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HomeMy WebLinkAbout08-12-2004 Airport Commission IOWA CITY AIRPORT COMMISSION AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE THURSDAY, AUGUST 12, 2004—5:45 P.M. I. Determine Quorum II. Changes/Amendments to Minutes of July 7 and July 15, 2004, meetings III. Review of Expenditures IV. Public Discussion—Items Not on Agenda V. Unfinished Items for Discussion/Action VI. Items for Discussion/Action: a. Aviation Commerce Park(ACP) i. Prospects/activity report—Iowa Realty ii. Other issues b. Runway 07 project -Earth Tech i. Earth Tech contract ii. FAA grant c. 2004—2005 T-hangar leases d. Airport budget and management e. Obstruction mitigation—Stanley Consultants f Strategic Plan i. Marketing ii. Other issues g. Airport fly-in breakfast—August 29, 2004 h. Vertical Infrastructure roof bids—Buildings B& C VII. Chairperson's Report VIII. Commission Members' Reports IX. Administrative Report X. Set Next Regular Meeting for September 9, 2004 at 5:45 p.m. XI. Adjournment Pe9T2• OCs Bu.G. ok e n. t • •r Agenda summary- 12 August 2004 a. Aviation Commerce Park: Harry Wolf, from Iowa Realty,will be at the meeting to answer questions and give an update on the marketing. The Commission requested a marketing plan at the July meeting. The Commission recommended and the Council approved a six-(6)month agreement with Iowa Realty. b. Runway 07 project:The Commission has not yet received a recommendation from the FAA on the Earth Tech contract. The FAA was contacted on August 4 to see if they would recommend signing the contract with Earth Tech to start the design work. A reply is expected before the August 12 meeting. The FAA had hoped to have all grants for 2004 offered by August 1. If a grant is offered by the time of the meeting,the Commission can approve it. c. 2004—2005 t-hangar leases—A copy of the current lease is in the packet. The Commission will need to review it to see if they want to make any changes. The leases will be sent out in September and are due October 1. d. Airport budget and management—At the July meeting,the Commission requested an agenda item for the Airport budget Because the Manager's job is to be reduced to .4 in November,the Commission should discuss how management would be accomplished. e. Obstruction mitigation project: Stanley Consultants will provide an update. This will be an agenda item until the project is completed. Tree mitigation is the next part of the project f. Strategy/business plan: The Commission continues to work on the plan. Krstenansky and Staley are the subcommittee for the plan. The first focus group is scheduled for August 10. Jeff Davidson will facilitate the meeting. g. Airport fly-in breakfast: The annual breakfast is scheduled for August 29. The item was put on the agenda in case the Commission wanted to discuss any events they would like to have that day. A Commission work schedule should be discussed. h. Vertical Infrastructure roof proposals—Proposals have been received for work on the roofs of Buildings B&C. This is part of a State grant. The Commission can review the proposals and accept one of them or reject them. 1 T Clay said this is all of the information the Commission needs to incorporate in the Strategic plan and he hopes everyone will be at the focus group meetings to let the Commission know what changes they think would help improve the Airport. Lehman said the Council and past Councils have supported the Airport. He said it is an asset to Iowa City and the State. He said he doesn't think the Airport will ever be completely self- sufficient. The Commission continued to receive public input on the issue of governance of the Airport. It was suggested that all those with ideas participate in the focus group session. Thomberry returned to the meeting and said he had been driving up and down the runways with the Mayor. O'Neil reminded Thornberry that he was not authorized to be driving a car on the runways and that it was not safe. Thomberry said the Mayor agreed that a lot of work needed to be done. He said the Mayor said what needs to be done is to have the Commission have Rick Fosse,the Public Works Director,come down and look at the surfaces. If Fosse agrees the areas need to be repaired,Fosse can tell the Council to give the Airport the money for the overlays. Hartwig will contact Fosse and have him look at the areas. Thornberry said the Mayor said the Council would give the Commission money if they ask for it. g. National Guard lease -The Guard leases approximately'A acre of property for vehicle storage. They would like a two-year lease. The rent has been increased 2%per year. All of the other terms would be the same as the last lease. Williams made a motion for a resolution to approve a lease with the National Guard. Clay seconded the motion and at roll call vote, the motion passed 5—0. h. Airport fly-in breakfast—O'Neil said there is a Young Eagle's event on August 28,the day before the breakfast. SERTOMA is trying to get a one-plane act to perform on Sunday. O'Neil said he did not think an airspace waiver could be obtained in time. Clay said they should have an Airport clean-up day before the breakfast. O'Neil said that if the Commission wanted to get information for the Strategic Plan,they may want to develop a survey and have a table set up to hand out the surveys and get information for the plan. i. FAA Master Site lease—O'Neil said the FAA has a Master lease for several small areas on the Airport. This includes the areas for the PAPI lights,the VASI lights,the ASOS and the maintenance building. They do not pay rent for those areas,but it is for instrumentation they provide free of any cost to the Airport. Staley made a motion for a resolution to approve the FAA lease. Williams seconded the motion and at roll call vote,the motion passed 5—0. CHAIRPERSON'S REPORT: Hartwig said he wanted to thank the Commission for all the effort and work on the Strategic Plan. COMMISSION MEMBERS'REPORTS: Williams said he is looking at marketing the Airport and making it known what services are at the Airport,including the availability of the meeting room. Staley said he would like to thank Clay and Krstenansky for the work they have done on the Strategic Plan. 6 t Clay said as part of the Strategic Plan,each line item should be analyzed. He said this might include restructuring the budget and not spending some money. O'Neil explained the direction the last several Commissions have taken with regard to the budget. He said a lot of work has gone into the budgets and they have been lean budgets. O'Neil said that he has been given the direction that although the money is in the budget,don't spend it unless it is absolutely necessary. He said that eventually becomes a problem when you continue to defer maintenance. Krstenansky said the Commission needs to establish goals and objectives for the budget and make sure the budget is meeting them. A capital project should be scheduled when deferred maintenance can no longer be affective. O'Neil said it would be helpful for the Commission to have a better system for analyzing the budget. The thne between when the Commission receives the proposed budget and when it needs to be returned to Finance is relatively short. Staley said some of this review should be done before the proposed budget arrives. Clay said a budget process could be included as part of the Strategic Plan. Staley said it is his understanding that the largest single item in the budget is the repayment of the intradepartmental loans. He said this is where the Commission should put the major emphasis. Clay said there should be a quarterly review. Williams said that increasing the revenues is critical. Clay said he is not asking for anything from the budget except to incorporate something in the Strategic Plan to measure goals and objectives. O'Neil said he will have year to date information for the Commission at the next meeting and if the Commission looks at that information,they can familiarize themselves with the line items of the budget. Hartwig asked Lehman if the Commission would be invited to the work session to discuss governance? Lehman said the best time for the Commission to make comments would be at the formal meeting on August 3. Staley said the one challenge the Commission needs to address is how to bring down the amount of the hangar loans. O'Neil said that when ICFS left,the drop in revenue for Building F caused the largest single budget deficit. Harry Hinckley,a tenant at the Airport,asked what the debt was to repay the infrastructure for the Aviation Commerce Park? Hinckley said the goal of the Commissions in the past was also to work toward self-sufficiency. He said now the Airport has more of a debt and a shorter runway. They are more in debt now then before and have less runway length. He wanted to know where the idea came from to have the City involved in developing the ACP? He said as a long-term tenant,he has not seen any progress at the Airport. He complained about the deferred maintenance at the Airport. He said the Commission needs to improve the overall condition of the Airport. Clay asked what Hinckley would do? Hinckley said he would use a portion of the income on maintenance. Lehman said the intent of the ACP was to lease the land and have a constant source of income. The property was offered for lease and no one was interested in leasing the property. Mascari said the Commission should sell enough property to pay for the infrastructure and then lease the rest. Dean Thornberry,a hangar tenant at the Airport,said the runways at Iowa City are the worst of any airport in the area except Marion and he doesn't like it. He said he knows it is in the Master Plan to improve the runways,but he hasn't seen anything yet. 5 e. Obstruction mitigation—The lighting contract was ready for Hartwig to sign. This is for the obstruction lighting on Buildings B and C. O'Neil said there is a letter in the packet from St.Mary's church,requesting that the Commission pay for the obstruction lighting and share the costs for on-going maintenance. O'Neil said the grant will pay for the installation,but he would recommend the Commission not agree to maintenance. The Commission does not have money to pay for maintenance and it is not the Commission's obstruction. The grant will pay for the capital investment. The Commission should document that they tried to mitigate the obstruction and the church would not agree. There is a civil penalty for not mitigating the obstruction if the federal government would choose to enforce it. Staley asked if there was some other method of lighting the steeple? O'Neil said the church had agreed to the design,they just wanted the Commission to maintain it. O'Neil said the Commission should document their attempt to mitigate the obstruction and move on to mitigating other obstructions. f. Strategic planning—Clay asked if Hartwig was going to ask for public comments? Hartwig asked if anyone would like to comment? Lehman said he was there to answer any questions the Commission had. No one had additional comments. Clay said he asked O'Neil to fill out the application to the University to ask for help with the marketing for the Airport. Clay said he had a few additions and changes to the application. It is due August 1. Clay reviewed the changes with the Commission. Krstenansky said most of the help would be with the marketing and the Commission needs to be specific on what they needed assistance with. The goals must be specific. Hartwig said a letter is being drafted to send to the Council. O'Neil said he had sent a draft to the Commission members. When the letter is approved,the Commission wanted to send a letter directly to each Council member. O'Neil said that he incorporated all the changes he had received from Commission members. Clay said the Commission should decide what enclosures to send with the letter. Krstenansky said some of the times on the schedule might not allow for enough notification for some of the meetings. Clay said he likes the accelerated timeline O'Neil developed. It shows the Commission is serious about having a completion date. Hartwig asked if the Commission was ready to send the letter? Krstenansky said some of the dates needed to be changed on the timeline. Staley said he would be gone for the focus meeting and Commission meeting the second week of August. There was discussion about the schedule. O'Neil said he would make the changes and send out notification for the first focus group. O'Neil said some of the scheduling would depend on when Jeff Davidson is available. Clay asked if there has ever been a cost benefit analysis of each line item of the Airport's budget? He said there were some things he didn't understand. O'Neil said the Commission has the opportunity to discuss the budget line item by line item,but he does not think any Commission has done a cost/benefit analysis of each line item. O'Neil said there would be a very limited number of items that could be done with. 4 f t b. Runway 07 project—O'Neil said he has had discussions with FAA officials concerning the project grant. Iowa City is still programmed for FY 2004 funding and they hoped to have all 2004 grants issued by August 1. O'Neil said the City would find out through a congressional news release. He said this would allow for the design work to begin. O'Neil said the Commission asked him to contact Public Works concerning the proposal by developer Dave Larsen to have an easement for a dry-bottom storm water detention area south of the RPZ for Runway 07. Most of the concerns voiced by the Commission would have to be addressed before Public Works would give approval to the detention area. Some of the concerns raised were the affect of the basin on the flood plain and if it would have an affect on the recently completed Environmental Assessment. The Commission also asked how much H.R. Green would charge to assess the impact of the detention area on the EA. O'Neil said Green would charge on a time and material basis and it would be a minimum of$3500. O'Neil said he would not recommend the Commission pay that fee. It should be the responsibility of the developer to pay for that analysis. O'Neil said for the Commission to be certain that it will not effect the runway project,the design work should be done and approved before agreeing to recommend the easement. O'Neil said that if the Commission wanted to send a recommendation to the Council, it should be in writing and all of the concerns should be documented. Williams asked if Larsen wanted to pay for an analysis from Green? Larsen said he would not be willing to pay for an analysis. Clay said he would recommend making some type of recommendation so the Commission can get the issue off their agenda. He said he would recommend the easement be approved, based on Public Works answering the questions of concern from the Commission. Staley seconded the motion and it passed 5—0. Clay asked if the Larsen proposal included the Airport getting some fill material for the runway project? O'Neil said there may be some dirt available,but the Commission can not pay to have it moved until they have received a grant or the construction will not be reimbursed. O'Neil said he will not know until the after the grant offer is received whether any construction is included. Larsen said he is getting close to a point of wanting to move dirt. c. Environmental Assessment—O'Neil said all information requested by the FAA has been received by them. He is just waiting for the final approval of the report. d. United hangar lease—O'Neil said there were two changes from the lease in the original packet. One change was the pay schedule. They would like to pay$200 for the first year and$300 for the second year as opposed to $250 per month for the two-year lease. The second change is a clarification that if funding is received to remove the hangar as an obstruction before the end of the lease,the Commission can terminate the lease after giving 30 days notice.Everything else in the lease is language that is in the standard Commission lease. Williams made a motion to accept the lease with Kim Brogan. Krstenansky seconded the motion and at roll call vote the motion passed 5—0. 