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HomeMy WebLinkAbout2008 Airport Commission Resolutions RES. NO. SUBJECT DATE A08-01 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 1/10/08 SIGN AND THE SECRETARY TO ATTEST TO AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SEE AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK TO EXTEND THE TERM A08-02 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 1/10/08 EXECUTE AND THE SECRETARY TO ATTEST TO A LAND LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND DEPARTMENT OF THE ARMY A08-03 RESOLUTION APPROVING PROJECT TASK ORDER 1/10/08 NO. 7 WITH EARTH TECH FOR BUILDING H EXPANSION A08-04 RESOLUTION SETTING A PUBLIC HEARING ON 1/10/08 FEBRUARY 14 2008 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE REMOVAL OF THE UNITED HANGAR, AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A08-05 RESOLUTION RESCINDING RESOLUTION A06-21 AND 1/10/08 AUTHORIZING THE AIRPORT OPERATIONS SPECIALIST AND COMMISSION CHAIRPERSON TO EXECUTE CONTRACTS FOR PUBLIC IMPROVEMENTS AND FOR PURCHASE OF GOODS NOT TO EXCEED A SPECIFIED DOLLAR AMOUNT A08-06 RESOLUTION APPROVING AGREEMENTS WITH 2/14/08 MERSCHMAN SEEDS, INC. AND REGENNITER FARMS, INC. TO PROVIDE A GATE TO CONTROL ACCESS, A LEASE FOR AN ACCESS WAY FROM MORMON TREK BLVD., AND A TEMPORARY CONSTRUCTION EASEMENT A08-07 RESOLUTION APPROVING PROJECT TASK ORDER 2/14/08 NO. 8 FOR AIRPORT PAVEMENT REHABILITATION A08-08 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 2/14/08 FORM OF CONTRACT AND ESTIMATE ON COST FOR THE REMOVAL OF THE UNITED HANGAR A08-09 RESOLUTION AUTHORIZING THE AIRPORT 2/14/08 OPERATIONS SPECIALIST OR COMMISSION CHAIRPERSON TO SIGN TEMPORARY ACCESS AGREEMENTS A08-10 RESOLUTION APPROVING A REVISED LEASE WITH 4/10/08 THE ARMY RESERVE 2008 Resolutions Page 2 A08-11 RESOLUTION ACCEPTING THE WORK FOR THE 4/10/08 PHASE 2 RUNWAY 7-25 EXTENSION GRADING A08-12 RESOLUTION APPROVING EARLY RELEASE OF 4/10/08 FUNDS RETAINED PURSUANT TO CHAPTER 26 AND CHAPTER 573 FOR THE TERMINAL APRON RECONSTRUCTION PROJECT A08-13 RESOLUTION AWARDING CONTRACT AND 4/10/08 AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE DEMOLITION OF UNITED HANGAR A08-14 RESOLUTION SETTING A PUBLIC HEARING ON MAY 8, 4/28/08 2008 FOR THE PLANS SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE RUNWAY 7-25 RUNWAY RECONSTRUCTION, AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A08-15 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 5/8/08 FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE RUNWAY 7-25 RECONSTRUCTION PROJECT A08-16 RESOLUTION SEETING A PUBLIC HEARING ON JUNE 5/22/08 9, 2008 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE BUILDING H EXPANSION AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A08-17 RESOLUTION ACCEPTING FEDERAL AVIATION GRANT 6/9/08 FOR RUNWAY 7-25 REHABILITATION — PHASE I A08-18 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 6/9/08 FORM OF CONTRACT, AND ESTIMATE ON COST OF THE BUILDING H — UNIVERSITY OF IOWA HANGAR EXPANSION A08-19 RESOLUTION APPROVING SUPPLEMENTAL 6/13/08 AGREEMENT NO. 9 WITH EARTH TECH FOR ENGINEERING SERVICES RELATING TO THE RUNWAY 7-25 RECONSTRUCTION — PHASE 1 PROJECT A08-20 RESOLUTION AWARDING CONTRACT AND 6/13/08 AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF RUNWAY 7-25 REHABILITATION PHASE 1 A08-21 RESOLUTION AUTHORIZNIG THE CHAIRPERSON TO 7/10/08 SIGN A SHORT TERM LEASE WITH FEMA FOR STORAGE OF MOBILE HOMES IN AVIATION COMMERCE PARK 2008 Resolutions Page 3 A08-22 RESOLUTION EXTENDING THE CONTRACT 7/10/08 TERMINATION DATE FOR HERTZ CORPORATION A08-23 RESOLUTION REJECTING BIDS RECEIVED ON JULY 7/10/08 10, 2008 FOR THE EXPANSION OF BUILDING H PROJECT A08-24 RESOLUTION AUTHORIZING CHAIRPERSON TO 7/10/08 ACCEPT AN IOWA DEPARTMENT OF TRANSPORTATION GRANT A08-25 RESOLUTION SETTING A PUBLIC HEARING ON 8/4/08 AUGUST 14, 2008 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2008 PAVEMENT REHABILITATION PROJECT, AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A08-26 RESOLUTION APPROVING COMMERCIAL OPERATING 8/14/08 AGREEMENT WITH HERTZ CORPORATION A08-27 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 8/14/08 EXECUTE AND THE SECRETARY TO ATTEST TO A CORPORATE HANGAR LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND INTERWEST EQUITIES A08-28 RESOLUTION APPROVING SUPPLEMENTAL 8/14/08 AGREEMENT NO. 11 WITH EARTH TECH FOR ENGINEERING SERVICES RELATING TO THE RUNWAY 7-25 RECONSTRUCTION — PHASE 1 A08-29 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 8/14/08 FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE 2008 PAVEMET REHABILITATION PROJECT A08-30 RESOLUTION AWARDING CONTRACT AND 9/11/08 AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE 2008 PAVEMENT REHABILITATION A08-31 RESOLUTION ACCEPTING THE WORK FOR THE 9/11/08 TERMINAL APRON REHABILITATION A08-32 RESOLUTION ACCEPTING THE WORK FOR THE 11/13/08 REHABILITATION OF THE SOUTH T-HANGAR TAXILANES A08-33 RESOLUTION ACCEPTING THE WORK FOR THE JET A 11/13/08 /AVGAS FUEL SYSTEM UPGRADES Prepared by: Susan Dulek,Asst. City Attorney,410 E.Washington Street, Iowa City, IA 52240(319)356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST TO AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK TO EXTEND THE TERM. 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 have subsequently amended the Listing Agreement seven (7) times and it will expire on January 22, 2008; and WHEREAS, it is in the best interest of the Commission to approve the attached Eighth Amendment to Listing Agreement, which will extend the term to December 31, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is authorized to sign and the Secretary to attest to the attached Eighth Amendment to Listing Agreement. Passed and approved this O day of }G^ t , 2008. l // CHAIRPERSON Approved by 3 ATTEST: l pS CRETAR City Attorney's Office fick It was moved by y and seconded by S-ic the Resolution be adopted, and upori roll call there were: / AYES: NAYS: ABSENT: Farris Hartwig Horan Rettig Staley EIGHTH AMENDMENT TO LISTING AGREEMENT WHEREAS, on April 20, 2004, the Iowa City City Council, Iowa City Airport Commission, and NM Iowa Realty Commercial entered into listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the parties have previously entered into seven amendments including an amendment that extends the term of the Listing Agreement to January 22, 2008; WHEREAS, the parties wish to extend the Listing Agreement through 2008; and WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties. 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 December 31, 2008. All other terms of the Listing Agreement, as amended, shall remain in full force and effect. NAI IOWA REALTY COMMERCIAL fik 4i ,04Ai I7-)31 J - Pe.. :ughter Date • Randy Mil - Dat / THE IOWA CITY AIRPO• • OMMISSION 'oward Horan, Chairperson sate Attest: Janelle ettig,9tSecretary Date r s' THE CITY OF IOWA CITY Ma ' n K. Karr, City Clerk 'M = D. Bailey, Mayor - CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 1514c- day of w arz t , 2008, before me, the undersigned, a notary public in and for the State of lows, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Approved by Sia -3-02 oJa��u SONDRAE FORT x 1.Commission Number 159791 City Attorney's Officeoµ 3Commission Ex9ires 4. Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. t) t-Ig ®" RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A LAND LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY,IOWA,AND DEPARTMENT OF THE ARMY WHEREAS,the Airport Commission of the City of Iowa City has negotiated a lease for land for a period August 1,2007 through July 31, 22;and Zvo°I WHEREAS,the previous lease agreement has expired; and WHEREAS,the Commission finds the proposed lease to be proper and in the best interest of the Iowa City Municipal Airport. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed land lease is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the lease between the Airport Commission and the Department of the Army. Passed and approved this I bu.c,3 10 , 2007. It was moved by S-k W-y and seconded by HJR/9 the Resolution be adopted, and upon roll call there wete: J Ayes Nays Absent Farris ",/ Hartwig t../ Horan Rettig Staley - `'t'�-.- Approved By: CHA I'1'ERSON ATTEST: 1r''% CRE ' •Y City Attorney's Office STANDARD FORM 2 FEBRUARY 1965 EDITION U.S. GOVERNMENTGENE ADMINISTRATION IONAL ES LEASE FOR REAL PROPERTY FPR(41 CFR)1-16.601 Renewal of DACA45-5-02-00409 • DATE OF LEASE LEASE NO. THIS LEASE,made and entered into this date by and between the IOWA CITY AIRPORT COMMISSION, Tax I.D.#42 600 4805 whose address is 1801 South Riverside Drive Iowa City,Iowa 52248 and whose interest in the property hereinafter described is that of owner hereinafter called the Lessor,and the UNITED STATES OF AMERICA,hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned,covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: A 24,000 square foot parcel of land located on South Riverside Drive,south of the entrance drive and west 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." The referenced premises will be used for government purposes. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 1 August,2007 through 31 July 2008 ,subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of$ 2,867.16 at the rate of$238.93 per_month in arrears. Rent for a lesser period shall be prorated. Rent by electronic funds transfer(EFT) shall be made payable to: The Iowa City Airport Commission, 1801 South Riverside Drive,Iowa City,Iowa 52248. PAYMENT SHALL BE MADE BY: HQ, 89th RRC ATTN: ARRC-CKS-EN-B 3130 George Washington Blvd. Wichita,KS 67210 Funding Citiation: 2182080 00000 2A BRAK 131R79H2S56 232Z 2WFWCN IA018JH8LEAA01 FWCN2W 012167 4. The Government may terminate this lease at any time after_31 July 2008 by giving at least 30 days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. The Government may also terminate this lease or any renewal without notice if adequate appropriations are not available for payment of rent during each fiscal year which begins 1 October and ends 30 September. 5. This lease shall be automatically renewed from year-to-year without further notice unless and until the Government shall give notice of termination in accordance with clause 4; Provided that adequate appropriations are available from year-to-year for the payment of rentals; and Provided further, that this lease shall in no event extend beyond 31 July 3 a 90/ • 6. The Lessor shall furnish to the Government,as part of the rental consideration,the following: N/A 7. The following are attached and made a part hereof: The General Provisions and Instructions(Standard Form 2-A May, 1970 edition)with paragraphs 1,4,5 and 11 are deleted. Additionally,paragraphs 17, 18, 19,20,21,22 and 23 of General Provisions SF2-A, revised October, 1981,are added hereto and made a part hereof before execution of this lease. 8. The following changes were made in this lease prior to its execution: (a.) It is understood and agreed that the effective date of this lease shall be amended if the Lessor cannot provide beneficial occupancy of the space by the date specified. In the event the effective date of this lease shall be extended by Supplemental Agreement hereto,rental shall then commence with the newly established date the space is available and suitable for occupancy. (b.) The Government covenants and agrees during the term of the Land Lease to use and occupy the leased property only for the storage of motor vehicles. In regard to said use,the Government shall-comply with all city, state and federal codes, including, but not limited to Federal Aviation Administration rules and regulations. (c.) The Government shall maintain the leased property to be used as a vehicle storage area. At the termination of this Land Lease, the Government shall return said leased property to the possession of the Lessor. The Lessor may,upon not less than 20 days written notice to the Government before termination of the Land lease, require restoration of the leased premises. In this event, prior to the expiration or termination of the Land Lease, or prior to the relinquishment of possession, whichever first occurs, the Government shall,at its sole election either,(1)restore the premises to the same condition as that which it was in when the Government first took possession,ordinary wear and tear,damage by the elements and/or circumstances over which the Government has no control excepted,or(2)pay to the Lessor a sum of money representing either the diminution in the fair market value of the property due to the failure to restore, or the actual cost of restoration,whichever is the lesser amount. The Government's liability under this clause is subject to the availability of appropriations for such payment, and nothing contained in this Agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies. (d.) It is understood and agreed that the provisions and obligations of paragraphs 9 and 10 of the General Provisions and Instructions (Standard Form 2 - A May, 1970 edition) below, shall be applicable to the Government as they are to the Lessor in regard to matters of Equal Opportunity and non-discrimination on the basis of race,color,religion(creed),sex,disability,familial status or national origin. (e.) This Land Lease shall not be sublet or assigned without written permission of the Lessor. (f.) In the event any portion of this Land Lease is found invalid,the remaining portions shall be deemed severable and shall remain in full force and effect. (g.) The Owner shall not be responsible for liability or injuries to persons or damage to property when such injuries or damage are caused by or result from the use by the Government(or its representatives,agents, contractors and assigns) of the premises unless such injuries are caused solely by the negligence of the Owner. The Owner reserves all rights,legal or equitable, against the United States Government for any damages,losses,costs including attorney's fees,for injuries suffered by the Owner as a result of the United States Government's operations under this agreement. 2 (h.) Lessor shall register in the Central Contractor Registration(CCR)vendor database. Registration is required in order to receive rental payments. This registration must be updated annually. IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: IOWA CITY AIRPORT COMMISSION BY (Signature) (Signature) IN PRESENCE OF: (Signature) (Address) UNITED STATES OF AMERICA BY (Signature) (Official title) STANDARD FORM 2 FEBRUARY 1965 EDITION 3 GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS U.S. Government Lease for Real Property GENERAL PROVISIONS No member of or Delegate to Congress,or Resident Commissioner I. SUBLETTING Its ' :e 9 T E l shall be admitted to any share or part of this lease contract,or to any Th- a�t •ji j} k'1 i {� t`irk t a.4"' ' ' ses but shall not benefit that may arise therefrom;but this provision shall not be. be r- t 11t• ,� . W t. under this lease by reason of such construed to extend to this lease contract if made with a corporation suble r 1. for its general benefit. 2. MAINTENANCE OF PREMISES. 8. ASSIGNMENT OF CLAIMS. The Lessor shall maintain the demised premises,including the Pursuant to the provisions of the Assignment of Claims Act of building and any and all equipment,fixtures,and appurtenances, 1940,as amended(31 U.S.C.203,41 U.S.C.15),if this lease furnished by the Lessor under this lease in good repair and provides for payments aggregating$1,000 or more,claims for tenantable condition,except in case of damage arising from the act monies due or to become due the Lessor from the Government under or the negligence of the Government's agents or employees. For the this contract may be assigned to a bank,trust company,or other purpose of so maintaining said premises and property,the Lessor financial institution,including any Federal lending agency,and may may at reasonable times,and with the approval of the authorized thereafter be further assigned or reassigned to any such institution. Government representative in charge,enter and inspect the same and Any such assignments or reassignments shall cover all amount make any necessary repairs thereto. payable under this contract and not already paid,and shall not be made to more than one party,except that any such assignment or 3. DAMAGE BY FIRE OR OTHER CASUALTY. reassignment may be made to one party as agent or trusteefor two or If the said premises be destroyed by fire or other casualty this lease more parties participating in such financing. Notwithstanding any shall immediately terminate. In the case of partial destruction or provision of this contract.Payments to an assigneeof any monies damage,so as to render the premises untenantable,as determined by due or to become due under this contract shall not,to the extent the Government,the Government may terminate the leaseby giving provided in said Act,as amended,be subject to reduction or setoff. written notice to the Lessor within fifteen(15)days thereafter;if so terminated no rent shall accrue to the Lessor after such partial 9. EQUAL OPPORTUNITY CLAUSE. destruction or damage;and if not so terminated the rent shall be (The following clause is applicable unless this contract is exempt reduced proportionately by supplemental agreement hereto effective under the rules,regulations,and relevant orders of the Secretary of from the date of such partial destruction or damage. Labor(41 CFR,Ch.60).) During the performance of this contract,the Contractor agrees as 4. ALTERATIONS follows: The Government shall have the right during the�- ' a of this (a) The Contractor will not discriminate against any employee T.lease to make alterations,attach r co L g., or applicant or employment because of race,color,religion(creed), structures or 'an .1 I^{ If1Z1 �i IM lr ., ch sex,disability,familial status,or national origin. The Contractor fixtureitd, . 't 11 ,r `i5 ed in,upon or attached to the will take affirmative action to ensure that applicants are employed, said pre v 6'a' '.l ie and remain the property of the Government and that employees are treated during employment,without regard and may be removed or otherwise disposed of by the Government. to their race,color,religion(creed),sex,disability,familial status or national origin. Such action shall include,but not be limited to, 5. CONDITION REPORT the following:Employment,upgrading,demotion,or transfer; A joint physical surve ,ice.. �1 to• r .� >"41 = , !ed recruitment or recruitment advertising;layoff or termination;rates premise X ,,t. .0 fl ie is lease reflecting of pay or other forms of compensation;and selection for training, the the .WWW4.? i I .e signed on behalf of the parties including apprenticeship.The Contractor agrees to post in hereto. ' conspicuous places,available to employees and applicants for employment,notices to be provided by the Contracting Officer 6. COVENANT AGAINST CONTINGENT FEES. setting forth the provisions of this Equal Opportunity clause. The Lessor Warrants that no person or selling agency has been (b) The Contractor will,in all solicitations or advertisements for employed or retained to solicit or secure this lease upon an Employees placed by or on behalf of the Contractor,state that all agreement or understanding for a commission,percentage, qualified applicants will receive consideration for employment brokerage,or contingent fee,excepting bona fide employees or bona without regard to race,color,religion(creed),sex,disability, fide established commercial or selling agencies maintained by the familial status,or national origin. Lessor for the purpose of securing business. For breach or violation (c) The Contractor will send to each labor union or of this warranty the Government shall have the right to annul this Representative or workers with which he has a collective lease without liability or in its discretion to deduct from the rental bargaining agreement or other contract or understanding,a notice, price or consideration,or otherwise recover,the full amount of such to be provided by the agency Contracting Officer,advising the commissions,percentage,brokerage,or contingent fee.(Licensed labor union or worker's representative or the Contractor's real estate agents or brokers having listings on property for rent,in commitments under this Equal Opportunity clause,and shall post accordance with general business practice,and who have not copies of the notice in conspicuous places available to employees obtained such licenses for the sole purpose of effecting the lease, and applicants for employment. may be considered as bona fide employees or agencies within the (d) The Contractor will comply with all provisions of Executive exception contained in this clause.) Order No. 11246 of September 24, 1965,and by the rules, regulations,and orders of the Secretary of Labor. 