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HomeMy WebLinkAbout2005 Airport Commission Resolutions RES. NO. SUBJECT DATE A05-01 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 1/13/05 SIGN AND THE SECRETARY TO ATTEST TO AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK A05-02 RESOLUTION APPROVING THE IOWA CITY 1/13/05 MUNICIPAL; AIRPORT FIVE-YEAR STRATEGIC PLAN FY2006-2010 A05-03 RESOLUTION ACCEPTING THE WORK FOR THE 1/13/05 HANGAR LIGHTING (OBSTRUCTION REMOVAL) PROJECT A05-04 RESOLUTION ACCEPTING A FY2005 IOWA 1/13/05 DEPARTMENT OF TRANSPORTATION GRANT FOR HANGAR ROOF/FLOOR REPAIR A05-05 RESOLUTION AWARDING CONTRACT AND 1/13/05 AUTHORIZING THE CHAIRPERSON TO SIGN AND SECRETARY TO ATTEST TO A CONTRACT FOR THE REPAIR OF THE ROOFS ON HANGARS B AND C A05-05A RESOLUTION APPROVING AN AMENDMENT TO THE 2/10/05 LEASE AGREEMENT WITH JET AIR, INC. TO EXCHANGE LEASED OFFICE SPACE IN THE TERMINAL BUILDING FOR SPACE IN BUILDING D A05-06 RESOLUTION APPROVING THE AIRPORT SECURITY 2/16/05 PLAN A05-07 RESOLUTION APPROVING AN AMENDMENT TO THE 2/16/05 CONSULTANT SERVICES AGREEMENT WITH SNYDER & ASSOCIATES, INC. FOR TEMPORARY MANAGEMENT SERVICES A05-08 RESOLUTION APPROVING THE SCOPE OF SERVICES 3/10/05 FOR RUNWAY 7-25 EXTENSION & PARALLEL TAXIWAY - GRADING ("PHASE 3 OF THE EARTH TECH ENGINEERING SERVICES AGREEMENT") AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST TO AN AGREEMENT INCORPORATING SAID SCOPE OF SERVICES A05-09 RESOLUTION ACCEPTING THE WORK FOR THE TREE 5/12/05 REMOVAL (OBSTRUCTION REMOVAL) PROJECT A05-10 RESOLUTION APPROVING A HANGAR USE 6/9/05 AGREEMENT WITH THE UNIVERSITY OF IOWA FOR SPACE IN BUILDING H 2005 Resolutions Page 2 A05-11 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 7/14/05 SIGN AND THE SECRETARY TO ATTEST TO AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK A05-12 RESOLUTION SETTING A PUBLIC HEARING ON 7/27/05 AUGUST 8, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A BOX CULVERT AND WILLOW CREEK IMPROVEMENTS PROJECT (PHASE 1), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A05-13 RESOLUTION SETTING A PUBLIC HEARING ON 7/27/05 AUGUST 8, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF EARTHWORK, NECESSARY FOR THE CONSTRUCTION OF RUNWAY EXTENSION INCLUDING LIMITED CLEARING AND GRUBBING PROJECT (PHASE 2), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A05-14 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 8/8/05 FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A BOX CULVERT AND WILLOW CREEK IMPROVEMENTS PROJECT (PHASE 1) ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS A05-15 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 8/8/05 FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF EARTHWORK NECESSARY FOR THE CONSTRUCTION OF RUNWAY EXTENSION INCLUDING LIMITED CLEARING AND GRUBBING PROJECT (PHASE 2), ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS A05-16 RESOLUTION RESCINDING RESOLUTION NO. A-05-15 8/11/05 REGARDING PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND BID AMOUNT AND ADVERTISING FOR BIDS FOR EARTHWORK CONSTRUCTION FOR THE RUNWAY 7/25 EXTENSION PROJECT (PHASE 2) 2005 Resolutions Page 3 A05-17 RESOLUTION APPROVING CONSULTANT AGREEMENT 8/11/05 WITH EARTH TECH FOR GENERAL PROFESSIONAL SERVICES WITH EACH PROJECT TO BE APPROVED SEPARATELY VIA A "PROJECT TASK ORDER." A05-18 RESOLUTION APPROVING "PROJECT TASK ORDER 8/11/05 NO. 1" WITH EARTH TECH FOR T-HANGAR FLOOR INSTALLATION IN BUILDINGS B AND C A05-19 RESOLUTION APPROVING "PROJECT TASK ORDER 8/11/05 NO. 2" WITH EARTH TECH FOR PAVEMENT REHABILITATION IN NORTH T-HANGAR TAXI LANES AND WEST TERMINAL APRON A05-20 RESOLUTION APPROVING PROFESSIONAL 9/8/05 MANAGEMENT SERVICES AGREEMENT WITH FARMERS NATIONAL COMPANY FOR FARM MANAGEMENT SERVICES A05-21 RESOLUTION AWARDING CONTRACT AND 9/8/05 AUTHORIZING THE CHAIRPERSON TO SIGN AND SECRETARY TO ATTEST TO A CONTRACT FOR THE BOX CULVERT PROJECT A05-22 RESOLUTION APPROVING SUPPLEMENTAL 9/8/05 AGREEMENT NO. 2 WITH EARTH TECH FOR ENGINEERING SERVICES FOR RUNWAY 7-25 EXTENSION PROJECT FOR THE REROUTING OF WILLOW CREEK AND CONSTRUCTION OF BOX CULVERT A05-23 RESOLUTION APPROVING SECOND SERVICES 9/8/05 AGREEMENT WITH SNYDER & ASSOCIATES, INC. FOR TEMPORARY MANAGEMENT SERVICES A05-24 RESOLUTION APPROVING SUPPLEMENTAL 10/13/05 AGREEMENT NO. 3 WITH EARTH TECH FOR ENGINEERING SERVICES FOR RUNWAY 7-25 EXTENSION PROJECT FOR OBSTRUCTION SURVEY FOR APPROACHES TO RUNWAY 7-23 AND RUNWAY 30 A05-25 RESOLUTION ACCEPTING A FY2005 IOWA 10/13/05 DEPARTMENT OF TRANSPORTATION GRANT FOR AIRPORT SIGNAGE A05-26 RESOLUTION APPROVING A LEASE AGREEMENT 10/13/05 WITH THE STATE OF IOWA ARMORY BOARD FOR SPACE TO PARK MOTOR VEHICLES Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington Street, Iowa City, IA 52240(319)356-5030 RESOLUTION NO. '‘2- ` �� _ U 4 RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST TO AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. WHEREAS, the Iowa City Airport Commission, the Iowa City City Council, and NAI Iowa Realty Commercial have entered into a listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park; WHEREAS, the parties subsequently extended the Listing Agreement, which will expire on January 22, 2005; and WHEREAS, it is in the best interest of the Commission to approve a second amendment to the Listing Agreement, which will extend the term by another 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 IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is authorized to sign an amendment of the Listing Agreement in a form that is in substantial compliance with Exhibit 1. Passed and approved this 3 day of An %-Act v , 2005. CHAIRPERSON Approved by ATTEST: YA } , Yt RETARY City Attorney's Office It was moved by SA (^ eland seconded by IA w) v"- the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Clay Hartwig Robnett Staley Williams rr, „r :,(k 1 /.D exh;1 1 SECOND 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; WHEREAS, in Resolution No. 04-202, the City Council approved a six (6) month extension of the Listing Agreement, and the parties subsequently entered into an Amendment to the Listing Agreement that expires on January 22, 2005; and WHEREAS, NAI Iowa Realty Commercial acknowledges that Harry Wolf will be its lead 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 a second time 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 July 22, 2005. All other terms of the Listing Agreement shall remain in full force and effect. NAI IOWA REALTY COMMERCIAL /-13-oS Harry R. Wolf Date Regional Directo T• IOWA CITY AIRPORT COMMISSION ( ► _ 1- iY- Dr • Randall D. Hartwig, Chairperso Date Attest: \ivveL)zidicois r ary Data THE CITY OF IOWA CITY RESOLUTION NO. A OS— - O RESOLUTION APPROVING THE IOWA CITY MUNICIPAL AIRPORT FIVE- YEAR STRATEGIC PLAN FY2006-2010. WHEREAS, the Iowa City City Council has appointed a five-person Iowa City Municipal Airport Commission; and WHEREAS, the Iowa City Municipal Airport Commission is to set the policy for the operation of the Iowa City Municipal Airport; and WHEREAS, the Iowa City Municipal Airport Commission has completed the five-year strategic plan for FY2006-2010. NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, THAT the Iowa City Municipal Airport Five-Year Strategic Plan FY2006-2010 is hereby adopted. It was moved by S-+ and seconded by W k q u,,c the Resolution be adopted, and upon roll call therd were: AYES: NAYS: ABSENT: ✓ Clay Hartwig v- Robnett Staley v Williams 10, Passed and approved this 1 --- day of ```�u vl , 200 Randy Ha ig, Chairpc-son Approved by�� <5ATTEST. Y r►� . 1 Staley, Secr- . City Attorney's Office wpdata/airport/res/comm.Approv strat plan.doc Prepared by: Susan Dulek,Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. L RESOLUTION ACCEPTING THE WORK FOR THE HANGAR LIGHTING (OBSTRUCTION REMOVAL) PROJECT. WHEREAS, the Commission's consultant for the obstruction removal project, Stanley Consultants Inc., has recommended that the work on the obstruction lighting of airport hangars by Gerard Electric, Inc. be accepted; and WHEREAS, the final contract price is $8,338.00, which is the approved amount as there were no change orders. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Said improvements are hereby accepted by the Iowa City Airport Commission. Passed and approved this t 3 i day of ' ' `^ � , 2005. l L i ( CHAIRPERSON Approved by ATTEST: 4 ►a RETARY City Attorney's Office It was moved by 0/9"\f and seconded by 7" ( )y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Clay ✓ Hartwig �✓ Robnett ✓ Staley ✓ Williams sue\airport\ResAccpetP roject.doc Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. C\4S RESOLUTION ACCEPTING A FY2005 IOWA DEPARTMENT OF TRANSPORTATION GRANT FOR HANGAR ROOF/FLOOR REPAIR. WHEREAS, the Iowa Department of Transportation has awarded the Iowa City Municipal Airport a FY 2005 $50,000 grant for hangar roof/floor repair; and WHEREAS, it is in the best interest of the airport to accept said grant. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Iowa Department of Transportation FY 2005 $50,000 grant for hangar roof/floor repair is accepted. Passed and approved this day of 11-SO, `^ `+ , 2005. g-at 1 ( '` CHAIRPERSON " Approved by ATTEST: TI k . "1 (—(1)--o)` SECRETARY City Attorney's Office It was moved by �I i ( "`^S and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: V Clay Hartwig t " Robnett Staley Williams sue\airport\ResIDOT.doc Prepared by: Susan Dulek,Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 1-- RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CHAIRPERSON TO SIGN AND SECRETARY TO ATTEST TO A CONTRACT FOR THE REPAIR OF THE ROOFS ON HANGARS B AND C. WHEREAS, CBMS, L.L.C. d/b/a Super Seal Coatings has submitted the lowest responsible bid of $15,503.11 for Hangar B and $15,593.40 for Hangar C, and the Commission's consultant, Howard R. Green Company, recommends accepting said bid. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. The contract for the repair of the roofs to Hangars B and C is hereby awarded to CBMS. L.L.C. d/b/a Super Seal Coatings, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Chairperson is hereby authorized to sign and the Secretary to attest to the contract for the repair of the roofs of Hangars B and C, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this — day of -)6\ `A u(c4 v: 2005. 6-4.&dt CHAIRPERSON Approved by ATTEST: R h 4 CRETARY �� City Attorney's Office It was moved by `' and seconded by N v? Y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Clay lr Hartwig ►� Robnett Staley t/ Williams Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. :\ c; RESOLUTION APPROVING AN AMENDMENT TO THE LEASE AGREEMENT WITH JET AIR, INC. TO EXCHANGE LEASED OFFICE SPACE IN THE TERMINAL BUILDING FOR SPACE IN BUILDING D. WHEREAS, on November 1, 2001, the Iowa City Airport Commission and Jet Air, Inc. entered into a contract entitled "Iowa City Municipal Airport Fixed Base Operator's Agreement" for lease of space at the Iowa City Municipal Airport including all non-public areas of the first floor of the airport terminal building; and WHEREAS, the parties wish to amend said agreement to provide for Jet Air, Inc. to relinquish an office in the terminal building in exchange for office space in Building D; WHEREAS, the rent will not change; and WHEREAS, it is in the Commission's best interest to have an office in the terminal building and to amend said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign and the Secretary to attest to the Amendment to Fixed Based Operator's Agreement, a copy of which is attached and incorporated herein. Passed and approved this t C' day of r , 2005. CHAIRPERSON Approved by 1 ATTEST: , L.�f, < i,_ SE RETARY —'� City Attorney's Office It was moved by 54 a 1 e—/ and seconded by C Innes the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: v Clay Hartwig Robnett Staley Williams i ~ AMENDMENT TO FIXED BASE OPERATOR'S AGREEMENT WHEREAS, on November 1, 2001, the Iowa City Airport Commission and Jet Air, Inc. entered into a contract entitled "Iowa City Municipal Airport Fixed Base Operator's Agreement" for lease of space at the Iowa City Municipal Airport including all non-public areas of the first floor of Building "E," the airport terminal building; and WHEREAS, the Commission would prefer to move the Airport Manager's office from Building "D" to Building "E," and Jet Air, Inc. is willing to relinquish room #104 (a/k/a the "line room") in Building "E" in exchange for office space in the Building "D"; and WHEREAS, said agreement may be amended in writing. IT IS THEREFORE AGREED that 1. Paragraph 2a of said agreement is deleted in its entirety and the following new Paragraph 2a is substituted in lieu thereof: 2a. Building "E," to include first floor offices (Room # 103, 108, 115, 116, 117, and 118) and service counter (# 114), pilots lounge (#110), and vending machine room (#105). This does not include the public areas on the first floor or the entire second floor of the building or Room #104 (office space known as the "line room"). All utilities for Building E are to be paid by the Commission. 2. The following new paragraph 2f is added: 2f. Office in Building "D," which is not depicted on Exhibit A and which presently is the Airport Manager's Office. 3. All other terms of said agreement shall remain in full force and effect. JET AIR, INC. Date THE IOWA CITY AIRPORT COMMISSION Randall D. Hartwig, Chairperson Date Approved by a-a-c City Attorney's Office Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 0\ 0 S — C7 Go RESOLUTION APPROVING THE AIRPORT SECURITY PLAN. WHEREAS, it is in the Commission's best interest to have an airport security plans. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The plan entitled "General Aviation Airport Security Plan - Iowa City Airport (IOW) January 2005" is approved. 641:‘ Passed and approved this day of uO�J , 2005. ) c( CHAIRPERSON Approved ATTEST:cc SE._ RETARY City Attorney's Office It was moved by C) and seconded by c"5" ft the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Clay 7C Hartwig Robnett T Staley 7c Williams sue\airport\ResApproveSecPlan.doc s Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. f1O5 - 7 RESOLUTION APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH SNYDER & ASSOCIATES, INC. FOR TEMPORARY MANAGEMENT SERVICES. WHEREAS, on September 14, 2004, the Iowa City Airport Commission and Snyder & Associates, Inc. entered into a contract entitled "Consultant Services Agreement" to provide airport management services on a temporary basis at the Iowa City Municipal Airport; and WHEREAS, said agreement was amended on December 9, 2005; WHEREAS, the parties wish to amend said agreement by increasing the fee amount by $10,000 for a total of $27,000; and WHEREAS, it is in the Commission's best interest to amend said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign and the Secretary to attest to the Second Amendment to Consultant Services Agreement, a copy of which is attached and incorporated herein. Passed and approved this , day of t \c) v , 2005. CHAIRPERSON r Approved by \R_ ATTEST:, 4111511, °?'(( o� S RETARY City Attorney's Office It was moved by `)-4 Y and seconded by ` the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Clay Hartwig X Robnett Staley X Williams SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT WHEREAS, on September 14, 2004, the Iowa City Airport Commission and Snyder & Associates, Inc. entered into a contract entitled "Consultant Services Agreement" to provide airport management services on a temporary basis at the Iowa City Municipal Airport; and WHEREAS, said agreement was amended on December 9, 2005; WHEREAS, said agreement, as amended, provides that it shall terminate "12 months after it is signed by both parties or once the amount of fee paid ... has reached $17,000, ... whichever comes first;" WHEREAS, the fee to be paid is approaching $17,000; WHEREAS, the parties wish to amend said agreement by increasing the fee amount by $10,000 for a total of$27,000; and WHEREAS, said agreement may be amended in writing. IT IS THEREFORE AGREED that: The fee amount shall be increased by $10,000 such that the fee amount listed on the first page of said agreement, as amended, shall read "$27,000," and not"$17,000." All other terms of said agreement shall remain in full force and effect. SNYDER &ASSOCIATES, INC. Date THE IOWA CITY AIRPORT COMMISSION Randall D. Hartwig, Chairperson Date Attest: John Staley, Secretary Date Approved by ghtnaVgZO a4c-0C City Attorney's Office Prepared by: Susan Dulek, Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. - 05 -0 8 RESOLUTION APPROVING THE SCOPE OF SERVICES FOR RUNWAY 7-25 EXTENSION & PARALLEL TAXIWAY - GRADING ("PHASE 3 OF THE EARTH TECH ENGINEERING SERVICES AGREEMENT") AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST TO AN AGREEMENT INCORPORATING SAID SCOPE OF SERVICES. WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement" with Earth Tech on August 16, 2004 to provide engineering services for the runway 7-25 extension project; WHEREAS, said agreement consists of three (3) phases, but it only included the scope of services for Phase 1; WHEREAS, Part 1(A) of said agreement provides that the parties will enter into supplemental agreements for phases 2 and 3; WHEREAS, the scope of services for Phase 3 is attached to this resolution, marked Exhibit A, and incorporated herein; and WHEREAS, it is in the best interest of the Commission to enter into a supplemental agreement that incorporates Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Exhibit A is approved, and the Chairperson is hereby authorized to sign and the Secretary to attest to an agreement with Earth Tech that incorporates a scope of services in substantial compliance with Exhibit A. Passed and approved this 1 U day of rVc-or�k , 2005. (c1"Ttie•CHAIRPERSON Approv by _ 3 - g - ATTEST: �\ l�, ��►L�L . S 'ETARY City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll caIl there were: AYES: NAYS: ABSENT: Clay Hartwig ✓/ Robnett V/ Staley V Williams sue\airport\ResAppScopeSve.doc EXHIBIT "A" Scope of Services For Runway 7-25 Extension & Parallel Taxiway - Grading Proposed FAA AIP Project No.3-19-0047-11 A. Project Description The project is described as Phase 3 of the Extension of Runway 7-25 at the Iowa City Municipal Airport, Iowa City, Iowa. The project involves the grading for the 800-foot extension of Runway 7-25 and the grading for the full-length parallel taxiway to Runway 7-25. Also included in this project is the relocation of Dane Road. Previous phases of Runway 7-25 Extension as defined by the FAA are as follows: Phase I of Runway 7-25 Extension involved the development and processing of the Environmental Assessment Document. Phase 2 of Runway 7-25 Extension involved the scope of services in the base engineering agreement identified as Phase I of Runway 7-25 Extension, and includes the following elements. • Pavement Management Plan • Update the DBE Program • Historic&Environmental Documentation of the"United Hangar" • Design of Willow Creek Relocation • Preliminary Design of Dane Road Relocation and Runway 7-25 Extension Additional phases of work for the Runway 7-25 Extension and will be provided by supplemental agreement to this contract as federal funds become available and include the following. • Construction Services for Willow Creek Relocation • Bid Documents and Construction Services for Demolition of"United Hangar" • Construction Services for Dane Road Relocation • Construction Services for Grading of Runway 7-25 Extension with full-length parallel taxiway. • Final Design and Construction Services for paving and lighting of Runway 7-25 extension and parallel taxiway. • Final Design and Construction Services for rehabilitation of existing Runway 7- 25 including the relocation of the 25 threshold. • Identification and removal plans for remaining obstructions to Runway 7-25 Extension. B. General Project Scope 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, and other special services. Work in Phase 3 shall be divided into the following tasks: C. Final 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. 