3 r UNFINISHED ITEMS FOR DISCUSSION/ACTION: No items were presented. ITEMS FOR DISCUSSION/ACTION: a. Aviation Commerce Park—Harry Wolf,from Iowa Realty,introduced himself and said he had a couple of items to discuss. He said there should be some action in the next week or two that may require Commission action. He said another issue is that the listing agreement has expired and he would like to ask for a one-year extension. He said the only change in the agreement would be to substitute his name for Tracy Overton's name. He said the Commission had asked for a marketing plan and he would be ready to present that next month. He said the plan would depend somewhat on the length of the extension. Wolf said the only other observation he had was that several of the inquiries about the lots wanted to know what types of architectural requirements the Commission expected. Wolf presented a conceptual drawing to the Commission that he said he thought represented the type of development the Commission expected. He said this might deter some buyers that did not want to spend the money to make a more attractive building. Wolf said there is interest in Lot#1 to construct a multi-tenant building with some aviation use. There is interest in lots#5,#6 and#7. There are two different parties that have interest in that area of the ACP. The Iowa City School System currently rents part of lot#5. Wolf said he has received an updated flood plain map that reflects the areas where there was fill. Almost the entire ACP is out of the flood plain. Lots 15, 16, and 17 should probably be reserved for retail or some type of business compatible with Wal-Mart and Cub Foods. The traffic light being installed at the north end of Ruppert Road should be installed soon. This will make the development more attractive. Williams asked if Wolf thought there would be at least one firm offer in the next 30 to 60 days? He said he would like to see a sale before a long-term commitment was made. Krstenansky said he was disappointed that there was not a marketing strategy. Clay said Wolf came into the project just recently and knows that he was not responsible for the lack of sales the last year. O'Neil said the Council would make the final decision on the realtor. The Commission will make a recommendation to the Council on whom they think should market the property. Wolf said he would need some commitment in order to finalize the marketing plan. He said he could put a plan together if a six-month extension was granted. Staley said he would make a motion for a recommendation to Council to retain Iowa Realty for another six months to market the ACP. Clay seconded the motion and it was passed 3— 1,with Williams abstaining and Krstenansky voting no. Wolf said he would have a marketing plan for the Commission at the next meeting. 2 r L MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY,JULY 15,2604—5:45 P.M. IOWA CITY AIRPORT TERMINAL CALL TO ORDER: Chairperson Hartwig called the meeting to order at 5:47 p.m. MEMBERS PRESENT:Randy Hartwig,John Krstenansky,John Staley,Daniel Clay, Carl Williams MEMBERS ABSENT:None STAFF PRESENT: Sue Dulek,Ron O'Neil OTHERS PRESENT: Mayor Lehman,Ross Wilburn,Mike O'Donnell RECOMMENDATIONS TO COUNCIL: The Commission recommended to Council to extend the listing agreement with Iowa Realty for six(6)months to sell or lease the property in the Aviation Commerce Park. The Commission recommended the Council approve a permanent easement for Dave Larsen to develop a dry-bottom water detention area southwest of the Airport. There was a list of criteria that Larsen would have to meet before the detention area was allowed to be constructed. APPROVAL OF MINUTES: The minutes of the June 10,2004,Commission meeting were approved as submitted. REVIEW OF EXPENDITURES: O'Neil reviewed the check requests for July with the Commission.O'Neil said the sewer and water bill had a storm water management charge on the bill. Public Works is assessing every department based on the amount of hard surface they have. This is for maintenance of the storm water system. Krstenansky asked O'Neil to have a printout of the entire monthly expenditures and year-to-date totals. O'Neil said he is not able to print the monthly reports from Finance from his computer, but will have Accounting run a report for him for next month. PUBLIC DISCUSSION—ITEMS NOT ON AGENDA: Ron Duffe,from Jet Air,presented several items. He said Jet Air was going to run a CFI clinic in August. He said the FSDO would send a notice to all pilots in Iowa. He said Jet Air is on the cover of Aviator Hotline. This issue will be handed out at the Oshkosh Air Show. Dean Thornberry commented that the Mayor and a couple of Council members were at the meeting. He said that since the Council is considering putting the issue of Commission autonomy on the ballot in November,he thought the Mayor should have an opportunity to speak to the Commission. Hartwig told Thornberry this was an agenda item and would be discussed at that time. I S T Staley said the Commission has a lot of issues to address during the coming year. ADMINISTRATIVE REPORT: The 2004 FAA conference was held in Kansas City on June 29 through July 1. He attended and spoke with several FAA officials about the grant for Runway 07 and introduced the Commission members to the FAA officials. He said he thought it was important that the FAA knows the Commission is interested in the Airport enough to attend the AIP conference. O'Neil said Hartwig donated a stencil for one of the Terminal doors. O'Neil thanked him for his donation and asked the other Commission members to look at it on the way out after the meeting. The Iowa City School System would like to continue leasing an acre of property in the ACP on a month to month basis. O'Neil suggested one of the Commissions members volunteer for the Chambers leadership program. He said he would be willing to volunteer himself if none of the Commission was interested. It is a good way to network with the community. The tuition is$ 800. Krstenansky said he did not think the program was worth the tuition. Jet Air and the Des Moines FSDO are holding a"Wings"program at Iowa City on August 14 and August 15. There was a Gulf Stream V that was in Iowa City yesterday that brought 14 people from Seattle to do business with P&G in Iowa City. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for August 12,2004,at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 8:53 p.m. Randy Hartwig,Chairperson • 7 EXPE: 08.05.04 11:49:04 Page: 1 Iowa City General Ledger System /]n `tAkNi Budget to Actuals Expenditures Summary �I/V� �- FY 2005 Expense Reporting For the period 07.01.04 to 07.31.04 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 7600 Airport 560100 Airport Operations PERSONNEL 411000 Perm. Full Time 94630.00 7161.60 7161.60 87468.40 7.57 413000 Temporary Employees 2315.00 828.00 828.00 1487.00 35.77 414100 Overtime Wages 840 .00 840.00 414500 Longevity Pay 1450 .00 1450.00 421100 Health Insurance 14653 .00 14653 .00 421300 Life Insurance 319.00 318.01 318.01 .99 99.69 421400 Disability Insurance 664.00 53 .59 53.59 610.41 8.07 422100 Fica 7591.00 610.04 610.04 6980.96 8.04 423100 Ipers 5706.00 413 .23 413 .23 5292.77 7.24 424500 Monthly Cellular/PCS 325.00 25.00 25.00 300.00 7.69 Total PERSONNEL 128493.00 9409.47 9409.47 119083.53 7.32 SERVICES 431080 Recording Fees 115.00 115.00 431111 Engineering Services 2000.00 2000.00 433030 Long Distance Serv. 65.00 65.00 435051 Wireless Phone Serv. 100 .00 100.00 435057 Couriers 43 .00 43.00 435060 Legal Publications 375.00 375.00 436030 Transportation 600.00 600.00 436050 Registration 665.00 665.00 436060 Lodging 825.00 825.00 436080 Meals 250.00 250.00 437010 Comp. Liability Ins. 10919.00 7798.00 7798.00 3121.00 71.42 437020 Fire & Casualty Ins. 13356.00 13356.00 437030 Worker's Comp Ins. 215.00 215.00 437200 Loss Reserve Payment 5000.00 5000.00 438010 Stormwater Utility Charges 591.96 591.96 -591.96 438030 Electricity 17874.00 1996.31 1996.31 15877.69 11.17 438050 Landfill Use 246.00 246.00 438070 Heating Fuel/Gas 5551.00 50.50 50.50 5500.50 .91 438080 Sewer Utility Charge 860.00 116.58 116.58 743.42 13.56 ' r EXPE: 08.05 .04 11:49:04 Page: 2 Iowa City General Ledger System Budget to Actuals Expenditures Summary FY 2005 Expense Reporting For the period 07.01.04 to 07.31.04 YTD Period • Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 7600 Airport (CONTINUED) 560100 Airport Operations (CONTINUED) SERVICES (CONTINUED) 438090 Water Utility Charge 993.00 132.51 132.51 860.49 13.34 439030 Testing Services 1450.00 1450.00 441010 Vehicle Rep & Maint. 1156.00 1156.00 442010 Bldg. Rep. & Maint. 1448.00 69.00 69.00 1379.00 4.77 442020 Repair Of Structure 1467.00 20.00 20.00 1447.00 1.36 442030 Rep Of Heating Equip 765.00 765.00 442040 Rep Of Cooling Equip 544.00 544.00 442060 Rep Of Electric/Plbg 120.00 120.00 443050 Radio Equipment Rep. 26.00 26.00 443080 Other Repair & Maint 11225.00 11225.00 445060 Laundry Service 634.00 54.60 54.60 579.40 8.61 445070 Equipment Service 1093.00 1093.00 445090 Hauling 500.00 500.00 445140 Outside Printing 385.00 30.12 30.12 354.88 7.82 445190 Film Processing 11.00 11.00 445230 Technical Services 2668.00 2668.00 445240 Word Processing 50.00 50.00. 446100 City Attorney Chgbck 3874.00 3874.00 446130 ITS-PC/Peripheral Supplies 535.00 535.00 446160 ITS-Network/Internet Charge 360.00 360.00 446200 Photocopying Chgback 371.00 _ 371.00 446300 Phone Equipment/Line Change 1080.00 1080.00 446320 Mail Chargebacks 545.00 545.00 446330 UPS Chargebacks 20.00 20.00 446350 City Vehicle Repl. 9000.00 9000.00 449060 Dues & Memberships 361.00 361.00 449140 Tools & Equip. Rent. 1504.00 1504.00 Total SERVICES 101244.00 10859.58 10859.58 90384.42 10.73 SUPPLIES 452010 Office Supplies 139.00 139.00 452030 Minor Off Equip/Furn 25.00 I 25.00 • EXPE: 08 .05 .04 11:49:04 Page: 3 Iowa City General Ledger System Budget to Actuals Expenditures Summary ' FY 2005 Expense Reporting For the period 07.01.04 to 07.31.04 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 7600 Airport (CONTINUED) 560100 Airport Operations (CONTINUED) SUPPLIES (CONTINUED) 454040 Books, Mag. , Newspap 196.00 196.00 455100 Misc. Peripherals 29.00 29.00 461040 Ag Chemicals 480.00 480.00 462030 Sanit. & Ind. Supp. 437.00 437.00 465050 Other Fuels 2000.00 2000.00 465070 Other Lubricants 43 .00 43.00 465080 Fluids Gases & Other 11.00 11.00 466020 Lumber/hardware 325.00 325.00 466030 Paint & Supplies 56.00 56.00 466050 Electrical Supplies 210.00 210.00 466060 Bdlg. & Improv. Mat. 13 .00 1050.00 1050.00 -1037.00 8076.9 466070 Bldg. & Const. Supp. 110 .00 110.00 467020 Minor Equip. Rep Mat 86.00 86.00 467100 Auto & Light Truck 71.00 71.00 468010 Surfacing Materials 99.00 99.00 468020 Concrete 169.00 169.00 468030 Asphalt 76.00 76.00 468050 Sand 40.00 40.00 469040 Traffic Ctrl. Improv 1060.00 1060.00 469190 Tools & Minor Equip. 600.00 600.00 469320 Misc. Supplies 450.00 450.00 469370 Paper Supplies 54.00 54.00 Total SUPPLIES 6779.00 1050.00 1050.00 5729.00 15.49 CAPITAL OUTLAY/DEBT SERVICE 473010 Contracted Improv. 7000.00 7000.00 Total CAPITAL OUTLAY/DEBT SERVICE 7000.00 7000.00 OTHER FINANCIAL USES 490190 Interfund Transfers Out- Fu 85440.00 85440.00 Total OTHER FINANCIAL USES 85440.00 85440.00 EXPE: 08.05. 04 11:49:04 Page: 4 Iowa City General Ledger System Budget to Actuals Expenditures Summary FY 2005 Expense Reporting For the period 07.01.04 to 07.31.04 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 7600 Airport (CONTINUED) 560100 Airport Operations (CONTINUED) Total Airport Operations 328956.00 21319.05 21319.05 307636.95 6.48 Total Airport 328956.00 21319.05 21319.05 307636.95 6.48 *** GRAND TOTAL *** 328956.00 21319.05 21319.05 307636.95 6.48 REVE: 08.05.04 11:49:06 2../k1(41 (4 1 Page: 1 Iowa City General Ledger System Le 'C/i\ .� III "`��, Budget to Actuals Revenues Summary FY 2005 Revenue Reporting For the period 07.01.04 to 07.31.04 Estimated YTD Period Account Revenue Revenue Revenue Remainder 7600 Airport 560100 Airport Operations USE OF MONEY & PROP. 382100 Land Rental 45049.00 45049.00 382200 Building/Room Rental 172106.00 10792.50 10792.50 161313.50 6.27 384900 Other Commissions 18000.00 2904.10 2904.10 15095.90 16.13 Total USE OF MONEY & PROP. 235155.00 13696.60 13696.60 221458.40 5.82 OTHER FINANCING SOURCES 393120 General Levy 112000.00 112000.00 Total OTHER FINANCING SOURCES 112000.00 112000.00 Total Airport Operations 347155.00 13696.60 13696.60 333458.40 3.95 Total Airport 347155.00 13696.60 13696.60 333458.40 3.95 *** GRAND TOTAL *** 347155.00 13696.60 13696.60 333458.40 3.95 I � r � • r F .AUG 04 2094 16 We IS ■ IR City of A July 23, 2004 �4 o Mr. Harry R. Wolf NAI Iowa Realty Commercial 568 Highway 1 West Iowa City, IA 52246 In re: Aviation Commerce Park Dear Harry: Enclosed please find a copy of Resolution No. 04-202 and an executed copy of Amendment to Listing Agreement. Please let me know if you have any questions. Sincerely, Susan Dulek Assistant City Attorney Enc. Copy to: Ron O'Neil - w/enc. 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington Street,Iowa City, IA 52240(319)356-5030 RESOLUTION NO. 04-202 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. WHEREAS, it is a, goal of the Airport Commission to generate as much income as possible for the Iowa City Municipal Airport; and WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision, which will expire on July 22, 2004; and WHEREAS, at its meeting on July 15, 2004, the Iowa City Airport Commission recommended that the City Council extend the Listing Agreement for six (6) months; and WHEREAS, it is in the best interest of the City of Iowa City to approve an amendment to the Listing Agreement which will extend the term of by six months and which is in substantial compliance with the agreement that is attached, marked Exhibit 1, and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to an amendment of the Listing Agreement in a form that is in substantial compliance with L Exhibit 1. Passed and approved this 21st day of , 2004. / lids e:��� / MAYOR ATTEST: 9i >W. 4 vV CI CLERK Approved by City Attorney's Office , . 