HomeMy WebLinkAbout2016-209 IGA - Jackson County - Airport
INTERGOVERNMENTAL AGREEMENT
Between Jackson County and City of Ashland
For Crack Seal Services at the Ashland Municipal Airport
PARTIES
This agreement is made and entered into by and between JACKSON COUNTY, a political subdivision
of the State of Oregon (herein referred to as "COUNTY") and the CITY OF ALSHLAND, a municipal
corporation of the State of Oregon (herein referred to as "CITY") and sets forth the terms under
which COUNTY will perform crack seal services at certain pave areas of the Ashland Municipal
Airport (herein referred to as "Airport"). County and City are herein individually referred to as the
"Party" and collectively referred to as the "Parties."
STATUTORY AUTHORITY
1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled
INTERGOVERNMENTAL COOPERATION, the COUNTY is authorized to jointly provide for the
performance of a function or activity in cooperation with a unit of local government that
includes a city or other governmental authority in Oregon. By acceptance of this Agreement,
CITY certifies that it meets the above criteria for eligibility for such cooperation with
COUNTY.
2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government
consolidated department, intergovernmental entity or administrative officers designated
herein to perform specified functions or activities is vested with all powers, rights, and
duties relating to those functions and activities that are vested by law in each separate party
to the Agreement, its officers and agencies.
RECITALS
1. WHEREAS, the CITY desires to contract with the COUNTY for the provision of crack seal
services at certain paved surfaces within the Airport; and
2. WHEREAS, the COUNTY has the resources to provide crack seal services to the CITY; and.
3. WHEREAS, the parties are authorized to enter into such agreements pursuant to chapter 190
of the Oregon Revised Statues.
INCORPORATION OF RECITALS
The recitals set forth above are true and correct and are incorporated herein by this reference.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, it is mutually
agreed by and between the COUNTY and the CITY as follows:
1. Crack seal services. The COUNTY shall provide to the CITY crack seal services described in
Exhibit A. Services consist of the provision of equipment, labor, and material necessary to
complete the crack seal project. Services shall be provided within a geographic area consisting
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of the aircraft tie-down apron and the vehicle access routes to the southernmost hangars, as
outlined in Exhibit B.
1.1. Schedule of Services. The COUNTY agrees to provide services to the CITY as necessary to
complete the crack seal project on or before October 31, 2016.
1.2. Notification. The COUNTY shall provide at least 72 hour notice to the CITY before
starting work and receive verbal or written approval from the CITY prior to starting.
1.3. Payment. In consideration of the crack seal services to be provided by the COUNTY to
the CITY, the CITY agrees to make payment to the COUNTY within 30 days of receipt of
an invoice.
2. Compensation
2.1. The COUNTY shall submit billings to the CITY for actual costs of equipment, materials,
and labor incurred for work performed under this Agreement. Upon completion of
project, billings shall be submitted within thirty (30) working days. Billings shall be in a
form acceptable to the CITY and documented in such a manner as to be easily verified.
The CITY shall reimburse the COUNTY within 30 days of receipt of invoice.
2.2. Billing. The CITY shall be billed within 30 days of completion of services. Payments shall
be due within 30 days after invoicing by the COUNTY. Billings shall be submitted to:
City of Ashland
20 East Main Street
Ashland, OR 97520
3. General Provisions
3.1. The COUNTY shall be responsible exclusively with respect to its employees for providing
for employment-related benefits and deductions that are required by law, including, but
not limited to, federal and state income tax deductions, workers compensation coverage,
and PERS contributions. Nothing in this Agreement is intended or shall be construed to
create the relationship of employer and employee as between the COUNTY and the CITY.
3.2. The Parties hereto agree that if any term or provision of this Agreement is declared by a
court of competent jurisdiction to be invalid, unenforceable, illegal, or in conflict with any
law, the validity of the remaining terms and provisions shall not be affected, and the
rights and obligations of the Parties shall be construed and enforced as if the Agreement
did not contain the particular term or provision held to be invalid.