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, specifically the parallel taxiway. d. Field Survey — This task consists of a field survey to collect topographic, horizontal, and vertical data to assist in the preparation of the plans for the project, specifically the parallel taxiway. Property surveys are not included in this task. e. 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. f. Hydraulic Design — This task consists of the hydraulic analysis necessary to define the size the storm sewer required to carry the design storm flows from the infield areas and meet the requirements of the Flood Insurance Study for Willow Creek. This analysis will be coordinated with the other hydraulic evaluation and permitting that is being done for Willow Creek relocation. g. Final Design Documents —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: (I) 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 (9) Typical Sections (10) Geometric Layout (11) Removal Plans (12) Grading and Drainage Plans (13) Erosion Control Plans (14) Storm Sewer Plans and Profiles (15) Cross Sections h. 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. 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 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. j. 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. k. Users Conference - This task consists of assisting the Commission in a meeting with the airport users. The final design users' conference will include a presentation of the plans, the proposed schedule, the safety plan, and the project scheduling. 1. 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. m. 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. (3) Additional coordination meetings as required by the Commission and attended by the Project Manager. n. 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. o. Pre-Bid Conference—This task consists of attending and conducting a "Pre-Bid Conference"at the Project site for prospective bidders. p. Bid Document Interpretation — This task consists of answering bid document interpretation questions from bidders, preparing and issuing any required addenda. q. Grant Application — This task consists of assisting the Commission in preparation of grant application for Phase 3 of Runway 7-25 Extension. r. 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. Prepared by: Susan Dulek,Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. ' 1 - -- RESOLUTION ACCEPTING THE WORK FOR THE TREE REMOVAL (OBSTRUCTION REMOVAL) PROJECT. WHEREAS, the Commission's consultant for the obstruction removal project, Stanley Consultants Inc., has recommended that the work on the tree removal project by Peterson Contractors, Inc. be accepted; and WHEREAS, the final contract price is $14,790.00, which is the approved amount as there were no change orders. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Said improvements are hereby accepted by the Iowa City Airport Commission. L. Passed and approved this day of '*Q f , 2005. (Z,,E i l \I CHAIRPERSON Approved by ATTEST: , 'moi ._' �J► < ' ' ,v) RETARY City Attorney's Office It was moved by ST A L� and seconded by k) ,t-L t (t.t-i the Resolution be adopted, and upon roll call th�re were: AYES: NAYS: ABSENT: ;/ Hartwig Staley / Williams X Robnett . sue\airport\ResAccpetProjectPet.doc Prepared by: Susan Dulek,Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION APPROVING A HANGAR USE AGREEMENT WITH THE UNIVERSITY OF IOWA FOR SPACE IN BUILDING H. WHEREAS, the Iowa City Airport Commission and the University of Iowa wish to enter into an agreement for use of space in Building H at the Iowa City Municipal Airport; WHEREAS, the Commission and Gordon Aircraft, Inc. have an agreement to lease said space through December 31, 2006; WHEREAS, Gordon Aircraft, Inc. has agreed to terminate its agreement with the Commission on the condition that the Commission enter into a use agreement with the University of Iowa; WHEREAS, the use agreement with the University of Iowa is attached to this resolution and incorporated herein: WHEREAS, it is in the Commission's best interest to enter into said use agreement with the University of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign and the Secretary to attest to the Hangar Use Agreement, a copy of which is attached. Passed and approved this day of ' , �� , 2005. (.1" CHAIRPERSON Approved by ATTEST: o�'b�i'l � � SE ATTEST: ,--\411 City Attorney's Office It was moved by `-1 and seconded by W, k.t j the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Hartwig ✓ Staley ,/ Williams HANGAR USE AGREEMENT This HANGAR USE AGREEMENT ("Agreement") entered into by and between the Iowa City Airport Commission ("Commission") and the University of Iowa, ("University"). In consideration • of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: 1. Use of the Hangar Space. The Commission hereby grants an exclusive limited use license to University for hangar # 35 in Building H (Hangar Space) located at the Iowa City Municipal Airport (Airport) and described as follows: a 60' by 80' hangar with a 60' bi-fold door and 800 square feet of office space. The Hangar Space shall be used and occupied by University principally for research, which presently includes a flight simulator, and the storage of the following aircraft: Aircraft Make & Model: Beech A36 Bonanza Aircraft Registration Number: N23540 Aircraft Registered Owner Name: University of Iowa Registered Owner Home and Business Telephone Numbers: University of Iowa, 319 335 5722 University shall promptly notify the Commission in writing of any change in the information furnished above. University may request permission to store a substitute aircraft in the Hangar Space by making a written request to the Commission. In the event University is permitted to store a substitute aircraft in the Hangar Space, all provisions of this Agreement applicable to the Aircraft shall also be applicable to the substitute aircraft. 2. Term. The term of this Agreement shall commence on June 1, 2005 ("commencement date"), and shall end on the last day of the month of June, 2010. University shall have the option of an additional five (5) year term, if written notification is given to the Commission one hundred and twenty (120) days prior to the expiration of the original five-year Agreement. Fees will be reviewed and negotiated based on fair market value . for the additional five-year term if the option is requested. In the event University shall continue to occupy the Hangar Space beyond the term of this Agreement without executing an Agreement for another term, such holding over shall not constitute a renewal of this Agreement but shall be on a month-to-month basis only. 3. Fees. For the use of the Hangar Space, University shall pay the Commission the amount of $1,330.00 per month. A 1.5%-late fee (which is $19.90 per day) for Fees not received by the Commission will be charged after the fifteenth (15) day of each month. 4. Deposit. At the time of execution of this Agreement, University shall pay to the Commission in trust the sum of one month's Fees to be held as a deposit. In the event that the University renews the Agreement, the deposit will be held for the next Agreement term. If the University does not renew the Agreement, the Commission shall return the deposit to the University, less any amounts due the Commission for Fees and damages to the Hangar Space. 5. Use of the Hangar Space. 2 a. The Hangar Space shall be used primarily for aircraft storage consistent with . federal regulations and all uses in the Minimum Standards b. University may park a car(s) in the Hangar Space during such time that University is using the Aircraft. c. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. d. No other commercial activity other than aircraft storage shall be conducted by University in, from or around the Hangar Space unless approved by the Commission or previously approved. e. University shall take steps to ensure that the performance of any approved activity shall not damage the Hangar Space or the Airport. f. University has non-exclusive use of the 10,000-gallon underground fuel tank west of Building H. The Commission will be responsible for maintenance and insurance for the fuel tank, but after consultation with University, may remove the tank if it becomes, at the Commission's sole discretion, cost-prohibitive to maintain. The Commission shall give the Univiersity ninety (90) days notice before the tank is removed, and the University shall have the option within those ninety (90) days to assume all maintenance and insurance costs in lieu of removal: The tank is to be used by University or permanent hangar #35 users. No fuel is to be resold. Any licensee using the fuel tank must purchase their own fuel and have it delivered to the tank. A $.10 per gallon fuel flowage fee will be paid to the Commission no later than thirty (30) days after the delivery of the fuel. A copy of the fuel delivery ticket is to be received by the Commission no later than seven (7) days after the fuel delivery. g. University 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. University shall keep the Hangar Space clean and free of debris at all times. h. In utilizing the Hangar Space during the term of this Agreement, University shall comply with all applicable ordinances, rules, and regulations established by federal, state or local government agencies. At no time shall University start or run an Aircraft engine(s) within the Hangar or Hangar Space. j. On the termination of this Agreement, by expiration or otherwise, University 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. k. University shall be liable for any and all damage to the Hangar or to the Hangar Space caused by its use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to doors due to University's improper or negligent operation. University agrees, at its own expense, to pay for the monthly costs of all utilities for the Hangar Space. University is responsible for its own refuse disposal. 6. Rights and Obligations of University. a. University 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 2 3 Hangar Space free and clear of all hazards and obstructions, natural or manmade. b. University shall be responsible to maintain the interior of the hangar and office space, to include, but not limited to janitorial services, maintaining all interior lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the apron adjoining the Hangar Space, disposing of any debris or waste materials, and maintaining any University constructed structures and equipment. The Commission may change the automatic locking mechanism on the bi-fold door. The Commission shall be the sole judge of the due maintenance undertaken by the University, 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 University shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. c. University shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. Extinguisher must be mounted and be rated at least 2A 40BC. d. University shall not store any materials outside the Hangar Space. e. University 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 University's use and enjoyment of the Hangar Space. c. In no event, shall the Commission be required to maintain or repair damage caused by the negligent or willful act of University, its employees of agents. However, if due to any negligent or willful act by the University, its employees or agents, there is a need for maintenance or repair of damage, then University shall do 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 two. (2) feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of the University. e. The Commission shall ensure appropriate grounds keeping is performed year round. 8. Assignment. University shall not assign this Agreement without the prior written approval of the Commission. It is acknowledged that University has been approved to assign office and hangar space to the University of Iowa Operator Performance Laboratory for operation of an aircraft simulator and associated equipment. 9. Condition of Premises. 3 4 University 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. 10. Alterations. University 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 Agreement, however terminated, without compensation or payment to University. 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 4556.411 (2003), may be stored, located, or contained in the Hangar Space without the Commission's prior written approval and be in proper storage containers. b. University 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. 12. Special Events. During special events at the Airport, University 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. University's failure to comply with the altered procedure is a default of this Agreement, and the Commission may proceed to terminate this Agreement. 13. Airport Rules and Regulations. University agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30-days notice to terminate this Agreement. Commission shall provide University with a copy of said 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 Agreement upon at least 24 hours notice to the University for any purpose necessary, incidental to or connected with the performance of its obligations under the Agreement 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 University after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the University's use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected annually. If upon execution of this Agreement, the University wants to change the lock to the Hangar Space, it shall provide written notice to the Commission before it does so and shall provide a key to the Commission within twenty-four hours of changing the lock. • 15. Insurance. a. The University of Iowa is an agency of the State of Iowa and as such, is self- insured for liability. Claims against the State of Iowa are handled as provided in 4 5 the Iowa Tort Claims Act (Iowa Code Chapter 669) which also sets forth the procedures by which tort claims may be brought. b. Commission shall provide and maintain Commercial General Liability insurance with a minimum limit of$1,000,000 per occurrence, including contractual liability. Such insurance shall be issued by insurance companies duly authorized to engage in the insurance business in the State of Iowa, with an A.M. Best's rating of A-, VII or better. c. Commission shall provide the appropriate certificate(s) of insurance to the University at the following address: University of Iowa Risk Management Attn: Kathryn Kurth 305 Plaza Centre One Iowa City, Iowa 52242-2500 d. Commission shall provide 30 days notice to University for canceled or non- renewed policies. 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 Fees payable hereunder shall not abate • provided that the Hangar Space is not rendered unuseable by such damage. If the Hangar Space is rendered unuseable and Commission elects to repair the Hangar or Hangar Space, the Fees shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts or omissions of University, its employees, agent or invitees, in which case the Fees shall not abate. If the Hangar or Hangar Space is rendered unuseable and Commission elects not to repair the Hangar or Hangar Space, this Agreement shall terminate. 