7. OFFICIALS NOT TO BENEFIT. (e) The Contractor will furnish all information and reports 4 Standard Form 2-A May 1970 Required by Executive Order No. 11246 of September 24,1965, arrangement or one in which the contracting party other than the and by the rules,regulations,and orders of the Secretary of Labor, Lessor has the unilateral right to renew or extend the agreement or or pursuant thereto,and will permit access to his books,records, arrangement,and the unilateral right to renew or extend the and accounts by the contracting agency and the Secretary of Labor agreement or arrangement,until the expiration of the existing for purposes of investigation to ascertain compliance with such agreement or arrangement and the unilateral right to renew or rules,regulations,and orders. extend. (f) In the event of the Contractor's noncompliance with the The Lessor also agrees that it will take any and all lawful actions as Equal Opportunity clause of this contract or with any of the said expeditiously as possible,with respect to any such agreements as rules,regulations,or orders,this contract may be canceled, the contracting agency may direct,as a means of enforcing the terminated,or suspended,in whole or in part,and the Contractor intent of this section,including,but not limited to,termination of may be declared ineligible for further Government contracts in the agreement or concession and institution of court action. accordance with procedures authorized in Executive Order No. 11246 of September 24,1965,and such other sanctions as may be 11. EXAMINATION OF RECORDS imposed and remedies invoked as provided in Executive Order No. 11246 of September 24,1965,or by rule,regulation,or order of (Note—This provision is applicable if thi iev was negotiated the Secretary of Labor,or otherwise provided by law. without advertising.) �'� (g) The Contractor will include the provisions of paragraphs(a) (a) The Lessor agrees that the Co, at N f' eral of the through(g) in every subcontract or purchase order unless United States of any of his duly.a .;.'-presentatives shall, exempted by rules,regulations,or orders of the Secretary of Labor until the expiration of 3 yea ` al payment under this issued pursuant to section 204 of Executive Order No. 11246 of lease,have access to and it* . -xamine any directly September 24, 1965,so that such provisions will be binding upon pertinent books,docu•; s,records of the Lessor each subcontractor or vendor. The Contractor will take such involving transact'.�\k, ,o this lease. action with respect to any subcontract or purchase order as the (b) The Less.\ �i\ i ees to include.in all his subcontracts contracting agency may direct as a means of enforcing such here under a c �f�o the effect that the subcontractor agrees provisions,including sanctions for noncompliance:Provided, that the Coli s eneral of the United States or his however,That in the event the Contractor becomes involved in,or repre •,+ `i all,until the expiration of 3 years after the final is threatened with,litigation with a subcontractor or vendor as a p u,Q <.c'r this lease with the Government,has access to and result of such direction by the contracting agency,the Contractor th Q,it,i examine any directly pertinent book,documents, may request the United States to enter into such litigation to paper`,and records of such subcontractor involving transactions protect the interests of the United States. related to the subcontract. 10. FACILITIES NONDISCRIMINATION. 12. APPLICABLE CODES AND ORDINANCES. (a) As used in this section,the term"facility"means stores, The Lessor,as a part of the rental consideration,agrees to comply shops,restaurants,cafeterias,restrooms,and any other facility of a with all codes and ordinances applicable to the ownership and public nature in the building in which the space covered by this operation of the building in which the leased space is situated and, lease is located. at his own expense,to obtain all necessary permits and related (b) The Lessor Agrees that he will not discriminate by items. segregation or otherwise against any person or persons because of race,color,religion(creed),sex, disability,familial status or 13. INSPECTION. national origin in furnishing,or by refusing to furnish,to such person or persons the use of any facility,including any and all At alt times after receipt of Bids,prior to or after acceptance of any services,privileges,accommodations,and activities provided Bid,or during any construction,remodeling or renovation work, thereby. Nothing herein shall require the furnishing to the general the premises and the building or any parts thereof,upon reasonable public of the use if any facility customarilyfurnished by the Lessor and proper notice,shall be accessible for inspection by the solely to tenants,their employees,customers,patients,clients, Contracting Officer,or by architects,engineers,or other guests and invitees. technicians representing him,to determine whether the essential (c) It is agreed that the Lessor's noncompliance with the requirements of the solicitation or the lease requirements are met. provisions of this section shall constitute a material breach of this lease. In the event of such noncompliance,the Government may 14. ECONOMY ACT LIMITATION. take appropriate action to enforce compliance,may terminate this lease,or may pursue such other remedies as may be provided by If the rental specified in this lease exceed$2,000 per annum,the law. In the event of termination,the Lessor shall be liable for all limitation of Section 322 of the Economy Act of 1932,as amended excess costs of Government in acquiring substitute space, (40 U.S.C.278a),shall apply. including but not limited to the cost of moving to such space. Substitute space shall be obtained in as close proximity to the 15. FAILURE IN PERFORMANCE. Lessor's building as is feasible and moving costs will be limited to the actual expenses thereof as incurred. In the event of failure by the Lessor to provide any service,utility, (d) It is further agreed that from and after the date hereof the maintenance or repairs required under this lease,the Government Lessor will,at such time as any agreement is to be entered into or a shall have the right to secure said services,utilities,maintenance concession is to be permitted to operate,include or require the or repairs and to deduct the cost thereof from rental payments. inclusion of the foregoing provisions of this section in every such agreement or concession pursuant to which any person other than 16. LESSOR'S SUCCESSORS. the Lessor operates or has the right to operate any facility. Nothing herein contained,however,shall be deemed to require the The terms and provisions of this lease and the conditions herein Lessor to include or require the inclusion of the foregoing shall bind the Lessor,and the Lessor's heirs,executors, provisions of this section in any existing agreement or concession administrators,successors,and assigns. 5 Standard Form 2-A May 1970 CERTIFICATION 1. CERTIFICATION OF NONSEGREGATED FACILITIES. religion(creed),sex,disability,familial status or national origin, (Applicable to(1)contracts, (2)subcontracts,and(3) because of habit,local custom,or otherwise. He further agrees agreements with applicants who are themselves performing that(except where he has obtained identical certifications from federally assisted construction contracts,exceeding$10,000 which proposed subcontractors for specific time periods)he will obtain are not exempt from the provisions of the Equal Opportunity identical certifications from proposed subcontractors prior to the Clause.) award of subcontracts exceeding$10,000 which are not exempt By the submission of this bid,the bidder,offeror,applicant,or from the provisions of the Equal Opportunity clause;that he will subcontractor certifies that he does not maintain or provide for his retain such certifications in his files;and that he will forward the employees and segregated facilities at any of his establishments, following notice to such proposed subcontractors (except where and that he does not permit his employees to perform their services the proposed subcontractors have submitted identical certifications at any location,under his control,where segregated facilities are for specific time periods): maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his NOTICE TO PROSPECTIVE SUBCONTRACTORS OF establishments,and that he will not permit his employees to REQUIREMENT FOR CERTIFICATIONS OF perform their services at any location,under his control,where NONSEGREGATED FACILITIES segregated facilities are maintained. The bidder,offeror, applicant,or subcontractor agrees that a breach of this certification A Certification of Nonsegregated Facilities must be submitted is a violation of the Equal Opportunity clause in this contract. As prior to the award of a subcontract exceeding$10,000 which is not used in this certification,the term"segregated facilities"means exempt from the provisions of the Equal Opportunity clause. The any waiting room,work areas,rest rooms and wash rooms, certification maybe submitted either for each subcontractor for all restaurants and other eating areas,time clocks,locker rooms,and subcontracts during a period(i.e.,quarterly,semiannually,or other storage or dressing areas,parking lots,drinking fountains, annually). recreation or entertainment areas,transportation,and housing Note: The penalty for making false statements in offers is facilities provided prescribed in 18 U.S.C. 1001. for employees which are segregated on the basis of race,color, NOTE.The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. INSTRUCTIONS 1. Whenever the lease is executed by an attorney,agent or the officer or other person signing the lease on its behalf,duly trustee on behalf of the Lessor,two authenticated copies of his attested,and if requested by the Government evidence of this power of attorney,or other evidence to act on behalf of the authority so to act shall be furnished. Lessor,shall accompany the lease. 4. When deletions or other alterations are made specific 2. When the Lessor is a partnership,the names of the partners notation thereof shall be entered under clause 8 of the lease composing the firm shall be stated in the body of the lease. The before signing. lease shall be signed with the partnership name,followed by the 5. If the property leased is located in a State requiring the name of the partner signing the same. recording of leases,the Lessor shall comply with all such 3. Where the Lessor is a corporation,the lease shall be signed statutory requirements at the Lessor's expense. with the corporate name,followed by the signature and title of 6 Standard Form 2-A May 1970 General Provisions SF 2-A 17. ALTERATIONS The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and erect additions, structures, or signs in or upon the premises hereby leased, which fixtures, additions, or structures shall be and remain the property of the Government, and may be removed by the Government before the expiration or termination of this lease. 18. GRATUITIES (a) The Government may, by written notice to the Lessor, terminate the right of the Lessor to continue under this lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government, with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such leases; Provided, that the existence of facts upon which the Secretary of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this lease is terminated as provided in Paragraph (a) hereof, the Government shall be entitled (I) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (ii) as a penalty beyond any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Army or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Lessor in providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease. 19. MAINTENANCE All matters regarding maintenance shall be referred to: Iowa City Airport Commission ATTN: Mr. Michael Tharp 1801 Riverside Drive Iowa City, Iowa 52248 (319) 356-5045 7 Standard Form 2-A October 1981 20. All matters concerning the leased property and/or notice under the terms of the lease by the Lessor shall be in writing signed by a duly authorized representative of the party giving such notice, and if given by the Lessor, shall be addressed to the Omaha District, Corps of Engineers, Real Estate Division, 106 So. 15"Street, Omaha, Nebraska 68102-1618, and if given by the Government, shall be addressed to the Lessor: Iowa City Airport Commission ATTN: Mr. Michael Tharp 1801 Riverside Drive • Iowa City, Iowa 52248 (319) 356-5045 21. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (a) This clause is applicable if the amount of this lease exceeds $2,500.00, and was entered by means of negotiation, including small business restricted advertising, but is not applicable if this lease was entered by means of formal advertising. (b) The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after the final payment under this lease or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20 as appropriate, have accesses to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor, involving transactions related to this contract. (c) The Lessor further agrees to include in all his contracts hereunder a provision to the effect that the contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under the subcontract or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of such contractors, involving transactions related to the contract. The term "contract" as used in this clause excludes (1) purchase orders not exceeding $2,500; and (2) contractors or purchase orders for public utility services at rates established uniform applicability to the public. (d) The period of access and examination described in (b) and (c) above, for records that relate to (1) litigation or the settlement of claims arising out of the performance of this contract or (2) costs and expenses of this contract, as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed of. 22. LISTING OF EMPLOYMENT OPENINGS (This clause is applicable pursuant to 41 CFR 60-250 if this lease is for$10,000 or more, and will generate 400 or more man-days of employment). 8 Standard Form 2-A October 1981 (a) The Lessor agrees that all employment openings of the Lessor that exist at the time of the execution of this lease and those that occur during the performance of this lease, including those not generated by this lease and including those occurring at an establishment of the lease other than the one in which the lease is being performed but excluding those of independently operated corporate affiliates, shall, to the maximum extent feasible, be offered for listing at an appropriate local office of the state employment service system in which the opening occurs, and to provide such periodic reports to such local offices regarding employment openings and hires as may be required. (b) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort, and shall involve only the normal obligations that attach to the placing of a bona fide job order but does require the hiring of any job applicant referred by the employment service system. (c) The periodic reports required by Paragraph (a) of this clause, shall be filed at least quarterly with the appropriate locale office or, where the Lessor has more than one establishment the number of individuals who were hired during the reporting period and the number of hires who were veterans who served in the Armed Forces on or after August 5, 1964, and who received other than a dishonorable discharge. The Lessor shall maintain copies of the reports submitted until the expiration of one year after the final payment under the lease, during which time they shall be made available, upon request, for examination by any authorized representatives of the Contracting Officer or the Secretary of the Labor. (d) Whenever the Lessor becomes contractually bound to the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such establishment in the State. As long as the Lessor is contractually bound to these provisions and has so advised the State employment service system, there is no need to advise the State system of subsequent leases. The Lessor may advise the State systems when it is no longer bound by this lease clause. (e)This clause does not apply (1) to the listing of employment openings that occur outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, and (2) to leases with State and local Governments. (f)This clause does not apply to openings that the Lessor proposes to fill from within his own organization, or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside his own organization or employer-union arrangement for that opening. (g) As used in this clause: (1) "All employment openings" include, but are not limited to, openings that occur in the following job categories: Production and nonproduction; plant and office; laborers and 9 Standard Form 2-A October 1981 • mechanics; supervisory and non supervisory; technical; and executive, administrative, and professional openings compensated on a salary basis of less than $18,000 per year. This term includes full-time employment, temporary employment of more than three days' duration, and part-time employment. (2) "Appropriate office of the State employment service system" means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) Openings that the Lessor proposes to fill from within his own organization, or to fill pursuant to a customary and traditional employer-union hiring arrangement, "means employment openings for which no consideration will be given to persons outside the Lessor's organization (including any affiliates, subsidiaries, and parent companies) or outside a special hiring arrangement that is part of the customary and traditional employment relationship that exists between the Lessor and representatives of his employees and includes any openings that the Lessor proposes to fill from regularly established "recall" or"rehire" lists or from union hiring halls. (4) "Man-day of employment" means any day during which an employee does more than one hour of work. (h)The Lessor agrees to place this clause (excluding this Paragraph h) in any contract directly under this lease. 23. Exit signs, emergency lighting, portable fire extinguishers, and fire protection networks, such as, sprinkler systems and alarms, which meet fire protection standards established by applicable state statues, fire regulations, building codes or local ordinances, shall be provided and maintained by the Lessor. This includes, but is not limited to, the recharging of fire extinguishers and replacement of long-life lithium batteries in smoke detectors. Equipment, services or utilities furnished, and activities of other occupants shall be free of safety, health and fire hazards. 10 Standard Form 2-A October 1981 . 08'03'95 12: 16 DCSLOG WALLACE Cr 003 • 319556508L . 5 His ENGINEERS 221' P03 AUG 03 '95 10:02 -~ To: W.Jock Qahrts Oats:7/xW.e T=m•: u:bu:36 ..-1995 11156 P � ol� I r.XHIBrnAr, 1 i sr----- -, _ MMM sr Mem 'tc I 4 =TRW I « J PAice. Iowa National Gua1ct I M .ire font national Guard • lair,14 Soren 1 I Proposed (SRA parkins area I • "' access rate i • Approximately 74,600 square feet • .41e444.4,44; Fib tete•M l� : aKAN �-1"...14. oAcaa MOONIT A ' •-..„... 4 i Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)356 5045 RESOLUTION NO. fi 4)f 4-13.3 RESOLUTION APPROVING PROJECT TASK ORDER NO. 7 WITH EARTH TECH FOR BUILDING H EXPANSION. WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Consultant Agreement"with Earth Tech on August 11,2005 to provide consultant services for projects at the Iowa City Municipal Airport; WHEREAS, Part I(A)of said agreement provides that the projects assigned to Earth Tech will be done so as"Project Task Orders;" WHEREAS, the Commission and Earth Tech entered into Project Task Orders Nos. 1, 2, 3, 4, 5 and No. 6 previously; WHEREAS, the Commission and Earth Tech now desire to enter into Project Task Order No. 7, a copy of which is attached, for Building H expansion. WHEREAS, it is in the best interest of the Commission to enter into Project Task Order No. 7. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized to sign Project Task Order No. 7. Passed and approved this 10 da of �a N k s• 200g. r Approved By: CHAP.' RSON ATTEST: S CRETAR City Attorney's Office It was moved by Re'6land seconded by CeArtri C the Resolution be adopted, and upon roll call there were. Ayes Nays Absent X Farris Hartwig Horan Rettig Staley ' Y EarthTech 501 Sycamore Street P319.232.6531 Suite 222 F 319.232.0271 A NCO International Ltd.Company Waterloo, IA 50703 www.earthtech.com BUILDING II EXPANSION IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA • PROJECT TASK ORDER NO.7 Project Description The project is described as Expansion of Building H at the Iowa City Airport. The project is more specifically defined as an 1,800 square foot expansion of insulated shell space in the hangar area and adding a 1,400 square foot interior build-out for offices with interior walls and windows. Renovation of existing areas is not anticipated. Scope of Services • The services to be performed by the Consultant include architectural, civil, structural, mechanical and electrical design. Services are further defined by 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. As part of this task, a field review will be performed to determine that existing conditions match the original design plans for this building. Information will be documented where existing conditions vary from the design plans. This data, combined with the original design plans, will be used as the basis for the hangar addition and expansion. 2. Subsurface Investigation -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. This task will be accomplished by Terracon as a subconsultant. 3. Design Documents - This task consists of the preparation of the final bid documents for this project. The design will include architectural, structural, mechanical, electrical,heating and air conditioning, and civil. The architectural and structural design will be accomplished by Neumann Monson as a subconsultant. This task includes the preparation of the following: a. Title Sheet b. Site Plan c. Elevations d. Footing and Floor Plan e. Structural Details and Section Details f. Electrical Plan and Details g. Plumbing Plan and Details h. Heating Plan and Details Y r 4. Project Specifications - This task consists of the preparation of specifications for the project. Specifications will be prepared in compliance with current Iowa City Standards: The specifications will be in compliance with local code requirements in effect at the time the specifications are prepared. 