4. Termination
4.1. Without Cause. This Agreement may be terminated by mutual consent of the parties or
by either party upon thirty (30) days written notice and delivered by certified mail or in
person.
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4.2. For Cause. The COUNTY or the CITY may terminate or modify this Agreement, in whole
or in part, effective upon delivery of written notice to the other party or at such later date
as may be established by Parties under any of the following conditions:
i. If the COUNTY or the CITY funding from federal, state, local or other sources is not
obtained and continued at levels sufficient to allow for the performance of the
Agreement;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the performance is no longer allowable or appropriate or are no
longer eligible for the funding proposed for activities authorized by this Agreement.
4.3. For Default or Breach.
i. Either the COUNTY or the CITY may terminate this Agreement in the event of a
breach of the Agreement by the other part. Prior to such termination, the party
seeking termination shall give to the other party written notice of the breach and
intent to terminate. If the party committing the breach has not entirely cured the
breach within fifteen (15) days of the date of the notice or within such other period
as the party giving the notice may authorize or require, then the Agreement may be
terminated at any time thereafter by a written notice of termination by the party
giving notice.
ii. The rights and remedies of the COUNTY provided in this subsection are not
exclusive and are in addition to any other rights and remedies provided by law or
under this Agreement.
4.4. Obligation/Liability of Parties:
i. Termination or modification of this Agreement pursuant to subsections 4.1, 4.2, or
4.3 above shall be without prejudice to any obligations or liabilities of either party
already accrued prior to such termination or modification.
5. Modification, No Assignment, Construction, Effective Date
5.1. This Agreement may be amended, by written amendment and included as part of the
Agreement when properly signed by the parties.
5.2. The COUNTY shall not assign or otherwise transfer its interest in this Agreement.
5.3. This Agreement shall be construed and enforced in accordance with the laws of the State
of Oregon.
5.4. This Agreement shall not become effective until both parties hereto have executed this
Agreement.
6. Insurance
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6.1. The COUNTY, its subcontractors, if any, and all employers working under this Agreement
are subject employers under the Oregon Workers' Compensation Law and shall comply
with ORS 656.017, which requires them to provide workers' compensation coverage for
all their subject workers.
6.2. Each party's insurance shall provide primary coverage responsibility for its own
employees and agents when in the course of performing work under this Agreement for
which a claim arises.
7. Limitations of Liability. The parties agree that each party shall not be subject to claim, action or
liability arising in any manner whatsoever out of any act or omission, interruption or cessation
of services by the other party under this Agreement. Each party shall not be liable or
responsible for any direct, indirect, special or consequential damages sustained by the other
party to this Agreement, including, but not limited to, delay or interruption of business activities
that may result in any manner whatsoever from any act or omission, interruption or cessation of
services.
8. Indemnification. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS
30.260 et seq., and Article XI, Section 10 of the Oregon Constitution, each party to this
Agreement shall be solely responsible for its own actions and/or failure to act and shall
indemnify and hold the other party harmless from any claims, litigation, and/or liability arising
from a party's acts or omissions under this agreement and including any and all claims arising
from the level of service afforded under the Maintenance Plan pursuant to the Agreement. The
provisions of this paragraph shall survive the expiration or sooner termination of this
Agreement.
IN WITNESS WHEREOF, the Parties hereby enter into this Agreement. Each party, by signature below
of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and
agrees to be bound by its terms and conditions. Each person signing this Agreement represents and
warrants to have authority to execute this Agreement.