17. Responsibility. University agrees to be responsible for all claims and damages, including reasonable attorney fees, that directly result from the negligent acts or omissions of the University, its employees, or agents to the extent permitted by Iowa Code Chapter 669. The Commission shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, 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 University 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 University, its employees, or agents during the term of this Agreement, including, but not limited to, loss, damage or injury to the Aircraft or other property of University 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 5 6 profits or other damage related to the usage of the Hangar Space under this Agreement. 19. Attorney Fees. If the either party files an action in district court to enforce its rights under this Agreement and if judgment is entered against the other party, the other party shall be liable to and shall pay for the attorney fees incurred in enforcing the Agreement and in obtaining the judgment. 20. Event of Default. This Agreement shall be breached if: (a) University fails to make the Fee payment; or (b) University 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. Upon the default by University, or at any time thereafter during the continuance of such default, the Commission may take any of the following actions and shall have the following rights against University: a. Termination. Commission may elect to terminate the Agreement by giving no less than thirty (30) days prior written notice thereof to University and upon passage of time specified in such notice, this Agreement and all rights of University hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and University shall remain liable as provided in this paragraph. b. Commission shall have the immediate right upon Termination of this Agreement to bring an action for forcible entry and detainer. c. University to remain liable. No termination of this Agreement pursuant to this paragraph, by operation or otherwise, and no repossession of the Hangar Space or any part therof shall relieve University of its liabilities and obligations hereunder, all of which shall survive such Termination. d. Damages. In the event of any occurrence of an Event of Default caused solely by the University, University shall pay to the Commisison the Fees and other sums and charges required to be paid by University for the period to and including the end of the Term. In the event of any occurrence of an Event of Default not caused solely by the University or for any other cause for Termination of this Agreement, University shall only pay such Fees and charges for the period to and including the date of Termination. 21. Security. University 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 Agreement, and University agrees that the Commission shall not be liable for any damages to University that may result from said non-compliance. 22. Thirty (30) Days Termination. Either party to this Agreement shall have the right, with cause, to terminate this Agreement by giving thirty (30) days' prior written notice to the other party. 24. FAA Provisions. a. 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 6 7 Section 308 of the Federal Aviation Act of 1958. This Agreement 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. University acknowledges and agrees that the rights granted to University in this Agreement will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport b. The Commission reserves the right (but shall not be obligated to University) to maintain and 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 University in this regard. c. 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 University, and without interference or hindrance. d. 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 University 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. e. 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. f. It is understood and agreed that the rights granted by this Agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. g. 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. h. The Agreement 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 Agreement 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. 7 8 26. Notices. Any notice, for which provision is made in this Agreement, 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 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. If to the Commission, addressed to: Iowa City Airport Commission Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 If to University, addressed to: University of Iowa University Business Manager Suite 305 Plaza Center One Iowa City, Iowa 52242 27. This section intentionally left blank. 28. Integration. This Agreement constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the use 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 Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 30. Successors Bound. This Agreement 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 Agreement, the entire Agreement 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. IOW CITY AIRPORT COMMISSION Approved: ► ( -0 . Title: Randall D. Hartwig, Chairperson City Attorney's Office Date: ' I D - b5 Attest: John Staley, Secretary 8 9 UNIVERSITY OF IOWA By: Title: Business Manager Date: 9 Prepared by: Susan Dulek,Asst. City Attorney, 410 E.Washington Street, Iowa City, IA 52240(319)356-5030 RESOLUTION NO. A -0c I RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST TO AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. WHEREAS, the Iowa City Airport Commission, the Iowa City City Council, and NAI Iowa Realty Commercial have entered into a listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park; WHEREAS, the parties subsequently twice extended the Listing Agreement, which will expire on July 22, 2005; and WHEREAS, it is in the best interest of the Commission to approve the attached Third Amendment to Listing Agreement, which will extend the term by another six months. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is authorized to sign the attached Third Amendment to Listing Agreement in a form that is in substantial compliance with . Passed and approved this I day of —J 2005. CHAIRPERSON QQ Approved by ATTEST: -NVQ,. - r 31c-) ERETARY City Attorney's Office It was moved by and seconded by (el the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: V Farris Hartwig Horan Staley Williams • Prepared by:Susan Dulek,Assistant City Attorney,410 E.Washington St.,Iowa City,IA 52240,(319)356-5030 RESOLUTION NO. A05-12 RESOLUTION SETTING A PUBLIC HEARING ON AUGUST 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A BOX CULVERT AND WILLOW CREEK IMPROVEMENTS PROJECT (PHASE 1), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE IOWA CITY, IOWA AIRPORT COMMISSION: 1. That a public hearing on the plans, specifications, form of contract, and 9stimate of cost for the construction of the above-mentioned project is to be held on theay of August, 2005, at 30).m. in Iowa City Airport Terminal Building, 1801 S. Riverside Drive, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the Airport Commission thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Chairperson in the office of the City Clerk for public inspection. Passed and approved this dayof ‘t� , 20 � . �T ?e, , ID, t,t/o., CHAIRPERSON Approved by ATTEST: - SE .i City Attorney's Office airport/bid documents/setphboxculvert.doc It was moved by urAN, 15 and seconded by \--6"""‘q"^ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris Hartwig Horan x Staley X Williams f *.,. Prepared by:Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City,IA 52240,(319)356-5030 RESOLUTION NO.A05-13 RESOLUTION SETTING A PUBLIC HEARING ON AUGUST 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF EARTHWORK NECESSARY FOR THE CONSTRUCTION OF RUNWAY EXTENSION INCLUDING LIMITED CLEARING AND GRUBBING PROJECT (PHASE 2), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE IOWA CITY, IOWA AIRPORT COMMISSION: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1- +day of August, 2005, at x'•30 a.m. in Iowa City Airport Terminal Building, 1801 S. Riverside Drive, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the Airport Commission thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Chairperson in the office of the City Clerk for public inspection. Passed and approved this ~ day of , 20 v S . -D 101-2/.t- CHAIRPERSON C roved by ATTEST: SECRET RAtl--)' A( City Attorney's Office airport/bid documents/setphearthwork.doc I - " It was moved by t 5 and seconded by 4774 `^ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris Hartwig Horan X Staley ?C Williams X Prepared by:Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. A05-14 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A BOX CULVERT AND WILLOW CREEK IMPROVEMENTS PROJECT (PHASE 1), ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Iowa City Airport Commission. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 2:00 p.m. on the 22nd day of August, 2005, or at a later date and/or time as determined by the Commission Chairperson or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the Commission Chairperson or his designee, and thereupon referred to the Airport Commission , for action upon said bids at its next meeting, to be held at the Iowa City Airport Terminal Building, 1801 S. Riverside Drive, Iowa City, Iowa, at • on the . -qday of August, 2005, or at a later date and/or time as determined by the Commission Chairperson or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the Airport Commission thereafter as posted by the City Clerk. O � Passed and approved this day of 11\-\-k 14 S r 20 OC. • 2\-1-,S--,•• I 1. CHAIRPERSON Approved by ATTEST: ; a \4 , �'a�ay RETARY City Attorney's Office airport/bid documents/boxculvertapprovplans.doc It was moved by b-rn 5 and seconded by 57 A',-+t`r the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris ✓ Hartwig ✓ Horan ✓ Staley J� Williams w Prepared by:Susan Dulek,Assistant City Attorney.410 E.Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. A05-15 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF EARTHWORK NECESSARY FOR THE CONSTRUCTION OF RUNWAY EXTENSION INCLUDING LIMITED CLEARING AND GRUBBING PROJECT (PHASE 2), ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Iowa City Airport Commission. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 2:00 p.m. on the 22nd day of August, 2005, or at a later date and/or time as determined by the Commission Chairperson or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the Commission Chairperson or his designee, and thereupon referred to the Airport Commission , for action upon said bids at its next meeting, to be h Id at the Iowa City i irportTerminal Building, 1801 S. Riverside Drive, Iowa City, Iowa, at _ on the -"`day of August, 2005, or at a later date and/or time as determined by the Com ission Chairperson or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the Airport Commission thereafter as posted by the City Clerk. S Passed and approved this day of , 20 0 ( ( `J 101-4, CHAIRPERSON Approved by_ ATTEST: ! RETARY City Attorney's Office airport/bid documents/boxculvertapprovplans.doc 1 It was moved by U I IAA wt c and seconded by 1.8-614,1 S the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris V Hartwig ✓ Horan Staley Williams Prepared by: Susan Dulek, Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. A05-16 RESOLUTION RESCINDING RESOLUTION NO. A-05-'15 REGARDING PLANS AND SPECFICATIONS, FORM OF CONTRACT AND BID AMOUNT AND ADVERTISING FOR BIDS FOR EARTHWORK CONSTRUCTION FOR THE RUNWAY 7/25 EXTENSION PROJECT (PHASE 2). WHEREAS, on August 8, 2005, the Iowa City Airport Commission approved Resolution No. A- 05-15 approving plans and specifications, form of contract, bid amount, and authorizing advertising for bids for earthwork construction on runway 7/25 project (Phase 2); WHEREAS, the FAA has subsequently informed the Commission that grant funds for said project will not be available in fiscal year 05; and WHEREAS, Resolution No. A-05-15 should be rescinded because the grant money is not available. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Resolution No. A-05-15 is rescinded. Passed and approved this day of A143 U , 2005. 0 /7 • CHAIRPERSON Approved ATTEST: SECRETARY City Attorney's Office It was moved by FU V(I i and seconded by 6 k the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: V Farris w% Hartwig ti Horan Staley V Williams Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO, A05-17 RESOLUTION APPROVING CONSULTANT AGREEMENT WITH EARTH TECH FOR GENERAL PROFESSIONAL SERVICES WITH EACH PROJECT TO BE APPROVED SEPARATELY VIA A "PROJECT TASK ORDER." WHEREAS, Earth Tech has proposed entering into a Consultant Agreement with the Iowa City Airport Commission for professional services for specific projects on an "on call" basis;" WHEREAS, the scope of services, schedule, and compensation would be agreed to by means of approving a separate task order for each project; and WHEREAS, it is in the best interest of the Commission to enter into such an agreement. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is authorized to sign the Consultant Agreement, a copy of which is attached to this resolution and incorporated herein. Passed and approved this I. I day of ()NC) U C-/- , 2005. q- ,\,s2. 1 ( I) I --)-C- 1-- CHAIRPERSON Approved by 72 A ATTEST: /—Lt'' C t -USS SECRETARY City Attorney's Office It was moved by V, 4, ' , and seconded by "�'`� t^ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: V Farris Hartwig Horan ✓ Staley Williams ® EarthTech 501 Sycamore Street P 319.232.6531 Suite 222 F 319.232.0271 A Tyco International Ltd.Company Waterloo, IA 50703 www.earthtech.com CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, by and between the Iowa City Airport Commission, hereinafter referred to as the Client and Earth Tech, Inc., of Des Moines,Iowa,hereinafter referred to as the Consultant. WHEREAS, the Client desires the Consultant to assist with professional services for future projects at the Iowa City Municipal Airport,Iowa City, Iowa. NOW THEREFORE, it is agreed by and between the parties hereto that the Client does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the Client,and to do so in a timely and satisfactory manner. A. Project Description This Agreement between the Client and Consultant is a General Engineering Agreement to allow the Consultant to assist the Client with professional services for future projects at the Iowa City Municipal Airport, Iowa City, Iowa. The project description will be defined by a Project Task Order for each project authorized. B. Scope Services to be provided under this Agreement are as follows: 1. Professional services on an "on call" basis without a separate agreement for each request. 2. Services will be provided when requested by the Client and at the level of service the Client desires. 3. Project Description, Scope of Services, Project Schedule and Compensation would be provided by Consultant for each project as a Project Task Order to be approved by the Client. 4. A formal engineering agreement will be prepared on those projects which scope, fees or funding sources require such. The Client or Consultant may request such an agreement be prepared. • f C. Client's Responsibilities Client, at its expense, shall do the following in a timely manner so as not to delay the Services. 1. Information/Reports Furnish Consultant available information needed for each Project, all of which Consultant may rely upon without independent verification in performing the Services. 2. Representative Designate a representative for each 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. 3. Decisions Provide all criteria and full information as to Client requirements for each Project, obtain (with Consultant'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 Consultant to perform the Services. II. TIME OF COMPLETION The Consultant shall complete the professional services for each Project as defined in the Project Task Order. M. 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,gender identity,or sexual orientation. 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, gender identity,or sexual orientation. B. Should the Client terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the total -2- I amount listed in each Project Task Order. 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 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 Projects shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Projects. E. It is agreed by the Client that all records and files pertaining to information needed by the Consultant for the project shall be available by said Client upon reasonable request by 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. At the request of the Client, the Consultant shall attend meetings of the Airport Commission relative to the work set forth in this Agreement. 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 basic notes and sketches, charts, computations, and 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 the Client's use of such documents on other projects. I. The Consultant agrees to furnish 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 Projects 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 contract drawings shall become the property of the Client. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Reuse of such drawings on other projects without the written consent of Consultant shall be without liability to the Consultant and at the sole risk of the user. -3- J M. Fees paid for securing approval of authorities having jurisdiction over the Projects 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 Iowa 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. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the Client in the sum of$1,000,000. IV. COMPENSATION FOR SERVICES Client shall pay Consultant 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 for each Project Task Order shall be defined and approved in said Project Task Order. B. The nature of engineering services of each Project Task Order may be such that actual costs are not completely determinable in advance. Therefore, it is possible Consultant's actual costs may exceed those shown in each Project Task Order. A contingency amount may be established for each Project Task Order to provide for actual costs,which exceed those estimated. If, at any time during the work, Consultant 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. Consultant shall not exceed the estimated actual costs without the prior written approval of the Client. C. In some cases, compensation may be on some other agreed-to basis, such as a lump sum fee. The alternate method of compensation will be agreed to by both parties as part of the Project Task Order. D. Consultant 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 Consultant. Unless Client provides Consultant 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. 4- • • V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement,that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CLIENT FOR THE CONSULTANT IOWA CITY AIRPORT COMMISSION EARTH TECH,INC. By: By: Joe A.Becker Title: Title: Vice President Date: Date: August 9,2005 L:\work\ADMIN\AGREE\PROF\IowaCityAirportProjects.doc City Attorney's Office -5- Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. A05-18 RESOLUTION APPROVING "PROJECT TASK ORDER NO. 1" WITH EARTH TECH FOR T-HANGAR FLOOR INSTALLATION IN BUILDINGS B AND C. WHEREAS, the Iowa City Airport Commission and Earth Tech entered into a Consultant Agreement with the Iowa City Airport Commission for professional services for specific projects on an "on call" basis;" WHEREAS, said agreement provides that the scope of services, schedule, and compensation would be agreed to by means of approving a separate task order for each project; WHEREAS, Earth Tech proposes a task order to install concrete floors in the t-hangars in Buildings C and D; and WHEREAS, it is in the best interest of the Commission to approve "Project Task Order No. 1," a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: "Project Task Order No. 1," a copy of which is attached, is approved and the Chairperson is authorized to sign it. Passed and approved this \ 1 }�� day of A,„ „s I---- 2005. ').\• CHAIRPERSON 477 Approved by ""j ATTEST: SECRETARY. City Attorney's Office It was moved by 1'\bwtt, and seconded by t 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris Hartwig Horan V Staley Williams L EarthTech 501 Sycamore Street 319.232.6531 22 Suite 222 F 319.232.0271 A Tyco International Ltd.company Waterloo, IA 50703 www.earthtech.com T-HANGAR FLOOR INSTALLATION IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA PROJECT TASK ORDER NO. 1 Project Description The project is described as the installation of concrete floors in the two t-hangar buildings know as Buildings "B"and"C."This project will be funded through an Iowa Department of Transportation grant. Scope of Services The work to be performed by the Consultant includes the following tasks: 1. 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, 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 dimensional sketches on each of the t-hangar areas. The Client shall coordinate with lease holders of each of the t-hangar units so that the Consultant can gain access to these in a timely manner for the purpose of survey and photographic documentation of the hangar space. 2. 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 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 Iowa Department of Transportation and Central Region Federal Aviation Administration requirements in effect at the time the plans are prepared. This task includes the preparation of the following: (a) Title Sheet and Schedule of Drawings (b) Legend, General Notes and Schedule of Quantities (c) Safety and Sequencing Plans (d) T-Hangar Floor Plans and Details 3. Final Project Specifications - This task consists of the preparation of specifications for the project. The specifications will be in compliance with current Iowa Department of Transportation and Federal Aviation Administration requirements in effect at the time the specifications are prepared. 4. Estimate of Probable Construction Cost — This task consists of the preparation of an estimate of construction costs based upon the plans and specifications. This statement of probable construction cost prepared by the 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 Client 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. 5. 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. 6. Bid Assistance — This task consists of assisting the Client in advertising for and receiving bids, analyzing the bids received and preparing a recommendation to the Client for award of contract. 7. Pre-Bid Conference — This task consists of attending and conducting a "Pre-Bid Conference" at the Project site for prospective bidders. 8. Bid Document Interpretation—This task consists of answering bid document interpretation questions from bidders,preparing and issuing any required addenda. 9. Grant Administration —This task consists of the review and approval of contractor pay requests for work completed and coordination with the Iowa Department of Transportation for reimbursement of funds expended by the Iowa City Airport Commission related to this project. 10. Resident Review -This task consists of limited on-site construction review at key critical construction operations to observe construction operations to determine compliance with contract documents. Site reviews will be documented in a construction journal. Coordination with airport tenants related to this project will be the responsibility of the Client. 11. 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 as well as preparation of up to 20 sets of contract documents for distribution to Commission,IDOT,plan rooms, suppliers and potential bidders. The anticipated level of effort for this Scope of Services is defined by the following staff-hour estimate: ■ a Senior Project Staff CADD Project Item No. Professional Professional Professional Operator Technician Support Total 1 10 8 18 2a 2 2 2b 2 2 4 2c 2 4 6 2d 2 8 10 3 4 4 8 4 2 2 5 2 2 6 2 2 7 4 2 6 8 4 2 6 9 2 4 6 10 16 16 11 4 8 12 Total Design Services 6 18 20 24 16 16 100 Compensation A. Compensation for services defined in this Project Task Order shall be on an hourly basis with an estimated cost of Nine Thousand Five Hundred Dollars($9,500.00). B. A contingency amount of One Thousand Dollars($1,000.00)is established for this Project Task Order. General Conditions Except as specifically amended by this agreement, services shall be provided in accordance with the Consultant Agreement for the Iowa City Municipal Airport between the Iowa City Airport Commission and Earth Tech, Inc.,dated ,2005. APPROVED APPROVED IOWA CITY AIRPORT COMMISSION EARTH TECH, INC. By ByZ a Joe A.Becker Date Date August 9,2005 L:lwork\ADM IN\AGREE\PROFllowaCityT-Hangar.doc Approved By -(C) -oS City AttornP• ' '" Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. A05-19 RESOLUTION APPROVING "PROJECT TASK ORDER NO. 2" WITH EARTH TECH FOR PAVEMENT REHABILITATION IN NORTH T-HANGAR TAXI LANES AND WEST TERMINAL APRON. WHEREAS, the Iowa City Airport Commission and Earth Tech entered into a Consultant Agreement with the Iowa City Airport Commission for professional services for specific projects on an "on call" basis;" WHEREAS, said agreement provides that the scope of services, schedule, and compensation would be agreed to by means of approving a separate task order for each project; WHEREAS, Earth Tech proposes a task order for pavement rehabilitation in north t-hangar taxi lanes and west terminal apron. WHEREAS, it is in the best interest of the Commission to approve "Project Task Order No. 2," a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: "Project Task Order No. 2," a copy of which is attached, is approved and the Chairperson is authorized to sign it. r Passed and approved this 1 1 - day of �� 5 , 2005. CHAIRPERSON Approved by ATTE : S CS—(0 -0C SEGRARY` City Attorney's Office It was moved by ' and seconded by (c the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: V Farris Hartwig V Horan Staley Williams EarthTech 501 Sycamore Street P r Suite 222 319.232.6531 F 319.232.0271 ATyco International Ltd.Company Waterloo, IA 50703 www.earthtech.com PAVEMENT REHABILITATION T-HANGAR TAXI LANES AND WEST TERMINAL APRON IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA PROJECT TASK ORDER NO. 2 Project Description The project is described as the 2005 Pavement Rehabilitation of the North T-Hangar Taxi Lanes and the West Terminal Apron at the Iowa City Municipal Airport, Iowa City, Iowa. The project involves the removal and replacement of the existing asphalt pavement between the T-Hangar Taxi Lanes and removal and replacement of approximately 2-inches of asphalt pavement on the West Terminal Apron. This project will be funded through an Iowa Department of Transportation grant. Scope of Services The work to be performed by the Consultant includes the following tasks: 1. 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. Base mapping will be prepared to show 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. 2. 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 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: (a) Title Sheet and Schedule of Drawings (b) Legend, General Notes and Schedule of Quantities (c) Safety and Sequencing Plans (d) Existing Conditions and Removal Plans (e) Typical Sections (f) Grading and Drainage Plans 3. Final Project Specifications - This task consists of the preparation of specifications for the project. The specifications will be in compliance with current Iowa Department of Transportation and Federal Aviation Administration requirements in effect at the time the specifications are prepared. 4. Estimate of Probable Construction Cost — This task consists of the preparation of an estimate of construction costs based upon the plans and specifications. This statement of probable construction cost prepared by the 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 Client 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. 5. Engineering Report —This task consists of the preparation of an engineering report that relates to the Client 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. 6. 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. 7. Conferences and Meetings - This task consists of progress meetings 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 progress meetings may be called by the Client or Consultant and anticipate to be held at the office of the Client. 8. Bid Assistance — This task consists of assisting the Client in advertising for and receiving bids, analyzing the bids received and preparing a recommendation to the Client for award of contract. 9. Pre-Bid Conference — This task consists of attending and conducting a "Pre-Bid Conference" at the Project site for prospective bidders. 10. Bid Document Interpretation—This task consists of answering bid document interpretation questions from bidders,preparing and issuing any required addenda. 11. Grant Administration —This task consists of the review and approval of contractor pay requests for work completed and coordination with the Iowa Department of Transportation for reimbursement of funds expended by the Iowa City Airport Commission related to this project. 12. Resident Review - This task consists of limited on-site construction review at key critical paving operations to observe construction operations to determine compliance with contract documents. Site reviews will be documented in a construction journal. Coordination with airport tenants related to this project will be the responsibility of the Client. .v 13. 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 as well as preparation of up to 20 sets of contract documents for distribution to Commission,IDOT,plan rooms, suppliers and potential bidders. The anticipated level of effort for this Scope of Services is defined by the following staff-hour estimate: Senior Project Staff CADD Project Item No. Professional Professional Professional Operator Technician Support Total 1. 4 22 16 16 58 2a. 2 2 2b. 4 4 8 2c. 4 8 12 2d. 6 10 16 2e. 2 4 6 2f. 2 4 16 16 38 3. 12 16 28 4. 2 2 5. 2 2 4 8 6. 2 2 7. 8 8 8. 2 4 6 9. 4 4 10. 4 8 4 16 11. 8 8 16 12. 40 40 13. 4 16 20 Total Design Services 8 52 66 64 56 44 290 Compensation A. Compensation for services defined in this Project Task Order shall be on an hourly basis with an estimated cost of Twenty-Six Thousand Five Hundred Dollars($26,500.00). B. A contingency amount of Two Thousand Six Hundred Dollars($2,600.00) is established for this Project Task Order. General Conditions Except as specifically amended by this agreement, services shall be provided in accordance with the Consultant Agreement for the Iowa City Municipal Airport between the Iowa City Airport Commission and Earth Tech, Inc., dated ,2005. APPROVED APPROVED IOWA CITY AIRPORT COMMISSION EARTH TECH,INC. By By 4 2-e--144--- Joe A_Becker Date Date August 9,2005 L:lwork\ADMIN\AGREE\PROFUowaCityTaskOrder2.doc roved By City Attorney's Office Prepared by: Susan Dulek, Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. A 65 r a 0 RESOLUTION APPROVING PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH FARMERS NATIONAL COMPANY FOR FARM MANAGEMENT SERVICES. WHEREAS, on August 24, 1982, the Iowa City Airport Commission and Doane-Western, Inc. entered into a contract entitled "Management Agreement" to manage farm land at the Iowa City Airport; and WHEREAS, Farmers National Company is the successor in interest to Doane-Western, Inc; and WHEREAS, said agreement has been renewed automatically each year on October 1; WHEREAS, Farmers National has approached the Commission and is requesting that it enter into a new and updated agreement to continue to manage approximately 230 acres of land to be used to grow crops; and WHEREAS, it is in the Commission's best interest to enter into an agreement with Farmers National, Inc., in substantial compliance with the attached Professional Management Services Agreement, including the handwritten changes noted by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Upon the direction of the City Attorney's office, the Chairperson is hereby authorized to sign an agreement in substantial compliance with the attached agreement. .tk S bev Passed and approved this day of , 2005. riZA i ( CHAIRPERSON Appro � v by E ATTEST:h- e'i1'1� k4-„^� 1�.L��� -*.b.,,,,„_\1m,„, 5 -o� . 0 CRETARY City Attorney's Office It was moved by r5" and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Farris Hartwig Horan v- Staley �% Williams Farmers National ©�Company TM FNC Farm #73948 Farm Name: Airport Bruce Ahrens,Accredited Farm Manager Professional Management Services Agreement I General (10- wa v portCo v., v.4 Ess t tri.\ 1 This Professional Management Services Bement("The Agreement')is entered into between Farmers National Company, ("Farmers National"), and the e:: :: . : .•: : • -• •. :":: --..