1� AMENDMENT TO LISTING AGREEMENT WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision, which will expire on July 22, 2004; and WHEREAS, at its meeting on July 15, 2004, the Iowa City Airport Commission recommended that the City Council extend said agreement for six (6) months; and WHEREAS, NAI Iowa Realty Commercial acknowledges that Harry Wolf will be itslead broker should the Listing Agreement be extended; and WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties; and WHEREAS, the parties wish to amend the Listing Agreement by extending the term for an additional six (6) months. IT IS THEREFORE AGREED that Paragraph 5 of the Listing Agreement is deleted in its entirety and the following new Paragraph 5 is substituted in lieu thereof: 5. TERM. The term of this Agreement and Agent's employment, right and authority - shall expire on January 22, 2005. All other terms of the Listing Agreement shall remain in full force and effect. NAI IOWA REALTY COMMERCIAL tWokANdie ii - " were.crne Date T E IOWA CITY AIRPORT COMMISSION }(1/4)-4 -1/1 #y Randy H ig, Chairp on Date . . . • THE CITY OF IOWA CITY WITNESS: • 24.7 �tu� 9C �V!/ lir� Marin K. Karr, City Clerk est Lehman, Mayor CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ell day of Jam,{ , 2004, before me, the undersigned, a notary public in and for the State of jbwa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of 'said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Send,uct re-et Notary Public in and for the State of Iowa Approv ZiaL a ,gym SOionNu FORT Commission Number 159791 M City Attorney's Office , Commission Expires a 12 a'O IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone(319) 356-5045 7.7 January 28, 2004 Mr. Ed Hyatt Federal Aviation Administration Airports Division, ACE 621C 901 Locust Kansas City, Missouri 64106-2325 Dear Mr. Hyatt: Attached is the contract with Earth Tech for the first phase of the Runway 07/25 project for the Iowa City Municipal Airport. This will be a three-phase project for the Airport. The Scope of Services includes Phase I and parts of Phase II. Please review the contract for form and if you agree the fees are reasonable. I met with Earth Tech after I received the independent cost estimate and they revised their project scope and reduced their fees. Costs concerning the disposition of the United hangar were difficult to estimate. The next Iowa City Airport Commission meeting is February 12, 2004. Approval of the contract is on the agenda: The contract will be subject to FAA approval and dependent on an AIP grant. Because much of this first part of the project is planning, I would like to be able to give Earth Tech a Notice to Proceed as soon as the contract is signed. I would appreciate a response from you before the February 12 meeting. Please contact me if you require additional information. I can be contacted at (319) 356- 5045 or e-mail at ron-oneil aniowa-citv.orq I look forward to working with you on this project. Sincerely, Ronald J. O'Neil Airport Manager Cc: Iowa City Airport Commission �' 1 t 500 S.W. 7th Street, Suite 301, Des Moines, Iowa 50309 January 26, 2004 Mr.Ronald J. O'Neil Airport Manager Iowa City Municipal Airport 1801 South Riverside Drive Iowa City,Iowa 52246 Subject: Extension of Runway 7-25,Phase I Iowa City Municipal Airport Dear Mr. O'Neil: Telephone Transmitted herewith are two (2) copies of the revised Professional Services Agreement 5 1 5.244.1470 for the Extension of Runway 7-25 -Phase I at the Iowa City Municipal Airport. Facsimile We have revised the project scope for the Historic Documentation of the "United Hangar" to match the requirements outlined in the Draft Environmental Assessment, the Draft 4(f) 515.244.4803 Statement, and the Draft Memorandum of Agreement (MOA). As a result, we have reduced the estimated cost for this element of the project. If the Environmental Assessment, 4(f) Statement, or the Memorandum of Agreement changes, we will request adjustment to the scope and cost accordingly. We have reviewed the final design tasks for Willow Creek Relocation and have made some reductions in hours. In addition to these reductions, we offer the following as justification for the hours that we have estimated for this work. 1. The design for Willow Creek relocation is based on a multi-way concrete box culvert crossing the runway safety area. The estimated hours for the culvert details is necessary to adapt standard Iowa Department of Transportation box culvert sections to the specific site conditions. These modifications include reinforcing changes due to length, depth of cover, loading conditions, soil conditions which may require additional support and detailing at joints, and special inlet and outlet sections that will direct the stream flow. 2. The relocation will involve rerouting of Willow Creek flow and will require the development of plan, profile, and details for the new alignment from the outlet at Iowa Highway 1 to the connection on the south side of the runway as well as determination of drainage routing from the west and south side of the runway extension. Because the project will disturb more than an acre of area, an erosion control plan and permit will be required. EARTH ` ) T E C H A tgca INTERNATIONAL LTD.COMPANY Mr. Ronald J. O'Neil January 26, 2004 Page 2 3. The installation of a multi-way box culvert will most likely result in an increase • in the base flood elevation just upstream of the culvert. This will require extensive hydraulic modeling for application of a Conditional Letter of Map Revision (CLOMR) to FEMA. In addition, permits will be required for the Corps of Engineers and the Iowa DNR. To obtain a Letter of Map Revision (LDMR) from FEMA, we will have to provide hydraulic modeling of the "as constructed" facility and provide revised flood plain maps for FEMA. Based on the above, we are reluctant to reduce the final design hours further as it will impact the level of service and the quality of the project that we anticipate providing and that you,the FAA,and the Airport Commission are expecting. If you have additional questions or comments, please contact our office at your convenience. Very truly yours, Earth Tech,Inc. Steven J. Eaton,P.E. Enclosures: As Noted L:\work\ADMIN\TRNSCR\LETTERS\ONeil.doc E A R T H `) T E C H A two INTERNATIONAL LTO.COMPANY 1 t a y 500 S.W. 7th Street, Suite 301, Des Moines, Iowa 50309 PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Extension of Runway 7-25 FAA AIP Project No. 3-19-0047-10 ("Project") This Agreement is by and between Iowa City Airport Commission ("Client") 1801 S. Riverside Drive Iowa City, Iowa 52246 and, •• Earth Tech, Inc. 500 SW 7th Street Telephone Suite 301 Des Moines,Iowa 50309 515.244. 1470 Who agree as follows: Facsimile 515.244.4803 Client hereby engages Earth Tech to perform the Services described in Part I and Earth Tech agrees to perform the Services for the compensation set forth in Part III. Earth Tech shall be authorized to commence the Services upon execution of this Agreement and Notice to Proceed by the Client. Client and Earth Tech agree that this signature page, together with Parts I-VIII and attachments referred to therein, constitute the entire agreement between them relating to the Project("Agreement"). APPROVED FOR CLIENT APPROVED FOR EARTH TECH IOWA CITY AIRPORT COMMISSION By: By: Joe A. Becker Title: Title: Vice President Date: Date: January 26, 2004 EAR T H v` ) T E C H Attica INTERNA�TIONAAL LTD.COMPANY t 'r, PART I EARTH TECH'S RESPONSIBILITIES A. Project Description The project is described as the Extension of Runway 7-25 at the Iowa City Municipal Airport,Iowa City,Iowa. The project involves an 800-foot extension to the southwest and includes development of a Pavement Management Plan for the airfield,update the DBE Program for the Airport,Willow Creek relocation,relocation of a section of Dane Road,grading,paving and lighting of the Runway 7-25 and associated parallel taxiway extension, historic documentation and removal of the"United Hangar" located at the east end of Runway 7-25,grading and obstruction removals in the approach to the 7 end of Runway 7-25 and airfield pavement rehabilitation. This project will be phased over a period of three(3)years to fit the anticipated funding schedule provided by FAA. The proposed phasing is as shown below. The elements are included in this scope of services and represent Phase I of Runway 7-25 Extension. • Pavement Management Plan • Update the DBE Program • Historic Documentation of the"United Hangar" • Design of Willow Creek Relocation • Preliminary Design of Dane Road Relocation and Runway 7-25 Extension The following elements represent Phase II of the Runway 7-25 Extension and will be provided by supplemental agreement to this contract. • Construction Services for Willow Creek Relocation • Bid Documents and Construction Services for Demolition of"United Hangar" • Final Design and Construction Services for Dane Road Relocation • Final Design and Construction Services for Grading of Runway 7-25 Extension The following elements represent Phase III of the Runway 7-25 Extension and will be provided by supplemental agreement to this contract. • Final Design and Construction Services for paving and lighting of Runway 7-25 extension • Final Design and Construction Services for rehabilitation of existing Runway 7-25 • Identification and removal plans for remaining obstructions to Runway 7-25 Extension. B. General Project Scope-Phase I The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to prepare special studies,preliminary design, develop final plans, specifications, and construction cost estimates,provide construction phase services and other special services. Work in Phase I shall be divided into the following tasks: -2- C. Pavement Management Plan for Airfield For compliance with the Airport Improvement Program,all pavements constructed,reconstructed,or repaired with federal financial assistance shall be identified and a Pavement Management Plan prepared. This Pavement Management Plan includes the following tasks. 1. Pavement Inventory. The location of all runways, taxiways, and apron areas will be depicted on a layout of the Iowa City Airport. The type of pavement, the dimensions of the pavement section, and the year of construction with the most recent major rehabilitation identified will be provided for each pavement area. This information will be compiled from the existing Pavement Condition Index (PCI) report, interviews of the airport staff and historical records. 2. Visual Pavement Inspection. A visual inspection will be performed on each of the pavement areas identified in the inventory. An inspection report form will be prepared that can be used annually. An inspection report form will be prepared for each of the pavement areas identified in the inventory with representative photos for each area. The visual inspection will be coordinated with the most recent PCI survey completed by the Iowa Department of Transportation. 3. Develop Maintenance Program. Based on the findings reported in the PCI survey and the visual inspection program, a maintenance program will be developed for the Airport. This will include determination of priority areas,recommendations for maintenance by pavement area and estimated annual costs for recommendations. 4.- Prepare Pavement Management Plan Report. Compile the data gathered by each of the above elements and prepare a report for Airport and FAA review and acceptance. This report can then be used as a guide for an annual maintenance program and for annual updates to this plan. D. Update of DBE Program This task consists of the development of an update to the DBE Program for Runway 7-25 Extension for the Iowa City Municipal Airport in accordance with the requirements of 49 CFR Part 26 of the Department of Transportation Official Regulation regarding the Disadvantaged Business Enterprise (DBE)Program. E. Historic Documentation of"United Hangar" The"United Hangar"has been identified as a National Register-eligible historic structure. The Draft Environmental Assessment and Section 4(f) Statement for Runway Extension & Airport Improvements at the Iowa City Municipal Airport dated November 2003 states that the proposed action would result in the demolition or removal of the"United Hangar"from its original location. A draft Memorandum of Agreement(MOA)is included in this report and states that the hangar is to be -3- recorded in accordance with the applicable standards of the Historic American Building Survey/Historic American Engineering Record (HABS/HAER) guidelines for the recovery and preservation of important elements of this historic building. In addition,the Draft MOA recommends a public history booklet be prepared that tells the story of the development of the Iowa City Municipal Airport.This element of the project consists of preparation,the documentation,and the coordination required for general compliance with this Draft MOA and Section 106 clearance under the National Historic Preservation Act. Following completion of this task, preparation of bid documents for its demolition would be prepared based on a supplemental agreement to this contract as part of Phase II. Our subconsultant,Tallgrass Historians LC,will provide part of this element. Historic documentation for the"United Hangar"includes the following tasks: 1. Historic Documentation. Based on the Draft 4(f) Statement and Draft MOA, the most prudent option for this hangar will be documentation prior to demolition or removal. The historic documentation will be completed in accordance with the appropriate guidelines developed by the Iowa State Historic Preservation Office (SHPO) for an Iowa Historic Property Study. This study will include a narrative history of the hangar, perspective- correction photography with archival processing, and the reproduction of relevant original plans or measured drawings of the building if no such plans exist. Tallgrass Historians will perform this task. 2. Public Historic Booklet. Based on the Draft 4(f) Statement and the Draft MOA, this task will consist of the preparation of a public historic booklet that tells the story of the Iowa City Municipal Airport. The booklet will document,as available,the early aviation achievements that took place at Iowa City and the change in the airport over time. The booklet will be illustrated with historic photographs,maps,and text that describe the history of the Iowa City Municipal Airport, one of the oldest airports in