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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