-• ("Clients.") Farmers National is a Nebraska Corporation whose corporate offices are located at 11516 Nicholas Street, Suite 100, Omaha,Nebraska, 68154. The Clients are more fully identified on the Client Information sheet, attached The property subject to this Agreement("The Property")is described under the Legal Description, attached. The parties acknowledge and agree that the terms of this agreement may only be changed by the mutual agreement of the parties,in writing. The parties also agree that whenever any of the information contained in this Agreement,or any of its attachments,changes,they will promptly notify the other party in writing. The notification of changes made to Fanners National shall be made to the Customer Service Department at the address set forth above. The Agreement or the appropriate attachment(s)hereto,shall be modified to reflect any such changes. Professional Management Services Farmers National is duly licensed and qualified to provide Professional Property Management Services for the Clients. The Clients desire Farmers National to provide such services under the terms and conditions set forth herein. Such services shall include,but shall not necessarily be limited to those set out in the Professional Management Services section, attached. The parties acknowledge that this Agreement does not attempt to include all of the details relative to the Professional Management Services provided to the Clients,but it is intended to provide a general understanding of the duties and responsibilities of the parties. Term of Agreement This Agreement shall take effect on the date set forth below,and shall remain in full force and effect thereafter until terminated in writing by either party,by giving the other party advance written notice of termination between August 1st and September 30th of any calendar year. Such notice shall cause the Agreement to be terminated effective March 1st of the following calendar year,unless otherwise mutually agreed between the parties. If this Agreement is terminated by the Clients,they agree that,for a period of one year following the effective date of termination,they will not directly or indirectly enter into a management agreement or similar relationship with any employee or former employee of Farmers National. This limitation shall apply only to employees or former employees of Farmers National who have personally participated in providing management services to the Clients during the term of this Agreement. -1- Agency Relationship It is mutually understood and agreed that the relationship between the Clients and Farmers National shall be that of Principal and Agent. The Clients acknowledge having been provided with the Agency Relationship Disclosure that accompanies this Agreement. The relationship of Principal and Agent shall be limited to the particular Management Services contracted for hereunder. As so limited,the duties,responsibilities,and authorities of the parties hereto shall be governed by the Laws of Principal and Agent in effect in the state where the Property is located. Management Fees Management Fees will be based upon the type of management service selected by the Clients. There is a flat fee arrangement for Tailored Management Professional Agricultural Services and a percentage fee arrangement for Complete Professional Agricultural Management Services. The Clients shall designate the preferred arrangement on the Management Fee schedule attached hereto,and incorporated herein. Percentage Fees The Clients agree to terms and conditions set forth in Attachment 1 if complete Professional Agricultural Management Services is selected Clients agree to pay Farmers National a base fee. Base fees are structured upon the anticipated ongoing volume of management activities to be performed. The base fee to be paid by the Clients is set out under the Complete Professional Agricultural Management Services attached. The Clients agree to pay Farmers National percentage fees based on the gross farm income and are charged in addition to the base fees. Percentage fees are charged and collected as income is received. All income is to be paid directly to Farmers National so that it can be properly accounted for. Percentage fees are based upon the lease type or operating arrangement utilized on the Property during the farm year, and is set out under the Complete Management Services attached. If this Agreement is terminated,the Clients agree to make a final percentage fee payment to Farmers National, based upon the estimated inventories of crops and/or livestock as of the effective date of termination. The final percentage fee shall be due and payable on or before the effective date of termination. In the event the Property is sold and the transaction is closed during the term of this Agreement,management fees shall be prorated to the date of closing. Flat Fee The Clients agree to the terms and conditions set forth in Attachment 2 if a Tailored Professional Agricultural Management Service is selected: The Clients agree to pay Farmers National an agreed upon flat fee to perform the specific agricultural services set forth on the Tailored Agricultural Management Services sheet attached hereto and incorporated herein. The Clients acknowledge that this fee is based upon an estimate of the time to be required in providing the services selected by the Client, and the hourly rates determined by Farmers National. A flat fee shall be determined for each farm year(March 1 to February 28)that this Agreement is in effect. While the fee may remain the same for subsequent farm years,the Clients understand and acknowledge that Farmers National may determine that a fee adjustment may be necessary for future farm years. If Farmers National determines that an adjustment is necessary,they shall notify the Clients in writing,between August 1st and September 30th. If the parties are unable to agree upon the fees to be charged during the upcoming farm year, this agreement shall be terminated effective March 1st of the following year. Flat fees shall be billed to the Clients, at times mutually agreed upon between parties, and set forth on the Tailored Management Services schedule. The Clients may add additional Tailored Management Services during the term of this Agreement. If they do so, the parties will agree upon an additional flat fee to cover the additional services to be provided by Farmers National. -2- Accounting Farmers National will perform all of the accounting associated with the management of the Property,in conformity with its usual and customary accounting practices,and in accordance with any specific guidance provided by the Clients on the Special Accounting Instructions sheet, attached. Specialized or customized accounting activities may be subject to an extra charge. It is mutually understood and agreed that whenever Farmers National Company pays for items or services that are needed for the management or operation of the Property, the Clients will promptly reimburse Farmers National. With respect to major improvements,however,Farmers National shall confer with and obtain the prior approval of the Clients before commencement of the project. The Clients may provide for their funds to be held in an interest bearing trust account. If so desired, the Clients shall execute the Interest Bearing Account Authorization Addendum form, attached. If the Clients have directed Farmers National Company to utilin-an interest bearing account in the management of the Property, Farmers National may secure reimbursement for the costs of such items or services from funds available in said account. If no such account is utilized, or if the funds in the account are insufficient to cover the payments made, Farmers National will advise the Clients of the amount due on the accounting statement sent to the Clients at the end of the month. The Clients will reimburse Farmers National for the full amount due upon receipt of the statement. In the event that reimbursement is not received when due,the Clients agree to pay a service charge to Farmers National. FMC &4ct\tiu c*qes -k.kec f y 1-k c ('t–(\l F `C Insurance JuJ4 C ^ l t Cgbj; ckNN P `g o �tc Farmers National Company realizes the importance of protecting a assets of our client's farm property and one such protection is the procurement of a farm liability policy in the client's name) •: - --- -:: -: -'.-: : • '.. . n leywtl a -�'1'�( ::� ��� ���� uni •• �� u1I • ..,• . I - --- ::. . I • CF. • Declaration of Authority&Power of Attorney IC 9 uKc 1���{ " 1 C-L u-a-- 4 t S t l St- The Clients,by executing this Agreement, grant the authorized employees of Farmers National access to any relevant governmental records pertaining to the Property and germane to its professional management. In addition,the authorized employees of Fanners National are authorized to act in the name,place,and stead of the Clients with respect to the professional management of the Property. The authorized employees of Farmers National are vested with full power and authority to do and perform all actions necessary or appropriate to the professional management of the Property. This shall include the execution, delivery and/or recording of any leases, documents,forms,or other papers, as fully to all intents and purposes as the Clients might or could do,with full power of substitution and revocation_ The Clients ratify and confirm all that the duly authorized employees of Farmers National lawfully do or cause to be done on behalf of the clients. The Clients agree to give Farmers National any additional Powers of Attorney needed to professionally manage the Property in the manner described herein. This may include,but is not limited to,Powers of Attorney required by government agencies for participation in government programs. Successors in Trust This Agreement shall be binding upon the heirs,successors,assigns,or personal representatives of the parties hereto. adz{ ( 6 kk-v,r etc&�' t 1‘.•�vk a� pay L'r r,T J -3- Effective Dates This Professional Management Services Agreement is entered into and between the parties on�u�ustl 1-26 Professional Management services shall commence on: 1st day of March 20 06 • Legal Description of the Property State: Iowa County: Johnson Approximate Acres: 219.4 Legal Description: Cropland acres at the Iowa City Municipal Airport located in Sections 15, 16,21,&22. All Township 79 North—Range 6 West of the 5th P.M. Attachments: This Professional Management Agreement provides the following services and fee arrangements for the above property: [ J I Complete Professional Agricultural Management Services and Fees (Attachment 1) [ ] Professional Hunting/Fishing Management and Fees(Attachment 3) [ ] Professional Mineral Management and Fees(Attachment 4) Addendums: [ J ] Interest Bearing Account Authorization(Addendum 1) [ ] Special Accounting Instructions(Addendum 2) [ ./ ] Principal Correspondent Designation(Addendum 3) [ l Other: Clients Iowa City Airport Commission Signature: Signature: Acceptance By Farmers National Company Signature: -4- CLIENT INFORMATION Type of Ownership: [ ] Single [ ]Multiple [J ] Corporate [ ]Partnership[ ] Trust[ ] Other: (For all Partnership,Corporate,&Trust Ownership: Please list each individual owner name&percent ownership for insurance proposes) AB#400696 Iowa City Airport Commission On File r499%. Name Tax ID Number %of Ownership Municipal Airport Iowa City Iowa 52240 Address City State Zip Code ( ) ( 319 ) 356-5045 ) • Home Phone Number Office Phone Number ( Fax Number Email address AB# Name Social Security or Tax ID Number %of Ownership (This number willl be used for IRS reporting) Address City State Zip Code Spouse's Name Spouse's Social Security or Tax ID Number Spouse Date of Birth ( ) ( ) ( ) Home Phone Number Work Phone Number Fax Number Email address Date of Birth AB# Name Social Security or Tax ID Number %of Ownership (This number will be used for IRS reporting) Address City State Zip Code Spouse's Name Spouse's Social Security or Tax ID Number Spouse Date of Birth ( ) ( ) ( Home Phone Number Work Phone Number Fax Number Email address Date of Birth -5- Agency Relationship Disclosure It is mutually acknowledged between Farmers National and the Clients that Farmers National will act exclusively as the agent of the Clients hereunder,and not as a Tenant's agent or dual agent. As such,Farmers National's duties and obligations shall be as follows: 1.To perform the terms of the Professional Agricultural Services Agreement made with the Clients; 2.To exercise reasonable skill and care for the Clients; 3.To promote the interests of the Clients with the utmost good faith,loyalty,and fidelity,including: a. Seeking rental terms which are acceptable to the Clients,except that FNC shall not be obligated to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease; b. Presenting all written offers to and from the Clients in a timely manner regardless of whether the property is subject to a lease or a letter of intent to lease; c. Disclosing in writing to the Clients all adverse material facts actually known by FNC; and d. Advising the Clients to obtain expert advice as to material matters about which the FNC knows,but the specifics of which are beyond the expertise of FNC; 4.To account in a timely manner for all money and property received; 5.To comply with all requirements of any applicable Real Estate License Act,and any rules and regulations promulgated pursuant to such act; and 6.To comply with any applicable federal, state, and local laws,rules,regulations, and ordinances, including fair housing and civil rights statutes and regulations. Farmers National acting as the Clients' agent shall not disclose any confidential information about the Clients unless disclosure is required by statute,rule,or regulation or failure to disclose the information would constitute fraudulent misrepresentation. No cause of action for any person shall arise against Farmers National acting as Client's agent for making any required or permitted disclosure. Farmers National acting as Clients' agent owes no duty or obligation to a tenant,except that Farmers National shall disclose in writing to any tenant all adverse material facts actually known by Farmers National. The adverse material facts may include adverse material facts pertaining to: 1.Any environmental hazards affecting the property which are required by law to be disclosed; 2.The physical condition of the property; 3.Any material defects in the property; 4.Any material defects in the title to the property; or 5.Any material limitation on the Clients' ability to perform under the terms of the lease. Farmers National owes no duty to conduct an independent inspection of the property for the benefit of the tenant and owes no duty to independently verify the accuracy or completeness of any statement made by the Clients or any independent inspector. Farmers National may show alternative properties not owned by the Clients to prospective tenants and may identify competing properties for lease without breaching any duty or obligation to the Clients. Farmers National may not designate or retain the services of any other brokers as subagents,without the express written consent of the Clients. Any such subagents so retained shall be compensated,if at all,by Farmers National,and not by the Clients. Any designated broker who is acting as a subagent on the Clients'behalf shall be a limited agent with the obligations and responsibilities set forth above. The Clients acknowledge having been provided with any Agency Disclosure information prepared by the State Real Estate Commission having jurisdiction in the state where the property is located,if providing such information to Clients is required. Additional information specific to state regulation may be attached. Nebraska Real Estate Disclosure Missouri Real Estate Disclosure South Dakota Real Estate Disclosure Ohio Real Estate Disclosure Other: -6- -Attachment 1- Complete Professional Agricultural Management Services The Professional Agricultural Management Services that Farmers National will perform are as follows: • Complete detailed analysis of farming operation and provide recommendations. • Analyze applicable Government Farm Program considerations and provide recommendations. • Develop an annual operating plan and budget including capital improvements, if applicable. • Make recommendations regarding farm or ranch operators as needed. • Analyze alternative lease types or operating arrangements. • Negotiate and prepare an annual written lease or operating agreement. • Prepare and implement necessary crop and/or livestock marketing plans. • Conduct regular inspection visits to the farm and/or meetings with the operator followed by written reports. • Risk Management review and insurance recommendations to include crop,property,and liability insurance needs. • Provide financial reporting services including periodic and annual reports to the Clients. • Payment of Real Estate Taxes Farmers National to pay Real Estate Taxes from Client Account before they become due at no additional charge ® Client to pay. Crop Marketing Directions Unless otherwise directed by the Clients on a case-by-case basis,the Clients direct Farmers National to handle the marketing of crops as follows: Market according to Farmers National's recommendations Sell crops at harvest. Consult with the Clients prior to sale ®Do not handle marketing The parties have mutually agreed to the following additional arrangements relative to the services to be provided: Agricultural Services Management Fees The Clients and Farmers National have agreed to the following Agricultural Services Management Fees: 1.Base Management Fee:$600 per year 2.Percentage Management Fees: a. Cash Rent Lease-- 8% e. Custom Operating Agreement-- 8% b. Bushel Rent Lease--9% f.Rental House—20% c. Blended Share Lease—9% g. Sale of Previous Crop Inventory--5% d. Crop Share Lease— 10% 3. A minimum yearly fee of$1,000.00 shall be charged as part of the foregoing fees for each farm listed. Base fees will be collected annually in February of each farm year this Agreement is in effect In cases where a Property is operated with multiple lease types and/or operating arrangements,Percentage Management Fees shall be calculated based upon the dominant lease type in use on the farm during the farm year. The dominant lease type shall be determined based upon where the majority of the farm income is derived. All percentage fees will be taken as income is received. Clients Iowa City Airport Commission Signature: Signature: Acceptance By Farmers National Company Signature: -Addendum 1- Interest Bearing Account Authorization This will be a pending account until money is received to open the account. The Clients,by executing this authorization in the space provided below,direct Farmers National to deposit funds drawn from income and moneys collected on their account into an interest bearing account. To the extent required or allowed by law,the characteristics of the account shall be as follows: 1. None of the interest earned on the funds in the account shall belong to,or otherwise inure to the benefit of Farmers National. 2. The funds in the account shall not be commingled with any funds of Farmers National. 3. The account shall be a demand type account. 4. The account shall be federally insured. • ' 5. The account shall be open to audit or examination at all reasonable times. 6. Where required by applicable local law, Farmers National shall notify any appropriate regulatory agencies of the existence of the account. 