JACKSON COUNTY OREGON CITY OF ASHLAND OREGON
Date David Kanner ~ Date
Y JORDAN
y Administrator City Administrator
Printed Name -'OU~rt
Its
AP ED AS AL SUFFICIENCY: APPROVED AS TO LEGAL SUFFICIENCY:
2,5 (6
County Counsel Date City Counsel Date
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EXHIBIT A: Jackson County Proposal for Crack Seal at Ashland Municipal Airport
Qty. Day 1 Labor & equipment Hours Cost per day
1 Compressor, Pickup & Driver $44.35 10 $ 443.50
1 Crack Sealer, Pickup & Lead $131.06 10 $ 1,310.60
1 Pickup & 2 Laborers $54.70 10 $ 547.00
2 Sealant applicators $60.52 10 $ 1,210.40
2 Sqeegee operators $21.35 10 $ 427.00
3000 LBS of Crack Seal material @ 0.45 per pound $ 1,350.00
Total cost for the day $ 5,288.50
Qty. Day 2 Labor & equipment Hours Cost per day
1 Compressor, Pickup & Driver $44.35 10 $ 443.50
1 Crack Sealer, Pickup & Lead $131.06 10 $ 1,310.60
1 Pickup & 2 Laborers $54.70 10 $ 547.00
2 Sealant applicators $60.52 10 $ 1,210.40
2 Sqeegee operators $21.35 10 $ 427.00
3000 LBS of Crack Seal material @ 0.45 per pound $ 1,350.00
Total cost for the day $ 5,288.50
Qty. Day 3 Labor & equipment Hours Cost per day
1 Compressor, Pickup & Driver $44.35 5 $ 221.75
1 Crack Sealer, Pickup & Lead $131.06 5 $ 655.30
1 Pickup & 2 Laborers $54.70 5 $ 273.50
2 Sealant applicators $60.52 5 $ 605.20
2 Sgeegee operators $2135 5 $ 213.50
1 Pick-up Broom & Operator $171.58 4 $ 686.32
1800 LBS of Crack Seal material @ 0.45 per pound $ 810.00
Total cost for the day $ 3,465.57
Total Cost for Proposed Services
Equipment, labor & materials $ 14,042.57
Contingency 10% $ 1,404.26
Total $ 15,446.83
Equipment Rates (Hourly)
Crack Sealer $48.00
Air Compressor $11.00
Pickup $12.00
Pick-up Broom $110.00
Labor Rates (Hourly)
Lead operator $71.06
Crack Seal applicator $60.52
laborer $21.35
Broom operator $61.58
EXHIBIT B: PROJECT AREA
Ashland Municipal Airport Crack Seal
Legend
Project Area Boundary
Note: Approximately 6.5 acres of paved surface occur in Project Area Boundary. Crack seal
activities will be conducted on all paved surfaces within boundary.
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EXHIBIT A: Jackson County Proposal for Crack Seal at Ashland Municipal Airport
Qty. Day 1 Labor & equipment Hours Cost per day
1 Compressor, Pickup & Driver $44.35 10 $ 443.50
1 Crack Sealer, Pickup & Lead $131.06 10 $ 1,310.60
1 Pickup & 2 Laborers $54.70 10 $ 547.00
2 Sealant applicators $60.52 10 $ 1,210.40
2 Sqeegee operators $21.35 10 $ 427.00
3000 LBS of Crack Seal material @ 0.45 per pound $ 1,350.00
Total cost for the day $ 5,288.50
Qty. Day 2 Labor & equipment Hours Cost per day
1 Compressor, Pickup & Driver $44.35 10 $ 443.50
1 Crack Sealer, Pickup & Lead $131.06 10 $ 1,310.60
1 Pickup & 2 Laborers $54.70 10 $ 547.00
2 Sealant applicators $60.52 10 $ 1,210.40
2 Sqeegee operators $21.35 10 $ 427.00
3000 LBS of Crack Seal material @ 0.45 per pound $ 1,350.00
Total cost for the day $ 5,288.50
Qty. Day 3 Labor & equipment Hours Cost per day
1 Compressor, Pickup & Driver $44.35 5 $ 221.75
1 Crack Sealer, Pickup & Lead $131.06 5 $ 655.30
1 Pickup & 2 Laborers $54.70 5 $ 273.50
2 Sealant applicators $60.52 5 $ 605.20
2 Sqeegee operators $21.35 5 $ 213.50
1 Pick-up Broom & Operator $171.58 4 $ 686.32
1800 LBS of Crack Seal material @ 0.45 per pound $ 810.00
Total cost for the day $ 3,465.57
Total Cost for Proposed Services
Equipment, labor & materials $ 14,042.57
Contingency 10% $ 1,404.26
L Total $ 15,446.83
Equipment Rates (Hourly)
Crack Sealer $48.00
Air Compressor $11.00
Pickup $12.00
Pick-up Broom $110.00
Labor Rates (Hourly)
Lead operator $71.06
Crack Seal applicator $60.52
laborer $21.35
Broom operator $61.58
EXHIBIT B: PROJECT AREA
Ashland Municipal Airport Crack Seal
Legend
Project Area Boundary
Note: Approximately 6.5 acres of paved surface occur in Project Area Boundary. Crack seal
activities will be conducted on all paved surfaces within boundary.