continuous operation in the State of Iowa. This task includes printing 2,000 copies of this booklet. Tallgrass Historians will perform this task. 3. Coordination and Administration. Throughout the historic recordation process(Section 106 of the Historic Preservation Act) and the preparation of the historic booklet, communications will be maintained with FAA, SHPO, Commission, and subconsultants. When necessary,progress meetings with the Commission or FAA or SHPO will be scheduled to review progress or discuss specific elements of the project. Preparation and distribution of minutes of meetings and documentation of other communications is included in this task. F. Willow Creek Relocation This element of the project involves the design and permitting of the relocation of Willow Creek from the south side of Iowa Highway No. 1 to the south side of the runway safety area for Runway 7-25. The current Master Plan indicates that Willow Creek can be relocated around the end of the runway safety area of the runway extension. The Environmental Assessment proposes alteration of Willow Creek by rerouting or placing a culvert under the safety area of the runway extension. During preliminary engineering,these alternatives of alteration of Willow Creek will be further evaluated and -4- , , I a recommendation will be made. The following detailed tasks items are based on placing a culvert for Willow Creek under the safety area of Runway 7-25. The following tasks are necessary for the completion of this element: 1. Preliminary Design Phase. a. Design Conference - This task consists of a pre-design conference called by the Iowa City Airport Commission (hereinafter referred to as Commission) and held between the Commission, the Consultant, the FAA and any other participating or regulatory governmental agency. The purpose of this conference is to define project requirements, finances, schedules,phasing and other pertinent data that affects the scope of work, design standards, presentation of preliminary and final plans and documents. The requirements set forth in this design conference will be confirmed in writing by the Consultant to the Commission,with copies to each participating unit of government. b. Data Collection and Review—This task consists of the collection of existing data applicable to this project and related to the proposed work site. The Airport Master Plan,Environmental Assessment Document,record drawings of completed projects, existing hydraulic or hydrologic studies, previous soil borings and soil data, and utility information will be compiled as background information for the project. As part of this task, a field survey will be performed to collect topographic,horizontal and vertical data to assist in the preparation of the plans for the project. Property surveys are not included in this task. c. Subsurface Information -This task consists of the review of previous subsurface information and the investigation, testing, and analysis of the materials below the surface in order to determine condition and acceptability for design and construction of the proposed improvements. d. Base Mapping-This task consists of the preparation of a topographic map including features, elevations, utilities and contours of the project site. This map will be prepared from the field survey and record documents of completed projects. e. Hydraulic Design - This task consists of the hydrologic and hydraulic analysis necessary to define the size of the channel or culvert required to carry the design storm flow and meet the requirements of the Flood Insurance Study for Willow Creek. These analyses will be coordinated with the existing studies on Willow Creek and with the design on Mormon Trek Boulevard that Earth Tech is doing. f. Archaeological Resource Survey-This task consists of a Phase I Archaeological survey for the area associated with the relocation of Willow Creek. This task will be provided by our subconsultant,Tallgrass Historians LC. -5- g. Preliminary Design-This task consists of the conceptual design and preparation of preliminary drawings for the development of this project. The preliminary drawing set will consist of the following: (1) Title Sheet (2) General Project Layout (3) Existing Topographic Plans (4) Conceptual Layout Plans (5) Typical Sections h. Construction Phasing and Safety Plan—This task consists of development of a construction phasing plan and a construction safety plan. Construction Cost Estimate—This task consists of the preparation of a preliminary construction cost estimate for the project and updating of the Airport Capital Improvement Program. The construction cost estimate represents the Consultant's best judgment as a design professional at the time the estimate is drawn. j. Preliminary Design Report—This task consists of the preparation of a preliminary design report that relates to the Commission and the participating governmental agencies,the fundamental considerations and concepts used in the preliminary design of the project. It will include the preliminary design drawings. k. Conferences and Meetings - This task consists of conferences and meetings in addition to the users conference that will be attended by the Consultant for the . purpose of coordination, information exchange and general understanding of the status and direction of the project. The conferences and meetings consist of the following: (1) Progress meetings to be called by the Commission or Consultant,to be held at the office of the Commission and attended by the Consultant for the purpose of apprising the Commission of progress and to resolve any problems, answer questions and provide general coordination. (2) At the completion of the preliminary design, the Consultant will furnish copies of the preliminary design report to the Commission or participating governmental agencies for review. After a reasonable time for review by the Commission and participating governmental agencies, a meeting called by the Commission will be held to review the submitted documents with the Commission and participating governmental agencies at the office of the Commission. -6- (3) Additional coordination meetings as required and attended by the Project Manager. Project Administration - This task consists of office administration and coordination of the project. Interoffice meetings,general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. 2. Design Phase. a. Initialization of Final Design - This task consists of incorporating preliminary design comments and responding as necessary to requests for additional information. b. Final Design—This task consists of the preparation of the final bid documents for this project, including specifications, drawings and cost estimates. The final plans will set forth in detail the requirements of the conceptual design phase,together with the common practice of design and ethical practice of professional engineers. Plans will be prepared in compliance with current Central Region Federal Aviation Administration requirements in effect at the time the plans are prepared. This task includes the preparation of the following: (1) Title Sheet (2) Legend and General Notes (3) Schedule of Drawings (4) Schedule of Quantities (5) General Project Layout (6) Boring Locations and Logs (7) Safety and Sequencing Plans (8) Existing Conditions and Removal Plans (9) Typical Sections (10) Plans and Profiles (11) Grading Plans (12) Erosion Control Plans (13) Cross Sections c. Final Project Specifications-This task consists of the preparation of specifications for the project. The specifications will be in compliance with current Central Region Federal Aviation Administration requirements in effect at the time the specifications are prepared. d. Estimate of Probable Construction Cost—This task consists of the preparation of a detailed estimate of construction costs based upon the detailed plans and specifications. This statement of probable construction cost prepared by the -7- Consultant represents the Consultant's best judgment as a design professional at the time the estimate is drawn. It is recognized,however,that neither the Consultant nor the Commission has any control over the cost of labor,materials or equipment;over the contractor's method of determining bid prices; or over competitive bidding or market conditions. Accordingly,the Consultant cannot and does not guarantee that bids will not vary from any statement of Probable Construction Cost or other cost estimates prepared by the Consultant. e. Engineering Report—This task consists of the preparation of an engineering report that relates to the Commission and participating governmental agencies, the fundamental considerations and concepts used in design of the project.Deviation in design and construction standards will be included in the engineering report. f. Permits-This task consists of the preparation ofpennit applications and providing assistance to the Iowa City Airport Commission in filing permit applications for the Corps of Engineers(COE),the Iowa Department on Natural Resources(DNR),and the Federal Emergency Management Agency(FEMA). The permit fee costs are not included in this agreement. g. Grant Application—This task consists of assisting the Commission in preparation of grant application for Phase I of Runway 7-25 Extension. h. Quality Review-This task consists of the quality review of work elements on the project. During the course of this project, quality reviews will be conducted by senior technical personnel that are not directly involved in the project. Conferences and Meetings - This task consists of conferences and meetings in addition to the users conference that will be attended by the Consultant for the purpose of coordination, information exchange and general understanding of the status and direction of the project. The conferences and meetings consist of the following: (1) Progress meetings to be called by the Commission or Consultant,to be held at the office of the Commission and attended by the Consultant for the purpose of apprising the Commission of progress and to resolve any problems, answer questions and provide general coordination. (2) At approximately the 60 percent design completion and at the 95 percent design completion, the Consultant will furnish copies of the plans, specifications and cost estimate to, the Commission or participating governmental agencies for review. After a reasonable time for review by the Commission and participating governmental agencies,a meeting called by the Commission will be held to review the submitted documents with the Commission and participating governmental agencies at the project site. -8- (3) Additional coordination meetings as required and attended by the Project Manager. j. Project Administration - This task consists of office administration and coordination of the project. Interoffice meetings,general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task.Prepare up to 40 sets of contract documents for distribution to Commission,FAA,plan rooms, suppliers and potential bidders. k. Bid Assistance—This task consists of assisting the Commission in advertising for and receiving bids, analyzing the bids received and preparing a recommendation to the Commission for award of contract. I. Pre-Bid Conference—This task consists of attending and conducting a "Pre-Bid Conference"at the Project site for prospective bidders. m. Bid Document Interpretation — This task consists of answering bid document interpretation questions from bidders,preparing and issuing any required addenda. G. Relocation of Dane Road and Runway 7-25 Extension This element of the project involves the planning and preliminary design for the relocation Dane Road and for the Extension of Runway 7-25. This phase of the project will provide preliminary project layout and design for each of these elements. Preliminary construction cost estimates will be provided to the Airport Commission and the FAA based on better and more accurate information as a result of this element of the project. This element will be the basis for the final design of the Runway 7-25 Extension and identify the limits and extent of the relocation of Dane Road. The following tasks are included in this element. 1. Preliminary Design Phase. a. Data Collection and Review—This task consists of the collection of existing data applicable to this project and related to the proposed work site. The Airport Master Plan,Environmental Assessment Document,record drawings of completed projects, existing hydraulic or hydrologic studies, previous soil borings and soil data, and utility information will be compiled as background information for the project. As part of this task a field survey will be performed to collect topographic, horizontal and vertical data to assist in the preparation of the plans for the project. Property surveys are not included in this task. b. Base Mapping-This task consists of the preparation of a topographic map including features, elevations, utilities, and contours of the project site. This map will be -9- prepared from the field survey and record documents (As Built) of completed projects. c. Pavement Design-This task consists of the preparation of the final pavement design forms for the project. The final pavement design forms will be based on the pavement design from the conceptual design report. d. Preliminary Design-This task consists of the conceptual design and preparation of preliminary drawings for the development of this project. The preliminary drawing set will consist of the following: (1) Title Sheet (2) General Project Layout (3) Existing Topographic Plans (4) Conceptual Layout Plans (5) Typical Sections e. Construction Phasing and Safety Plan—This task consists of development of a construction phasing plan and a construction safety plan. f. Construction Cost Estimate—This task consists of the preparation of a preliminary construction cost estimate for the project and updating of the Airport Capital Improvement Program. The construction cost estimate represents the Consultant's best judgment as a design professional at the time the estimate is drawn. g. Preliminary Design Report—This task consists of the preparation of a preliminary design report that relates to the Commission and the participating governmental agencies,the fundamental considerations and concepts used in the preliminary design of the project. It will include the preliminary design drawings. h. Conferences and Meetings - This task consists of conferences and meetings in addition to the users conference that will be attended by the Consultant for the purpose of coordination, information exchange and general understanding of the status and direction of the project. The conferences and meetings consist of the following: (1) Progress meetings to be called by the Commission or Consultant,to be held at the office of the Commission and attended by the Consultant for the purpose of apprising the Commission of progress and to