5. 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. 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. User Group Meeting - This task consists of meeting the representatives from the Operations Performance Lab to define project needs and desires for the building expansion. 8. Pre-Bid Conference — This task consists of attending and conducting a "Pre-Bid Conference" at the Project site for prospective bidders. 9. Bid Assistance—This task consists of assisting the Commission in advertising for and receiving bids, answering bid document questions from bidders, preparing and issuing any require addenda, analyzing the bids received and preparing a recommendation to the Commission for award of contract. 10. Project Administration During Design - 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. This task also includes preparation of up to 20 sets of contract documents for distribution to Commission, 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 16 16 2 2 2 3a 2 2 3b 8 8 16 3c Neumann Monson 3d Neumann Monson 3e Neumann Monson 3f 24 24 48 3g 16 16 3h 32 32 4 40 16 56 5 4 4 8 -2- Y Senior Project Staff CARD Project Item No. Professional Professional Professional Operator Technician Support Total 6 8 8 7 8 8 8 4 4 9 8 4 12 10 8 8 16 Total Design Services 16 136 14 38 16 24 244 Compensation A. Compensation for services defined in this Project Task Order shall be on an hourly basis with an estimated cost of Fifty-Eight Thousand Five Hundred Dollars ($58,500.00). This estimated cost is further defined as follows: Earth Tech $35,800 Neumann Monson 20,500 Terracon 2.200 TOTAL $58,500 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 August 11,2005. APPROVED APPROVED IOWA CITY AIRPORT COMMISSION EARTH TECH, INC. /1 By By //' Joe A.Becker Date Date January 9,2008 L:\work\ADMRJ\A GREE\PROF\IowaCityTaskOrder7.doe -3- 1' Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City, IA 52246(319)350 5045 RESOLUTION NO. I7 O At" v RESOLUTION SETTING A PUBLIC HEARING ON PO). I t 2008 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE REMOVAL OF THE UNITED HANGAR, AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That a pubic 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'-1 day of , 2008 at 5't1S am& In Iowa City Airport Terminal Bdilding, 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 that four(4)nor more than twenty(20) days before said hearing. 3. That the copy of 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 a ' approved this day of -344^ 4v y 2008. Approved By: C • IRPERSON ATTEST: 44,11.2 � 1 - 3--0 .&' SEC City Attorney's Office It was moved by Pct and seconded by Fir--7 < v i the Resolution be adopted, and upon roll call the t were: C AYES: NAYS: ABSENT: / Faris Hartwig Horan Rettig ,� Staley Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 9 9g -C RESOLUTION RESCINDING RESOLUTION NO. A06-21 AND AUTHORIZING THE AIRPORT OPERATIONS SPECIALIST AND COMMISSION CHAIRPERSON TO EXECUTE CONTRACTS FOR PUBLIC IMPROVEMENTS AND FOR PURCHASE OF GOODS NOT TO EXCEED A SPECIFIED DOLLAR AMOUNT. WHEREAS, the Airport Operations Specialist and the Commission Chairperson should be authorized to enter into certain contracts for public improvements, for professional services, and for purchase of goods if the estimated cost does not exceed a specified dollar amount. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. The Chairperson and the Operations Specialist are hereby authorized to initiate and execute, without Commission approval, the following contracts in accordance with the annual operation budget as approved by the City Council: a. Contracts for public improvements (i.e., "bricks and mortar") where the total estimated total amount does not exceed $ 2,000.00. b. Purchases for goods, commodities, operating services, and capital outlay where the estimated total amount does not exceed $ 2,000.00. 2. In case of an "emergency," defined as when a failure to take immediate action would have an adverse impact on airport operations, facilities, personnel, airport customers or the general public, the Chairperson, the Chairperson is hereby authorized to initiate and execute, and to direct the Operations Specialist to do the same, without Commission approval, the following contracts in accordance with the annual operation budget as approved by the City Council: a. Contracts for public improvements (i.e., "bricks and mortar") where the total estimated total amount does not exceed $ 10,000.00. b. Purchases for goods, commodities, operating services, and capital outlay where the estimated total amount does not exceed $ 10,000.00. 3. Resolution No. A06-21 is rescinded in its entirety. Passed and approved this Q� day of �av �c�v� , 2008. CHAIRPERSON Approved by A/4r- SECRETAR ATTEST: ,- �V"r` City Attorney's Office It was moved by Stcteand seconded by l-e"I S the Resolution be adopted, and upon roll call tIcere were: AYES: NAYS: ABSENT: Ferris —� Hartwig Horan 24- Rettig Staley Prepared by: Susan Dulek, Assistant City Attorney,410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. A 0 - 0 (c RESOLUTION APPROVING AGREEMENTS WITH MERSCHMAN SEEDS, INC. AND REGENNITTER FARMS, INC. TO PROVIDE A GATE TO CONTROL ACCESS, A LEASE FOR AN ACCESS WAY FROM MORMON TREK BLVD., AND A TEMPORARY CONSTRUCTION EASEMENT. WHEREAS, the Iowa City Airport Commission ("Commission") contracts with Farmers National Company to manage agricultural land within the Iowa City Airport ("Airport"); WHEREAS, the Commission has approved a two-year lease between Farmers National Company and Regennitter Farms, Inc. ("leased airport land") with two conditions; WHEREAS, the conditions are side agreements to control access to the leased airport land and to construct an access way from Morman Trek Blvd.; WHEREAS, Merschman Seeds, Inc. has agreed to provide a gate and construct an access way and will require a temporary construction easement while constructing the access way; and WHEREAS, it is in the best interest of the Commission to enter into agreements to control access, to lease property to construct an access way, and for a temporary construction easement, copies of which are attached. 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 attached Agreement, Lease, and Temporary Construction Easement. Passed and approved this dl day of t-e ,5 , 2008. Z-kill CHAIRPERSON Approved by Ap fC ATTEST: .-0' . cqls..., ')-!-(2),R.- SECRET !`v,R'SECRET A 'Y City Attorney's Office ' 1It was moved by2\Q-141 ( and seconded by ri i the Resolution be adopted, and upon roll call thQre were: AYV NAYS: ABSENT: Farris Y Hartwig Horan c/ Rettig Staley • AGREEMENT This AGREEMENT ("Agreement") is entered into by and between the Iowa City Airport Commission ("Commission") and Merschman Seeds, Inc. ("Merschman") in Iowa City, Iowa. WHEREAS,the Commission contracts with Farmers National Company to manage agricultural land within the Iowa City Airport("Airport"); WHEREAS, the Commission has approved a lease between Farmers National Company and Regennitter Farms, Inc. ("agricultural lease") for the period of March 1,2008 to February 28, 2010 with two conditions; WHEREAS, the two conditions are side agreements to control access to the leased space and to construct an access way from Mormon Trek Blvd. to the north/south runway and WHEREAS, Merschman Seeds, Inc. ("Merschman") intends to contract with Regennitter Farms, Inc. to plant, harvest, and manage plots for research, show, and promotional purposes on a portion of the land covered by the agricultural lease. IT IS THEREFORE AGREED AS FOLLOWS: 1. Gate. Merschman shall provide a gate, at its sole cost, that will control access from Mormon Trek Blvd. to the north/south runway at the Airport. The location, design,type, and model of the gate shall be approved by the Commission. Merschman shall maintain the gate at its sole cost. Merschman shall provide the Commission with the ability to open and close the gate by providing a key, an access code, or key card. Merschman shall maintain the gate in a locked position at all times unless its employees are entering or exiting the leased space. 2. Events. Merschman shall notify the Commission and Jet Air, Inc. three (3) business days in advance of any event at which it intends to allow more than five (5) non- employees to enter the leased space. Notification may be provided by letter, facsimile transmission, telephone, or electronic mail. 3. Temporary Structures. Merschman shall not install any temporary structure, such as a tent, without the Commission's prior written approval and the FAA's prior approval. The Commission authorizes both the Commission chairperson and operation specialist to approve temporary structures. 4. Signs. Merschman shall be permitted to install field day signs and plot signs on the leased premises without the approval of the Commission so long as such signs are within FAA requirements and regulations. Merschman shall remove all signs upon the termination of its access way lease. 5. Improvements/Fences. Merschman shall not construct any improvements or fences on the leased space without the Commission's prior written approval and the FAA's prior approval. All improvements and fences, including the gate, to the leased space made by • Merschman shall be and remain the property of Merschman through the term of Regennitter Farm Inc.'s lease with Farmers National Company. Upon termination of Regennitter Farm Inc.'s lease with Farmers National Company, whether by breach, default, expiration of lease, or otherwise, title to Merschman's improvements and fences, including the gate, shall be and become the sole and absolute property of Commission, and Merschman shall thereupon be required to return and deliver up to the Commission the leased space and Merschman's improvements and fences, including the gate, thereon. 6. Non-Discrimination. Merschman covenants, in consideration of the right to lease property at the Iowa City Airport, that Merschman, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. `Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Merschman shall remain in compliance with all requirements of 49 C.F.R. Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. 7. Insurance. Merschman shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage a. Comprehensive General Liability Each Occurrence Aggregate Bodily Injury&Property Damage $1,000,000 $2,000,000 b. Automobile Liability Combined Single Limit Bodily Injury&Property Damage $1,000,000 c. Excess Liability Each Occurrence Aggregate $1,000,000 $1,000,000 d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Merschman's insurance carrier shall be A rated or better by A.M. Best. Merschman shall name the Commission and the City of Iowa City, as additional insureds. Merschman shall deliver to the Commission, within thirty (30) days of execution of this lease agreement, Certificates of Insurance and copies of said policies, naming the Commission and the City of Iowa City, Iowa as additional insureds. Merschman shall provide fifteen (15) days' notice to the Commission before cancellation of said insurance. 8. Indemnification of Merschman. Merschman agrees to release, indemnify and hold the Commission and the City of Iowa City, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims,judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, 2 which may be suffered by, or charged to,the Commission and/or the City of Iowa City arising: (a) by reason of the injury to person or property from whatever cause (other than by negligent acts or omissions to act by the Commission and the City of Iowa City, its officers and employees) while in, on or near the leased premises or with the improvements or personal property in or on the leased premises, including any liability for injury to the person or personal property of the Commission and the City of Iowa City its officers and employees; (b) By reason of any work performed on the leased premises or materials furnished on the leased premises as provided in this Agreement,the Lease Agreement, and the Temporary Easement Agreement (other than negligent acts or omissions to act by the Commission and the City of Iowa City, its officers and employees); (c) by reason of Merschman's failure to perform any provision of this Agreement or to comply with any requirement imposed upon it or on the leased premises in accordance with this Agreement. The Commission, City of Iowa City, its officers and employees will indemnify Merschman for any loss or damage to Merschman's personal property as a result of any negligent acts or omissions to act of the Commission, City of Iowa City, it officers and employees. Within 30 days of the time either the Commission and City of Iowa City or Merschman and Regennitter Farms, Inc. have knowledge of any claim that may give rise to the provisions in this paragraph, each party shall provide the other with notice of the possible claim to the address of the other party as set forth in Paragraph nine (9) of the Lease Agreement. 9. Indemnification of Regennitter Farms, Inc. Regennitter Farms, Inc. agrees to release, indemnify and hold the Commission and the City of Iowa City, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims,judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission and/or the City of Iowa City arising: (a) by reason of the injury to person or property from whatever cause (other than by negligent acts or omissions to act by the Commission and the City of Iowa City, its officers and employees) while in, on or near the leased premises or with the improvements or personal property in or on the leased premises, including any liability for injury to the person or personal property of the Commission and the City of Iowa City, its officers and employees; (b) By reason of any work performed on the leased premises as provided in this Agreement, the Lease Agreement, and the Temporary Easement Agreement (other than negligent • acts or omissions to act by the Commission and the City of Iowa City, its officers and employees); (c) by reason of Regennitter Farms, Inc. failure to perform any provision of this Agreement or to comply with any requirement imposed upon it or on the leased premises in accordance with this Agreement. The Commission, City of Iowa City, its officers and employees will indemnify Regennitter Farms, Inc. for any loss or damage to Regennitter Farms, Inc. personal property including but not limited to equipment as a result of negligent acts or omissions to act of the Commission, City of Iowa City, it officers and employees. 10. Security. Merschman acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Lease, and Merschman agrees that the Commission shall not be liable for any damages to Merschman that may result from said non-compliance. 3 IOWA CITY AIRPORT COMMISSION By: P�/� Howard Horan, Chairperson Date ATTEST: 9 of 1�l°Fs J ellre ettig, Secretary Date ME' HMAN SEEDS, INC. By Date REGENNITTER FARMS, INC. By Date MERSCHMAN ACKNOWLEDGEMENT STATEOFIO ) s: COUNTY ) This instrum•• as acknowledged before me on , 2008 by (name of Berson) as (type of authority, e.g, office', • stee, etc.) of Merschman Seeds, Inc. Notary Public in and for the State of Iowa 4 I A CITY AIRPORT COMMISSION By: Howard Horan, Chairperson D. - .41..T—TESI: _ Janelle Rettig, Secretary Date MERSCHMAN SEEDS, INC. BY •tc. �,I i ' /_ _ _. Ata. `9> a� Date REGENNITTER FARMS, INC. By be./tr~7 / '-...wKAlt,„ Am_ 2 -/g - 09 Date MERSCHMAN ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: COUNTY ) �i This instrume t was acknowledged before me on ( �/ 6 , 2008 by T v oti 4 e Ol via t (name of person) as P✓�friem (type of authority, e.g, officer, trustee, etc.) of Merschman Seeds, Inc. I '° "' / MSC/Mk oar �m oaf• W'WENg Notary Pu. is in and for the State of Iowa own MY .=.NWilber evi 8 4 REGENNITTER ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: L-ec. COUNTY ) lis instrument was acknowledged before me on -FAO C/1 A )'Z , 2008 by I►.wti R�rnn (name of JJ person) as BizPSidf►?4 �� .e of authori e.g, officer, trustee, etc.) of Regennitter Farms, Inc. REYNA L WILKENS // / / . aiffek/ it, Commbelon�y pyo 7504981 Notary Pu.,is m and for the State of Iowa lres App City Attorney's Office 5 .• • EXHIBIT "A" I , ,.. (-0 i a), N } i (0 i 3 i9-1-1-1 S nc4. 1 0 i IOWA CITY MUNICIPAL AIRPORT h42 o TP 0 TP 104 ,,,2177 '72,6 / 4rAW/ 1 :1.14,017 I * Alfr NW 1/4 of SE 1/4i NE 1/4 of SE 1/4 tlir,:itie/ 7•14', . . __Al ifr ,01 1/4 Section Line ••••' 1 ! 1A4r 1 yer 1 '71://aieir7 i 0 f 1 1 , 4 ,. 1 •/‘6110 . edit/ . i / Existing K Xi: 50 ' ROW 1 A 4r4 x x _x_ x I 25 ' R 29 .5 ' 1 Liernaskic cats - • 1 860 90° 863 MORMON TREK BLVD' 861 862 I 1 I . Sta . 841+23 .52/1 • 1 i i! • . . • I 0 50 100 il CD 1 SCALE IN IN FEET PROPOSED -- -- - --:--- - -•-'- --- _- - — . - .- MERSCHMAN SEEDS ENTRANCE - . _. ._ ____ • - — . - . .13 -Thrn) CD CD Dote: E —A—A-1 01/22/0B IOWA CITY MUNICIPAL AIRPORT F I gure Project No. ® EarthTech -11 , — Aftx.....m LEASE This LEASE AGREEMENT ("Lease") is entered into among the City of Iowa City ("City"), the Iowa City Airport Commission ("Commission"), and Merschman Seeds, Inc. ("Merschman") in Iowa City, Iowa. WHEREAS, the Iowa City Airport Commission ("Commission") contracts with Farmers National Company to manage agricultural land within the Iowa City Airport("Airport"); WHEREAS, the Commission has approved a lease between Farmers National Company and Regennitter Farms, Inc. ("agricultural lease") for the period of March 1, 2008 to February 28, 2010 with two conditions; WHEREAS,the two conditions are side agreements to control access to the leased space and to construct an access way from Mormon Trek Blvd. to the north/south runway and WHEREAS, Merschman Seeds, Inc. ("Merschman") intends to contract with Regennitter Farms, Inc. to plant, harvest, and manage plots for research, show, and promotional purposes on a portion of the land covered by the agricultural lease. IT IS THEREFORE AGREED AS FOLLOWS: 1. Leased Premises. The City and Commission do hereby lease to Merschman the approximate 4,200 square foot area depicted on Exhibit A, which is attached and incorporated herein and which is a strip of land 24 feet wide by 175 feet long between Mormon Trek Blvd. and the centerline of the southern end of runway 18/36 at the Iowa City Airport("Leased Premises"). 2. Term. The term of this Lease will be from March 1, 2008 to February 28,2010. In the event Merschman continues to occupy the Leased Premises beyond the term of this Lease Agreement without executing an agreement for another term, such holding over shall not constitute a renewal of this Lease Agreement but shall be on a month-to-month basis only. 3. Rent. Merschman shall pay no rent. In consideration for not paying rent under this Lease, Merschman agrees to construct an access way between Mormon Trek Blvd. and runway 18/36 as provided in Paragraph 4 below. 4. Access Way. Merschman shall construct, at its sole cost, an access way from Mormon Trek Blvd. to runway 18/36 at the Iowa City Airport according to City specifications. Said access way shall be located partially on the Leased Premises and partially on City right-of- way, as depicted on Exhibit A. The City consents to Merschman constructing a portion of the access way on the City right-of-way, and Merschman acknowledges that it does not have exclusive use of City right-of-way. Merschman shall maintain the access way at its sole cost throughout the term of this Lease. All improvements to the Leased Premises made by Merschman shall be and remain the property of Merschman through the term of this Lease. Upon termination of this Lease, whether by breach, default, expiration of lease, or otherwise, title to Merschman's improvements shall be and become the sole and absolute property of the City and the Commission, and Merschman shall thereupon be required to return and deliverup to the City and the Commission the Leased Premises and Merschman's improvements thereon. 5. Sublease/Assignment. Merschman shall not sublease the Leased Premises or assign this Lease without the prior written approval of the City and the Commission. 6. Non-Discrimination. Merschman shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities,privileges and advantages to the public. 7. Insurance. Merschman shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage a. Comprehensive General Liability Each Occurrence Aggregate Bodily Injury&Property Damage $1,000,000 $2,000,000 b. Automobile Liability Combined Single Limit Bodily Injury &Property Damage $1,000,000 c. Excess Liability Each Occurrence Aggregate $1,000,000 $1,000,000 d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Merschman's insurance carrier shall be A rated or better by A.M. Best. Merschman shall name the City of Iowa City and the Commission, as additional insureds. Merschman shall deliver to the City and the Commission, within thirty (30) days of execution of this lease agreement, Certificates of Insurance and copies of said policies, naming the City and the Commission as additional insured. Merschman shall provide fifteen (15) days' notice to the City and the Commission before cancellation of said insurance. 