HomeMy WebLinkAbout2003-148 Intergov Agrmt - ODA INTERGOVERNMENTAL AGREEMENT
Ashland Municipal Airport - Sumner Parker Field
2003 Statewide Airport Pavement Maintenance Program
The parties to this Agreement are THE STATE OF OREGON, acting by and
through its Department of Aviation, hereinafter referred to as "ODA,, and the City of
Ashland, acting by and through its City Council, hereinafter referred to as "City".
I1.
PURPOSE: The Statewide Airport Pavement Maintenance Program is a
state-funded program to assist airports in undertaking pavement
maintenance. This program will protect Oregon's airport investments by
preserving airport pavement consistent with the goals of the 2000 Oregon
Aviation Plan.
RECITALS:
A. Ashland Municipal Airport - Sumner Parker Field is a public use airport
owned and operated by the City of Ashland.
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.
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.
ORS 836.072 provides ODA the authority to establish and fund a
program to maintain and preserve the pavements used for runways,
taxiways, and aircraft parking areas at public use airports in this state.
City desires pavement maintenance work for the airport as further
described in the attached Exhibit A, hereinafter the "Project". The
Project may be subject to minor amendments after final contract
documents are prepared.
F. The Ashland Municipal Airport - Sumner Parker Field is in the core
system of airports identified by the 2000 Oregon Aviation Plan.
G. The City and/or controlling jurisdiction has established airport overlay
zoning and is implementing OAR 660-013, Airport Planning.
IGA - ODA/City of Ashland I July 21, 2003
2003 PMP Program
III. TERMS OF AGREEMENT:
A. ODA Obligations
1. ODA shall develop all contract specifications and bid documents for
the Project through the Department of Administrative Services,
When bid amount and Project are confirmed with contract
specifications, ODA will send a revised Exhibit A, if necessary, to
Airport, and request that Airport initial and return the final Exhibit A.
2. ODA shall advertise for construction bids. Construction contract
shall be awarded based on the lowest responsible bid received.
ODA's contracted engineer will inspect projects to ensure
conformity with specifications and to verify quantities for contract
payments.
4. ODA will invoice City for matching funds based on initial and final
construction costs.
B. City Obligations:
1. City will review initial and return to ODA the revised Exhibit A,
confirming its acceptance of the Project and the Project cost.
City must contribute ten percent (10%) in local matching funds
toward the total Project cost. Prior to the start date of the Project
upon request from ODA, City shall deliver fifty percent (50%) of the
estimated local match to ODA. At the termination of the project,
City shall deliver the remaining fifty percent (50%) of local matching
funds to ODA immediately after receiving an invoice from ODA.
City has established and shall maintain a documented airport
pavement maintenance program on a 3-year inspection cycle in
accordance with the ODA pavement inspection cycle.
In consideration for receipt of program funds, City agrees to keep
the airport open for public use for a minimum of 20 years from the
date of this Agreement.
5. The Project shall not provide pavement maintenance for any areas
of airport that are private or exclusive use areas.
6. City shall communicate through ODA with the contractor regarding
contract administration and scope of the Project.
IGA - ODA/City of Ashland 2 July 21, 2003
2003 PMP Program
City agrees that, if problems with the contractor arise during
construction, it shall communicate these concerns to ODA, which
shall be responsible for resolving these concerns.
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.
City shall ensure an airport representative will be available on
arrival of contractor work crews to meet with project inspector to
review work to be completed and to ensure appropriate NOTAM's
(Notice to Airmen) have been issued prior to commencement of
work.
C. General Provisions:
This Agreement shall become effective on the date signed by all of
the parties, and shall continue in effect until the improvements
described in Exhibit A (as amended) are completed and Airport has
delivered the required matching funds, or two years from the date
of this Agreement whichever occurs first. Covenants of City made
herein shall survive the termination or expiration of this Agreement.
2. The Project will be completed in accordance with applicable FAA
and state design standards and regulations.
In performing or completing the 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 in the performance and
completion of the Project.
The parties to this agreement will comply with all applicable federal,
state, and local laws, regulations, executive orders and ordinances
applicable to 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.
All employers, including City, that employ subject workers who work
under this Contract in the State of Oregon shall comply with ORS
656.017 and provide the required Workers' Compensation
coverage, unless such employers are exempt under ORS 656.126.
City shall ensure that each of its subcontractors complies with
these requirements.
IGA - ODA/City of Ashland 3 July 21, 2003
2003 PMP Program
6. This agreement may be terminated by mutual written consent of
both parties. ODA may, at its sole discretion, terminate this
agreement, in whole or in part, upon thirty days written notice to
City. 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:
If City fails to provide services or funds called for by
this agreement within the time specified herein or any
extension thereof;
If City fails to perform any of the other provisions of
this agreement, or so fails 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
' under this agreement is prohibited;
Any termination of this agreement shall not prejudice any rights or
obligations accrued to the parties prior to termination;
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 prevision.
IGA - ODA/City of Ashland 4 July 21, 2003
2003 PMP Program
The City of Ashland, with the approval of its City Council, has authorized the approval
and execution of this agreement on behalf of Ashland Municipal Airport - Sumner
Parker Field.
The Director of the Department of Aviation is authorized to act on behalf of the
Department of Aviation in approving and executing this agreement,
State of Oregon, by and through its
Department of Aviation
By: Date:
Ann B. Crook, Director
Oregon Department of Aviation
City of Ashland
Date:
Reviewed for Legal Sufficiency for ODA
By: Date:
Approved for the City of Ashland as to Legal Sufficiency
By: ~ ~ Date:
IGA - ODA/City of Ashland 5 July 21, 2003
2003 PMP program
Exhibit A
Pavement Maintenance Program - 2003
Oregon Department of Aviation
Schedule A: Ashland
Price ! Extended Price
AC Skin Patching 637 SY $ 6.50 $ 4,140.50
AC Patching 29 SY $ 100.00 $ 2,850.00
Crack Seal less than 3/8" 1116 LF $ 1.25 $ 1,395.00
Crack Seal 3/8" to 1" 700 LF $ 1.50 $ 1,050.00
Crack Seal more than 1" 500 LF $ 6.00 $ 3,000.00
Fill Existing Cracks 5294 LF $ 2.00 $ 10,588.00
Slurry Seal, Type 1 40473 SY $ 1.50 $ 60,709.50
Pavement Marking 11339 SF $ 0.60 $ 6,803.10
Restripe Pavement Marking 11339 SF $ 0.50 $ 5,669.25
Remove Existing Markings 7016 SF $ 2.00 $ 14,032.00
Mobilization 1 LS $ 10,609.69 $ 10,609.69
Subtotal $ 120,847.04
Contingency 1 LS $ 12,084.70 $ 12,084.70
Engineering 1 LS $ 25,665 $ 25,664.76
ITo, , I I $ 158,596.50
10%
Prepared by / Date:
Approved by / Date:
Local match $15,859.65 10%
Status: Bid Documents 100%
Complete
Note: This is the Preliminary Opinion of Probable Construction Cost based on the engineering work
completed to date. Unit prices are based on bids for similar projects.
Exhibit A - PMP 2003.xls / Exhibit A (updated 06-27-03) 7/21/2003 10:58 AM