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CITY OF
ASHLAND
Council Communication
August 16, 2016, Business Meeting
Intergovernmental Agreement with Jackson County to Perform Crack Seal at
Ashland Municipal Airport
FROM:
Kaylea Kathol, Public Works Project Manager, kaylea.kathol(a~ashland.or.us
SUMMARY
This is a contract with the Jackson County Roads Department to perform a crack seal project at certain
paved areas of the Ashland Municipal Airport.
BACKGROUND AND POLICY IMPLICATIONS:
Project Need
The City of Ashland periodically commissions crack seal activities on paved surfaces located at the
Ashland Municipal Airport. Sealing cracks prevents further deterioration of the pavement, reinforces
existing pavement, and ultimately extends the usable life of a paved surface. An extensive network of
cracks and fissures has developed since the last crack seal maintenance was performed, approximately
three years ago. Accordingly, the City would like to conduct crack seal activities again this autumn.
Obligation
The City owns the airport and has a responsibility to the airport users and tenants to maintain facilities
in satisfactory condition. While some facility maintenance activities may be performed by the Fixed
Base Operator (FBO) under the terms of the contract between the City and the FBO, large-scale
projects such as pavement maintenance are the responsibility of owner. Public Works Engineering and
Facilities Maintenance staff implement such projects.
Rationale for IGA
Public Works does not have the resources to perform an operation of this scale internally. However,
Jackson County has the capacity to complete the project and is willing to enter into an
intergovernmental agreement to perform the crack seal (Attachment A - intergovernmental
agreement). The City chose to contract with the County, rather than the private sector, based on cost
savings and availability. Few private paving businesses in the Rogue Valley provide crack seal
services, and the one estimate the City was able to obtain was characterized by material costs that
exceeded the County's quote for the total project costs (including materials, labor, and equipment).
Polic
The City is entering into this IGA under the provisions of ORS 190.010(4), which grants local
governments the authority to make intergovernmental agreements for the performance of a function or
Page 1 of 2
ILAI
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO: Recorder DATE: 23-Sep-2016
PROJECT: 2016-14 Airport Crack Seal
JOB NO.:
SUBJECT: IGA for laserfiche
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
(a) IGA with Jackson County Roads
(b) Council Communication
ENCLOSED tom`
UNDER SEPARATE COVER r-
REMARKS :
The enclosed IGA, its enclosures, and the council communication are
ready for scanning into laserfiche. Because this IGA will paid in a
single lump sum, it does not require a P0, per Finance.
Department of Public Works
By: Kaylea Kathol
Title: Project Manager - Facilities
Address: 51 Winburn Way,
Ashland, OR 97520
Email: kaylea.kathol a ashland.or.us
Cell: (541) 331-1144
PUBLIC WORKS Tel: 541-488-5587
20 E. Main Street Fax: 541-488-6006
Ashland, Ore on 97520 TTY: 800-735-2900 ILA
www.ashland.or.us