8. Indemnification of Merschman. Merschman agrees to release, indemnify and hold the Commission and the City of Iowa City, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims,judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission and/or the City of Iowa City arising: (a) by reason of the injury to person or property from whatever cause (other than by negligent acts or omissions to act by the Commission and the City of Iowa City, its officers and employees) while in, on or near the Leased Premises or with the improvements or personal property in or on the Leased Premises, including any liability for injury to the person or personal 2 property of the Commission and the City of Iowa City its officers and employees; (b) By reason of any work performed on the Leased Premises or materials furnished on the Leased Premises as provided in this Agreement,the Gate Agreement, and the Temporary Easement Agreement (other than negligent acts or omissions to act by the Commission and the City of Iowa City, its officers and employees); (c) by reason of Merschman's failure to perform any provision of this Agreement or to comply with any requirement imposed upon it or on the Leased Premises in accordance with this Agreement. The Commission, City of Iowa City, its officers and employees will indemnify Merschman for any loss or damage to Merschman's personal property as a result of any negligent acts or omissions to act of the Commission, City of Iowa City, it officers and employees. Within 30 days of the time either the Commission and City of Iowa City or Merschman and Regennitter Farms, Inc. have knowledge of any claim that may give rise to the provisions in this paragraph, each party shall provide the other with notice of the possible claim to the address of the other party as set forth in Paragraph nine (9) of this Agreement. 8. Indemnification of Regennitter Farms, Inc. Regennitter Farms, Inc. agrees to release, indemnify and hold the Commission and the City of Iowa City, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims,judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to,the Commission and/or the City of Iowa City arising: (a) by reason of the injury to person or property from whatever cause (other than by negligent acts or omissions to act by the Commission and the City of Iowa City, its officers and employees) while in, on or near the Leased Premises or with the improvements or personal property in or on the Leased Premises, including any liability for injury to the person or personal property of the Commission and the City of Iowa City, its officers and employees; (b)By reason of any work performed on the Leased Premises as provided in this Agreement, the Gate Agreement, and the Temporary Easement Agreement (other than negligent acts or omissions to act by the Commission and the City of Iowa City, its officers and employees); (c) by reason of Regennitter Farms, Inc. failure to perform any provision of this Agreement or to comply with any requirement imposed upon it or on the Leased Premises in accordance with this Agreement. The Commission, City of Iowa City, its officers and employees will indemnify Regennitter Farms, Inc. for any loss or damage to Regennitter Farms, Inc. personal property including but not limited to equipment as a result of any negligent acts or omissions to act of the Commission, City of Iowa City, it officers and employees. 9. Notices. Any notice, for which provision is made in this Lease, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by service in the manner provided by law for the service of original notice, or b. 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. 3 (1) If to the City, addressed to: City Engineer City Hall 410 E. Washington St. Iowa City, IA 52240 (2) If to the Commission, addressed to: Commission Chairperson Iowa City Airport 1801 S. Riverside Drive. Iowa City, IA 52240 (2) If to Merschman, addressed to: Joseph H. Merschman President& CEO Merschman Seeds, Inc. P.O. Box 67 103 Avenue D West Point, IA 52656-0067 10. Integration. This Lease constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Leased Premises. Any change or modification hereof must be in writing signed by both parties. 11. Waiver. The waiver by either party of any covenant or condition of this Lease shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 12. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 13. Security. Merschman acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Lease, and Merschman agrees that the Commission shall not be liable for any damages to Merschman that may result from said non-compliance 4 C - • IOWA CITY By: Regenia D. Bailey, Mayor - Marian K. Karr, City Clerk Date IOWA CITY AIRPORT COMMISSION By: 77 7/o (16 Howard Horan, Chairperson Date ATTEST: ['„l (�Yee"Ty c )15]o( Janelle R g, Secretary Date ' CHMAN SEEDS, INC. By Date REGENNITTER FARMS, INC. • Date 5 CITY OF IOWA CITY `= By: A.W/L .. _/ Mt ! O'o� Gaavy Re: I. Bailey, Mayor f Date ATTEST: ir� . 1/244.2 `2/7.2-A7 1K. Karr, City Clerk Date IOWA CITY AIRPORT COMMISSION By: Howard Horan, Chairperson Date Al1EST: Janelle Rettig, Secretary Date MERSCHMAN SEEDS, INC. By Q g 4- n/l r k,,a.e Fr 6 . 1 $, pfl Date REGENNIT I ER FARMS, INC. By /264-44-a /11�,_ -/fi o Date 5 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this 2Z "= day of rEP2H42j , 2008, before me, Smndrae Fo,.+ , a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. "o% — So passed by the City Council on the /9 tit day of Eervanley , 2008, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. 4'^!s SONDRAE FORT 9 w^#4.,..' Commission Number 159791 SeirJraz. Crsk • -w. My Commission Expires low 3/-7/ao09 Notary Public in and for the State of Iowa / My commission expires: 3/'/99009 MERSCHMAN ACKNOWLEDGEMENT STA LE OF IOWA ) ) ss: u-ee COUNTY ) This inse t was acknowledged before me on / U kw / /D , 2008 by focepk flt ah tela r (name of person) as ri/sca' pmt /( 4.e of authority, e.g, officer, trustee, etc.) of Merschman Seeds, Inc. ageOlje / i ,� REYNm L umber 7 04 Not. P s lic in and for the State of Iowa g" angsstn Number 750498 pA Gomm ion Fires 6 • ow / /�Q�znlo REGENNITTER ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: Let COUNTY ) This instrument was acknowledged before me on -Firs h{IAG[M4 l , 2008 by WerR ; jW (name of / person) as 51t (t .e of authority, e.g, officer, trustee, etc.) of Regennitter Farms, Inc. p l/ 1 n - - ,� REYNA L WILKENS i / / vim(/ id g( 47/A pwnbcr 7 98 Notary Pu is in and for the State of Iowa Approved By: City Attorney's Office • 7 i I co EXHIBIT "A" • @ , 3 I c 3 IOWA CITY 1 cc 1 MUNICIPAL AIRPORT o TP 1,42 .89 ' I O TP I I 0 . i ID, . NW 1/4 of SE 1/4a NE 1/4 of SE 1/4 1/4 Sect ion Line" 1 PEWI I L�acrd r6-ttAi14ec ; 1 Existing 50 ' ROW . i 1l/ x x x x/25 ' R • 29 .5 ' I , /j max + , _ , 1 . 860 i 861 90° 862 - 863 MORMON TREK BLVD. - i I Sta . 861+23 .52 1 1 I i i 0 50 100 I ,T�11 1 `S I i SCALE IN FEET PROPOSED s „. _:. — — _ ----------- MERSCHMAN SEEDS ENTRANCE 0 \/"\/ Date: 8 .-.A._),-/ 01/22/08 IOWA CITY MUNICIPAL AIRPORT Figure — — — — — — Project No. ® EarthTech •` _ — — — — — A'tI/00 International LW.Company Prepared by: Susan Dulek,Asst.City Atty.;410 E. Washington St.;Iowa City,IA 52240;319-356-5030 Return Address: City Attorney's Office;410 East Washington Street,Iowa City,IA 52240 Legal Description: NE 1/4 of SE 1/4 of Section 21,Township 79 N,Range 6W,Johnson County Taxpayer Information: City of Iowa City,410 E.Washington St.,Iowa City,IA 52240 Grantor(s): City of Iowa City and Iowa City Airport Commission Grantee(s): Merschman Seeds,Inc. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FOR CONSTRUCTION OF ACCESS WAY TO AIRPORT THIS AGREEMENT,made and entered among the City of Iowa City ("City"), the Iowa City Airport Commission("Commission"), and Merschman Seeds, Inc. ("Merschman") in Iowa City, Iowa. In consideration of their mutual promises herein, MERSCHMAN, COMMISSION, and CITY agree as follows: 1. CITY states and covenants that it is the owner of certain real estate described on Exhibit A attached hereto, by virtue of legal and/or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey these easements. COMMISSION states that it has the authority to control and manage certain real estate described on Exhibit A attached hereto by virtue of state law. 2. COMMISSION and CITY (collectively, "OWNER") do hereby grant and convey to MERSCHMAN a temporary construction easement in, over and across that portion of the OWNER's property described as "Temporary Construction Easement" and shown on Exhibit A attached hereto (hereafter "Temporary Easement Areas"), which is an approximate 8,140 square foot strip of land 44 feet wide by 1.85 feet long between Mormon Trek Blvd. and the centerline of the southern end of runway 18/36 at the Iowa City Airport, for the purpose of facilitating MERSCHMAN'S construction of an access way from Morman Trek Blvd. to the southern end of runway 18/36 at the Iowa City Airport ("improvement"), which grant to MERSCHMAN shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Areas, as needed to complete said improvement. 2 3. The term of this Temporary Construction Easement will be for the period of time required by MERSCHMAN to complete the construction of the improvement, but in no event shall the duration of the Temporary Construction Easement extend beyond one (1) year after commencement of construction of the project. 4. With respect to the. Temporary Construction Easement, OWNER grants the following rights: a. MERSCHMAN shall have the right to make excavations within the Temporary Easement Areas, and to grade as MERSCHMAN may find reasonably necessary for the construction. MERSCHMAN covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to hold OWNER harmless from third party liability during said construction. b. MERSCHMAN shall promptly backfill any trench made by it, and repair any damages caused by MERSCHMAN within the Temporary Easement Areas, • including the replacement of trees and shrubs on the Easement Areas. MERSCHMAN shall indemnify OWNER against loss or damage which occurs as a result of MERSCHMAN'S negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Areas have been restored substantially to their prior condition and except as expressly provided in this Temporary Easement Agreement, MERSCHMAN shall have no further responsibil- ity for maintaining the Temporary Easement Areas. c. MERSCHMAN shall have the right of ingress and egress to and from the Temporary Easement Areas by such route within the Temporary Easement Areas as shall occasion the least practical damage and inconvenience to OWNER. d. MERSCHMAN shall have the right to trim or remove all trees and brush which may interfere with the exercise of MERSCHMAN's rights pursuant to this Temporary Easement Agreement. 5. MERSCHMAN covenants and agrees that existing driveways, fences, underground drainage tile or other site features, including trees and shrubs, which are removed or disturbed shall, to the extent reasonably possible, be replaced by MERSCHMAN to conform with features or items removed during construction. MERSCHMAN further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. MERSCHMAN covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all areas within the Temporary Easement Areas which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed 3 areas, thereby restoring said area substantially to its prior condition, with the exception of the replacement of trees, shrubs and brush. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at MERSCHMAN expense. SIGNED this at qday of RECi2ua¢µ , 2008. CITY OF IOWA CITY, IOWA By: a p, R a D. Bailey, Mayor ByLh �,s«.c,) 71( • .tit/ Manan K. Karr, City Clerk IOWA CITY • IRPORT COMMISSION B : e oward Horan, Chairperson Date ATTEST: ., � R1/510/Janelle ettig, Secretary Date Approved by City Attorney's Office 4 MERSCHMAN SEEDS, INC. / n BY „L ..,"Z ... ' _ , Pt°`✓. )0, O`OO r Date CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) • On this 22 "d day of csa,raey , 2008, before me, Sand rat _ mnr 4- , a Nofary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained inr'���Resolution No. o S- 5 o passed by the City Council on the /9 r4 day of rEeR_LiAQ. , 2008, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. =,1�'u a SONDRAE FORT SeY,ar.M, gr-1j j Commission Number 159791 My commission Expires Notary Public in and for the State of Iowa ww q/yaao9 My commission expires: 3/7/ cRw9 MERSCHMAN ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: I,-C2 COUNTY ) This inst ent was acknowledged before me on fr41 ,wy 7 d , 2008 by Tciccfi hi / ELSdJ1 i YIQK (name of person) as Kiosydtsai se of autho • , e.g, officer, trustee, etc.) of Merschman Seeds, Inc. &t ity fjrng Notary Piablic in and for the State of Iowa tow. REYNA L.WILKENS Commission Number 750498 •m .ssionExpires c'= •s EXHIBIT "A" M I i coI ! N i c 41) I 4 101 IOWA CITY MUNICIPAL o TP �42 �� AIRPORT y // i l ,/,,1 4 O TP NW 1/4 of SE 1/4 I . NE 1/4 of SE 1/4 1/4 Section Line - 7f0 �vJf t 1 pyte,t1r/ /0 1 r to` %e /. Exlstin9 50 ' ROW x x x I /25 R 29 .5 I Lt2'maX 860 I! 861. 90' 862 863 MORMON TREK BLVD{. I I , . • Sta . 8E# 1+23 .52 . 1 j 1 1 I 0 50 100 saw. ,t;.w° CD 1 SCALE IN FEET _ PROPOSED MERSCHMAN SEEDS ENTRANCE L 0 Doig: �m'�J`^ 07/22/06 IOWA CITY MUNICIPAL AIRPORTFiguree — Projsot No. ® EarthTech C v u— Atwo InternetwailA.Company. l Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)356 5045 RESOLUTION NO. U8 a7 RESOLUTION APPROVING PROJECT TASK ORDER NO. 8 FOR AIRPORT PAVEMENT REHABILITION WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Consultant Agreement"with Earth Tech on August 11,2005 to provide consultant services for projects at the Iowa City Municipal Airport; WHEREAS, Part I(A)of said agreement provides that the projects assigned to Earth Tech will be done so as"Project Task Orders;" WHEREAS, the Commission and Earth Tech entered into Project Task Orders Nos. 1, 2, 3, 4, 5 and No. 7 previously; WHEREAS,the Commission and Earth Tech now desire to enter into Project Task Order No. 8, a copy of which is attached. WHEREAS, it is in the best interest of the Commission to enter into Project Task Order No. 8. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized to sign Project Task Order No. 8. Passed a a approved this / day of !'.t 2008. -uwApproved By: C • IRPERSO ___ cvttLI*9_ ATTEST: EC Y City Attorney's Office It was moved by 2�,"�'h` and seconded by r` r� f the Resolution be adopted, and upon roll Gill there were: Ayes Nays Absent ✓ Farris Hartwig Horan <7; Rettig Staley EarthTech 501 Sycamore Street P 319.232.6531 Suite 222 P 319.232.0271 A IWO International Ltd.Company Waterloo, IA 50703 www.earthtech.com AIRFIELD PAVEMENT REHABILITATION-2008 MOT GRANT NUMBER 9I080I0W100 CONTRACT NO. 9638 IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA PROJECT TASK ORDER NO.8 Project Description , The project is.described as the Airfield Pavement Rehabilitation- 2008 as more specifically defined on the state application for funding at the Iowa City Municipal Airport, Iowa City, Iowa. The project involves reconstruction of the taxiway leading to the North T-Hangar Area. The project also involves cleaning and sealing of cracks and joints, and partial depth Portland cement concrete pavement repairs in the South T-Hangar Area, Main Apron Area and Taxiways. This project will be funded through an Iowa Department of Transportation grant. Scope of Services The services to be performed by the Consultant include preparation of final plans, specifications and construction cost estimates, as well as contract administration, staking and field review during construction. The services are further defined by 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. 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. Subsurface Investigation—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. The task will be accomplished by Terracon, a subconsultant. 3. Design Documents — This task consists of the preparation of the final bid documents for this project. Plans and specifications will be prepared in compliance with current Iowa City Standards and Iowa DOT Standards. This task includes the preparation of the following: a. Title Sheet& 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 g. Miscellaneous Details 4. Project Specifications - This task consists of the preparation of specifications for the project. The specifications will be in compliance with current Iowa City Standards, Iowa Department of Transportation and Federal Aviation Administration requirements in effect at the time the specifications are prepared. 5. 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. 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. Pre-Bid Conference — This task consists of attending and conducting a "Pre-Bid Conference" at the Project site for prospective bidders. 8. Bid.Assistance— This task consists of assisting the Commission in advertising for and receiving bids, . answering bid document questions from bidders, preparing and issuing any require addenda, analyzing the bids received and preparing a recommendation to the Commission for award of contract. 9. Project Administration During Design - 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. This task also includes the preparation of up to 20 sets of contract documents for distribution to Commission, Iowa DOT, plan rooms, suppliers and potential bidders. 10. Pre-Construction Conference — This task consists of attending and conducting a pre-construction conference with representatives of the Contractor, Sponsor, and Consultant. 11. 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. 12. Construction Surveying-This task consists of providing lines, grades and measurements necessary for the prosecution and control of the work contracted for under the bid documents. Horizontal and vertical control will be established for the project by providing the Contractor with construction stakes and layout according to the following: a. Stake perimeter at 50-foot intervals and for removals and rough grading. -2- • b. Stake subgrade,providing blue tops at 25-foot grid for the apron area. c. Stake storm sewer lines, providing cut stakes and alignment on 25-foot stations, inlet and manholes. d. Stake paving edges at 25-foot stations, including vertical curves,high points and low points. e. Stake painting layout marked for paint Contractor. 13. Construction Assistance and Site Visits — This task consists of answering design interpretation questions from the Sponsor, Contractor,review staff and appropriate agencies. Task also includes field review by office staff at critical points as the construction progresses. 14. 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 Owner. Staffing requirements may be adjusted during the Project in relation to the level of construction activity. 15. Pay Requests and 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. 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 final application for payment is processed for the Contractor. 18. Project Closeout — This task consists of assisting the Sponsor with Project completion and final closeout documentation from the Contractor for the Iowa Department of Transportation. 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. A copy of the Record Drawings will be provided to the Sponsor. 20. Project Administration During Construction - This task consists of office administration and coordination of the project during construction. Interoffice meetings, general coordination with the Commission and the contractor, day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. 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 8 16 16 40 2 2 2 3a 2 2 3b 2 2 3c 2 8 10 -3- • J Senior Project Staff CADD Project Item No. Professional Professional Professional Operator Technician Support Total 3d 2 4 6 3e 4 8 12 3f 2 24 16 42 3g 4 8 12 4 4 2 6 5 4 4 6 2 2 7 4 4 8 4 4 9 2 4 6 10 4 4 11 8 8 12 40 40 13 4 8 12 14 80 80 15 2 ---- - 2 - 16 4 4 8 17 4 4 18 2 8 10 19 4 16 20 20 4 4 8 Total Design Services 8 32 76 80 144 10 350 Compensation A. Compensation for services defined in this Project Task Order shall be on an hourly basis with an estimated cost of Thirty-Seven Thousand Five Hundred Dollars ($37,500.00). • 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 August 11,2005. APPROVED APPROVED IOWA CITY AIRPORT COMMISSION EARTH TECH,INC. By By Joe A.Becker Date Date L9worktkDMIN WGREEIPROFMowaCityTaskOrder8.doc a Appr,. ,-, By ,,; .\ P—erCs ' City Attorney's Office F 4 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr:Iowa City,IA 52246(319)350 5045 RESOLUTION NO. C`d RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE REMOVAL OF THE UNITED HANGAR 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 the 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, before 2:00pm on the 13th day of March,2008, or at a later date and/or time as determined by the Commission Chairperson or their 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 5:45pm on the 10th day of April, 2008,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. Passed and approved this ( �I lday of AA-0-'1 2008. Approved By: C IRPERSON ATTEST: IC• .A, Y City Attorney's Office S. It was moved by 9`11-41 ` and seconded by H the Resolution be adopted, and upon roll call here were: Ayes Nays Absent Farris Hartwig Horan V Rettig _/ Staley Prepared by: Susan Dulek,Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. R O RESOLUTION AUTHORIZING THE AIRPORT OPERATIONS SPECIALIST ON—AND COMMISSION CHAIRPERSON TO SIGN TEMPORARY ACCESS AGREEMENTS. WHEREAS, organizations occasionally request temporary access to a portion of the airport; WHEREAS, the Airport Operations Specialist and the Commission Chairperson should be authorized to sign temporary access agreements with approval of the City Attorney and Risk Manager. