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HomeMy WebLinkAboutAirport Master Plan Agreement CITY OF -ASHLAND Council Communication Title: Approval of an Intergovernmental Agreement between the State of Oregon, Oregon Department of Aviation and the City for completion of an Airport Master Plan Dept: Public Works Department Date: December 17, 2002 Submitted By: Paula Brown~~ Reviewed By: Paul Nolte ! Approved By: Brian Almquis~Z/~/~ Synopsis: The Update of the Airport Master Plan is on the City's Capital Improvements Program. The latest Master Plan document was completed in 1992 and is typically updated every 10 years. The City has been working with the Oregon Department of Aviation (ODA) to participate in the 2003 Multiple Airport Layout Plan and Report Project. By being a part of a larger program, the City can obtain the services of pre-approved Airport Master Plan consultants and not have to go through the design proposal process on our own. The ODA has added the Ashland Municipal Airport to its list of 2003 airports. The attached agreement and background documentation obligates a City match of 10% to the overall 90% of Federal Aviation Authority (FAA) funds for the project. Recommendation: It is recommended that the Council adopt a motion to approve the Intergovernmental Agreement between the State of Oregon, Oregon Department of Aviation and the City for completion of an Airport Master Plan. Fiscal Impact: The total project cost is anticipated to be $50,000, with the City's match at 10% 'or $5,000. The matching funds will come from the Airport fund split between the FY02 and FY03 budgets. Background: The Ashland Municipal Airport Master Plan was prepared in 1992 and has been scheduled for an update in FY03. As the airport continues to grow, facility layout and future construction expectations are essential to continue to have a functional airport. The City has worked through the Oregon Department of Aviation to be a part of a multi-City program for this update. The project is funded by the FAA at 90% and is expected to cost the City $5,000 over a two year period. A consultant has been selected through an open process. The FAA will grant funds directly to the ODA for program execution. The City's contract is with the ODA. \\COMPAQ I kDATA\GOV~pub-wrks~dmin~PB Council~Airport\CC ODA Master Plan Approval 17Dec02.doc INTERGOVERNMENTAL AGREEMENT Ashland Municipal Airport - 2003 Airport Layout Plan and Report Project THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Aviation (ODA), hereinafter referred to as "ODA", and CITY OF ASHLAND, acting by and through its Council, hereinafter referred to as "City". WITNESSETH RECITALS: 1. The Ashland Municipal Airport is a public airport owned and operated by the City and the Ashland Municipal Airport is included in the Federal Aviation Administration's National Plan of Integrated Airport Systems (NPIAS). 2. By the authority granted in ORS 190.110, state agencies may enter into agreements with units of local government for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform. 3. By the authority granted in ORS 836.025, ODA may, out of money available for this purpose, plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports. ODA may exercise this power jointly with any municipalities or agencies of the state government, other states or their municipalities, or the United States, by authority granted in ORS 836.040. 4. By the authority of ORS 836.020, ODA has the authority to act as agent for any municipality, if so requested. This authority extends to accepting, receiving, receipting and disbursing federal moneys and other moneys, public or private, made available to fmance in whole, or in part, the planning, acquisition, construction, improvement, maintenance or operation of a municipal airport. ODA shall, upon request, act as agent for municipalities in contracting for and supervising such planning, acquisition, construction, improvement, maintenance or operation. All municipalities are authorized to designate ODA as their agent for such purposes. 5. City desires to accomplish an airport layout plan and report for the Ashland Municipal Airport. City does not have staff available or knowledgeable to perform all tasks involved with accomplishing an airport layout plan and report. 6. City requests ODA to act as its agent in ail of the tasks required to complete an airport layout plan and report for the Ashland Municipal Airport. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties as follows: Page 1 Ashland Municipal Airport Agreement for ODA to Act as Agent for City of Ashland TERMS OF AGREEMENT: 1. For the purpose of promoting the safe and efficient operation of the Ashland Municipal Airport by creating a layout plan for the existing and proposed airport and the existing and proposed surrounding areas, ODA and City plan and propose the following project: a. ODA shall sponsor a grant application to the FAA that solicits federal aid for the preparation of an airport layout plan and report for the Ashland Municipal Airport. b. ODA, at City's request, shall act as City's agent in accepting, receiving, receipting and disbursing federal moneys made available to finance the airport layout plan project. c. ODA, at City's request, shall act as City's agent in contracting for the preparation of an airport layout plan and report for the Ashland Municipal Airport, and in supervising the preparation of the airport layout plan and report. 2. The project described in paragraph 1 (terms of agreement) will be 90% financed with federal funds that the parties anticipate will be available to ODA. The accomplishment of this project is subject to the availability of federal aid. City will f'mance 10% of the project with funds available to City. 3. City and ODA hereby pledge complete cooperation with each other in the accomplishment of this project and performance of this agreement. 