HomeMy WebLinkAbout2003-019 IGA - ODA 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".
W1TNESSETH
RECITALS:
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).
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.
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.
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
finance 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.
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.
City requests ODA to act as its agent in all 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:
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.
bo
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.
Co
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.
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 finance 10% of the
project with funds available to City.
City and ODA hereby pledge complete cooperation with each other in the
accomplishment of this project and performance of this agreement.
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 received by ODA.
ODA OBLIGATIONS:
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.
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.
o
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
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.
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.
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.
o
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.
Upon completion of the airport layout plan and report, ODA, as City's agent, shall
provide a final 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:
City hereby requests and designates ODA to act as its agent for the purposes listed in
paragraphs 1-2 and 4-8 (ODA' Obligations).
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.
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;
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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 heatings on the airport layout plan and report and ensure
City representation at such meetings;
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.
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.
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.
o
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 PROVISIONS:
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.
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.
o
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.
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.
The parties, City's or ODA' subcontractors, if any, and ail 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 ail their subject workers.
TERMINATION:
Parties' Right to Terminate for Convenience. This agreement may be terminated by
mutual written consent of both parties.
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.
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 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 federai or state laws, regulations or guidelines are modified or interpreted in such a
way that the work by City under this agreement is prohibited.
Any term/nation of this agreement shail not prejudice any rights or obligations accrued to
the parties ,prior to termination.
o
This agreement constitutes the entire agreement between the parties on the subject matter
hereof. There are no understandings, agreements, or representations, orai 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, shail 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 approvai of its Council has authorized the approvai 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
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year
written below.
::~
. Attorne General
Date_I 1...2 <) -cfL
State of Oregon, by and through its Department of Aviation:
By: ~ 6d. cJ) Date ()~.J
Ann B. Crook, ODA Director
Approved for the City of Ashland as to Legal Sufficiency:
~~-,
City Counsel
Date ,t1,~VV
By:
City of Ashland, by and throZCil:
By: ~~
Date
'2... . \ 'B. . C.i 2-
Page 6 Ashland Municipal Airport
Agreement for ODA to Act as Agent for City of Ashland
STATE SPONSORSHIP AGREEMENT
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
CONSENT FOR ST ATE 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 - ASHLAND MUNICIPAL AIRPORT
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 fu~t.lc. woa.t::s 1>1 fZ6cJ'r;~
DATE /"7 pec,tn-
.
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
BY
TITLE
DATE
REQUIRED STATEMENTS
AIRPORT IMPROVEMENT PROGRAM PROJECTS
AIRPORT: Ashland Municipal
LOCATION: Ashland, OR
AIP PROJECT NO.: 3-41-4100-15
STATEMENTS APPLICABLE TO THIS PROJECT:
a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been
given to the interest of communities that are near the airport.
THE DEVELOPMENT PROPOSED IN THIS 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.
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
airport.
The above
BY:
TITLE:
statem~considered and are applicable to this project. (Provide comment for any statement not checked).
DATE: /? /;~o ~
SPONSORING AGENCY: City of Ashland
NOTE: Where opposition is stated to an &ir~ort development project, whether expressly or by proposed
revision, the following specific information concern£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 envirornnental aspects of the proposed project and its consistency with the goals
and objectives of such urban plarkning 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.
CITY OF
SHLAND
NOTICE OF TRANSMITTAL
TO:
BARBARA CHRISTENSEN
CITY RECORDER
DATE:
PROJECT:
JOB NO.:
SUBJECT:
MAY 1, 2003
ASHLAND AIRPORT MASTER PLAN
CONTRACT DOCUMENTS
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Please find attached one original copy of the Intergovernmental Agreement with the Oregon
Department of Aviation and the City of Ashland for the revision to the Ashland Airport Master
Plan.
ENCLOSED ~j
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Department of P}tbt'i~orks
By: Dawn L~,fl~. ,~d~
Title: Adm~is)~afive Assistant
PUBLIC WORKS Tel: 541-488-5587
20 E. Main Street Fax: 541488-6006
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
G:\pub-wrks\eng\dept-admin~AIRP\ODA Master Plan Contract NOT.doc