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Upon the approval of the City Attorney and the City Risk Manager, the Chairperson and the Operations Specialist are hereby authorized to execute, without Commission approval, temporary access agreements. Passed and approved this )4 day of C ,� tik°,r , 2008. vL_ •C-AIRPERSON Approved by ATTEST: ,Y�.. •� - J - /r- V ECRETARY r City Attorney's Office It was moved by and seconded by (--1-74r, the Resolution be adopted, and upon roll call there were: • AYES: NAYS: ABSENT: FeJ'ris Hartwig � Horan -7" Rettig ,/ Staley VIA v_r Prepared by: Susan Dulek,Assistant City Attorney,410 E. Washington St., Iowa City, IA 52240-319-356-5030 • RESOLUTION NO. •4t f- /G) RESOLUTION APPROVING A REVISED LEASE WITH THE ARMY RESERVE. WHEREAS, in Resolution #A08-02, the Commission approved a 2-year lease with the Army Reserve; WHEREAS, the Army Reserve has not signed said lease; WHEREAS, the Army Reserve would like to revise Paragraph 4 of said lease to allow either party to terminate the lease by giving at least 180 days notice, rather than 30 days, and to allow said termination only "for reasonable cause"; and WHEREAS, it is in the Commission's best interest to amend said lease. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is authorized to sign a revised lease with the Army Reserve in which the first sentence of Paragraph 4 is revised to read as follows: Either party may terminate this lease, for reasonable cause, at any time after 31 July 2008 by giving at least 180 days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Passed and approved this day of v 2008. • 4-,-6,\;\--/-\ CHAIR"ARSON Approved b Lf, 0r ATTEST: S CRETAR City Attorney's Office It was moved by S4C,ley and seconded by /4 / the Resolution be adopted, and upon roll call there were: AYES/: NAYS: ABSENT: 1/ / Farris Hartwig l Horan Rettig • Staley O Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. Reg- /1 RESOLUTION ACCEPTING THE WORK FOR THE PHASE 2 RUNWAY 7-25 EXTENSION GRADING WHEREAS, the Commission's consultant for the Runway 7-25 Extension Grading, Earth Tech Inc., has recommended that the work on grading associated with the Runway 7 extension, by CJ Moyna & Sons Inc., be accepted as complete. WHEREAS, the final contract price is $980,336.291 Which is established from the original contract cost of$950,154.00 plus $30182.29 from Change Orders Nos. 1, 2 and 3. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Said improvements are hereby accepted by the Iowa City Airport Commission. -fk Passed and approved this � ' day of 'rk 2008. aAAAt CHAIR RSON Approved by / ,► ATTEST: q_0 � S CRET .f� City Attorney's Office It was moved by /r,‘I and seconded by 4/-A r-^ the Resolution be adopted, and upon roll call there were: Ayes Nays Absent // Farris Hartwig Horan / Rettig Staley 0 • Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030 RESOLUTION NO. g08/c2 RESOLUTION APPROVING EARLY RELEASE OF FUNDS RETAINED PURSUANT TO CHAPTER 26 AND CHAPTER 573 FOR THE TERMINAL APRON RECONSTRUCTION PROJECT. WHEREAS, the Iowa City Airport Commission entered into a contract with Streb Construction Co., Inc. ("Contractor") for the reconstruction of the terminal apron; WHEREAS, the contract is substantially completed, as that term is defined in section 26.13(4), because over 95% of the work has been completed in general accordance with the terms and provisions of the contract; WHEREAS, pursuant to Iowa Code Chapter 26, Contractor has requested in a sworn statement early release of funds retained by the City pursuant to Iowa Code Chapter 573; WHEREAS, Contractor gave notice to all known subcontractors and suppliers as required by Iowa Code section 26.13 prior to making the request to the Commission; WHEREAS, $6,400 is the engineering consultant's estimate of the work remaining to be done under the contract; WHEREAS, the Commission is entitled to retain an amount equal to 200% of the value of the labor or materials yet to be provided pursuant to Iowa Code Chapters 26 and 573; and WHEREAS, $12,800 of the amount due under the contract will continue to be retained for the payment of claims for materials and labor yet to be provided pursuant to Iowa Code Chapters 26 and 573. NOW, THEREFORE', BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA; 1. The Iowa City Airport Commission finds that the contract is substantially completed, as that term is defined in section 26.13(4), because over 95% of the work has been completed work has been completed in general accordance with the terms and provisions of the contract. r 2. Pursuant to Iowa Code Sections 26.13(3) and 573.15A, the Commission intends to reduce the amount of the retainage from 5% to an amount not less than $12,800, by making payment to Contractor at the time of the next monthly payment or within thirty days after this Resolution has been passed, whichever is sooner. in` ( AlPassed an approved this day of ' ' I ( , 2008. 4tikiv\i;_\. CH PERSON Approved by ATTEST: go/ fi � g' `� SE ETARY City Attorney's Office It was moved by 9 and seconded by --\14-7-k1-(3(41 the Resolution be adopted, and upon'roll call there were: AYES: NAYS: ABSENT: (./ Farris _ Hartwig V ._ _ ran Rettig c./ Staley d Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. /t c ` /- RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE DEMOLITION OF UNITED HANGAR. WHEREAS, Zimmerman Excavating of North Liberty Iowa has submitted the lowest responsible bid of_$103,060.00 for construction of the above named project. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The contract for the construction of the above named project is hereby awarded to _Zimmerman Excavating_ 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 the contract for construction of the above-named project, 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 14 , 2008. CHAIRP ON Approved by ATTEST: SE RETARY City Attorney's Office It was moved by c;,rii 5 and seconded by / 6-11 the Resolution be X adopted, and upon roll call there were: U Ayes Nays Absent (�/ Farris Hartwig Horan rte_ Rettig Staley Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. % " /2/ RESOLUTION SETTING A PUBLIC HEARING ON MAY 8, 2008 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE RUNWAY 7-25 RUNWAY RECONSTRUCTION, AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. A public hearing on the plans, specifications, form of contract and estimate of cost for construction of the above-named project is to be held on the 8th day of May at 5:45 p.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. The City Clerk is hereby authorized and directed to publish notice of the public hearing, not less than 4 and not more than 20 days before the date 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. 4. A copy of the plans, specifications, form of contract and estimate of cost for 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 N v ` k , 200r; , l''''- --4 . , CHAIR SON I Approved by ATTEST: '- SECRETARY . City Attorney's Office Resolution No. Page 2 It was moved by ikY k and seconded by 46 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris X Hartwig Horan Rettig Staley • Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. AO$- /5 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE RUNWAY 7-25 RECONSTRUCTION PROJECT. WHEREAS,potice 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 the 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,before 2:00pm on the 2"day of June,2008,or at a later date and/or time as determined by the Commission Chairperson or their designee, and thereupon referred to the Airport Commission, for action upon said bids at its next meeting, to be held at the Iowa'ty Airport Terminal Building, 1801 S.Riverside Drive, Iowa City, Iowa at 5:45pm on the th day of June,2008,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. Passed and approved this i day of /1C4 72008. \ ..4 . Approved By: CHA 'ER ON ATTEST: , �- 3a .o ECRETA' • City Attorney's Office It was moved by 1-1i2r1 and seconded by , ,4c-- ,--/ the Resolution be adopted, and upon roll call there were: Ayes Nays Absent J/ Farris Hartwig Horan ✓/ Rettig (/ Staley Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /)e'S - /4 _ RESOLUTION SETTING A PUBLIC HEARING ON JUNE 9, 2008 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE BUILDING H EXPANSION, AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. A public hearing on the plans, specifications, form of contract and estimate of cost for construction of the above-named project is to be held on the 9th day of June at 5:45 p.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. The City Clerk is hereby authorized and directed to publish notice of the public hearing, not less than 4 and not more than 20 days before the date 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. 4. A copy of the plans, specifications, form of contract and estimate of cost for 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 M_`"1 `/ , 2008. (4-A; CHAIRPE SON Approved by ATTEST: ° A6.11tii, SECRETARY ( City Attorney's Office 14It was moved by [I�^'�' 1q and seconded by the Resolution be adopted, and upon roll call therdwere: AYES: NAYS: ABSENT: Farris ?( Hartwig Horan X. Rettig X Stalely Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. /7 RESOLUTION ACCEPTING FEDERAL AVIATION GRANT FOR RUNWAY 7-25 REHABILITATION-PHASE 1. WHEREAS, the Iowa City Airport Commission has previously applied for a Federal Aviation Administration grant to rehabilitate runway 7-25; and WHEREAS, runway 7-25 is in need of rehabilitation; and WHEREAS, it is in the best interest of the Iowa City Airport Commission to accept this grant. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: The FAA grant to rehabilitate 7-25 is approved, and the Chairperson is authorized to sign and the Secretary to attest, if required,the acceptance of the FAA grant for runway 7-25 rehabilitation - Phase 1. Passed and approved this day of Jc., 2008. . -4E1� r Approved By: CHAIlliV SON G- 3 -o ATTEST: ff SECRE Y City Attorney's Office It was moved bye and seconded by Reif 1_, the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Hartwig Horan `L Rettig Staley Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO.9$- /g - RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE BUILDING H - UNIVERSITY OF IOWA HANGAR EXPANSION 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 with the exception that the following language be added to the Supplementary Instructions to Bidders and to the Supplementary Conditions respectively: To the extent that there is a conflict between the AIA Instructions to Bidders (AIA Document A701-1997)and Iowa Code chapters on 26 and 573, Iowa law shall prevail. To the extent that there is a conflict between the AIA General Conditions of the Contract for Construction (AIA Document A201-1997)for Construction and Iowa Code chapters on 26 and 573, Iowa law shall prevail. 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 the 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,before 2:00pm on the 8th day of July,2008, or at a later date and/or time as determined by the Commission Chairperson or their 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 5:45pm on the 10th day of July, 2008, 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. Passed and approved this °1 day of J(.4^L -- 2008. 14, 1 \ 4rjvv.) Ilk Approved By: CHAIR' RSON ATTEST: - ECRE % City Attorney's Office It was moved by () and seconded byC`~ the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris ! / Hartwig Horan ,/ Rettig z, Staley • 6, Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. leg- /.? RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 9 WITH EARTH TECH FOR ENGINEERING SERVICES RELATING TO THE RUNWAY 7-25 RECONSTRUCTION—PHASE 1 PROJECT. 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 I(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 Nos. 1,2,3,4, 5, 6, 7 and No. 8 previously; WHEREAS, the Commission and Earth Tech now desire to enter into Supplemental Agreement No. 9; WHEREAS, the estimated hours of said agreement have not been approved by the FAA, but Earth Tech estimates the cost at$127,200; and WHEREAS, it is in the best interest of the Commission to enter into Supplemental Agreement No. 9. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: Upon approval of the FAA and upon the direction of the City Attorney, the Chairperson is authorized to sign Supplemental Agreement No. 9,the scope of services of which is in substantial compliance with the attached Exhibit A, in an amount not to exceed $127,200. Passed and approved this J day of N tQ 2008. 4t� Approved By: CHAP,' 'SON Ce ATTEST: 0_ i EC WI—, Y City Attorney's Office It was moved by R'? t5 and seconded by 41" the Resolution be adopted, and upon roll call there were: Ayes Nays Absent 4--- Farris Hartwig Horan 7C Rettig `E- Staley L. Attachment A SCOPE OF SERVICES RUNWAY 7-25 RECONSTRUCTION PHASE 7 FAA AIP 3-19-0047-15 (POTENTIAL) A. Project Description The project is described as the Extension of Runway 7-25 at the Iowa City Municipal Airport, Iowa City, Iowa. The project includes an 800-foot extension of Runway 7-25, rehabilitation of the existing Runway 7-25 pavement, and a full-length taxiway parallel to Runway 7-25. Also included in the project is the relocation of Dane Road, relocation of Willow Creek, demolition of "United Hangar," and identification and mitigation of obstructions associated with Runway 7-25. 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 fmal plans, specifications and construction cost estimates, and other special services. The project has been divided into various phases. Previous phases of the project are as follows: Phase 1-Development and Processing of the Environmental Assessment Document Phase 2—Following Elements Included: • 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 Phase 3—Following Elements Were Included: • Construction Services for Willow Creek Relocation • Final Design of Grading for Runway 7-25 Extension • Construction Services for Runway 7-25 Grading Phase 4—Following Elements Were Included: • 405 Obstruction Surveys • Bid Documents and Construction Services for Demolition of"United Hangar" • Bid Documents and Constructions Services for Obstruction Mitigation Associated with Runway 7-25 Phase 5—Following Elements Were Included: • Paving for the 800-Foot Extension of Runway 7-25 • Narrowing of Pavement Width on Existing Runway 7-25 • Displacement of Runway 7 Threshold • Lighting for the Full Length of Runway 7-25, Including the 800-Foot Extension and Runway End Identifier Lights (REILs) on Both Runway 7 and Runway 25 Ends • Relocation of FAA Owned Precision Approach Path Indicators (PAPIs) on the Runway 7 and Runway 25 Ends • Removal of Turn Lane on Highway 1 Associated With Dane Road Removal • Removal of Dane Road Within Iowa Department of Transportation Right-of- W ay • Design and Construction Engineering Services for Above Improvements • Planning Services Related to Updating of the Airport Layout Plan Drawing Set to Reflect the New Configuration of Runway 7-25 After the Phase 5 Construction Phase Phase 6-Following Elements Were Included: • Design and Bidding Services for Reconstruction of the Section of Existing Runway 7-25 East of the Runway 12-30 Runway Object Free Area • Pavement Evaluation of Runway 7-25 and Runway 12-30 Current Phase of the Project: Phase 7—Construction Services for the Following: • Reconstruction of the Section of Existing Runway 7-25 East of the Runway 12- 30 Runway Object Free Area Work in this project shall be divided into the following tasks: C. 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. Construction Observation Program — This task consists of preparation of Construction Observation Program which will detail the measures and procedures that are required to assure conformance with the approved plans and specifications. This program will be developed in accordance with the FAA Central Region ALP Sponsor Guide. 3. Assemble Construction Documents — This task consists of assisting the Sponsor in assembling the contract documents for execution by the Contractor and the Sponsor. 4. 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. 5. Construction Surveying — This task consist of establishing horizontal and vertical control for the project. In addition, this task includes checking the Contractor survey notes for accuracy and method of staking. Contractor's survey will be checked on a weekly basis, prior to beginning work in the area staked, and periodically for grade and alignment. The survey notes received from the Contractor will be organized,checked,and filed for reference during the project. 6. 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. - 7. Construction Assistance—This task consists of answering design interpretation questions from the Sponsor, Contractor,review staff and appropriate agencies. 8. Pay Applications and Reimbursement Forms—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 reimbursements forms for the Sponsor. 9. Labor and Payroll Reports—This task consists of the reviewing weekly labor and payroll reports for compliance with Davis-Bacon Act, conducting on-site employee interviews, and conducting E.E.O. site inspections. Original documents will be submitted to the Sponsor at completion of project for storage. 10. Testing of Materials—This task consists of providing field testing and materials testing in accordance with the Construction Inspection Program. A subconsultant will provide bituminous material testing and Portland cement concrete compressive testing. 11. 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 with the contract documents. 12. Change Orders — This task consists of coordinating with the Sponsor and Contractor in preparing and processing contract change orders. 13. Pre-paving Conference — This task consists of a meeting with the contractor, quality assurance testing lab, resident project representative and the project manager to discuss the testing requirements and paving plan for the runway extension to assure that controls are in place to meet the project specifications prior to beginning paving operations. 14. 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. 15. Weekly Construction Meetings—This task consists of meeting with the Airport staff, air traffic control, tenants, and the Contractor for weekly progress meetings throughout the construction phase of the project. The meeting is to discuss project status, security, safety, operations, construction issues, and upcoming construction schedule. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Final Review — This task consists of performing a field observation of the completed Project before a final application for payment is processed for the Contractor. 22. Project 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 1) Brief narrative of work accomplished as well as any excluded items. 2) Summary of key milestone dates — Receipt of Bids, NTP, Substantial Completion, Contract Date, Final Inspection, Final Acceptance 3) Explanation of liquidated damages(if required) 4) Statement of compliance with contract labor provisions (payroll reviews,complaints,etc.)Referepce AC 150/5100-6. 5) Summary of final contract quantities. 6) Explanation of under-runs and over-runs. 7) Change Order Summary. 8) Testing Report Summary including a copy of all acceptance test results. 9) Final Inspection Report including signature of Consultant. 10) Contractor's Final Statement of Completion — typically submitted as the final payment request. e. Summary of DBE Utilization. 23. 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 MicroStation V8 format. 24. Construction Administration-This task consists of construction 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\SAl OICAirportAttachmentAdoc Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF RUNWAY 7-25 REHABILITATION PHASE 1 WHEREAS, Metro Pavers, Inc. has submitted the lowest responsible bid of $1,247,512.40 for construction of the above named project. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The contract award is dependant on the Federal Aviation Administration's (FAA's) award of a grant to cover Federal Aviation Administration's share of expenses. 2. The contract for the construction of the above named project is hereby awarded to Metro Pavers, Inc. subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements and that the Airport Commission receive an FAA grant for the project. 3. Upon award of the FAA grant, the Chairperson is hereby authorized to sign and the Secretary to attest the contract for construction of the above-named project, 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 J LA >J , 2008. \_')4 CHAIRPERSON Approved by ATTEST: if s 6— 14,04 ECR TA"Y City Attorney's Office It was moved by 44 and seconded by V`� HIj the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Hartwig Horan Rettig Staley Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. /i/i RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN A SHORT TERM LEASE WITH FEMA FOR STORAGE OF MOBILE HOMES IN AVIATION COMMERCE PARK. WHEREAS, the Federal Emergency Management Agency ("FEMA") has expressed interest in leasing space in Aviation Commerce Park for short term storage of mobile homes; and WHEREAS, it is in the best interest of the Commission to enter into a short term lease with FEMA. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Upon the direction of the City Attorney, the Chairperson is hereby authorized to sign a short term lease agreement with FEMA for the storage of mobile homes. Passed and approved this day of 3 u , 2008. CHAIRPERSON Approved by ATTEST: ,a S CRE-1?