4. This agreement shall become effective on the date all required signatures are obtained and shall remain in effect until the FAA accepts the airport layout plan and report and full payment of the actual project cost is receivedby ODA. ODA OBLIGATIONS: 1. In cooperation with the City, ODA shall prepare a scope of work description for the Ashland Municipal Airport layout project that is satisfactory to City and ODA. ODA shall act as City's agent to solicit interested and qualified consultants for the creation of an airport layout plan and report for the Ashland Municipal Airport. ODA shall, as City's agent, solicit proposals from consultants to create an airport layout plan and report for the Ashland Municipal Airport and select a consultant. 2. ODA, as City's agent, shall negotiate with selected consultant for a final scope of work and a contract that includes the price and services necessary to prepare an airport layout plan and report. 3. When ODA has negotiated an estimated contract price, conditioned upon receiving the FAA financing, ODA, as City's agent, shall submit a grant application to the FAA for federal financial aid covering 90% of the estimated total project costs. Page 2 Ashland Municipal Airport Agreement for ODA to Act as Agent for City of Ashland 4. If the FAA makes a grant offer to ODA for this project, ODA shall act as City's agent to accept the grant offer if the offer covers at least 90% of the estimated project cost. If ODA accepts an FAA grant offer, ODA, as City's agent, shall award the negotiated contract to the selected consultant. 5. ODA shall inform City of the total estimated project cost, for which City shall then provide a payment of 5% of the total estimated project cost. After ODA receives the 5% payment from City, ODA shall provide a separate expenditure account in ODA's accounting system to properly and accurately account for City's funds. 6. If ODA awards the airport layout plan contract, ODA, as City's agent, shall oversee performance of the selected consultant, review material submitted by the consultant, receive comments from City on material submitted and ensure its consideration and/or inclusion in plan, and ensure adherence to FAA's technical specifications and other criteria. 7. ODA, as City's agent, shall receive payment of any grant monies awarded to ODA from the FAA. If the airport layout plan and report is completed and approved by FAA, ODA shall, as City's agent, make final payment to the selected consultant according to the terms of the negotiated contract, apply for final payment from FAA and forward the completed airport layout plan and report to FAA. 8. Upon completion of the airport layout plan and report, ODA, as City's agent, shall provide a f'mal accounting of the cost to complete the work identified in paragraph 1 (Terms of Agreement) to City. City shall then provide a payment to ODA in an amount so the total amount of payment to ODA equals 10% of the total project cost. CITY OBLIGATIONS: 1. City hereby requests and designates ODA to act as its agent for the purposes listed in paragraphs 1-2 and 4-8 (ODA' Obligations). 2. City agrees to transmit to ODA 10% of the total project costs. City agrees to transmit to ODA 5% of the estimated total project costs after ODA informs City of the total estimated project costs, but before the selected consultant commences performance under its contract with ODA. City agrees to transmit to ODA the remaining percentage to equal a total of 10% of the total project costs when final total costs are determined. 3. City agrees to establish an airport planning advisory committee, before the selected consultant commences performance under its contract with ODA, to meet the following responsibilities: a. advise City on airport needs; b. promptly review the segments of the airport layout plan and report study after each segment is completed; Page 3 Ashland Municipal Airport Agreement for ODA to Act as Agent for City of Ashland c. advise City on the findings and conclusions of the airport layout plan and study and to communicate any comments to ODA; d. publicize public meetings or hearings on the airport layout plan and report and ensure City representation at such meetings; e. request City's Council adopt the airport layout plan and report once the plan and report are completed to the satisfaction of ODA, FAA and the airport planning advisory committee. 4. City agrees it shall be the exclusive responsibility of ODA to contract with the selected consultant to accomplish the airport layout plan and report. City shall communicate through ODA with the selected consultant regarding contract administration and scope of work, other than at public forums. City agrees that, if problems with the selected consultant arise during the preparation of the airport layout plan and report study, City shall communicate these concerns to ODA, which shall be responsible for resolving these concerns to City's satisfaction. 5. City, as airport owner, agrees to execute a separate agreement with ODA wherein City assures and certifies that it will comply with all terms, conditions, and assurances contained in the project application that ODA submits to FAA and to all conditions stipulated by the FAA in the grant offer accepted by ODA. 6. City shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, hold ODA harmless from liability for any costs, fees or expenses that may be incurred in the performance of this agreement. GENERAL PROVIS IONS: 1. The airport layout plan and report will be accomplished in accordance with a airport layout plan and report scope of work approved by FAA; FAA Advisory Circular (AC) 150/5070-6A dated June 1985; AC 150/5300-13 dated September 1989 (as amended); other applicable documents and such requirements as FAA may direct. 