7. The account shall be designated and identified as a trust account. The clients understand and agree that administrative fees may be charged by the financial institution handling the account. The amount of any such fees shall be disclosed in advance to the client. The client hereby requests and authorizes Farmers National to pay all expenses incurred in the professional management of the Property out of Fanners National's non-interest bearing trust account. The parties acknowledge that the foregoing provisions shall replace any previously executed Interest Bearing Account Authorization. Clients Iowa City Airport Commission Signature: Signature: This addendum pertains to the Agricultural Services Agreement entered into between the parties on August 11 2005 Addendum 3 Principal Correspondent Designation The Clients will identify certain matters that they desire to be specifically informed about,and will indicate to Farmers National circumstances wherein they desire to be consulted prior to the making of final management decisions. To accommodate these situations,the Clients wish to designate the following individual as the Principal Correspondent. The parties acknowledge that the Principal Correspondent will then advise and consult with the other Clients, and will communicate their decisions and recommendations to Farmers National. Principal Correspondent: Iowa City Airport Commission C �.t/SrM AB4400696 All Clients are to be sent routine periodic accounting statements,narrative reports,and other similar information, except those identified below Client: Client: Client: In addition to the Clients,please send routine periodic accounting statements, narrative reports, and other similar information to the following Additional Correspondents (Limit 3): Additional Correspondent: Address: Phone: Email Address: Additional Correspondent: Address: Phone: Email Address: Additional Correspondent: Address: Phone: Email Address: This addendum pertains to the Agricultural Services Agreement entered into between the parties on August 11,2005 tri lsXrmmilsKro salsail ) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CHAIRPERSON TO SIGN AND SECRETARY TO ATTEST TO A CONTRACT FOR THE BOX CULVERT PROJECT. WHEREAS, Iowa Bridge & Culvert, Inc. has submitted the lowest responsible bid of $910,000 for the box culvert project within the runway 7/25 extension project, the Commission's consultant, Earth Tech, recommends accepting said bid, and the FAA has concurred in the award NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. The contract for the box culvert project is hereby awarded to Iowa Bridge & Culvert, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Chairperson is hereby authorized to sign and the Secretary to attest to the contract for the Iowa Bridge & Culvert, Inc. project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. S b'eu, Passed and approved this day of , 2005. &R ( ( 0 (, CHAIRPERSON Approved by ATTEST: 1-t I . RETARY � City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Farris ✓ Hartwig V Horan Staley Williams Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 WITH EARTH TECH FOR ENGINEERING SERVICES FOR RUNWAY 7-25 EXTENSION PROJECT FOR THE REROUTING OF WILLOW CREEK AND CONSTRUCTION OF BOX CULVERT. WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement" with Earth Tech on August 16, 2004 to provide engineering services for the runway 7-25 extension project; WHEREAS, Part 1(A) of said agreement provides that the parties will enter into supplemental agreements for phases 2 and 3; WHEREAS, the Commission and Earth Tech entered into Supplemental Agreement No. 1 dated April 14, 2005; WHEREAS, the Commission and Earth Tech now desire to enter into Supplemental Agreement No. 2, a copy of which is attached, for construction engineering services during the construction of the rerouting of Willow Creek and a triple concrete reinforced box culvert; and WHEREAS, it is in the best interest of the Commission to enter into Supplemental Agreement No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign Supplemental Agreement No. 2. Passed and approved this ) — day of ,, 2005. tr� c CHAIRPERSON Approved by ATTEST: ANL -"maw S' 'ETARY City Attorney's Office It was moved by SI-6, and seconded by 1`v4-°0h the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Farris Hartwig Horan Staley Williams EXTENSION OF RUNWAY 7-25 FAA AIP PROJECT NO.3-19-0047-10 IOWA CITY,IOWA SUPPLEMENTAL AGREEMENT NO.2 WHEREAS, a Professional Services Agreement was entered into between Iowa City Airport Commission, Iowa City, Iowa (Client), and Earth Tech, Inc. (Consultant), Des Moines, Iowa, dated August 16, 2004, for the preliminary design of Dane Road Relocation and Runway 7-25 Extension; and WHEREAS,the Client and the Consultant entered into Supplemental Agreement No. 1 dated April 14, 2005, for final design of grading of the 800-foot extension of Runway 7-25 and grading of the full-length parallel taxiway to Runway 7-25 and the relocation of Dane Road; and WHEREAS, the Client and the Consultant now desire to enter into Supplemental Agreement No. 2 for construction engineering services during the construction of the rerouting of Willow Creek and a triple concrete reinforced box culvert. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: I. Scope of Services Services to be provided under this Supplemental Agreement No. 2 include construction engineering services during the construction of the rerouting of Willow Creek and a triple concrete reinforced box culvert. The Project Description and Scope of Services are further defined in Attachment A. II. Compensation Compensation for the above services will be on a cost plus fixed fee basis in accordance with Part Ill of the original agreement. The direct labor, overhead, direct expenses and fixed fee are shown in Attachment B. The compensation for the services shall be a not-to-exceed amount of Eighty-Four Thousand Nine Hundred Dollars ($84,900.00) without authorization of the Client. III. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated August 16,2004, and subsequent amendments. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the dates shown below: IOWA CITY AIRPORT COMMISSION By: Date Randall D.Hartwig Chairperson EARTH TECH,INC. By Date September 1,2005 Joe A. Becker Vice President L:\workW DMIN\AGREE\SUPPLE\SA I ICRunway7-25.doc proved By -a -0 City Attorney's Office tin Attachment A EXTENSION OF RUNWAY 7-25 CONSTRUCTION OF WILLOW CREEK BOX CULVERT IOWA CITY MUNICIPAL AIRPORT IOWA CITY,IOWA FAA AIP PROJECT NO.3-19-0047-10 A. Project Description The project is described as a portion of the Extension of Runway 7-25 at the Iowa City Municipal Airport, Iowa City, Iowa. The runway extension is approximately 800 feet toward the west. This phase of the project involves the rerouting of Willow Creek outside of the proposed runway safety area. Willow Creek will be routed under the runway safety area through a triple 12-foot by 10-foot concrete reinforced box culvert. B. Scope of Services The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to provide construction engineering services during the construction of the noted elements. Work shall be divided into the following tasks: Construction Phase 1. Assignment of Construction Manager — This task consists of assigning a project engineer who will coordinate Project activities and will be the principal liaison between the Sponsor, Consultant and regulatory agencies. 2. Assemble Construction Documents—This task consists of assisting the Sponsor in assembling the contract documents for execution by the Contractor and the Sponsor. 3. Pre-Construction Conference — This task consists of attending and conducting a pre- construction conference with representatives of the Contractor, Sponsor, Consultant, FAA and affected utilities. 4. Construction Surveying — This task consists of providing lines, grades, and measurements necessary for work contracted for under the bid documents. Horizontal and vertical control to be provided for the installation of the box culvert includes: a. Set stakes on centerline of box culvert at+1- 50-foot intervals. b. Set stakes on back of parapet. c. Set two benchmarks for use by contractor. d. Stake construction limits as necessary. 5. Shop Drawings and Submittals — This task consists of reviewing shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the Project and compliance with the information given in the contract documents. 6. Construction Assistance—This task consists of answering design interpretation questions from the Sponsor, Contractor,review staff and appropriate agencies. 7. Pay Applications — This task consists of preparing and processing monthly applications for payment to the Contractor and forwarding to the Sponsor for execution with recommendations for approval and payment. This task also includes preparation of federal reimbursement forms for the Sponsor. 8. Testing of Materials — This task consists of providing field testing and materials testing in accordance with the Construction Inspection Program. A subconsultant will provide limited quality assurance testing for Portland cement concrete compressive strength, establishing Proctor values for the subgrade, culvert backfill material and granular base used for the box culvert. Contractor will provide acceptance testing for Portland cement concrete. 9. Site Visits—This task consists of providing periodic site visits to the construction site by design personnel at appropriate stages of construction to review the quality of the work and to determine, in general,whether the work conforms to the contract documents. 10. Change Orders — This task consists of coordinating with the Sponsor and Contractor in preparing and processing contract change orders. 11. Construction Observation — This task consists of providing field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the Project in relation to the level of construction activity. 12. Non-Compliance Reporting—This task consists of reporting to the Sponsor any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advising the Sponsor of any work that should be corrected or rejected. 13. Contractor Modifications — This task consists of reviewing, evaluating and making recommendations to the Sponsor on suggestions for modifications that have been made by the Contractor. 14. Project Files — This task consists of maintaining files for correspondence, reports of the job conferences, shop drawings, and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents,progress reports and other Project-related documents. 15. Daily Reports—This task consists of the resident field representative keeping a diary, log book or report for those times on site, recording hours on the job site; weather conditions; data relative to questions of extras or deductions; list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors; activities; decisions, observations in general and specific observations in more detail when necessary, as in the case of observing test procedures. 16. Punch List — This task consists of conducting a review of the Project near completion and preparing a list of items ("Punch List")to be completed or corrected. 17. Final Review — This task consists of performing a field observation of the completed Project before a fmal application for payment is processed for the Contractor. 18. Prosect Closeout—This task consists of assisting the Sponsor with Project completion and final closeout documentation from the Contractor for the FAA by providing a statement covering the following: a. Sponsor Certification for Final Acceptance. b. Final Outlay Report—Standard Form SF-271. c. Final Project Cost Summary. d. Final Construction Report • Brief narrative of work accomplished as well as any excluded items. • Summary of key milestone dates — Receipt of Bids, NTP, Substantial Completion, Contract Date,Final Inspection, Final Acceptance. • Explanation of liquidated damages (if required). • Statement of compliance with contract labor provisions (payroll reviews, complaints, etc.)Reference AC 150/5100-6. • Summary of final contract quantities. • Explanation of under runs and overruns. • Change Order Summary. • Testing Report Summary including a copy of all acceptance test results. • Final Inspection Report including signature of consultant. • Contractor's Final Statement of Completion — typically submitted as the final payment request. e. Summary of DBE Utilization. 19. Record Drawings - This task consists of providing the Sponsor with a copy of "Record Drawings" of the construction plans for the Project based on the construction observation records of the review staff and Contractor showing those changes made during construction considered significant. Two copies of the "Record Drawings" in electronic and reproducible format will be provided to the Sponsor. One electronic copy would be for the FAA. Electronic drawings shall be in Micro Station V8 format. Task does not include updating of the Airport Layout Plans. 20. 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. L:\work\ADMIN\AGREE\SUPPLE\SA2ICRunway7-25.doc Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. A -oS - )3 RESOLUTION APPROVING SECOND CONSULTANT SERVICES AGREEMENT WITH SNYDER & ASSOCIATES, INC. FOR TEMPORARY MANAGEMENT SERVICES. WHEREAS, on September 14, 2004, the Iowa City Airport Commission and Snyder & Associates, Inc. entered into a contract entitled "Consultant Services Agreement" to provide airport management services on a temporary basis at the Iowa City Municipal Airport that expires on September 13, 2005; and WHEREAS, the parties wish to enter into a second agreement for another year; and WHEREAS, it is in the Commission's best interest to enter into the Consultant Services Agreement with Snyder & Associates, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign the Consultant Services Agreement, a copy of which is attached. 4-l. Passed and approved this day of , 2005. i:Zjt ( ( 0 [(A 6T CHAIRPERSON Approve IL ATTEST: \a A .!_ .- , • t S CRETA°Y. City Attorney's Office It was moved by S-ti, (":../ and seconded by " '-) the Resolution be adopted, and upon roll call t ere were: AYES: NAYS: ABSENT: v7 Farris Hartwig V Horan ✓ Staley ✓ Williams . ' CONSULTANT SERVICES AGREEMENT This agreement made between Iowa City Airport Commission the CLIENT and SNYDER &ASSOCIATES, INC., The CONSULTANT, for services concerning the following PROJECT: Professional services related to the management and operation of the Iowa City Airport, Iowa City, Iowa. SNYDER &ASSOCIATES, INC. agrees to perform the following professional services in connection with the PROJECT; Services including but not limited to airport planning, budgeting, FAA grant administration, airport security, airport regulatory affairs and city relations related to the Iowa City Airport. The CLIENT hereby agrees to provide the CONSULTANT all criteria, design and construction standards, and full information as to the CLIENT'S requirements for the PROJECT. Other terms and conditions of this contract, including time of performance are as follows: . This agreement shall terminate 12 months after it is signed by both parties or once the amount of fee paid to the Consultant for services provided under this Agreement has reached $12,000.00 or whichever comes first. The CLIENT agrees to compensate the CONSULTANT for services rendered under this agreement on the following basis: See Attached Exhibit"A" Progress payments shall be made in proportion to services as rendered and as indicated within this agreement, and shall be due and owing within 10 days of the CONSULTANT'S submittal of his monthly statement. Past due amounts owed shall accrue interest at 1.5% per month from the 30th day. If the . CLIENT fails to make monthly payments due the CONSULTANT, the CONSULTANT may after giving seven (7) days written notice to the CLIENT suspend services under this agreement. THIS AGREEMENT IS SUBJECT TO ALL THE TERMS AND CONDITIONS LISTED ON THE REVERSE SIDE OF THIS PAGE. This agreement represents the entire and integrated agreement between the NT and the CONSULTANT and supersedes all prior negotiations, representations or -, .-ments, either written or oral. This agreement may be amended only by written instrument signed by •. • the CLIENT -•• e CO LTANNT. �: �� livC, v- I7 � CLI NT •R SNYD R &AS' OCIA %S,�ICIC 9 _ g - oi -- �. /, )nA .0 DATE DATE ROUTE EXECUTED COPY TO: • J:tAIrportData\Agreements\Iowa City\Agreement.doc SNYDER & ASSOCIATES 2005-06 STANDARD FEE SCHEDULE Billing Classification/Level Billing Rate Professional • Engineer, Landscape Architect, Land Surveyor, Legal, Project Manager, Planner, Right-of-Way Agent, Graphics Designer Principal $124.00 /hour Lead $117.00 /hour Senior $111.00 /hour VIII $108.00 /hour VII $105.00 /hour VI $99.00 /hour . ✓ $92.00 /hour IV $83.00 /hour III $75.00 /hour II $68.00 /hour I $56.00 /hour Technical €',Ale's.' Technicians-CADD, Survey, Construction Observation Principal $87.00 /hour Lead $81.00 /hour Senior $75.00 /hour VIII $71.00 /hour VII $65.00 /hour VI $60.00 /hour ✓ $54.00 /hour IV . $48.00 /hour III $42.00 /hour II $36.00 /hour I $31.00 /hour Administrative '¢n;« 14.-; Clerical, Computer Programming, Financial Principal $81.00 /hour Lead $75.00 /hour Senior $71.00 /hour VIII $65.00' /hour VII $60.00 /hour VI $54.00 /hour ✓ $47.00 /hour IV $41.00 /hour III $36.00 /hour II $31.00 /hour I $28.00 /hour Reimbursables Mileage current IRS standard rate 1-person robotic equipment(in additon to technical rate) $25.00 /hour Plotter Prints,Blueprints _ $0.20 /s.f. Mylar Prints $2.00 /s.f. Color Plots $2.00 /s.f. Color Plots-Photo $5.00 /s.f. Color Copies $0.50 lea. Outside Services As Invoiced Prepared by: Susan Dulek, Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. ;A05-21+ RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 3 WITH EARTH TECH FOR ENGINEERING SERVICES FOR RUNWAY 7-25 EXTENSION PROJECT FOR OBSTRUCTION SURVEY FOR APPROACHES TO RUNWAY 7-25 AND RUNWAY 30. WHEREAS. the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement" with Earth Tech on August 16, 2004 to provide engineering services for the runway 7-25 extension project; WHEREAS, Part 1(A) of said agreement provides that the parties will enter into supplemental agreements for phases 2 and 3; WHEREAS, the Commission and Earth Tech entered into Supplemental Agreements No. 1 and No. 2 previously; WHEREAS, the Commission and Earth Tech now desire to enter into Supplemental Agreement No. 3, a copy of which is attached, for an obstruction survey for approaches to Runway 7-25 and Runway 30; and WHEREAS, it is in the best interest of the Commission to enter into Supplemental Agreement No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign Supplemental Agreement No. 3. t C,iU 10 Passed and approved this — day of , 2005. 