-4- City Attorney's Office It was moved by Pet and seconded by the Resolution be adopted, and upon roll call there were: AYEt7 NAYS: ABSENT: Farris Hartwig L Horan ✓/ Rettig Staley Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /frr- oZ RESOLUTION EXTENDING THE CONTRACT TERMINATION DATE FOR HERTZ CORPORATION. WHEREAS, the Iowa City Airport Commission and Hertz Corporation are in negotiations for a new operating agreement; and WHEREAS, Hertz has requested an extension of the termination date in order to finish negotiations. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: th The termination dateforthe lease with Hertz Corporation is extended to August 31, 2004, '''��' (A-.L r.l k—I i.) �'`tc M?a •f - .% o —C (se_c, s Passed and approved this I Q- day of Jk C(„ 2008.c? S Approved By: CHAIRPERSON ATTEST: icV INs*CRE , City Attorney's Office It was moved by .."J j and seconded by / t7 '3 the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Hartwig Horan Rettig Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. f2 ` JZ =5 RESOLUTION REJECTING BIDS RECEIVED ON JULY 10, 2008 FOR THE EXPANSION OF BUILDING H PROJECT. WHEREAS, three bids were received on July 10, 2008 for the Expansion of Building H Project, and the lowest bid exceeded Earth Tech's (the consulting engineer's) estimate by 35%; and Earth Tech recommends that the Commission reject all bids. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: All bids were received on July 10, 2008 for the Expansion of Building H Project are rejected. Passed and approved this day of ' , 2008. CHAIRFtRSON Approved by ATTEST: C S CRET t• City Attorney's Office It was moved byc./1-4, + (( and seconded by 3 7z the Resolution be adopted, and upon roll call thdFe were: Ayes Nays Absent Farris Hartwig / Horan Rettig Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. 17647- RESOLUTION AUTHORIZING CHAIRPERSON TO ACCEPT AN IOWA DEPARTMENT OF TRANSPORTATION GRANT. WHEREAS, the Iowa City Airport Commission has previously applied for an Iowa Department of Aviation grant for a planned corporate hangar. WHEREAS, it is in the best interest of the Iowa City Airport Commission to accept this grant. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: The Chairperson is authorized sign for acceptance of the grant. Passed and approved this h day of 3 U (. 2008. Approved By: CHAI ERSON ckt ATTEST: c S C' 'Y City Attorney's Office It was moved by ' � and seconded by fie-t_ the Resolution be adopted, and upo roll call there were: Ayes Nays Absent ✓ Farris Hartwig ✓ Horan Rettig ,/ Staley Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /90e.--- RESOLUTION D8 RESOLUTION SETTING A PUBLIC HEARING ON AUGUST 14, 2008 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2008 PAVEMENT REHABILITATION PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. A public hearing on the plans, specifications, form of contract and estimate of cost for construction of the above-named project is to be held on the 14Th day of August at 5:45 p.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. The City Clerk is hereby authorized and directed to publish notice of the public hearing, not less than 4 and not more than 20 days before the date 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. 4. A copy of the plans, specifications, form of contract and estimate of cost for 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 � , 2008. 1 CHAI ER ON Approved by ATTES A C71tv(, SECRETARY City Attorney's Office tie'c_TNIt was moved bye 1 I and seconded by 9 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris Hartwig Horan X Rettig (' Stately Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. A®r' 02(o RESOLUTION APPROVING COMMERCIAL OPERATING AGREEMENT WITH HERTZ CORPORATION. WHEREAS, Hertz desires to operate a car rental business at the Iowa City Municipal Airport; and WHEREAS,the Commission finds that it is in the best interest of the Iowa City Municipal Airport to enter into an agreement. NOW,THEREFORE, BE IT RESOLVED BY*THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: That the Chairperson is directed and authorized to execute and the Secretary to attest to an agreement with Hertz. Passed and approved this ( l {' day of Ay q�C k 2008. J Qi om/- Approved By: CHAIRPERS I ATTEST: / JJ � 1 erIN SECRETARY 9 City Attorney's Office It was moved by f l /v) and seconded by Lbe-Ge the Resolution be adopted, and upon4oll call there were: As Ayes Nays Absent ✓ Farris ,cZ Hartwig Horan tVz Rettig Staley 3 , Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. AOS —a 7 RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A CORPORATE HANGAR LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY,IOWA,AND INTERWEST EQUITIES WHEREAS,the Airport Commission of the City of Iowa City has negotiated a lease for Corporate hangar No. 31, located in Building G at the Iowa City Municipal Airport;and WHEREAS,the Commission finds the proposed lease to be proper and in the best interest of the Iowa City Municipal Airport;and, WHEREAS,the term of the lease shall be from August 14,2008 through August 13,2011. NOW,THEREFORE,BE IT RESOLVED BYU THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the attached hangar lease for Corporate Hangar No. 31 is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the corporate hangar lease between the Airport Commission and Interwest Equities It was moved by , f and seconded by PO(Co"- the Resolution be adopted, and upon roll call there wer : Ayes Nays Absent Farris f Hartwig 4/ Horan c/ Rettig (/ Staley Passed and approved this _AV V4 ('f ,2008 di/ Approved By: CHA ER-• ATTEST: <i j 0 IC\I Aeria ._SECRETARY City Attorney's Office • CORPORATE HANGAR LEASE This CORPORATE HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and Interwest Equities ("Tenant") in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: 1. Lease of the Hangar Space. The Commission hereby leases to Tenant hangar space in Hangar# 31 (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport') and described as follows: Building G, C. •orate Hangar of approximately 1370 square feet, with a 48' Bi-Fold Door and attache. office space of approximately 140 square feet. The Hangar Space shall be used and o ,upied by Tenant principally fo the storage or construction of the following aircraft: Aircraft Make &Model Aircraft Registration Number Aircraft Registered Owner Name Registered Owner Home and Business T. ephon: Numbers Tenant shall promptly notify the Commission writing of any change in the information furnished above. Tenant may request pe i ion to store a substitute aircraft in the Hangar Space by making a written reque to t - Commission. In the event Tenant is permitted to store a substitute aircraft in • e Han.ar Space, all provisions of this Lease applicable to the Aircraft shall also be a. •licable to e substitute aircraft. If the Tenant sells the aircraft listed =bove and dot not acquire replacement aircraft within ninety (90) days thereof, Ten- t shall immediate notify the Commission, and this Lease shall be terminated. 2. Term. The term of this Lease shal commence on August 14, 200; and shall end on the last day of the month of Augus 3, 2011. Tenant agrees to no the Commission 45-days prior to the e t•iration of the existing term in order to faci itate the Commission in locating another tena •t. In the event Tenant shall continue to occupy the Hangar Space beyond the term this Lease without executing a Lease for another 12-month term, such holding over s all not constitute a renewal of this Lease but shall be a month-to-month tenancy only. 3. Rent. For use of the Hangar Space, Tenant shall pay the Commission the amount of $ 404.00 per month, payable in advance on the first day of each month. A 1.5% late fee (which is $ 6.06 per day) for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 2 4. Security Deposit. At the time of execution of this Lease, Tenant shall pay to the Commission in trust the sum of one month's rent to be held as a rental deposit. At the termination of the Lease, the Commission shall return the deposit to the Tenant less any amounts due to repair damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease each year, the deposit will be held over for the next year. 5. Use of the Hangar Space. a. The Hangar Space shall be used primarily for storage or construction of the Aircraft consistent with FAR and the Minimum Standards. This provision is not to be construed as a prohibition for storage of maintenance aterials, cleaning materials, tools, parts, spares, and other aircraft components. b. Te -nt may park his/her car in the Hangar Space during such time that Tenant is usin• the Aircraft. c. No com ercial activity of any kind shall • - conducted by Tenant in, from or around th- Hangar Space. d. No maintena -, including painting, on e Aircraft shall be performed in the Hangar Space ,•r anywhere on the Airp• without the prior written approval of the Commission, -xcept such maintenan - as performed by the Tenant on his or her own aircraft as •ermitted by the F s ' . Tenant shall take steps to ensure that the performance of - ch maintenance ork shall not damage the Hangar Space or the Airport where th- work is perfo' ed or emit offensive odors. e. Tenant shall be respon •le and able for the conduct of its employees and invitees, and of those doi busi -ss with it, in and around the Hangar Space. Tenant shall keep the Hang. Sp:ce dean and free of debris at all times. f. In utilizing the Hangar Space • ,ring the term of this Lease, Tenant shall comply with all applicable ordinance ru -s, and regulations established by any federal, state or local government a• -ncy. g. Tenant shall dispose of u .-d oil only i, approved receptacles. h. At no time shall Tenant -tart or run his/h:r Aircraft engine(s)within the Hangar or Hangar Space. j. On the termination of this Lease, by ex.'ration or otherwise, Tenant shall immediately surre er possession of the Hang ar Space and shall remove, at its sole expense, th= Aircraft and all other prope therefrom, leaving the Hangar Space in the sa e condition as when received, o dinary wear and tear excepted. k. Tenant shall •e liable for any and all damage to the Hangar or to the Hangar Space caus•d by Tenant's use, including, but not limited to, bent or broken interior - s, damage due to fuel spillage, or damage to doors due to Tenant's imprope or negligent operation. 6. SMOKE FREEAIR ACT LEASE PROVISION Iowa Smokefree Air Ad. Smoking is prohibited throughout the Airport, including the Hangar Space. . 3 7. Rights and Obligations of Tenant. a. Tenant shall have at all times the right of ingress to and egress from the Hangar Space, except as provided in Paragraph 12. To ensure this right, the Commission shall make all reasonable efforts to keep adjacent areas to the Hangar Space free and clear of all hazards and obstructions, natural or manmade. b. Tenant shall be responsible to maintain the interior of the Hangar Space to in lude janitorial services, maintaining all interior lights, cleaning of stoppages in plu, bing fixtures and drain lines, cleaning of snow within two (2) feet of the apro' adjoining the Hangar Space, disposing of any debris or waste materials, and .intaining any Tenant constructed structures and equipment. The Commis-'on shall be the sole judge of the d e maintenance undertaken by the Tenant, a • may upon written notice, requi - specific maintenance work to be completed. such maintenance is not .mpleted within a reasonable time period, the C. . mission shall have the rig to perform such due maintenance, and Tenant sh. reimburse the Commiss'•n for the cost of such maintenance upon presentation .f a billing. c. Tenant shall provide <nd maintain han• fire extinguisher for the interior of the Hangar Space of the b 'ding in accord. ce with applicable safety codes. d. Tenant shall not store any aterials • tside the Hangar Space. e. Tenant shall promptly notify the Co mission, in writing, of any repairs needed on the Hangar or to the Hangar Sp-c . 8. Rights and Obligations of the Com ss •n. a. The Commission shall at all imes o.:rate and maintain the Airport as a public airport consistent with an. pursuant • the Sponsor's Assurances given by Authority to the United Sta -s Govemme under the Federal Airport Act. b. The Commission shall of unreasonably i'terfere with the Tenant's use and enjoyment of the Hang. Space. c. The Commission sh- maintain and keep the H. gar and Hangar Space in good repair except for the maintenance obligations of -nant set forth in the Lease. In no event, howev: , shall the Commission be r=.wired to maintain or repair damage caused .y the negligent or willful act of -nant, its agents, servants, invitees, or cu- omer. However, if due to any negli•ent or willful act by the Tenant, its -gents, servants, invitees or customer, there is a need for maintenan or repair of damage, then Tenant shall so such maintenance or repair in - •rompt, 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 Tenant. e. The Commission shall ensure appropriate grounds keeping is performed year round. 4 9. Sublease/Assignment. Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission. 10. Condition of Premises. Tenant shall accept the Hangar Space in its present condition without any liability or obligation on the part of the Commission to make any alterations, improvements or repairs of any kind on or about said Hangar Space. 11. Alterations. Tenant shall not insta any fixtures or make any alterations, additions or improvements to the Hangar Space w out the prior written approval of the Commission. All fixtures installed or additions an. improvements made to the Hangar Space shall, upon completion of such additio,s and improvements, beco a Commission property and shall remain in the Hangar S.-ce at the expiration or ter ination of this Lease, however terminated, without compensa' in or payment to Tena . Fixtures include, but are not limited to, locks, brackets for wi •ow coverings, plump g, light fixtures, luminaries, and any item permanently attached t► the wall, floor, or ceiling of the Hangar Space by means of cement, plaster, glue, nai , bolts, or screws. 12. Hazardous Materials. a. With the exception of Paragraph 1c bel•1 , no "hazardous substance," as defined in Iowa Code section 455B.•11 2007), may be stored, located, or contained in the Hangar Space with. t he Commission prior written approval. (The Iowa Code can be found online • www.legis.state.ia.us/IACODE . The. U.S. Code can be found online at www.fin. a .com/casecode/uscodes/index.html Federal regulations can be found online at tp:// .access.gpo.gov/nara/cfr/cfr-table- search_html. ) Petroleum products :nd th_ir byproducts for personal use may be stored or present in the Hangar •ace if s.id substances are contained in approved containers. b. With the exception of Paragr:ph 11c below, ' enant shall handle, use, store and dispose of fuel petroleum iroducts, and all •ther non-"hazardous substances" owned or used by it on e Airport in accor•-nce with all applicable federal, state, local and airport • atutes, regulations, rul:s and ordinances. No waste or disposable materials - all be released on the • ound or in the storm sewers. Should such mate -Is be spilled or escape om storage or in any way contaminate the • port or property adjacent to the Airport through activities of the Tenant, the enant shall be responsible for the clean up, containment and otherwise abatement of such contamination at Tena is sole cost and expense. Further, Tenant shall notify the Commission and .:ppropriate governmental agency of such occurrence immediately. Should T= ant fail to do so, the Commission may take any reasonable and appropriat: action in the Tenant's stead. The cost of such remedial action by the Commiss in shall be paid by the Tenant. c. Tenant may have the following materials stored in the Hangar Space: • 1 case of engine oil • 2 1/2 gallons gasoline for motorized tugs (but no aviation fuel or gasoline in drums) 5 • 1 gallon of cleaning solvents 13. Special Events. During any special event at the Airport, including but not limited to the Sertoma Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at the Airport may be altered such that egress and ingress to the Hangar Space may be altered by the Commission in writing. Tenant's failure to comply with the altered procedure is a default of this Lease, and the Commission may proceed to terminate this Lease. 14. Airport Rules and Regulations. Tenant agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30-days notice to terminate this Lease. Commission shall provide Tenant with a copy of said rules and regulatio s 30-days prior to their effective date. 15. Access and Inspectio The Commission has the G ht to enter and inspect he Hangar Space at any reasonable time during the term of this ease upon at leas' 24 hours notice to the Tenant for any purpose necessary, inci.ental to or con ected with the performance of its obligations under the Lease or in . e exercise of s governmental functions. In the case of an emergency, the Commis 'on may e ter the Hangar Space without prior notice but will provide notice to t - Tenan after the fact. The Commission shall not, during the course of any such ins•-ction, unreasonably interfere with the Tenant's use and enjoyment of the Hangar Spa.-. • a minimum, the Hangar Space will be inspected annually. Upon execution of this . _.se, the Tenant subsequently changes the lock to the Hangar Space, he or she all provide shall provide notice to the Commission before he or she does so an. s .II provide a new key to the Commssion within twenty-four hours of doing so. 16. Insurance. a. Tenant shall at its own ex tense procure an maintain general liability and casualty insurance in a co •any or companies - thorized to do business in the State of Iowa, in the folio ' g amounts: Type of Coverage Comprehensive G. eral (or Premises) Liability- Each 0 .urrence$1,000,000 b. Tenant's insurance carrier shall be A rated or better by A. . Best. Tenant shall name the Commission and the City of Iowa City, as additi•nal insured. The Commission and Tenant acknowledge that a Certificate of Insu nce is attached to this Lease. Tenant shall provide fifteen (15) days notice to th- Commission before cancellation of said insurance. c. It is the Tenant's responsibility to keep the insurance certificate current. If the Certificate of Insurance expires during the term of the lease, the Tenant must provide a current certificate to the Commision within seven (7) days of when the Certificate expires. 6 17. Casualty. In the event the Hangar or Hangar Space, or the means of access thereto, shall be damaged by fire or any other cause, the rent payable hereunder shall not abate provided that the Hangar Space is not rendered untenantable by such damage. If the Hangar Space is rendered untenantable and Commission elects to repair the Hangar or Hangar Space, the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 18. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delay- losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, -nd expenses incidental thereto, which may be suffered by, or charged to, the Commis '.n by reason of any loss or damage to any property or injury to or death of any person - 'sing out of or by reas•n of any breach, violation or non- performance by Tenant or i - servants, employe-s or agents of any covenant or condition of the Lease or by an -ct or failure to a of those persons. The Commission shall not be liable for its failure to .•erform this Le.se or for any loss, injury, damage or delay of any nature whatsoever re• Icing theref om caused by any act of God, fire, flood, accident, strike, labor dispute, '.t, insurr.ction, war or any other cause beyond Commission's control. 19. Disclaimer of Liability. The Commission hereby disclaims, and Ten:n hereby releases the Commission from any and all liability, whether in contract or to r (inc ding strict liability and negligence)for any loss, damage or injury of any na re wh=tsoever sustained by Tenant, its employees, agents or invitees during the t rm of this ease, including, but not limited to, loss, damage or injury to the Aircraft or . her property if Tenant that may be located or stored in the Hangar Space, unless -uch loss, dam. 'e or injury is caused by the Commission's gross negligence or i entional willful mi• induct. The parties hereby agree that under no circumstan = shall the Commis.ion be liable for indirect consequential, special or exempla' damages, whether in .ntract or tort (including strict liability and negligence), suc- as, but not limited to, loss •f revenue or anticipated profits or other damage related t• the leasing of the Hangar Spa.- under this Lease. 20. Attorney Fees. If the Commission file -n action in district court to enforce its rights nder this Lease and if judgment is en ered against the Tenant, Tenant shall be liable to - d shall pay for the Commission's attorney fees incurred in enforcing the Lease an. obtaining the judgment. 