2. ODA will contract for all work in conjunction with this project within the fiscal constraints of federal and local funds available. Grant and local matching funds will pay for ODA and consultant costs. The accomplishment of the project is subject to the availability of federal dollars. 3. In the accomplishment of this project, ODA shall assure compliance with all the regulations of the United States Department of Transportation relative to nondiscrimination in federally assisted programs. Further, ODA will not allow discrimination on the grounds of race, color, national origin or sex. 4. The parties to this agreement agree and understand they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to Page 4 Ashland Municipal Airport Agreement for ODA to Act as Agent for City of Ashland the work including, but not limited to, the provisions of ORS 279.312, 279.314, 279.316, 279.320, and 279.555, incorporated herein by reference and made a part of this agreement. 5. The parties, City's or ODA' 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. TERMINATION: 1. Parties' Right to Terminate for Convenience. This agreement may be terminated by mutual written consent of both parties. 2. ODA' Right to Terminate for Convenience. ODA may, at its sole discretion, terminate this agreement, in whole or in part, upon thirty days written notice to City. 3. ODA' Right to Terminate for Cause. ODA may terminate, in whole or in part, immediately upon notice to City, or at such later date as ODA may establish in such notice, upon the occurrence of any of the following events: a) If City fails to provide services or funds called for by this agreement within the time specified herein or any extension thereof. b) If City fails to perform any of the other provisions of this agreement, or so falls to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from ODA fails to correct such failures within 10 days or such longer period as ODA may authorize. c) If federal or state laws, regulations or guidelines are modified or interpreted in such a way that the work by City under this agreement is prohibited. 4. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties .prior to termination. 5. This agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such waiver, consent,' modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of ODA to enforce any provision of this agreement shall not constitute a waiver by ODA of that or any other provision. City, with approval of its Council has authorized the approval and execution of this agreement on behalf of the City. Page 5 Ashland Municipal Airport Agreement for ODA to Act as Agent for City of Ashland lin WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year written below. Reviewed for ODA:_ By: ~ Date I 1--'2.5 ~CT~ "~~t~t"~ttome~ General State of Oregon, by and through its Department of Aviation: By:. Date Ann B. Crook, ODA Director Approved for the City of Ashland as to Legal Sufficiency: By: Date City Counsel City of Ashland, by and through its Council: BY: Date Page 6 Ashland Municipal Airport Agreement for ODA to Act as Agent for City of Ashland REQUIRED STATEMF~NTS AIRPORT IMPROVEMENT PROGRAM PROJECTF, ~..~.~: AIRPORT: Ashland Municipal LOCATION: Ashland, OR AIP PROJECT NO.: 3-41-4 100-15 STATEMENTS APPLICABLE TO THIS PRO,J'ECT: [] a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near the airport. [] b. THE DEVELOPMENT PROPOSED IN THI.q PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. [] c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing the airport, and they have been informed regarding the scope and nature of this project. [] d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airpo~ The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). B Y: DATE: TITLE: SPONSORING AGENCY: , CiW of Ashland NOTE: Where opposition is stated to an air~ort development pro~ect, whether expressly or by pro~osed revision, the following specific information concer~/ng the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b. The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. STATE SPONSORSHIP AGREEMENT DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION CONSENT FOR STATE SPONSORSHIP AND STATEMENT OF AIRPORT SPONSOR'S OBLIGATIONS ASHLAND MUNICIPAL AIRPORT Name of Airport ASHLAND, OREGON Associated City In accordance with Section 503(a)(3) of the Airport and Airway Improvement Act of 1982, as amended, CITY OF ASHLAND Name of Airport Sponsor hereinafter called the "Airport Sponsor", hereby consents to project sponsorship by the STATE OF OREGON, DEPARTMENT OF AVIATION OREGON DEPARTMENT OF AVIATION Name of State Agency for a project at the above airport and associated city described as follows: 2003 AIRPORT LAYOUT PLAN AND REPORT - ASHI~AND MUNICIPAL AI~ORT Airport Sponsor also assures and certifies that it will comply with all terms, conditions, and assurances contained in project application submitted the to Federal Aviation Administration by the state and to all grant agreement conditions required by the Federal Aviation Administration. A copy of the project application assurances and grant agreement conditions is attached and made part of this consent for State sponsorship and statement of Airport Sponsor's obligations. CITY OF ASHLAND Name of Airport Sponsor BY TITLE DATE CERTIFICATE OF AIRPORT SPONSOR'S ATTORNEY Acting as Attorney for Airport sponsor, I do certify that I have examined the foregoing agreement and find that the execution by said Airport Sponsor has been duly authorized and is in all respects due and proper in accordance with the laws of the State of Oregon, and that in my opinion said Agreement constitutes a legal and binding obligation of Airport Sponsor in accordance with the terms thereof. FOR CITY OF ASHLAND Name of Airport Sponsor BY TITLE DATE