resolve any problems, answer questions and provide general coordination. (2) At the completion of the preliminary design, the Consultant will furnish copies of the preliminary design report to the Commission or participating governmental agencies for review. After a reasonable time for review by the -10- Commission and participating governmental agencies, a meeting called by the Commission will be held to review the submitted documents with the Commission and participating governmental agencies at the office of the Commission. (3) Additional coordination meetings as required and attended by the Project Manager. i. Project Administration - This task consists of office administration and coordination of the project. Interoffice meetings,general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. PART II CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the Services. A. INFORMATION/REPORTS Furnish Earth Tech available information needed for the Project, all of which Earth Tech may rely upon without independent verification in performing the Services. B. REPRESENTATIVE Ron ONeil, Airport Manager, is a designated representative for the Project who shall have the authority to transmit instructions,receive information,interpret and define Client's policies and make decisions with respect to the Services. C. DECISIONS Provide all criteria and full information as to Client requirements for the Project, obtain(with Earth Tech's assistance,if applicable)necessary approvals,attend Project-related meetings,provide interim reviews on an agreed-upon schedule,make decisions on Project alternatives,and generally participate in the Project to the extent necessary to allow Earth Tech to perform the Services. -11- PART III COMPENSATION,BILLING,AND PAYMENT Client shall pay Earth Tech for the Services in accordance with the following: A. Compensation for the Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. The compensation for the services shall be a not-to-exceed amount of Two Hundred Five Thousand Five Hundred Dollars($205,500.00) without authorization of the Client. Proposed budget is provided in Parts VII and VIII. B. The nature of engineering services is such that actual costs are not completely determinate. Therefore, it is possible Earth Tech's actual costs may exceed those shown in Paragraph IIII.A and Part VIII. A contingency amount of Twenty Thousand Five Hundred Dollars($20,500.00)has been established to provide for actual costs,which exceed those estimated. If,at any time during the work,Earth Tech determines its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Client in writing and describe what costs are causing the overrun and the reason. Earth Tech shall not exceed the estimated actual costs without the prior written approval of the Client. C. Earth Tech may bill the Client monthly for services completed at the time of billing,with net payment due in 20 days. Past-due balances shall be subject to a service charge at the rate of 1%per month per request by Earth Tech. Unless Client provides Earth Tech with a written statement of any objection to the bill within 15 days of receipt, Client shall be deemed to accept the bill as submitted. D. Earth Tech's total liability to the Client defined in Article 12 of Part IV shall not exceed Five Hundred Thousand Dollars($500,000.00)at no additional cost to the Client. -12- PART IV STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional services are not subject to, and Earth Tech can not provide, any warranty or guarantee,express or implied,including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase ordeis,requisitions or notices to proceed issued by Client are specifically objected to. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, information supplied by Client. For some projects involving conceptual or process development services,said scope may not be fully defmable during initial phases. As the Project progresses, facts discovered may indicate that said scope must be redefined. 3. SAFETY. Earth Tech has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, Earth Tech specifically disclaims any authority or responsibility for general job site safety and safety of persons other than Earth Tech employees. 4. DELAYS. If events beyond the control of Client or Earth Tech, including,but not limited to,fire, flood, explosion,riot, strike, war,process shutdown, act of God or the public enemy, and act or regulation of any government agency, result in delay to any schedule established in this Agreement, such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 60 days,Earth Tech shall be entitled to an equitable adjustment in compensation. 5. TERMINATION/SUSPENSION. For termination, see Paragraph B of Part V. In the event either party defaults in its obligations under this Agreement(including Client's obligation to make the payments required hereunder),the non-defaulting party may,after 7 days written notice stating its intention to suspend performance under the Agreement if cure of such default is not commenced and diligently continued and failure of the defaulting party to commence cure within such time limit and diligently continue, suspend performance under this Agreement. 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs prepared by Earth Tech is supplied for the general guidance of the Client only. Since Earth Tech has no control over competitive bidding or market conditions,Earth Tech cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to Client. 7. RELATIONSHIP WITH CONTRACTORS. Earth Tech shall serve as Client's professional representative for the Services, and may make recommendations to Client concerning actions relating to Client's contractors, but Earth Tech specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences or procedures of construction selected by Client's contractors. 8. CONSTRUCTION REVIEW. For projects involving construction, Client acknowledges that under generally accepted professional practice, interpretations of construction documents in the field are normally required, and that performance of construction-related services by the design professional for the project permits errors or omissions to be identified and corrected at comparatively low cost. Client agrees to hold Earth Tech harmless from any claims resulting from performance of construction-related services by persons other than Earth Tech. 9. INSURANCE. Earth Tech will maintain insurance coverage for Professional, Comprehensive General, Automobile,Worker's Compensation,and Employer's Liability in amounts in accordance with legal,and Earth Tech's business requirements. Certificates evidencing such coverage will be provided to Client upon request. For projects involving construction,Client agrees to require its construction contractor,if any,to include Earth Tech as an additional insured on its policies relating to the Project. Earth Tech's coverages referenced above shall, in such case,be excess over contractor's primary coverage. 10. HAZARDOUS MATERIAL. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. Earth Tech and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. Earth Tech agrees to notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous• materials be encountered. Client acknowledges and agrees that it retains title to all hazardous material existing on the site and shall report to the appropriate federal,state or local public agencies,as required,any conditions at the site that may present a potential danger to the public health, safety or the environment. Client shall execute any manifests or forms in connection with transportation,storage and disposal of hazardous materials resulting from the site or work on the site or shall authorize Earth Tech to execute such documents as Client's agent. Client waives any claim against Earth Tech and agrees to defend, indemnify, and save Earth Tech harmless from any claim or liability for injury or loss arising from Earth Tech's discovery of unanticipated hazardous materials or suspected hazardous materials. 11. INDEMNITIES. To the fullest extent permitted by law,Earth Tech shall indemnify and save harmless Client from and against loss, liability, and damages sustained by Client, its agents, employees, and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the willful misconduct or failure to adhere to the standard of care described in Paragraph 1 above of Earth Tech, its agents or employees. To the fullest extent permitted by law and consistent with Paragraph 1, Client shall defend, indemnify, and save harmless Earth Tech from and against loss, liability, and damages sustained by Earth Tech, its agents, employees, and representatives by reason of claims for injury or death to persons, damages to tangible property, to the extent caused directly by any of the following: (a) any substance, condition, element, or material or any combination of the foregoing produced,emitted or released from the Project or tested by Earth Tech under this Agreement, or(b) operation or management of the Project. Client also agrees to require its construction contractor,if any,to include Earth Tech as an indemnity under any indemnification obligation to Client. 12. LIMITATIONS OF LIABILITY. No employee or agent of Earth Tech shall have individual liability to Client. Client agrees that, to the fullest extent permitted by law, Earth Tech's total liability to Client for any and all injuries,claims,losses,expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including,but not limited to,Earth Tech's negligence,errors,omissions,strict liability,or breach of contract and whether claimed directly or by way of contribution shall not exceed the total compensation received by Earth Tech under this Agreement. If Client desires a limit of liability greater than that provided above,Client and Earth Tech shall include in Part III of this Agreement the amount of such limit and the additional compensation to be paid to Earth Tech for assumption of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL EARTH TECH BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. 13. ACCESS. Client shall provide Earth Tech safe access to any premises necessary for Earth Tech to provide the Services. 14. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables,including electronic media,pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without written verification or adaptation by Earth Tech for the specific purpose intended,shall be at the Client's risk. Further, all title blocks and the engineer's seal,if applicable,shall be removed if and when Client provides deliverables in electronic media to another entity. Client agrees that relevant analyses, findings and reports provided in electronic media shall also be provided in "hard copy" and that the hard copy shall govern in the case of a discrepancy between the two versions,and shall be held as the official set of drawings, as signed and sealed. Client shall be afforded a period of 30 days in which to check the hard copy against the electronic media. In the event that any error or inconsistency is found as a result of this process,Earth Tech shall be advised and the inconsistency shall be corrected at no additional cost to Client. Following the expiration of this 30-day period, Client shall bear all responsibility for the care,custody and control of the electronic media. In addition,Client represents that it shall retain the necessary mechanisms to read the electronic media, which Client acknowledges to be of only limited duration. Client agrees to defend, indemnify, and hold harmless Earth Tech from all claims,damages,and expenses,(including reasonable litigation costs),arising out of such reuse or alteration by Client or others acting through Client. 15. AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 16. ASSIGNMENT. See Paragraph C of Part V. 17. STATUTES OF LIMITATION. To the fullest extent permitted by law,parties agree that, except for claims for indemnification,the time period for bringing claims under this Agreement shall expire one year after Project completion. 18. DISPUTE RESOLUTION. Parties shall attempt to settle disputes arising under this agreement by discussion between the parties senior representatives of management. If any dispute can not be resolved in this manner, within a reasonable length of time,parties agree to attempt non-binding mediation or any other non- binding method of alternative dispute resolution prior to filing any legal proceedings. In the event any actions are brought to enforce this Agreement,the prevailing party shall be entitled to collect its litigation costs from the other party. 19. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default,whether like or different in character. 20. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement,nor the performance of the parties hereunder,is intended to benefit,nor shall inure to the benefit of,any third party,including Client's contractors, if any. 21. SEVERABILITY. See Paragraph K of Part V. 22. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as,or on behalf of, the party for whom they are signing. PART V General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age,marital status, sexual orientation or gender identity. 