21. Default This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b) Tenant or the Commission fails to perform any other covenant herein and such default shall continue for five (5) days after the receipt by the other party of written notice. • 7 Upon the default by Tenant, or at any time thereafter during the cintinuance of such default, the Commission may take any of the following actions and shall have the following rights aganst Tenant: a. Termination. Commission may elect to erminate the lease by giving no less than thirty (30) days prior written notice thereof to Tenant and upon passage of time specified in such notice, this lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herin fixed for expiration of the Term and Tenant shall remain liable as provided in this paragraph. b. Eviction. Commission shall have the immediate right upon Termination of this lease to bring an action for forcible entry and detainer. c. Tenant to remain liable. No termination of this lease pursuant to this paragraph by operation or otherwise, and no repossession of the hangar space or any part thereof shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession, or reletting. d. Dama•es. In the event of any termination of this lease or eviction from or repossess'. of the hangar space or any part there,f by reason of the occurrence • an Event of Default, Tenant shall pay to he Comission the rent and other sum and charges required to by paid by th- Tenant for the period to and including th- end of the Term. 22. Security. Tenant acknowledges that the AA or another gove • mental entity or subdivision may enact laws or regulations regar.'ng security at ge -ral aviation airports such that the Commission may not be able to •mply fully with is obligations under this Lease, and Tenant agrees that the Commissio shall not b. liable for any damages to Tenant that may result from said non-compliance. 23. Thirty(30) Days Termination. Either party to this Lease shall have e !ht, with cause, to terminate this Lease by giving thirty (30) days' prior written n• ice to * e other party. 24. Non-Discrimination. Tenant shall not discriminate -:ainst any person i employment or public accommodation because of race, religion, - 'for, creed, gender identity, sex, national origin, sexual orientation, mental or physi -I disability, marital stat s or age. "Employment" shall include but not be limited to hiri •, accepting, registering, assifying, promoting, or referring to employment. "Public a««.mmodation" shall include b not be limited to providing goods, services,facilities, p ' ' -•es and advantages to the p •lic. 25. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree 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 • • 8 Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that/Tenant, shall use the premises in compliance with all other requirements imp•sed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assist:d Programs of the Department of Transporta ion, and as said Regulations m- be amended. c. It in understo• • and agreed that nothing erein contained shall be construed to grant or autho e the granting of an :xclusive right within the meaning of Section 308 of the ederal Aviation Act o 1958. This Lease shall be subordinate to the provisions of a• outstanding or fut re agreement between the Commission and the United State government or e Commission and the State of Iowa relative to the maintena «-, operation, • development of the Iowa City Municipal Airport. Tenant acknowl-••es and ag -s that the rights granted to Tenant in this Lease will not be exercise• so as to nterfere with or adversely affect the use, operation, maintenance or de lopme of the Airport d. Tenant agrees to furnish service • a fair, equal and not unjustly discriminatory basis to all users thereof, and • charge fair, reasonable and not unjustly discriminatory prices for each uni • service; provided, that Tenant may make reasonable and non-discriminato di- •unts, rebates, or other similar types of price reductions to volume purc =sers. e. The Commission reserves t - right (but -hall not be obligated to Tenant) to maintain and in repair the -nding area o the airport and all publicly-owned facilities of the airport, toge er with the right • direct and control all activities of Tenant in this regard. f. The Commission rese -s the right further to de elop or improve the landing area and all publicly-o ed air navigation facilities •f the airport as it sees fit, regardless of the d: ires or views of Tenant, an. without interferences or hindrance. g. The Commissio reserves the right to take any action it ••nsiders necessary to protect the ae'al approaches of the airport against obs , ctions, together with the right • prevent Tenant from erecting, or permittin• 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. h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly-owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. • 9 It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. j. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. k. The Lease shall become subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 26. Remedies Cumulat've. The rights and remedie• with respect to any of the terms and • ditions of this Lease shall be cumulative and •t exclusive, and shall be in addition to all other rights and remedies available to either •-rty in law or equity. 27. Notices. Any notice, for which provision is •ade in this Leas- shall be in writing, and may be given by either party to the other, in a••dition to any • er manner provided by law, in any of the following ways: a. by personal delivery to the Commi -i• Chairperson b. by service in the manner provid, by :w for the service of original notice, or c. by sending said Notice b -rtifled or re•itered mail, return receipt requested, to the last known addres . Notices shall be deemed to have been received on the date of receipt as s• •wn on the return re :'pt. (1) If to - Commission, addressed to: Iowa City Airport Commission Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 (2) If to Tenant, addressed to: Email: 28. Airport Operations Specialist The Airport Operations Specialist is the person designated by the Commission to manage the Hangar Space and to deliver all notices and demands from the 10 Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as provided in Paragraph 14. 29. Integration. This Lease constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 30. Waiver. The waiver by either party of any covenant or condition of thjs Lease shall not thereafter preclude such party from demanding performance in accord'an = 'th the terms hereof. 31. Successors Bound. This Lease shall be bindin and shall inure to the benefit of the heirs, legal representatives, successors and ssigns of the parties h= eto. 32. Severability. If a provision hereof shall be finally dec red void or i egal by any court or administrative agency having jurisdiction over the parti s to this -ase, the entire Lease shall not be void, but the remaining provisions shall ntinu= in effect as nearly as possible in accordance with the original intent of the pa 'es. • IOWA CITY AIRPORT COMMISSION By: Title: Date: TENANT: By: Title: Date: Approved: City Attorney's Office CORPORATE HANGAR LEASE This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and Interwest Equities ("Tenant") in consideration of the mutual covenants contained herein, and for other good and valuable consideration,the parties hereby agree as follows: In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: 1. Lease of the Hangar Space. The Commission hereby leases to Tenant hangar space in Hangar# 31 (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described as follows: Building G, Corporate Hangar of approximately 1370 square feet, with a 48' Bi-Fold Door and attached office space of approximately 180 square feet. The Hangar Space shall be used and occupied by Tenant principally for the storage or construction of the following aircraft: Aircraft Make &Model A .v s 6,01 P Aircraft Registration Number G7 $b et Aircraft Registered Owner Name T 1 .- ....cc A- Registered Owner Home and Business Telephone Numbers 301 0 C. 2.1 005 9 Tenant shall promptly notify the Commission in writing of any change in the information furnished above. Tenant may request permission to store a substitute aircraft in the Hangar Space by making a written request to the Commission. In the event Tenant is permitted to store a substitute aircraft in the Hangar Space, all provisions of this Lease applicable to the Aircraft shall also be applicable to the substitute aircraft. If the Tenant sells the aircraft listed above and does not acquire replacement aircraft within ninety(90) days thereof, Tenant shall immediately notify the Commission, and this Lease shall be terminated. 2. Term. The term of this Lease shall commence on August 14, 2008, and shall end on the last day of the month of August 13, 2011. Tenant agrees to notify the Commission 45-days prior to the expiration of the existing term in order to facilitate the Commission in locating another tenant. In the event Tenant shall continue to occupy the Hangar Space beyond the term of this Lease without executing a Lease for another 12-month term, such holding over shall not constitute a renewal of this Lease but shall be a month-to-month tenancy only. 3. Rent. For use of the Hangar Space, Tenant shall pay the Commission the amount of $ 404.00 per month, payable in advance on the first day of each month. A 1.5% late fee (which is $ 6.06 per day)for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 2 4. Security Deposit At the time of execution of this Lease, Tenant shall pay to the Commission in trust the sum of one month's rent to be held as a rental deposit. At the termination of the Lease, the Commission shall return the deposit to the Tenant less any amounts due to repair damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease each year, the deposit will be held over for the next year. 5. Use of the Hangar Space. a. The Hangar Space shall be used primarily for storage or construction of the Aircraft consistent with FAR and the Minimum Standards. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. c. No commercial activity of any kind shall be conducted by Tenant in, from or around the Hangar Space. d. No maintenance, including painting, on the Aircraft shall be performed in the Hangar Space or anywhere on the Airport without the prior written approval of the Commission, except such maintenance as performed by the Tenant on his or her own aircraft as permitted by the FAA. Tenant shall take steps to ensure that the performance of such maintenance work shall not damage the Hangar Space or the Airport where the work is performed or emit offensive odors. e. Tenant shall be responsible and liable for the conduct of its employees and invitees, and of those doing business with it, in and around the Hangar Space. Tenant shall keep the Hangar Space clean and free of debris at all times. f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by any federal, state or local government agency. g. Tenant shall dispose of used oil only in approved receptacles. h. At no time shall Tenant start or run his/her Aircraft engine(s)within the Hangar or Hangar Space. j. On the termination of this Lease, by expiration or otherwise, Tenant shall immediately surrender possession of the Hangar Space and shall remove, at its sole expense, the Aircraft and all other property therefrom, leaving the Hangar Space in the same condition as when received, ordinary wear and tear excepted. k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar Space caused by Tenant's use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to doors due to Tenant's improper or negligent operation. 6. SMOKE FREEAIR ACT LEASE PROVISION Iowa Smokefree Air Act. Smoking is prohibited throughout the Airport, including the Hangar Space. . 3 7. Rights and Obligations of Tenant. a. Tenant shall have at all times the right of ingress to and egress from the Hangar Space, except as provided in Paragraph 12. To ensure this right, the Commission shall make all reasonable efforts to keep adjacent areas to the Hangar Space free and clear of all hazards and obstructions, natural or manmade. b. Tenant shall be responsible to maintain the interior of the Hangar Space to include janitorial services, maintaining all interior lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the apron adjoining the Hangar Space, disposing of any debris or waste materials, and maintaining any Tenant constructed structures and equipment. The Commission shall be the sole judge of the due maintenance undertaken by the Tenant, and may upon written notice, require specific maintenance work to be completed. If such maintenance is not completed within a reasonable time period, the Commission shall have the right to perform such due maintenance, and Tenant shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. c. Tenant shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. d. Tenant shall not store any materials outside the Hangar Space. e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on the Hangar or to the Hangar Space. 8. 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 Tenant's use and enjoyment of the Hangar Space. The Commission shall maintain and keep the Hangar and Hangar Space in good repair except for the maintenance obligations of Tenant set forth in the Lease. In no event, however, shall the Commission be required to maintain or repair damage caused by the negligent or willful act of Tenant, its agents, servants, invitees, or customer. However, if due to any negligent or willful act by the Tenant, its agents, servants, invitees or customer, there is a need for maintenance or repair of damage, then Tenant shall so such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. d. Snow shall be removed from in front of Hangar Space to within at least two (2) feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of the Tenant. e. The Commission shall ensure appropriate grounds keeping is performed year round. 4 9. Sublease/Assignment Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission. 10. Condition of Premises. Tenant shall accept the Hangar Space in its present condition without any liability or obligation on the part of the Commission to make any alterations, improvements or repairs of any kind on or about said Hangar Space. 11. Alterations. Tenant shall not install any fixtures or make any alterations, additions or improvements to the Hangar Space without the prior written approval of the Commission. All fixtures installed or additions and improvements made to the Hangar Space shall, upon completion of such additions and improvements, become Commission property and shall remain in the Hangar Space at the expiration or termination of this Lease, however terminated, without compensation or payment to Tenant. Fixtures include, but are not limited to, locks, brackets for window coverings, plumping, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Hangar Space by means of cement, plaster, glue, nails, bolts, or screws. 12_ Hazardous Materials. a. With the exception of Paragraph 11c below, no"hazardous substance," as defined in Iowa Code section 455B.411 (2005), may be stored, located, or contained in the Hangar Space without the Commission prior written approval. (The Iowa Code can be found online at www.legis.state.ia.us/IACODE . The. U.S. Code can be found online at www.findlaw.com/casecode/uscodes/index.html Federal regulations can be found online at http://www.access.gpo.gov/vara/cfr/cfr-table- search.html. ) Petroleum products and their byproducts for personal use may be stored or present in the Hangar Space if said substances are contained in approved containers. b. With the exception of Paragraph 11c below, Tenant shall handle, use, store and dispose of fuel petroleum products, and all other non-"hazardous substances" owned or used by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm sewers. Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Tenant, the Tenant shall be responsible for the clean up, containment and otherwise abatement of such contamination at Tenant's sole cost and expense. Further, Tenant shall notify the Commission and appropriate governmental agency of such occurrence immediately. Should Tenant fail to do so, the Commission may take any reasonable and appropriate action in the Tenant's stead. The cost of such remedial action by the Commission shall be paid by the Tenant. c. Tenant may have the following materials stored in the Hangar Space: • 1 case of engine oil • 2 1/2 gallons gasoline for motorized tugs (but no aviation fuel or gasoline in drums) 5 • • 1 gallon of cleaning solvents 13. Special Events. During any special event at the Airport, including but not limited to the Sertoma Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at the Airport may be altered such that egress and ingress to the Hangar Space may be altered by the Commission in writing. Tenant's failure to comply with the altered procedure is a default of this Lease, and the Commission may proceed to terminate this Lease. 14. Airport Rules and Regulations. Tenant agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30-days notice to terminate this Lease. Commission shall provide Tenant with a copy of said rules and regulations 30-days prior to their effective date. 15. Access and Inspection. The Commission has the right to enter and inspect the Hangar Space at any reasonable time during the term of this Lease upon at least 24 hours notice to the Tenant for any purpose necessary, incidental to or connected with the performance of its obligations under the Lease or in the exercise of its governmental functions. In the case of an emergency, the Commission may enter the Hangar Space without prior notice but will provide notice to the Tenant after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected annually. Upon execution of this Lease, the Tenant subsequently changes the lock to the Hangar Space, he or she shall provide shall provide notice to the Commission before he or she does so and shall provide a new key to the Commssion within twenty-four hours of doing so. 16. Insurance. a. Tenant shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coveraoe Comprehensive General (or Premises) Liability- Each Occurrence$1,000,000 b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Commission and the City of Iowa City, as additional insured. The Commission and Tenant acknowledge that a Certificate of Insurance is attached to this Lease. Tenant shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. c. It is the Tenant's responsibility to keep the insurance certificate current. If the Certificate of Insurance expires during the term of the lease, the Tenant must provide a current certificate to the Commision within seven (7) days of when the Certificate expires. 6 17. Casualty. In the event the Hangar or Hangar Space, or the means of access thereto, shall be damaged by fire or any other cause, the rent payable hereunder shall not abate provided that the Hangar Space is not rendered untenantable by such damage. If the Hangar Space is rendered untenantable and Commission elects to repair the Hangar or Hangar Space, the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 18. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non- performance by Tenant or its servants, employees or agents of any covenant or condition of the Lease or by any act or failure to act of those persons. The Commission shall not be liable for its failure to perform this Lease or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 19. Disclaimer of Liability. The Commission hereby disclaims, and Tenant hereby releases the Commission from any and all liability, whether in contract or tort (including strict liability and negligence)for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the Aircraft or other property of Tenant that may be located or stored in the Hangar Space, unless such loss, damage or injury is caused by the Commission's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission be liable for indirect consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Hangar Space under this Lease. 20. Attorney Fees. If the Commission files an action in district court to enforce its rights under this Lease and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for the Commission's attorney fees incurred in enforcing the Lease and in obtaining the judgment. 21. Default This Lease shall be breathed if: (a) Tenant fails to make the rental payment; or (b) Tenant or the Commission fails to perform any other covenant herein and such default shall continue for five (5) days after the receipt by the other party of written notice. 7 Upon the default by Tenant, or at any time thereafter during the cintinuance of such default, the Commission may take any of the following actions and shall have the following rights aganst Tenant: a. Termination. Commission may elect to erminate the lease by giving no less than thirty (30) days prior written notice thereof to Tenant and upon passage of time specified in such notice, this lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herin fixed for expiration of the Term and Tenant shall remain liable as provided in this paragraph. b. Eviction. Commission shall have the immediate right upon Termination of this lease to bring an action for forcible entry and detainer. c. Tenant to remain liable. No termination of this lease pursuant to this paragraph by operation or otherwise, and no repossession of the hangar space or any part thereof shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession, or reletting. d. Damages. In the event of any termination of this lease or eviction from or repossession of the hangar space or any part thereof by reason of the occurrence of an Event of Default, Tenant shall pay to the Comission the rent and other sums and charges required to by paid by the Tenant for the period to and including the end of the Term. 22. Security. Tenant acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Lease, and Tenant agrees that the Commission shall not be liable for any damages to Tenant that may result from said non-compliance. 23. Thirty(30)Days Termination. Either party to this Lease shall have the right, with cause, to terminate this Lease by giving thirty(30)days' prior written notice to the other party. 