1,1-\ - 17)//- CHAIRPERSON Approved by ATTEST: W•411).3. ..) (U t3 OC € RETARY City Attorney's Office It was moved by -C" fi'" and seconded by �' ? l t y the Resolution be adopted, and upon roll call there sere: AYES: NAYS: ABSENT: t/ Farris Hartwig Horan Staley �L Williams EXTENSION OF RUNWAY 7-25 FAA AIP PROJECT NO.3-19-0047-10 IOWA CITY,IOWA SUPPLEMENTAL AGREEMENT NO. 3 WHEREAS, a Professional Services Agreement was entered into between Iowa City Airport Commission, Iowa City, Iowa (Client), and Earth Tech, Inc. (Consultant), Des Moines, Iowa, dated August 16, 2004, for the preliminary design of Dane Road Relocation and Runway 7-25 Extension; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 1 dated April 14,2005, for final design of grading of the 800-foot extension of Runway 7-25 and grading of the full-length parallel taxiway to Runway 7-25 and the relocation of Dane Road; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 2 dated September 8, 2005, for construction engineering services during the construction of the rerouting of Willow Creek and a triple concrete reinforced box culvert; and WHEREAS, the Client and the Consultant now desire to enter into Supplemental Agreement No. 3 for an obstruction survey of the approaches to Runway 7-25 and Runway 30 at the Iowa City Municipal Airport, Iowa City, Iowa. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: I. Scope of Services Services to be provided under this Supplemental Agreement No. 3 include an obstruction survey of the approaches to Runway 7-25 and Runway 30 at the Iowa City Municipal Airport, Iowa City, Iowa. The Project Description and Scope of Services are further defined in Attachment A. II. Compensation Compensation for the above services will be on a cost plus fixed fee basis in accordance with Part III of the original agreement. The direct labor, overhead, direct expenses and fixed fee are shown in Attachment B. The compensation for the services shall be a not-to-exceed amount of Ninety-Four Thousand Dollars ($94,000.00) without authorization of the Client. III. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated August 16,2004, and subsequent amendments. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 3 as of the dates shown below: IOWA CITY AIRPORT COMMISSION By: Date Randall D. Hartwig Chairperson EARTH TECH, INC. By Date October 13, 2005 Joe A. Becker Vice President L:\work\ADMIMAGREE\SUPPLE\SA I ICRunway7-25.doc Attachment A OBSTRUCTION SURVEY FOR APPROACHES TO RUNWAY 7-25 AND RUNWAY 30 FAA AIP PROJECT NO.3-19-0047-10 A. Project Description The project is described as Obstruction Survey for the Approaches to Runway 7-25 and Runway 30 at the Iowa City Municipal Airport, Iowa City, Iowa. The project involves the field survey of the runway approach surfaces for relocated thresholds for Runways 7 and 25 and existing threshold for Runway 30. B. Scope of Services The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to perform Obstruction Surveys meeting the requirements of FAA Standard 405. Survey is necessary to identify obstructions to the new runway thresholds to support the current approach procedures and the planned instrument approach procedures know as a LPV approaches. LPV approaches are proposed for Runways 25 and 30. The Runway 7 approach is identified as a visual approach only. The obstruction survey shall be divided into the following tasks: 1. Data Collection and Review -This task consists of collection of existing data applicable to the project and related to the proposed obstruction survey. The Airport Master Plan, the 2002 Airport Obstruction Mitigation Study, the existing airport obstruction chart, previous NOAA Obstruction Survey Data, and existing city aerial mapping will be compiled as background information for the project. 2. Field Survey — This task consists of the field survey of the runway approach surfaces as identified in Table A16-2 "Survey Requirements for Instrument Approach Procedures" of Advisory Circular 150/5300-13. Survey Level D as defined by FAA No. 405 "Standards for Aeronautical Surveys and Related Products" will be used. Obstruction data will be identified by geodetic coordinate to two decimal places of a second. The elevation of objects within the primary surface and approach surface will be ascertained to within 3 feet above ground level. 3. Field Survey Data Review—This task consists of the review of field survey data and providing the data to FAA using the appropriate forms from FAA No. 405. The data will be reviewed, signed and sealed by the registered surveyor responsible for the survey. The surveyor will certify that the submitted data meets the accuracy requirements specified for the 405 Survey. 4. Obstruction Disposition - This task will provide preliminary dispositions for each of the obstructions that have been identified by the field survey. Each obstruction and potential dispositions will be reviewed based on the impacts to the runway approach surfaces and discussed with FAA Flight Standards and the city of Iowa City. A final disposition for each obstruction will be identified based on these discussions. 5. 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. 6. Conferences and Meetings - This task consists of conferences and meetings 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: (I) 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) Once field survey has been completed and reviewed, the Consultant will furnish copies of the completed 405 survey forms to the FAA and Commission 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 FAA, Commission and other participating governmental agencies at the FAA office. This meeting will be used to identify possible obstruction dispositions as they relate to the runway approach surfaces. (3) Once the review meeting has been held with the Commission and FAA, a meeting with the Commission and City Staff will be held to determine the city preferred obstruction dispositions. This meeting will be held at the city offices. (4) Additional coordination meetings as required by the Commission and attended by the Project Manager. 7. 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. L:\work\ADMIMAGREE\SUPPLE\SA3ICRunway7-25.doc C t Iowa City Municipal Airport Extension of Runway 7-25 FAA AIP Project No.3-19-0047-10 Runway 7-25& runway 30 Obstruction Survey Staff Hour Estimate Item Description Senior Project Land CADD Project No. Professional Professional Surveyor Operator Technician Support Totals 1 Data Collection and Review 4 16 12 24 56 2 Field Survey a Establish State Plane Coordinate System 32 32 64 b Field Verify Obstructions 40 40 80 c Field Survey Obstructions 180 180 40 400 3 Field Survey Data Review a Plot Field Survey Locations on Base Mapping 16 24 40 b Review of Survey Data 16 24 8 48 c Completion of 405 Forms 8 16 24 48 4 Obstruction Disposition 8 40 24 16 16 104 5 Quality Review 8 8 6 Conferences and Meetings 20 40 16 16 92 7 Project Administration 20 20 40 Total Hours 60 120 I 360 80 260 100 980 Prepared by: Susan Dulek,Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. A05-25 RESOLUTION ACCEPTING A FY2005 IOWA DEPARTMENT OF TRANSPORTATION GRANT FOR AIRPORT SIGNAGE. WHEREAS, the Iowa Department of Transportation has awarded the Iowa City Municipal Airport a FY 2005 (70/30) grant for $3,6400 grant for airport signage; WHEREAS, attached is a copy of the "Iowa Department of Transportation Agreement for Fiscal Year 2005 Iowa Airport Improvement Program" for said grant; and WHEREAS, it is in the best interest of the airport to accept said grant. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Iowa Department of Transportation FY 2005 (70/30) grant for $3,6400 grant is accepted, and the Chairperson is authorized to sign and the Secretary to attest to the "Iowa Department of Transportation Agreement for Fiscal Year 2005 Iowa Airport Improvement Program," a copy of which is attached. Passed and approved this ) day of 0 c' k9(' v , 2005. g-‘-‘11 D CHAIRPERSON Approved by ATTEST: .-J(v 1 ; ; .Ly S RETARY City Attorney's Office It was moved by (- and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ►� Farris Hartwig Horan Staley Williams sue\airport\Res IDOT.doc frA Iowa Department of Transportation Office of Aviation 515-239-1048 800 Lincoln Way, Ames, Iowa 50010 515-233-7983 FAX kay.thede@dot.state.ia.us www.iawings.com September 14, 2004 Randall Hartwig Chairmen, Iowa City Airport Commission 629 S. Riverside Iowa City, IA 52246 Dear Randy: Your application for the FY 2005 State Airport Improvement Program grant was approved by the Iowa Transportation Commission on September 14, 2004. Enclosed are two signed copies of an agreement for 70%in funding,up to a maximum of$3,640 for replace runway&taxiway directional signage. Please review the agreement and have the authorized sponsor sign both copies of the agreement,return one copy to me, and keep one copy for your files. Only expenses incurred after the city has executed the agreement are eligible for reimbursement. Please note that the other projects submitted for the state ALP program were not funded this year. Please resubmit if these costs are not covered by the federal ALP project and you are ready for the project to proceed. Also enclosed is a claim for reimbursement form to use when seeking reimbursement. We can also e-mail this form to you as a Word document. Thank you for your cooperation and efforts in working with the Iowa DOT on • this project. Please do not hesitate to call if you have any questions. Sincerely, Kay Thede Aviation Programs Manager Office of Aviation Enclosures cc: Michelle McEnany IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FISCAL YEAR 2005 IOWA AIRPORT IMPROVEMENT PROGRAM THIS AGREEMENT is made between the Iowa Department of Transportation called the "Department" and Iowa City called the "Sponsor". 1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and obligations for accomplishment of certain improvements at the Iowa City Municipal Airport, called the "Airport". Improvements shall consist of: Replace runway &taxiway directional signage. It shall be referred to as the"Project" and shall be identified by project number: 9I-05-0IOW-100 contract number: 07277 2.00 GENERAL PROVISIONS 2.01 The SPONSOR shall have the project under obligation no later than 12 months after the issuance of the grant or the Iowa DOT reserves the right to revoke this grant. 2.02 The Department has determined that the Sponsor is eligible to receive state aid for airport improvements or will meet eligibility requirements in fulfilling the conditions of this agreement. 2.03 For projects requiring professional plans and all projects totaling more that$25,000, the • project plans, specifications and construction contract documents shall be prepared by a professional engineer licensed to practice in the State of Iowa. The SPONSOR shall submit the plans, specifications and other contract documents to the Iowa DOT for their records. Where Iowa DOT's specifications apply,they shall be used. 2.04 The Department agrees to reimburse the Sponsor for 70% of eligible project costs, not to exceed the maximum amount of $3,640,incurred according to the terms of this agreement. 2.05 Should the Sponsor fail to comply with any obligation or assurance provided herein, the Department may withhold further payment and may require reimbursement of any or all payments made by the Department toward accomplishment of the Project. 2.06 The Department shall not waive any right of authority by making payments pursuant to this agreement, and such payments shall not constitute approval or acceptance of any part of the Project. 2.07 Neither the Department nor the Sponsor shall be liable to third parties by reason of this agreement. 2.08 If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected thereby if such remainder would then continue to conform to applicable law. 2.09 The Department shall determine what costs charged to the project account are eligible for participation under the terms of this agreement and the Sponsor shall bear all additional costs accepted and paid. 2.10 Notwithstanding any other provisions of this agreement, the Department shall have the right to enforce, and may require the Sponsor to comply with, any and all conditions and assurances agreed to herein. 2.11 The Department's obligations hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the Department's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Department to meet such obligations. The Department shall give the Sponsor notice of such termination of funding as soon as practicable after the Department becomes aware of the failure of funding. In the event the Department provides such notice, the Sponsor may terminate this agreement or any part thereof. 2.12 The Sponsor is the contracting agent and, as such,retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. 2.13 The attached Exhibit A, "Utilization of Targeted Small Business (TSB) Enterprises on Non-Federal Aid Projects (Third-Party State Assisted Projects)," will apply and is hereby made a part of this Agreement. 2.14 Funding obligations on the part of the Iowa DOT shall remain in full force and effect for 5 years following SPONSOR acceptance unless sooner rescinded or amended on terms acceptable to the Iowa DOT. Assurances in this agreement remain in full force and effect for a period of 20 years. 3.00 PROJECT CONDITIONS 3.10 The Sponsor Agrees to: (a) Establish and maintain a project account acceptable to the Department, through which all project receipts and disbursements will be made and accounted for. (b) Let contracts according to provisions of Division VI, Chapter 384 of the Code of Iowa. (c) Preside at all public hearings occasioned by the Project. (d) Select all Consultants. (e) Contract for all professional and construction services, but only after concurrence by the Department in the terms of such contracts. (f) Maintain an adequate project account balance to meet all financial obligations of the Project. (g) Establish and maintain a project schedule, to preclude unnecessary construction delays and to assure minimum inconvenience to the public. (h) Submit to the Department such data, reports, records, contracts and other documents relating to the Project as may be required. (I) Incorporate into all contracts related to the Project, provisions assuring unrestricted access to the work by Department personnel. (j) Submit any proposed contract changes to the Department for concurrence prior to approval. (k) Inspect work and equipment, test materials, and control construction to assure that the design intent of the plans and specifications is achieved. (I) Inform the Iowa DOT of construction completion and allow the Iowa DOT access to review the completed project. (m) Certify acceptance of the Project by resolution or signed final contractor project acceptance form. (n) Retain all records relating to project cost, including supporting documents, for a period of three (3)years following final payment by the Department, and to make such records and documents available to Department personnel for audit. 4.00 SPECIAL PROVISIONS NONE. 5.00 SPONSOR ASSURANCES By authorizing execution of this agreement the Sponsor hereby certifies that: INTERESTS AND AUTHORITY 5.01 There are not facts or circumstances (including the existence of effective or proposed • leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible to carry out and complete the Project or the provisions of this agreement either by limiting its legal or financial ability or otherwise. 5.02 It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants are assumed by another public agency found by the Department to be eligible under the laws of the State of Iowa to assume such obligations and to have the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for the management or operation of the Airport by any agency or person other than the Sponsor or an employee of the Sponsor,the Sponsor will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with these covenants. 5.03 It will not dispose of or encumber its title or other interests in the site and facilities during the 20-year period of this agreement. 5.04 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace and by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, in any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. 5.05 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition or retention of easements or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, take action to restrict the use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with normal airport operations including landing and takeoff of aircraft. 