2. To discriminate against any individual in terms, conditions or privileges of employment because of their race,color,religion,sex,national origin,disability,age,marital status,sexual orientation or gender identity. B. Should the City terminate the Agreement, the Consultant shall be paid on the basis of work and services performed up to the time of termination. However, such sums shall not be greater than the "not to exceed" amount listed in Part III. The Client may terminate this Agreement upon seven(7) calendar days written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto,provided that no assignment shall be made without the written consent of all parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the Client for the purpose of the Project shall be as an independent contractor and not as an employee; shall be exclusive with the Consultant executing this Agreement; and the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the Client that all records and files pertaining to information needed by Consultant for the Project shall be made available by said Client upon reasonable request from the Consultant. The Client agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state,federal or local law or any of the ordinances of the City of Iowa City, Iowa. G. Steve Eaton or David Hughes, employees of the Consultant,shall attend such meetings of the Client relative to the work set forth in this Agreement,at the request of the Client. Any requests made by the Client shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish,upon termination of this Agreement and upon demand by the Client, copies of all basic notes and sketches,charts,computations and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event,the Consultant shall not be liable for Client's use of such documents on other projects. • I I. The Consultant agrees to furnish all reports,specifications and drawings with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The Client agrees to tender the Consultant all fees in a timely manner,excepting however,that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the Client to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid,it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contact drawings shall become the property of the Client. If applicable,the Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the Client. N. Upon signing this agreement,Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a Client officer or employee from having an interest in a contract with the Client,and certifies that no employee or officer of the Client,which includes members of the City Council and City boards and commissions,has an interest,either direct or indirect,in this agreement,that does not fall within the exceptions to said statutory provision enumerated in Section 362.5 , PART VI GENERAL TERMS A. CIVIL RIGHTS ACT OF 1964,TITLE VI During the performance of this Agreement, Consultant, for itself, its assignees and successors in interest(hereinafter referred to as the "Contractor" and/or"Earth Tech") agree as follows: 1. Compliance With Regulations The Contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation(hereinafter"DOT"),Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The Contractor • shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of Title 49 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books,records,accounts,other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (F.A.A.) to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to famish this information,the Contractor shall so certify to the Sponsor or the F.A.A.,as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the Sponsor shall impose such Agreement sanctions as it or the F.A.A. may determine to be appropriate, including,but not limited to: (a) withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the F.A.A.may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,however,that in the event a Contractor becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction,the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor; and in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. B. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982 Consultant assures that it will comply with pertinent statutes. Executive orders and such rules as are promulgated to assure that no person shall,on the grounds of race, creed,color,national origin,sex, age or handicap, be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates Consultant or its transferee for the period during which Federal assistance is extended to the airport program,except where Federal assistance is to provide,or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the provision obligates the party or any transferee for the longer of the following periods: (a)the period during which the property is used by the airport Sponsor or any transferee for a purpose for which Federal assistance is extended,or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport Sponsor or any transferee retains ownership or possession of the property. C. INSPECTION OF RECORDS Consultant shall maintain an acceptable cost accounting system. The Sponsor, the F.A.A., and the Comptroller General of the United States shall have access to any books, documents, paper and records of Consultant which are directly pertinent to the specific Agreement for the purposes of making an audit, examination, excerpts and transcriptions. Consultant shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. , D. TERMINATION OF AGREEMENT 1. The Client may,by written notice,terminate this Agreement in whole or in part at any time, either for the Client's convenience or because of failure to fulfill the Agreement obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Agreement,whether completed or in progress, delivered to the Client. 2. If the termination is for the convenience of the Client, an equitable adjustment in the Agreement price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 3. If the termination is due to failure to fulfill Consultant's obligations,the Client may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, Consultant shall be liable to the Client for any additional cost occasioned to the Client thereby. 4. If,after notice of termination for failure to fulfill Agreement obligations,it is determined that Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the Client. In such event,adjustment in the Agreement price shall be made as provided in paragraph 2 of this clause. 5. The rights and remedies of the Client provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. E. BREACH OF AGREEMENT TERMS SANCTIONS Any violation or breach of the terms of this Agreement on the part of Consultant or subcontractor may result in the suspension or termination of this Agreement or such other action which maybe necessary to enforce the rights of the parties of this Agreement. F. RIGHTS TO INVENTIONS • All rights to inventions and materials generated under this Agreement are subject to regulations issued by the F.A.A. and the Sponsor of the Federal grant under which this Agreement is executed. Information regarding these rights is available from the F.A.A. and the Sponsor. G. DBE REQUIRED STATEMENTS 1. Consultant Responsibilities The Consultant shall agree to the below stated Department of Transportation policy and disadvantaged business enterprises obligation and further agrees to insert the following clauses in any subcontract. 2. Agreement Assurance The Consultant or subcontractor shall not discriminate on the basis of race, color,national origin,or sex in the performance of this agreement. The Consultant shall carry out applicable requirements of49 CFR Part 26 in the award and administration of DOT-assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this agreement,which may result in the termination of this agreement or such other remedy,as the recipient deems appropriate. 3. Prompt Payment The Consultant agrees to pay each subcontractor under this agreement for satisfactory performance of its agreement no later than 20 days from the receipt of each payment the Consultant receives from the Client. The Consultant agrees further to return retainage payments to each subcontractor within 20 days after the subcontractor's work is satisfactorily completed and receipt of retainage payment from the Client.. My delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Client. This clause applies to both DBE and non-DBE subcontractors. H. RESTRICTIONS ON FEDERAL PUBLIC WORKS PROJECTS Consultant or subcontractor,by submission of an offer and/or execution of an Agreement, certifies that it: 1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative(USTR); 2. has not knowingly entered into any Agreement or subcontract for this project with a person that is a citizen or national of a foreign country on said list,or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; 3. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no Agreement shall be awarded to a Consultant or subcontractor who is unable to certify to the above. If the Consultant knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation { • ., I , Administration may direct, through the Sponsor, cancellation of the Agreement at no cost to the Government. Further, Consultant agrees that, if awarded an Agreement resulting from this solicitation, it will incorporate this provision for certification without modification in each Agreement and in all lower tier subcontracts. The Consultant may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. Consultant shall provide immediate written notice to the Client if Consultant learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Consultant if, at any time, it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that Consultant or subcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration may direct,through the Sponsor,cancellation of the Agreement or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false,fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Consultant certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this Agreement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, Agreements and subcontracts. Where Consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this Agreement. J. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 1. No Federal appropriated funds shall be paid,by or on behalf of the Consultant,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in �.� V L d connection with the making of any federal grant and the amendment or modification of any Federal grant. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the Consultant shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. PART VII FEE SCHEDULE EFFECTIVE JANUARY 1,2003 Classification Hourly Rate Range Senior Professional $120.00 - $205.00 Project Professional $75.00 - $145.00 Staff Professional $60.00 - $100.00 Professional $35.00 - $75.00 CADD Operator II $45.00 - $80.00 CADD Operator I $25.00 - $55.00 Technician $20.00 - $100.00 Project Support $30.00 - $60.00 Direct Expenses: Subconsultants At Cost Computer Technology Included in Above Rates Copies $0.06/Sheet Blueprinting $0.50/Sheet Sepia Mylar $5.00/Sheet Sepia Vellum $2.70/Sheet Troxler Density Meter $8.00/Test Geodimeter $12.50/Hour Mileage IRS Rate(Present$0.36) Sheet Size 24x36 Approximate Meals, lodging,car rentals,air travel and some other expenses are invoiced at cost. Specialized equipment and laboratory rates are available for applicable projects. Method of compensation can be adjusted to client needs. Previous methods used include: lump sum, percentage of construction,hourly rates and direct expenses,classification rates and cost plus fixed fee. Services normally not charged to clients: attendance at Commission meetings, storage and retrieval of original documents on past projects,general miscellaneous requests and general questions. If you have any questions,please contact Joe Becker at 319-232-6531 or 1-800-772-2028(in-state WATS). L:\work\ADMIMAGREE\PRORICAirport.doc al....r yr a<� 1/26/2004 Page 1 Part VIII Iowa City Municipal Airport Iowa City,Iowa • Extension of Runway 7/25 STAFF HOUR ESTIMATE Senior Project Staff CADD Project Description of Work Professional Professional Professional Operator Tech. Support Total Q._Pavement Management Plan forAimeld 1 Pavement inventory 4 8 8 20 2 Visual Pavement Review 12 12 24 3 Develop Maintenance Program ____ __--- 4 --- 8 12 4 Prepare Pavement Management Plan Report 2 _ 8 _. _ 24 34 Subtotal 0 22 24 8 12 24 90 D. Update of DBE Program 4 8 24 24 60 E. Historic Documentation of'United Hangar' __ 1 Historic Documentation 4 4 8 2 Public Historic Booklet 8 4 12 —_- 3 Coordination and Administration------_ 6 16 12 ^-- 6-__ 42 Subtotal 8 28 20 0 0 6 62 F. Willow Creek Relocation 1 Preliminagr Design Phase a. Design Conference _ 8 8 2 18 b. Data Collection and Review 4 8 90 102 _____b.c. Subsurface Information 4 4 d. Base Mapping._.__.____..__ —.— _ 4. __.40 44 e. Hydraulic Design _...__.____ 40 40 16__.____._______ 96 __________f_. Archaeological Resource Survey 4 4 g. Preliminay Design Drawings 1 Titie Sheet ___.___ 2 ___ 4 _ 6 _ __....._._ 2 General Project Layout 4 4 e 16 3 Existing T°pag!aphic Plans __. 4 4_...___..._ 8 16 4 Conceptual Layout plans__ 8 12 16 36 5 Typical Sections __. 4 4 8 16 h. Constructon Phasing and Safety Plan _ _ 4 8 4 16 I Consbuction Cost Estimate 4 8 8 20 L. Preliminary Design Report 4 8 8 20 k. Conferences and Meetings_.__,__ _ _ 8 8 8 24 I. Project Administration .__._ 16 16 32 Subtotal 32 96 106 112 90 34 470 2 Design Phase a. Initialization of Final Design b. Final Design Documents 1 Title Sheet 2 2 4 _. 2 Legend and General Notes _ 4 4 2 _ 10 .___..._...._._ 3 Schedule of Drawings___.._...._.._...._..___.._._____ 2 2 4 4 Schedule of Quantities 4 4 2 10 5 General Project layout 2 2 4 8 6 Boring,Lowlions and Logs .,, 2 4 6 ..._..__._....._.._ 7 Safety and SequenoQ Plans _.. _._..._......_. 4 4 8_.._..._. _._..._ ._._.._ 16 8 Existing Conditions and Removal Plans 2 2 2 _,._. 6 9 Typical Sections 2 2 2 6 10 Plan and Profiles 8 16 24 48 11 Grading Plans 4 8 12 24 12 Culvert Details 24 80 80 184 13 Erosion Control Plans ' 2 4 8 14 14 Cross Sections 2 4_.__.. 4 _—_ 10 .. c. Final Project Specifications 24 _16 40 d. Estimate of Probable Construction Cost 8 8 8 24 e. Engineering Report 4 8 8 20 f. Permits 20 40 40 40 16 156 1/26/2004 Page 2 Part VIII Iowa City Municipal Airport Iowa City,Iowa Extension of Runway 7125 STAFF HOUR ESTIMATE Senior Project Staff CADD Project Description of Work Professional Professional Professional Operator Tech. Support Total g. Grant Application 4 4 4 12 __ h. Quality Review 16 16 32 ___ I. Conferences and Meetings 8 8 4 _20_ j._ Project Administration 16 4 16 38 k. Bid Assistance_ _ 8 2 10 _.__.__ I. Pre-Bid Conference _--- 8 ..—__...__.___. 4 12_ ___m_Bid Document Interpretation _—.__._...—._ 4 2 2 a-_ Subtotal 60 170 200 220 0 70 720 G. Relocation of Dane Road and Runway 7-25 Extension 1 Preliminary Design Phase a. Data Collection and Review4 8 120 132 __ b. Base Mapping 4 8 — _— 72_- c. Pavement Design __- a-_. 12 4 -_ 24 _____ d. Preliminary.Design Drawinjs___ ________._--.-____ 1 Title Sheet 2 4 8 ___ 2 General Prgject Layout 2 4 B 14 _____3 Existing Topographic Plans 4 8 __ 12 — 4 Conceptual Layout Plans 4 12 12 28 5 Typical Sections _ 4 6 6 16 e__Constfuction Phasing and Safely Plan 4 2 8 14 f. Construction Cost Estimate 4 4 412 _____._. g. Preliminary Design Report 4 8 4 8 24 h_Conferences and Meetigas 16 16 4 36 I. Project Administration 12 8 20 Subtotal 28 50 66 66 120 20 350 Total Hours 132 374 440 406 222 178 1.752 Estimated Labor Costs $169,900.00 Subdivison of Estimated Total Costs Estimated Expenses $1,300.00 Pavement Management Plan for Airfield $8,200.00 Tallgrass Historians-Historic Doc. $8,500.00 Update of DBE Program $5,600.00 Tallgrass Historians-Historic Booklet $13,000.00 Historic Documentation of"United Hangar$30,000.00 Tallgrass Historians-Archaeological $4,300.00 Willow Creek relocation Terracon-Geotechnical Investigation $8,500.00 Preliminary Design Phase $57,200.00 Estimated Subconsultants $34,300.00 Final Design Phase $73,300.00 Estimated Total Costs $205,500.00 Relocation of Dane Road&Runway 7-25 Contingency $20,500.00 Extension-Preliminary Design $31.200.00 Maximum Amount Payable $226,000.00 Estimated Total Costs $205,500.00 C ,,,vnna SetompslOalets&lareT.npmy v.mr[aau,rymq rasrnbuasiaPJur i Hese T-HANGAR LEASE This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and ('Tenant"). In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: 1. Lease of the Hangar Space. The Commission hereby leases to Tenant hangar space in Hangar # (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described as follows: T-hangar with a bifold door. The Hangar Space shall be used and occupied by Tenant principally for the storage or construction of the following aircraft: Aircraft Make & Model Aircraft Registration Number Aircraft Registered Owner Name Registered Owner Home and Business Telephone Numbers Tenant shall promptly notify the Commission in writing of any change in the information furnished above. Tenant may request permission to store a substitute aircraft in the Hangar Space by making a written request to the Commission. In the event Tenant is permitted to store a substitute aircraft in the Hangar Space, all provisions of this Lease applicable to the Aircraft shall also be applicable to the substitute aircraft. 2. Term. The term of this Lease shall commence on , 200_, and shall end on the last day of themonth of . 200_ Provided Tenant is in compliance with all terms and conditions of this Lease, the Commission acknowledges that Tenant will likely be offered another one-year lease at the expiration of the term of this Lease, and Tenant acknowledges that rent will likely be increased under the subsequent one-year lease. If Tenant does not intend to execute another lease following the expiration of the the term of this Lease, Tenant agrees to notify the Commission 45-days prior to the expiration of the existing term in order to facilitate the Commission in locating another tenant. In the event Tenant shall continue to occupy the Hangar Space beyond the term of this Lease without executing a Lease for another 12-month term, such holding over shall not constitute a renewal of this Lease but shall be a month-to-month tenancy only. 3. Rent For use of the Hangar Space, Tenant shall pay the Commission the amount of $ per month, payable in advance on the first day of each month. A 1.5% late fee (which is $ . per day) for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 4. Security/Damage Deposit At the time of execution of this Lease, Tenant shall pay to the Commission in trust the sum of one month's rent to be held as a rental deposit. At the termination of the Lease, the Commission shall return the deposit to the Tenant less any amounts necessary to repair damage, conduct cleanup or owed to the Airport Commission. If the tenant 2 renews the lease each year, the deposit will be held over for the next year. • 5. Use of the Hangar Space. a. The Hangar Space shall be used primarily fpr storage or construction of the Aircraft consistent with FAR and the Minimum Standards. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. c. No commercial activity of any kind shall be conducted by Tenant in, from or around the Hangar Space. d. No maintenance on the Aircraft shall be performed in the Hangar Space or anywhere on the Airport without the prior written approval of the Commission, except such maintenance as performed by the Tenant on his or her own aircraft as permitted by the FAA. Tenant shall take steps to ensure that the performance of such maintenance work shall not damage the Hangar Space or the Airport where the work is performed. e. Tenant shall be responsible and liable for the conduct of its employees and invitees, and of those doing business with it, in and around the Hangar Space. Tenant shall keep the Hangar Space clean and free of debris at all times. f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by any federal, state or local government agency. g. Tenant shall dispose of used oil only in approved receptacles. h. At no time shall Tenant start or run his/her Aircraft engine(s)within the Hangar or Hangar Space. i. On the termination of this Lease, by expiration or otherwise, Tenant shall immediately surrender possession of the Hangar Space and shall remove, at its sole expense, the Aircraft and all other property therefrom, leaving the Hangar Space in the same condition as when received, ordinary wear and tear excepted. j. Tenant shall be liable for any and all damage to the Hangar or to the Hangar Space caused by Tenant's use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to doors due to Tenant's improper or negligent operation. 6. Rights and Obligations of Tenant. a. Tenant shall have at all times the right of ingress to and egress from the Hangar Space, except as provided in Paragraph 12. To ensure this right, the Commission shall make all reasonable efforts to keep adjacent areas to the Hangar Space free and clear of all hazards and obstructions, natural or manmade b. Tenant shall be responsible to maintain the interior of the Hangar Space to include janitorial services, maintaining all interior lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning of snow within two (2)feet of the • 3 • apron adjoining the Hangar Space, disposing of any debris or waste materials, and maintaining any Tenant constructed structures and equipment. The Commission shall be the sole judge of the due maintenance undertaken by the Tenant, and may upon written notice, require specific maintenance work to be completed. If such maintenance is not completed within a reasonable time period, the Commission shall have the right to perform such due maintenance, and Tenant shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. c. Tenant shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. d. Tenant shall not store any materials outside the Hangar Space. e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on the Hangar or to the Hangar Space. 7. Rights and Obligations of the Commission. a. The Commission shall at all times operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances given by Authority to the United States Government under the Federal Airport Act. • b. The Commission shall not unreasonably interfere with the Tenants use and enjoyment of the Hangar Space. c. The Commission shall maintain and keep the Hangar and Hangar Space in good repair except for the maintenance obligations of Tenant set forth in the Lease. In no event, however, shall the Commission be required to maintain or repair damage caused by the negligent or willful act of Tenant, its agents, servants, invitees, or customer. However, if due to any negligent or willful act by the Tenant, its agents, servants, invitees or customer, there is a need for maintenance or repair of damage, then Tenant shall so such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. d. Snow shall be removed from in front of Hangar Space to within at least five (5) feet of the Hangar. Snow removal closer than five (5) feet is the responsibility of the Tenant. • e. The Commission shall ensure appropriate grounds keeping is performed year round. 8. Sublease/Assignment. Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission. 9. Condition of Premises. Tenant shall accept the Hangar Space in its present condition without any liability or obligation on the part of the Commission to make any alterations, improvements or repairs of any kind on or about said Hangar Space. 4 10. Alterations. Tenant shall not install any fixtures or make any alterations, additions or improvements to the Hangar Space without the prior written approval of the Commission. All fixtures installed or additions and improvements made to the Hangar Space shall, upon completion of such additions and improvements, become Commission property and shall remain in the Hangar Space at the expiration or termination of this Lease, however terminated, without compensation or payment to Tenant. Fixtures include, but are not limited to, locks, brackets for window coverings, plumbing, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Hangar Space by means of concrete, plaster, glue, nails, bolts, or screws. 11. Hazardous Materials. a. No "hazardous substance," as defined in Iowa Code section 455B.411 (2001), may be stored, located, or contained in the Hangar Space without the Commission prior written approval. (The Iowa Code can be found online at www.legis.state.ia.us/Code.html The U.S. Code can be found online at www.findlaw.com/casecode/uscodes/index.html Federal regulations can be found online at www.access.qpo.qov/nara/cfr/cfr-retrieve.html#panel ) Petroleum products and their byproducts for personal use may be stored or present in the Hangar Space if said substances are contained in approved containers. b. Tenant shall handle, use, store and dispose of fuel petroleum products, and all other non-"hazardous substances" owned or used by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm sewers. Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Tenant, the Tenant shall be responsible for the clean up, containment and otherwise abatement of such contamination at Tenant's sole cost and expense. Further, Tenant shall notify the Commission and appropriate governmental agency of such occurrence immediately. Should Tenant fail to do so, the Commission may take any reasonable and appropriate action in the Tenant's stead. The cost of such remedial action by the Commission shall be paid by the Tenant. 12. Special Events. During any special event at the Airport, including but not limited to the Sertoma Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at the Airport may be altered such that egress and ingress to the Hangar Space may be altered by the Commission in writing. Tenant's failure to comply with the altered procedure is a default of this Lease, and the Commission may proceed to terminate this Lease. 13. Airport Rules and Regulations. Tenant agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30-days notice to terminate this Lease. Commission shall provide Tenant with a copy of said and regulations 30-days prior to their effective date. 14. Access and Inspection. The Commission has the right to enter and inspect the Hangar Space at any reasonable time during the term of this Lease upon at least 24 hours notice to the Tenant for • J 5 • • any purpose necessary, incidental to or connected with the performance of its obligations under the Lease or in the exercise of its governmental functions. In the case of an emergency, the Commission may enter the Hangar Space without prior notice but will provide notice to the Tenant after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected annually. Upon execution of this Lease, the Tenant subsequently changes the lock to the Hangar Space, he or she shall provide shall provide notice to the Commission before he or she does so and shall provide a new key to the Commssion within twenty-four hours of doing so. 15. Insurance. a. Tenant shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Comprehensive General (or Premises)Liability- Each Occurrence $1,000,000 b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Commission and the City of Iowa City, as additional insured. The Commission and Tenant acknowledge that a Certificate of Insurance is attached • to this Lease. Tenant shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. c. It is the tenant's responsibility to keep the insurance certificate current. If the Certificate of Insurance expires during the term of the lease, the Tenant must provide a current certificate to the Airport within 7 days of when the certificate expires. 16. Casualty. In the event the Hangar or Hangar Space, or the means of access thereto, shall be damaged by fire or any other cause, the rent payable hereunder shall not abate provided that the Hangar Space is not rendered untenantable by such damage. If the Hangar Space is rendered untenantable and Commission elects to repair the Hangar or Hangar Space, the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 17. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non- performance by Tenant or its servants, employees or agents of any covenant or condition of the Lease or by any act or failure to act of those persons. The Commission shall not be liable for its failure to perform this Lease or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, 6 - ' flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 18. Disclaimer of Liability. The Commission hereby disclaims, and Tenant hereby releases the Commission from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the Aircraft or other property of Tenant that may be located or stored in the Hangar Space, unless such loss, damage or injury is caused by the Commission's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission be liable for indirect consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Hangar Space under this Lease. 19. Attorney Fees. If the Commission files an action in district court to enforce its rights under this Lease and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for the Commission's attorney fees incurred in enforcing the Lease and in obtaining the judgment. 20. Default This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b) Tenant or the Commission fails to perform any other covenant herein and such default shall continue for five (5) days after the receipt by the other party of written notice. 21. Security. Tenant acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Lease, and Tenant agrees that the Commission shall not be liable for any damages to Tenant that may result from said non-compliance. 22. Thirty(30) Days Termination. Either party to this Lease shall have the right, with cause, to terminate this Lease by giving thirty (30) days' prior written notice to the other party. 23. Non-Discrimination. Tenant shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation"shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 24. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree 7 • as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Tenant, shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. c. It in understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this Lease will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. e. The Commission reserves the right (but shall not be obligated to Tenant) to maintain and in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of Tenant in this regard. f. The Commission reserves the right further to develop or improve the landing area and all publicly-owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant, and without interferences or hindrance. g. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Commission would limit the usefulness of the airport or constitute a hazard to aircraft. 8 h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly-owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. i. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. j. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. k. The Lease shall become subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 25. Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity. 26. Notices. Any notice, for which provision is made in this Lease, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Airport Manager or the Commission Chairperson b. by service in the manner provided by law for the service of original notice, or c. by sending said Notice by certified or registered mail, return receipt requested, to the last known address. Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. (1) If to the Commission, addressed to: Iowa City Airport Commission Attn: Airport Manager Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 9 (2) If to Tenant, addressed to: 27. Airport Manager. The Airport Manager is the person designated by the Commission to manage the Hangar Space and to receive and deliver all notices and demands upon the Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as provided in Paragraph 14. 28. Integration. This Lease constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 29. Waiver. The waiver by either party of any covenant or condition of this Lease shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 30. Successors Bound. This Lease shall be binding and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto. 31. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. IOWA CITY AIRPORT COMMISSION By: Title: Date: TENANT: Approved: By: City Attorney's Office Title: Date: ar CITY OF IOWA CITY MEMORANDUM DATE: March 29, 2004 TO: Department/Division Heads /� FROM: Deb Mansfield, Budget Mgm /2Jr t Analyst /ildm %" ` RE: FY05 Adopted Budget Attached is the FY05 Adopted Budget for your department. The budget contains the old system account numbers. Finance will contact you when the FY05 Budget is available in the new system. Please contact Kevin O'Malley, Leigh Lewis, Deb Mansfield, or Cyndi Ambrose for questions pertaining to the budget. PRIMED:26MAR04 CITY OF IOWA CITY FINANCIAL PLAN FOR FY05-FY07 • REVENUES • FY05 ACCOUNT FY02 FY03 FY04 FINAL FY06 FY07 • NUMBERS ACCT DESCRIPTION !DENT ACTUAL ACTUAL BUDGET BUDGET PROJECTED PROJECTED ACTIVITY 46120 AIRPORT PROPERTY MANAGEMENT 46120 4511 Int.On Investments 4511 92 0 0 0 0 0 ACTIVITY 46120 TOTAL: 92 0 ' 0 0 0 0 FUNCTION 46100 TOTAL: 332,827 316,225 349,625 347,155 370,155 355,155 • PRINTED 26-MAR-04 CITY OF IOWA CITY FINANCIAL PLAN FOR FY05 FY05 FY05 FY01 FY02 FY03 FY04 DEPT FINAL FY06 FY07 DEPT# EXP# DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROPOSAL BUDGET PROJECTED PROJECTED • 46120 AIRPORT PROPERTY MANAGEMENT • 46120 8942 Building Rental 0 0 -233 0 0 0 0 0 46120 8948 Landlord Rents 2,292 2,292 955 0 0 0 0 0 *8000 TOTAL 2,292 2,292 722 0 0 0 0 0 0 -68.5 -100 0 0 0 0 46120 9595 Residual Equity Transfer 39,844 0 0 0 0 0 0 0 *9000 TOTAL 39,844 0 0 0 0 0 0 0 -100 0 0 0 0 0 0 46120 TOTAL 42,136 2,292 722 0 0 0 0 0 -94.6 -68.5 -100 0 0 0 0 ii PRINTED:26MAR04 CITY OF IOWA CITY FINANCIAL PLAN FOR FY05-FY07 REVENUES • FY05 ACCOUNT FY02 FY03 FY04 FINAL FY06 FY07 NUMBERS ACCT DESCRIPTION (DENT ACTUAL ACTUAL BUDGET BUDGET PROJECTED PROJECTED ACTIVITY 46110 AIRPORT OPERATIONS 46110 4319 Stormwater Mgmnt Fee 4600 8 0 0 0 0 0 46110 4521 Land Rental 4520 36,062 37,066 10,000 45,049 45,049 45,049 46110 4522 Building/room Rental 4520 134,022 142,828 150,275 172,106 172,106 172,106 46110 4662 Vending Machine Comm 4662 58 104 0 0 0 0 46110 4663 Other Commissions 4600 7,801 17,818 6,350 18,000 18,000 18,000. 46110 4671 Deposits 4671 0 7,871 0 0 0 0 46110 5143 General Levy 5143 154,800 110,538 183,000 112,000 135,000 120,000 ACTIVITY 46110 TOTAL: 332,735 316,225 349,625 347,155 370,155 355,155 ` a L PRINTED 26-MAR-04 CITY OF IOWA CITY FINANCIAL PLAN FOR FY05 FY05 FY05 FY01 FY02 FY03 FY04 DEPT FINAL FY06 FY07 DEPT# EXP# DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROPOSAL BUDGET PROJECTED PROJECTED 46110 AIRPORT OPERATIONS 46110 6110 Permanent Full Time 81,079 84,674 88,536 91,947 94,630 94,630 98,888 103,338 46110 6130 Temporary Employees 2,222 2,574 2,184 2,728 2,315 2,315 2,384 2,456 46110 6211 Overtime Wages 883 579 800 608 840 840 874 909 46110 6230 Longevity Pay 1,350 . 1,450 1,450 1,450 1,450 1,450 1,450 1,450 46110 6310 Flea 6,527 6,812 7,107 7,400 7,591 7,591 7,933 8,290 46110 6320 Ipers 4,790 4,985 5,229 5,407 5,706 5,706 6,334 7,031 46110 6410 Health Insurance 7,539 9,919 11,358 13,097 14,653 14,653 16,118 16,924 46110 6420 Life Insurance 273 286 299 312 319 319 325 332 46110 6430 Disability Insurance 472 523 618 645 664 664 677 691 46110 6610 Monthly Cellular/pcs 0 0 150 0 325 325 332 339 '6000 TOTAL 105,135 111,802 117,731 123,594 128,493 128,493 135,315 141,760 6.3 5.3 5 4 4 5.3 4.8 46110 7110 Office Supplies 206 67 133 70 139 139 142 145 46110 7120 Books,Magazines,&Newspapen 175 188 188 196 196 196 200 204 46110 7140 Minor Off Equip/fum 0 0 24 0 25 25 26 27 46110 7148 Minor Telecom Equip 73 218 111 378 0 0 0 0 46110 7153 Misc.Peripherals 31 73 28 76 29 29 30 31 46110 7214 Ag Chemicals 440 580 255 606 480 480 490 500 46110 7241 Other Fuels 2,513 1,464 2,051 1,530 2,000 2,000 2,040 2,081 46110 7242 Other Lubricants 77 60 41 63 43 43 44 45 46110 7243 Fluids Gases&Other 0 0 11 0 11 11 11 11 46110 7250 Sanit.&Ind.Supp. 505 455 418 500 437 437 446 455 46110 7283 Tools 8 Minor Equip. 49 794 160 830 600 600 612• 624 46110 7284 First Ald/safety Sup 51 96 0 300 0 0 0 0 46110 7286 Misc.Supplies 265 858 52 500 450 450 459 468 46110 7288 Paper Supplies 9 17 52 • 18 54 54 55 56 46110 7311 Lumber/hardware 42 471 8 492 325 325 332 339 46110 7312 Paint 8 Supplies 0 79 54 83 56 56 57 58 46110 7313 Plumbing Supplies 74 7 0 50 0 0 0 0 46110 7314 Electrical Supplies 361 279 62 292 210 210 214 218 46110 7315 Bdig.&improv.Mat. 14 0 12 10,000 13 13 13 13 46110 7319 Bldg.8 Const.Supp. 65 213 105 223 110 110 112 114 46110 7321 Minor Equip.Rep Mat 48 86 82 90 86 86 88 90 46110 7331 Auto 8 Light Truck 75 22 68 23 71 71 72 73 46110 7335 Snow Removal Equip. 0 0 160 0 0 0 0 0 46110 7337 General Equipment 27 0 0 600 0 0 0 0 46110 7351 Concrete 0 0 162 0 169 169 172 175 46110 7352 Asphalt 43 0 73 0 76 76 78 80 46110 7354 Sand 0 39 0 41 40 40 41 42 46110 7359 Surfacing Materials 0 0 95 100 99 99 101 103 46110 7363 Traffic Ctrl.Improv 607 1,411 318 1,474 1,060 1,060 1,081 1,103 '7000 TOTAL 5,750 7,477 4,723 18,535 6,779 6,779 6,916 7,055 30 -36.8 292.4 -63.4 -63.4 2 2 46110 8121 Court Costs 8 Serv. 0 0 281 0 • 0 0 0 46110 8122 Attorney Services 46 39 0 42 0 0 0 46110 8123 Recording Fees 0 0 112 0 115 11 117 119 46110 8162 Appraisal Services 0 0 975 0 0 0 0 46110 8163 Management Services 65 3,591 6,104 0 0 0 0 46110 8164 Other Prof.Services 250 0 0 0 0 0 0 46110 8166 Engineering Services 0 1,200 3,008 2,000 2,000 2,00 2,038 2,077 48110 8167 Testing Services 414 610 914 1,450 1,450 1,45 1,450 1,450 46110 8211 Telephone Rental 542 951 348 0 0 0 0 46110 8212 Long Distance Calls 55 74 62 78 65 6 66 67 46110 8215 Cellular Phone Chgs. 99 96 55 192 100 10 102 104 46110 8219 Phone Equip.Charges 0 0 309 0 0 0 0 46110 8223 Couriers 13 39 40 42 43 4 44 45 46110 8231 Legal Publications 60 155 359 162 375 37 383 391 46110 8239 Advertising 687 343 0 2,000 0 0 0 46110 8311 Travel Advance 0 0 -4 0 0 0 0 . 4 r • PRINTED 26-MAR-04 CITY OF IOWA CITY FINANCIAL PLAN FOR FYOE FY05 FY05 FY01 FY02 FY03 FY04 DEPT FINAL FY06 FY07 DEPT# EXP# DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROPOSAL BUDGET PROJECTED PROJECTED 46110 8312 Transportation 1,606 329 1,617 600 600 600 611 623 46110 8314 Registration 870 315 490 665 665 665 678 691 46110 8315 Lodging 0 545 290 825 825 825 841 857 46110 8316 Misc.Travel Expense 0 0 -26 0 0 0 0 0 46110 8319 Meals 1,200 400 137 250 250 250 255 260 46110 8340 Meals(non-travel) 276 40 0 42 0 0 0 0 46110 8410 Comp.Liability Ins. 8,233 8,500 9,495 9,775 10,919 10,919 11,465 12,038 46110 8420 Fire&Casualty Ins. 6,572 8,796 11,614 10,115 13,356 13,356 13,610 13,869 46110 8430 Workers Comp Ins. 353 221 187 254 215 215 226 237 46110 8470 Loss Reserve Payment 512 5,079 0 35,500 5,000 5,000 5,250 5,513 46110 8530 Landfill Use 0 0 246 0 246 246 246 246 46110 8540 Energy Grant Payback 331 332 331 0 0 0 0 0 46110. 8550 Heating Fuel/gas 8,085 2,578 5,510 5,510 5,551 5,551 5,829 6,120 • 46110 8560 Electricity Charges 13,826 14,019. 14,895 14,895 17,874 17,874 18,231 18,596 46110 8570 Sewer Utility Charge 1,106 1,014 860 1,014 860 860 860 860 46110 8580 Water Utility Charge 1,321 1,222 993 1,222 993 993 993 993 46110 8611 Vehicle Repairs 1,755 1,751 994 1,830 1,039 1,039 1,060 1,081 46110 8613 Vehicle Repairs 13 150 112 157 117 117 119 121 46110 8621 Repair Of Structure 1,321 1,301 1,397 1,366 1,467 1,467 1,496 1,526 46110 8622 Rep Of Heating Equip 544 1,234 729 1,296 765 765 780 796 46110 8623 Rep Of Cooling Equip 433 472 518 496 544 544 555 566 46110 8625 Rep Of Electric/plbg 406 325 114 341 120 12 122 124 46110 8626 Bldg.Pest Control 60 0 0 0 0 0 0 46110 8629 Rep&Maint.To Bldg 1,455 9,275 1,386 9,692 1,448 1,44 1,477 1,507 46110 8632 Office Equip.Repair 59 0 0 0 0 0 0 46110 8637 Radio Equipment Rep. 64 25 25 26 26 2 26 26 46110 8641 Other Repalr&Maint 12,988 6,313 5,000 6,597 11,225 11,22 6,800 6,800 46110 8722 Laundry Service 535 596 607 623 634 63 647 660 46110 8732 Hauling 0 20 800 21 500 50 510 520 46110 8739 Equipment Service 9,101 1,264 696 1,321 1,093 1,09 1,115 1,137 46110 8742 Outside Printing 251 726 368 759 385 38 393 401 46110 8762 Film Processing 20 10 11 10 11 1 11 11 46110 8769 Technical Services 3,442 2,933 2,553 3,065 2,668 2,66 2,721 2,775 46110 8770 Word Processing 54 4 0 50 50 5 51 52 46110 8821 City Attorney Chgbck 6,120 3,040 3,725 3,162 3,874 3,87 3,874 3,874 46110 8824 ITS Desktop Support Chbk 440 590 2,123 535 535 53 546 557 46110 8825 ITS Equip.Rep].Chgbk 990 1,003 941 0 0 0 0 46110 8826,ITS App.Dev.Fees 609 286 0 0 0 0 0 46110 8827 ITS Networks Chargeback 330 360 360 360 360 36 360 360 46110 8841 Supply Room Chgbacks 4 0 0 0 0 0 0 46110 8842 Print Shop Services 179 0 0 0 0 0 0 46110 8843 Photocopying Chgback 346 492 309 590 371 37 371 371 46110 8845 Communications Chgbk 181 0 1,512 1,618 1,080 1,08 1,080 1,080 46110 8846 Phone Admia/Repl Chgback 0 0 0 480 0 0 0 46110 8847 Mail Chargebacks 365 507 415 553 436 54 561 578 46110 8848 UPS Chargebacks 0 11 19 12 20 2 20 20 46110 8930 Dues&Memberships 345 345 345 1,011 361 36 368 375 46110 8942 Building Rental 65 0 0 0 0 0 0 46110 8945 Tools&Equip.Rent. 1,368 1,368 1,439 1,430 1,504 1,50 1,534 1,565 46110 8946 Film Rental 100 0 0 0 0 0 0 46110 8950 City Vehicle Repl. 15,120 15,698 17,111 16,326 9,000 9,00 9,000 9,000 *8000 TOTAL. 105,585 100,587 102,811 140,360 101,135 101,244 98,892 101,039 -4.7 2.2 36.5 -27.9 -27.9 -2.3 2.2 46110 9220 Contracted Improv. 0 0 0 0 7,000 7,00 43,700 0 46110 9313 Tractor(s) 15,000 0 0 0 0 0 0 46110 9329 Other Oper.Equip. 0 0 0 0 0 0 30,000 46110 9540 Capital Projects 6,000 1,433 0 0 0 0 0 48110 9720 Interfund Loans 107,462 123,722 84,990 85,440 85,440 85,44 85,440 71,178 *9000 TOTAL 128,462 125,155 84,990 85,440 92,440 92,44 129,140 101,178 -2.6 -32.1 0.5 8.2 6. 39.7 -21.7 • 46110 TOTAL 344,932 345,021 310,255 367,929 328,847 328,956 370,263 351,032 0 -10.1 18.6 -10.6 -10.6 12.6 -5.2 • PRINTED 26-MAR-04 CITY OF IOWA CITY • LIST OF CAPITAL OUTLAY FROM THE THREE YEAR FINANCIAL PLAN ADOPTED FOR FY05-FY07 ACT# EXP# CAP#LOCATION QTY FY05 FY06 FY07 AIRPORT OPERATIONS 46110 9220 00000 1 7,000 ASPHALT OVERLAY 0 0 46110 9220 00000 1 0 31,000 BRICK REPAIR 0 46110 9220 00000 1 0 12,700 CONCRETE . 0 9220 TOTAL 7,000 43,700 0 46110 9329 00000 1 0 0 30,000 FUEL PUMP 9329 TOTAL 0 0 30,000 46110 TOTAL 7,000 43,700 30,000 • • • a . a r Ron O'Neil From: Dale Helling Sent: Monday,August 02, 2004 10:17 AM To: Ron O'Neil Cc: Rick Fosse Subject: FW:Airport Ron, Rick visited with Jerry at my request, based on a phone call I received from Dan Clay on the 22nd or 23rd of July(I think). Call me for more details if you wish. Thanks, Dale —Original Message— From: Rick Fosse Sent: Friday,July 30,2004 4:06 PM To: Dale Helling Subject Airport I met with Jerry at the Airport this today to look at the gravel problem. Jerry didn't know I was coming so he swept everything this morning using a brush that mounts on the front of theirtruck. It worked very well and I saw virtually no gravel left behind. There is no piece of equipment that Public Works has that would do a better job. Based on what I saw,there has been a lot of deferred maintenance on the various pavements down there and gravel on the pavement will continue to be a problem. Some of the pavement is in such bad shape that frequent sweepings may cause it to break up faster. Let me know if there is anything else I can do for you on this. Rick Fosse Public Works Director 319/356-5141 rick-fosse@iowa-city.org . . . rrlritIr r -k,_ ***VIA FAX and U.S. MAIL*** AUG 0 4 2004 Li VIN V 6 _ July 20, 2004 "' �O Cltg of Ms. Kirsten H. Frey Kennedy, Cruise, Andersen and Frey, L.L.P. P.O. Box 2000 Iowa City, IA 52244 FAX 351-0605 Re: 1565 S. Gilbert Street: Proposed Children's Counseling Center Dear Kirsten: This letter will serve to memorialize our agreement regarding the pending litigation as well as • the City's position on the proposed Children's Counseling Center to be located at 1565 S. Gilbert Street. As discussed, the City will issue an occupancy permit for a maximum of twenty (20) occupants within the 4500 square feet of building to be leased by the Children's Counseling Center. I note that prior to the building being occupied, Mr. Wade must make application for a building permit and submit a site plan reflecting parking along with a floor plan reflecting the building's interior configuration. (It is my understanding that the floor plan was submitted yesterday along with the building permit application, but the site plan remains outstanding). As also discussed, the parties agree to hold the pending litigation in abeyance, waiving the deadline on the Plaintiffs current discovery requests, pending application for occupancy of the remaining 3500 square feet of building area. If I have misstated our discussions and agreement, or If you have any questions or wish to discuss this further, please feel free to contact me. Very trul • rs, 44, Sarah E. olecek First s : istant City Attorn� Cc: Doug Boothroy Jann Ream Karin Franklin Karen Howard Bob Miklo Eleanor M. Dikes Ron O'Neil 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 • WRIT1111117' �1 AUG 0 3 am U.S. Department Cedar Rapids ARTtafftCCOnifat near 9455 Shepard Ct.SW of Transportation Cedar Rapids,IA 52404 Federal Aviation Administration July 30, 2004 Ron White Airport Manager Iowa City Municipal Airport 1801 South Riverside Dr. Iowa City, IA 52246 Dear Ron White: Temporary Tower for Iowa City's Fly-in Breakfast Due to loss of personnel, Cedar Rapids Air Traffic Control Tower will not be able to support staffing a temporary control tower this year at Iowa City for your annual fly-in breakfast on August 29, 2004. Issuing a NOTAM advising the use of caution when in the area of Iowa City, and advising pilots to contact the common traffic advisory frequency (CTAF) well in advance to exchange departing and arriving information, should provide for the safe and expeditious flow of traffic. If you have any questions, please contact me at (319) 364-2344, or by e-mail at norm.cain@faa.gov. Sincerely, inwti Pe- z7 Norman Cain Air Traffic Manager