5.06 If at any time it is determined by the Department that there is any outstanding right or claim of right in or to the Airport property, the existence of which creates an undue risk or interference with the operation of the Airport or the performance of the covenants of the Sponsor herein contained, the Sponsor will acquire, extinguish or modify said right or claim of right in a manner acceptable to the Department. SERVICEABILITY AND SAFETY 5.07 It will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the Airport and will not permit any activity thereon which would interfere with its use for airport purposes. In furtherance of this covenant the Sponsor will have in effect at all times arrangements for: (a) Operating the Airport's aeronautical facilities whenever required. (b) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions, and (c) Promptly notifying airmen of any condition affecting aeronautical use of the Airport. 5.08 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the Department for the maintenance and operation of such facilities. 5.09 Sufficient funds will be made available when construction is completed to assure effective operation and maintenance of the facility for the purposes constructed. 5.10 It acknowledges that failure to properly maintain the facilities as required by 5.08 and 5.09 shall be considered a default under the terms of this Agreement and as a consequence of the default,the Department may implement the provisions of section 2.05. i USE AND OPERATION 5.11 It will operate the Airport as such for the use and benefits of the public. In furtherance of this covenant(but without limiting its general applicability and effect), the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes. The Sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the airport. The Sponsor may also prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation need of the public. 5.12 It will operate the Airport on fair and reasonable terms, and without unjust discrimination. In furtherance of the covenant (but without limiting its general applicability and effect,) the Sponsor specifically covenants and agrees: (a) That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class or persons by reason of race, color, creed, or national origin in the use of any of the facilities provided for the public on the Airport. (b) That in any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person,form or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor will insert and enforce provisions requiring the contract: (1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) to charge fair,reasonable, and not unjustly discriminatory prices for each unit of service: provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of prices reduction to volume purchasers. (c) That this will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including, but not,limited to maintenance and repair) that it may choose to perform. (d) In the event the Sponsor itself exercises any of the rights and privileges referred to in subsection b, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the Sponsor under the provisions of such subsection b. 5.13 It will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the Airport to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of aircraft, sale of aircraft parts, and any other activities which, because of their direct relationship to the operation of aircraft, can be regarded as an aeronautical activity. 5.14 That it will not charge, or permit to be charged, any fee, directly or indirectly, for the privilege of landing or taking off of aircraft (other than those involved in commercial operations offering services for fee or hire) at or from the airport or the parking of aircraft on the airport for a period less than 12 consecutive hours. 5.15 The airport operator or owner will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the Airport as self-sustaining as possible under the circumstances existing at the Airport, taking into account such factors as the volume of traffic and economy of collection. INFORMATION OBLIGATIONS 5.16 The Sponsor will keep up-to-date at all times and provide to the Department an airport layout plan of the Airport showing: (a) the boundaries of the Airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Sponsor for airport purposes, and proposed additions thereto: (b) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (c) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. The Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan, if such changes or alterations might adversely affect the safety,utility, or efficiency of the Airport. 5.17 The Sponsor will furnish the Department with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the Department or may be submitted in such manner as the Sponsor elects so long as the essential data are furnished. The Airport and all airport records and documents affecting the Airport, including deeds,leases, operation and use agreement, regulations, and other instruments, will be made available for inspection and audit by the Department upon reasonable request. ASSURANCES LIMITED 5.18 Nothing contained herein shall be construed to require that the Airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Nor shall anything be herein construed as requiring the maintenance, repair,restoration or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Sponsor. 5.19 Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any service of a nonaeronautical nature or to obligate the Sponsor to furnish any particular nonaeronautical service at the Airport. 6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement the Sponsor authorized the undersigned to execute this agreement. Signed this day of , on behalf of the Sponsor. By: Attested: Title: Title: Signed this / day of 1g/ex-tie/ , 2n1Ton behalf of the Iowa Department of Transportation. _. By: Michelle McEnany p Director Office of Aviation March 1999 EXHIBIT A UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT)that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with state funds. Under this policy it is the responsibility of the recipients of state funds to help finance projects to make a positive effort to solicit bids from and to utilize TSBs as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. The Recipient's "positive efforts" should include,but not be limited to: 1. Obtaining the names of qualified TSB contractors from the Iowa Department of Economic Development(515-242-4721) and/or seek these contractors through advertising in general- circulation, trade association or minority-focused media. The Iowa Department of Management shall determine whether contractors who respond to such advertisements qualify for TSB designation. 2. Notifying qualified TSBs of proposed projects involving state-assisted funding. Notification should be made in sufficient time to allow the TSBs to participate effectively in the bidding process. 3. Soliciting bids from qualified TSBs on each project, and identifying for TSBs the availability of subcontract work. 4. Including in the bid proposals for state-assisted projects, a contract provision titled"TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)", or a similar document developed by the Recipient. 5. Ensuring that the awarded contractor has and shall follow the contract provisions. The Recipient is encouraged to establish goals or percentages to achieve TSB participation in these projects. Contract goals may vary depending on the type of project, the projects sub- contractible items, the type of service or supplies needed for the project, and the availability of qualified TSBs in the area. 1 of 2 EXHIBIT A The Recipient shall agree to provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSBs. Such documentation can be used---- to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals noting established TSB goals, if any. • 3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the , project or projects covered by this agreement. 4. The attached "Checklist and Certification" form shall be filled out upon completion of each project and forwarded to the Iowa DOT's EEO Administrator, Office of Contracts. 2of2 May 1999 CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) • CITY: PROJECT NUMBER: AGREEMENT NUMBER: 1. Were qualified TSB names obtained from the Department of Economic Development? YES NO If no, explain 2. Were qualified TSBs notified of project? YES NO If yes, by letter , telephone , personal contact , other If no, explain 3. Were bids solicited from qualified TSBs? YES NO If no, explain 4. Was a goal or percentage (%) established for TSB participation? YES NO 'f, yes,what was the goal or (%) If no, explain why not, 5. Did the prime contractor use positive efforts to utilize TSBs on subcontracts? YES NO If no, what action was taken by the City Is documentation in files? YES NO 6. What was the dollar amount reimbursed to the City from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSBs? $ Name and address of the TSB (Use additional sheet if necessary) Was the goal or percentage (%) achieved YES NO If no, explain I certify that the CITY used positive efforts to utilize TSBs as participants in this project. PROJECT ENOINEER/MANAGER DATE Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. A05-26 RESOLUTION APPROVING A LEASE AGREEMENT WITH THE STATE OF IOWA ARMORY BOARD FOR SPACE TO PARK MOTOR VEHICLES. WHEREAS, the Iowa City Airport Commission and the State of Iowa Armory Board wish to enter into an agreement to lease ground to park motor vehicles in the southeastern area of the Iowa City Municipal Airport ; WHEREAS, the Lease Agreement with the State of Iowa Armory Board is attached to this resolution and incorporated herein; and WHEREAS, it is in the Commission's best interest to enter into said Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign and the Secretary to attest to the Lease Agreement, a copy of which is attached. 1 � Passed and approved this 7 day of O< (' , 2005. LOZ D I CHAIRPERSON (, Approved by ATTEST: c. Jt. L S` 'ETARY City Attorney's Office It was moved by r'1'edV K and seconded by 1 ' , the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: V Farris ✓ Hartwig Horan Staley Williams LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into by and between the Iowa City Airport Commission of Iowa City, Iowa (hereinafter called the "Lessor"), and the Armory Board, represented by the Adjutant General of Iowa (hereinafter called "Lessee"), whose address for the purpose of this lease is 7700 N.W. Beaver Drive, Johnston, Iowa 51131-1902. 1. Property Leased. In consideration of the mutual terms, agreements, and conditions herein contained, Lessor hereby leases unto Lessee the following described real property situated at the Iowa City Municipal Airport in Iowa City, Johnson County, Iowa("Airport"), to wit: A 28, 800 square foot parcel of land located on South Riverside Drive, south of the entrance drive and north of the Reserve Center, at the Iowa City Municipal Airport. The specific location of said parcel is marked and staked by the Lessor and a diagram showing the approximate location and configuration of said parcel is attached hereto and incorporated herein as Exhibit A (hereafter"Leased Property"). 2. Term. The term of this lease shall commence on September 1, 2004, and shall expire on August 31, 2006, unless terminated prior to said date pursuant to the provisions of paragraph 9 herein. 3. Rent. Lessee agrees to pay Lessor rent for the Leased Property as follows: $2,884.00 per year, in advance, payable on the first day of September during the term of this lease. The rent shall be paid pro rata by the Lessee for any period of possession less than a full year. 4. Possession. Lessee shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Lessor at the time and date of the close of this lease, except as herein provided. Should the Lessor be unable to give possession on said date, Lessee's only damages shall be a pro rata reduction of the annual rent otherwise due. 5. Use of Property. Lessee covenants and agrees during the term of this lease to use and occupy the Leased Property only for the parking of motor vehicles. In regard to said use, the Lessee shall comply with all city, state and federal codes, including but not limited to Federal Aviation Administration rules and regulations. 6. Parking and Access. The Lessee shall gravel and maintain the Leased Property to be used as a parking area. The Lessee shall also maintain a permanent chain link fence and controlled access gate as shown in Exhibit A. These improvements shall become the property of the Lessor upon termination or expiration of this Agreement. Page 1 7. Maintenance and Repairs. Lessee shall be responsible for maintenance and repair of all structures and landscaping on the leased premises. The exterior maintenance is to include, but is not limited to, trimming trees and bushes, mowing the grass, and clearing the snow from the hard-surfaced areas. 8. Reasonable Care of Property. Lessee shall not permit or allow any portion of the premises to be damaged by any negligent act or omission of Lessee or its employees, and Lessee agrees to surrender the premises at the expiration of this agreement in as good condition as at the commencement of this agreement, normal wear and tear excepted. Lessee agrees to give the Commission free access to inspect the premises at all reasonable times. 9. Termination of Lease. This lease may be terminated by either party herein by giving written notice to the other party, said notice to be given at least 30 calendar days prior to the intended termination date. 10. Non-Discrimination Clause. The Lessee covenants, in consideration of the right to lease property at the Iowa City Municipal Airport, that there will be no discrimination against any person for employment or public accommodation covered by this agreement because of race, religion, color, creed, sex, national origin, sexual orientation, gender identity, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. The Lessee shall remain in compliance with all requirements of 49 CFR Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. 11. Indemnification. To the fullest extent permitted by law, Lessee shall indemnify and hold harmless the City of Iowa City, the Iowa City Airport Commission, its agents, servants, and employees against all claims, demands, and judgments made or recovered against the City for damages to real or tangible personal property, or for personal injury, bodily injury, or death to any person arising out of, or in connection with, any acts or omissions or use or misuse of the leased premises by Lessee, its agents, or sublessees, or any one directly or indirectly employed by any one of them. 12. National Emergency. 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 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. Any fees associated with such suspension shall also be suspended during the time period of the above-described inconsistency. 13. Assignment. This lease shall not be assigned without written permission of the Lessor. 14. Severability. In the event any portion of this Lease is found invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. Page 2 15. Grant Assurances. This agreement 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. Lessee acknowledges and agrees that the rights granted to Lessee in this agreement would not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport. 16. Notices and Demands. Notices as provided for in this lease shall be given to the Commission by notifying the Airport Commission Chairperson and by notifying Lessee at their respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such notice shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepared, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 17. Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors, and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy,the successor in interest shall be the surviving joint Lessee. 18. FAA provisions. For purposes of paragraphs (a) through (k) below, the Commission shall be referred to as the Lessor and Adjutant General of Iowa shall be referred to as the Lessee. (a) The lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree 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) The lessee, for himself, his personal representative, 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 the lessee, shall use the premises in compliance with all other requirements imposed by Page 3 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 is 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. (d) Lessee 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 lessee may make reasonable and non-discriminatory discounts,rebates, or other similar types of price reductions to volume purchasers. (e) Lessor reserves the right (but shall not be obligated to Lessee) 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 the Lessee in this regard. (f) Lessor 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 Lessee, and without interferences or hindrance. (g) Lessor reserves the right to take any action it considers necessary to protect the serial approaches of the airport against obstructions, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of Lessor would limit the usefulness of the airport or constitute a hazard to aircraft. (h) During time of war or national emergency, Lessor 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 agreement 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 (name or Lessor), 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 provision of any existing or future agreement between the Lessor and the United States of America or any agency thereof relative to the Page 4 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. IOWA CITY AIRPORT COMMISSION THE ARMORY BOARD, STATE OF IOWA By: By: Chairperson Adjutant General of Iowa ATTEST: ATTEST: Secretary Date: Date: Approved by: City Attorney's Office —01 Date: Date: Page 5