24. Non-Discrimination. Tenant shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation"shall include but not be limited to providing goods, services,facilities, privileges and advantages to the public. 25. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree 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 8 Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Tenant, shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. c. It in understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this Lease will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. e. The Commission reserves the right (but shall not be obligated to Tenant) to maintain and in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of Tenant in this regard. f. The Commission reserves the right further to develop or improve the landing area and all publicly-owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant, and without interferences or hindrance. g. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Commission would limit the usefulness of the airport or constitute a hazard to aircraft. h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly-owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. 9 It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. j. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. k. The Lease shall become subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 26. Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity. 27. Notices. Any notice, for which provision is made in this Lease, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Commission Chairperson b. by service in the manner provided by law for the service of original notice, or c. by sending said Notice by certified or registered mail, return receipt requested, to the last known address. Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. (1) If to the Commission, addressed to: Iowa City Airport Commission Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 (2) If to Tenant, addressed to: Email: 28. Airport Operations Specialist The Airport Operations Specialist is the person designated by the Commission to manage the Hangar Space and to deliver all notices and demands from the 10 Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as provided in Paragraph 14. 29. Integration. This Lease constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 30. Waiver. The waiver by either party of any covenant or condition of this Lease shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 31. Successors Bound. This Lease shall be binding and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto. 32. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. IOWA CITY AIRPORT COMMISSION By: L-1'1M/V Title: OrCil t`- Date: 7-7 l v D r TENANT: _�.s =1 A I U3,Q k By: ikhvty Title: Ru-,aro, Date: S/ 1 ¶/c S Approved: City Attorney's Office T Hangar Lease 9-05 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. ilesr-a d RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 11 WITH EARTH TECH FOR ENGINEERING SERVICES RELATING TO THE RUNWAY 7-25 RECONSTRUCTION—PHASE 1 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, the Commission and Earth Tech entered into Supplemental Agreements Nos. 1,2,3,4, 5, 6, 7, 8,9 and No. 10 previously; WHEREAS, the Commission and Earth Tech now desire to enter into Supplemental Agreement No. 11, a copy of which is attached. WHEREAS, it is in the best interest of the Commission to enter into Supplemental Agreement No. 11 NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized to sign the attached Supplemental Agreement No. 11 Passed and approved this { day of kg-61-2008. Approved By: CHA hiONG!!j ATTEST: V ` l U A SECRETARY City Attorney's Office It was moved by i?.i/L/I and seconded by i Cs)/e-i the Resolution be adopted, and upon roll call tli(ere were: Ayes Nays Absent Farris Hartwig y Horan Rettig Staley 0 EarthTech 501 Sycamore Street P319.232.6531 Suite 222 F319.232.0271 A tfICO International Lid.Company Waterloo,IA 50703 www.earthtech.com RUNWAY 7-25 RECONSTRUCTION PHASE 8 IOWA CITY MUNICIPAL AIRPORT IOWA CITY,IOWA SUPPLEMENTAL AGREEMENT NO. 11 WHEREAS, a Professional Services Agreement w s entered into between Iowa sty Airport Commission, Iowa City, Iowa (Client), and Earth Tech, Inc. (Consul ant), Des Moines, Iowa, aced August 16, 2004, for the preliminary design of Dane Road Relocation and Ru ay 7-25 Extension; and WHEREAS, the Client and the Consultant entered into pplemental Agree ent No. 1 dated April 14, 2005, for final design of grading of the 800-foot extension of Runw: 7-25 and grad' g 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 Sup. ementa Agreement No. 2 dated September 8, 2005, for construction engineering services during the constructs. oft e rerouting of Willow Creek and a triple concrete reinforced box culvert; and WHEREAS, the Client and the Consultant entered into Supplemen .1 greement No. 3 dated February 9, 2006, for an obstruction survey of the approaches to Runway 7-25 and nwa, 30 at the Iowa City Municipal Airport, Iowa City, Iowa; and WHEREAS, the Client and the Consultant entered into Supply ental Agree• ent No. 4 dated June 8, 2006, for an update to the Airport Layout Plan for the area south of R i nway 12-30 as . result of the closing of Runway 18-36 at the Iowa City Municipal Airport; Iowa City, Iowa; .nd WI-IEREAS, the Client and the Consultant entered into S .plemental Agreement .. 5 dated June 16, 2006, for construction engineering services during the grading a-d drainage for Runway 7-'5 extension including the proposed runway safety area;and WHEREAS, the Client and the Consultant entered i o Supplemental Agreement No. 6 ted July 27, 2006, for engineering services related to the mitigation of o tractions within the primary surface :nd the approaches to Runway 7-25; and WHEREAS, the Client and the Consultant e ered into Supplemental Agreement No. 7 d. ed November 9, 2006, for the design and construction engin- ring services for the reconstruction of the weste section of the Main Terminal Apron at the Iowa City Mup'cipal Airport, Iowa City, Iowa; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 8 dated March 28, 2007, for the final design and construction engineering services for Phase 5, which includes paving and lighting for Runway 7-25 Extension; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 9, dated January 10,2008, for the final design for the rehabilitation of Runway 7-25 and Runway 12-30; and WHEREAS, Supplemental Agreement No. 10 has been submitted for execution for construction engineering services for the reconstruction of the section of existing Runway 7-25 east of the Runway 12-30 Runway Object Free Area; and WHEREAS, the Client and the Consultant now desire to enter into Supplemental Agreement No. 11 for construction engineering s• ices for the reconstruction of the section of existing Runway 7-25 from Station 46+50 to Station 50+00. NOW THEREFORE, it is mutuall agreed to amend the original Professional Services Agre; ent as follows: I. Scope of Services Services to be provided under . Supplemental Agreement No. 11 incl.de construction engineering services related to the reconstructio, of Runway 7-25 from Station 46+ 4 to Station 50+00 at the Iowa City Municipal Airport, Iowa City, •wa. The Project Description . d Scope of Services are further defined in Attachment A. II. Compensation Compensation for the above services will be .'n a cost plus ed fee basis in accordance with Part III of the original agreement. The direct labor, •verhead, • ect expenses and fixed fee are shown in Attachment B. The compensation for the se .ces s r.11 be a not-to-exceed amount of Twenty-One Thousand Two Hundred Dollars ($21,200.00)wi o authorization of the Client. III. In all other respects, the obligations of the Cli- t . 'd the Consultant shall remain as specified in the Professional Services Agreement dated Augus 6,201 4, and subsequent amendments. IN WITNESS WHEREOF,the parties hereto have xecuted this ` pplemental Agreement No. 11 as of the dates shown below: IOWA CITY AIRPORT COMMISSION By Date Greg Farris Chairperson EARTH TECH, INC. By U-C / Z Date July 9,2008 Joe A. Becker Vice President L:\work\ADMIN\AOREE\SUPPLE\SA I I ICAirport.doc • I Attachment A SCOPE OF SERVICES • RUNWAY 7-25 RECONSTRUCTION PHASE 8 FAA AIP 3-19-0047-16 A. Project Description The project is described as he Extensio of Runway 7-25 at the Iowa City Municipal Airport, Iowa City, Iowa. •- project '•eludes an 800-foot extension of Runway 7-25, rehabilitation of the existing R way 7 5 pavement,and a full-length taxiway parallel to Runway 7-25. Also included in t e oject is the relocation of Dane Road, relocation of Willow Creek, demolition of "Unf.ed Hangar," and identification and mitigation of obstructions associated with Runw. '-25. B. General Project Scope The work to be performed by he Consultant .hall encompass and include detailed work, services, materials, equip •nt and supplie necessary to prepare special studies, preliminary design, develo• final plans, speci 1.ations and construction cost estimates, and other special services. The project has been div ded into various phases. • evious phases of the project are as follows: Phase 1-Developm• •t and Processing of the Environ ental Assessment Document Phase 2—Follow'i g Elements Included: • Pave •ent Management Plan • Upd.to the DBE Program • His one&Environmental Documentation of the"United angar" • Design of Willow Creek Relocation • Preliminary Design of Dane Road Relocation and Runway 25 Extension Phase 3—Following Elements Were Included: • Construction Services for Willow Creek Relocation • Final Design of Grading for Runway 7-25 Extension • Construction Services for Runway 7-25 Grading Phase 4—Following Elements Were Included: • 405 Obstruction Surveys • :id Documents and Construction Services for Demolition of"United Hangar" • B.. Documents and Constructions Services for Obstruction Mitigation As ociated with Runway 7-25 Phase 5—Fo•owing Elements Were Included: • Paving . the 800-Foot Extension of Runway 7-25 • Narrowin_ of Pavement Width on Existing Runway 7-25 • Displaceme t of Runway 7 Threshold • Lighting for •e Full Length of Runway 7-25, Including the 8 i 0-Foot Extension and Runway E.d Identifier Lights (REILs) on Both Runwa, 7 and Runway 25 Ends • Relocation of F a Owned Precision Approach Path In icators (PAPIs) on the Runway 7 and Run ay 25 Ends • Removal of Turn L. eon Highway 1 Associated W.. Dane Road Removal • Removal of Dane R..d Within Iowa Departm- •t of Transportation Right-of- Way • Design and Construction Engineering Service. for Above Improvements • Planning Services Relate. to Updating of le Airport Layout Plan Drawing Set to Reflect the New Configuration of Run •y 7-25 After the Phase 5 Construction Phase Phase 6-Following Elements Were nc ded: • Design and Bidding Servi s for Reconstruction of the Section of Existing Runway 7-25 East of the ' •nwa 12-30 Runway Object Free Area • Pavement Evaluation of'unway r-25 and Runway 12-30 Phase 7-Construction Se• 'ces for the Following: • Reconstructio• of the Section of Exi ting Runway 7-25 East of the Runway 12- 30 Runwa •bject Free Area Current P •se of the Project: Phase 8-Con truction Services for the Following: • Reconstruction of the section of existing Runway 7-25 from Station 46+50 to Station 50+00 initiated by construction change order to Metro Pavers but under a separate federal grant for reimbursement. Work in this project shall be divided into the following tasks: j C. Construction Phase 1. Reimbursement Requests — This task consists of preparing and processing reimbursement requests based on the monthly application for payment to the contractor after Sponsor approval and pavement. 2. Testing of Materials—This task consists of providing field testing and materials testing in accordance with the Construction Inspection Program. A subconsultant will .rovide quality assurance testing for establishi.g proctor values for the base rock and embankment materials and provide ac•eptance testing for Portland cemet concrete pavements. 3. Chan•e Orders — This task consists of cool-dilating with the Sponsor and Contracto 'n preparing and processing contract hange orders. 4. Construction 1 bservation — This task con sts of providing field observation during construct.n to review the work of th- Contractor to determine if the work is proceeding in •eneral accordance wit r the contract documents and that completed work a.•.ears to conform to the contract documents. Staffing requirements may bo adjusted during t.e Project in relation to the level of construction activity. 5. Project Files — This to consists .f maintaining files for correspondence, reproductions of original contract documents, additional drawings issued subsequent to the executi n of e contract, Engineer clarifications and interpretations of the contract do ents, progress reports and other project- related documents. 6. Daily Reports—This task cons'st of the resident field representative keeping a diary, log book or report for t .se ti• es on site, recording hours on the job site; weather conditions; data rel ive to .•uestions of extras or deductions; list of visiting officials and repres-. tatives of ..anufacturers, fabricators, suppliers and distributors; activities; .-cisions, ob•-rvations in general and specific observations in more detit when necess. , as in the case of observing test procedures. As part of .is task, weekly c instruction progress and inspection reports will be prepared :nd submitted to the £ • . 7. Project Closeout — his task consists of assis 'ng the Sponsor with Project completion and final closeout documentation from to e Contractor for the FAA by providing a statem: t covering the following. a. Sponsor ertification for Final Acceptance. b. Final t utlay Report—Standard Form SF-271. c. Fin. Project Cost Summary. d. F. al Construction Report 1) Brief narrative of work accomplished as well as any excluded kems. 2) S p�mary of key milestone dates — Receipt of Bids, NTP, Sub3t ntial Completion, Contract Datfr, Final Inspection, Final Acceptance 3) Explanation of liquidated damages (` required) 4) Statement ocompliance with con. .ct labor provisions (payroll reviews, comlkints,etc.)Refere e AC 150/5100-6. 5) Summary of fma contract qu. ties. 6) Explanation of un• r-runs an• over-runs. 7) Change Order Summary. 8) Testing Report Summ. i eluding a copy of all acceptance test results. 9) Final Inspection Repo' inc ding signature of Consultant. 10) Contractor's Final Statemtnt of Completion — typically submitted as the fi'.1 payment equest. e. Summary of DBE Utiliz. ion. 8. Construction Administratit - This task consists •f office administration and coordination of the grant o'the project. Interoffice -etings, general day-to-day administrative responsib. (ties, and typing of interoffic' memoranda and minutes of meetings are induct,• in this task. L:\work\ADMIMAGREE\SUPPLE\SAI I ICA'-.4 rtAttacbmentA.doc Attachment B Iowa City Municipal Airport Runway 7-25 Reconstruction(Station 46+50 to 50+00) FAA AIP Project No.3-19-0047-16 Construction Engineering Services Consultant Cost Summary I. Direct Labor Cost Classification Hours Rate/Hour Amount Totals Senior Professional 4 $76.00 $304.00 Project Professional 20 $61.0• $1,220.00 Staff Professional 52 $37.'' $1,924.00 CADD Operator 0 $23 80 $0.00 Senior Technician 88 $ •.00 $2,464.00 Technician 0 $ 9.00 $0.00 Project Support 3. 18.00 $648.00 Direct Labor Total 200 $6,560.00 II. Payroll Burden and Overhead costs 160.00% $10,496.00 III. Direct Project Expenses Category Units Akte/Unit Amount Mileage 260 $0.505 $131.30 Per Diem 0 $32.00 $0.00 Lodging 0 •8.00 $0.00 Copier 500 $x.06 $30.00 Plan Copier 40 $0.•0 $20.00 GPS • $25.06 $0.00 Geodimeter 0 $12.50 $0.00 Nuclear Density Guage 0 $40.00 $0.00 Miscellaneous $250.00 $431.30 IV. Earth Tech Estimate Costs $17,487.30 R• nded $17,500.00 V. Subcontract Expense *IA Testing $1,200.00 $1,200.00 VI. Estimated Costs $18,700.00 VII. Fixed Fee $2,500.00 VIII. Maximum Amount Payable $21,200.00 Iowa City Municipal Airport Runway 7-25 Reconstruction(Station 46+50 to 50+00) . FAA AIP Project No.3-19-0047-16 Construction Engineering Services _ Staff Hour Estimate Item Description Senior Project Staff ADD Senior Project No. Professional Professional Professional Operator Technician Technician Support Totals 1 Reimbursement Requests 8 . ' 8 16 2 Testing of Materials 4/ 4 3 Change Orders 4 /16 4 24 4 Construction Observation / 80 80 5 Project Files / 8 8 6 Daily Reports 8 8 7 Project Close-out 8 24 8 40 8 Project Administration 4 8 8 20 Total I 52 0 88 0 36 200 Eap gh ii uc II 501 Sycamore Street p319.232.6531 Suite 222 F319.232.0271 A it/C0 International Ltd.Company Waterloo,IA 50703 www.earthtech.com RUNWAY 7-25 RECONSTRUCTION PHASE 8 IOWA CITY MUNICIPAL AIRPORT IOWA CITY,IOWA SUPPLEMENTAL AGREEMENT NO. 11 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 entered into Supplemental Agreement No. 3 dated February 9, 2006, for an obstruction survey of the approaches to Runway 7-25 and Runway 30 at the Iowa City Municipal Airport, Iowa City, Iowa; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 4 dated June 8, 2006, for an update to the Airport Layout Plan for the area south of Runway 12-30 as a result of the closing of Runway 18-36 at the Iowa City Municipal Airport; Iowa City,Iowa; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 5 dated June 16, 2000, for construction engineering services during the grading and drainage for Runway 7-25 extension including the proposed runway safety area; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 0 dated July 27, 2006, for engineering services related to the mitigation of obstructions within the primary surface and the approaches to Runway 7-25; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 7 dated November 9, 2006, for the design and construction engineering services for the reconstruction of the western section of the Main Terminal Apron at the Iowa City Municipal Airport,Iowa City, Iowa; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 8 dated March 28, 2007, for the final design and construction engineering services for Phase 5, which includes paving and lighting for Runway 7-25 Extension; and WHEREAS, the Client and the Consultant entered into Supplemental Agreement No. 9, dated January 10, 2008, for the final design for the rehabilitation of Runway 7-25 and Runway 12-30; and WHEREAS, Supplemental Agreement No. 10 has been submitted for execution for construction engineering services for the reconstruction of the section of existing Runway 7-25 east of the Runway 12-30 Runway Object Free Area; and WHEREAS, the Client and the Consultant now desire to enter into Supplemental Agreement No. 11 for construction engineering services for the reconstruction of the section of existing Runway 7-25 from Station 46+50 to Station 50+00. 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. 11 include construction engineering services related to the reconstruction of Runway 7-25 from Station 46+50 to Station 50+00 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 Twenty-One Thousand Two Hundred Dollars($21,200.00) 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. 11 as of the dates shown below: IOWA CITY AIRPORT COMMISSION By Date ,cgli 9(d 8" C -• Jch�ix! Reff,s Chairpergrnk EARTH TECH,INC. dir By Secittr Date July 9,2008 Joe A.Becker Vice President L:\work\ADMIMAGREE\SUPPLE\SA I I ICAirport.doc • Attachment A SCOPE OF SERVICES RUNWAY 7-25 RECONSTRUCTION PHASE 8 FAA AIP 3-19-0047-16 A. Project Description The project is described as the Extension of Runway 7-25 at the Iowa City Municipal Airport, Iowa City, Iowa. The project includes an 800-foot extension of Runway 7-25, rehabilitation of the existing Runway 7-25 pavement, and a full-length taxiway parallel to Runway 7-25. Also included in the project is the relocation of Dane Road, relocation of Willow Creek, demolition of "United Hangar," and identification and mitigation of obstructions associated with Runway 7-25. 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. The project has been divided into various phases. Previous phases of the project are as follows: Phase 1 -Development and Processing of the Environmental Assessment Document Phase 2—Following Elements Included: • 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 Phase 3—Following Elements Were Included: • Construction Services for Willow Creek Relocation • Final Design of Grading for Runway 7-25 Extension • Construction Services for Runway 7-25 Grading • • Phase 4—Following Elements Were Included: • 405 Obstruction Surveys • Bid Documents and Construction Services for Demolition of"United Hangar" • Bid Documents and Constructions Services for Obstruction Mitigation Associated with Runway 7-25 Phase 5—Following Elements Were Included: • Paving for the 800-Foot Extension of Runway 7-25 • Narrowing of Pavement Width on Existing Runway 7-25 • Displacement of Runway 7 Threshold • Lighting for the Full Length of Runway 7-25, Including the 800-Foot Extension and Runway End Identifier Lights (REILs) on Both Runway 7 and Runway 25 Ends • Relocation of FAA Owned Precision Approach Path Indicators (PAPIs) on the Runway 7 and Runway 25 Ends • Removal of Turn Lane on Highway 1 Associated With Dane Road Removal • Removal of Dane Road Within Iowa Department of Transportation Right-of- Way • Design and Construction Engineering Services for Above Improvements • Planning Services Related to Updating of the Airport Layout Plan Drawing Set to Reflect the New Configuration of Runway 7-25 After the Phase 5 Construction Phase Phase 6-Following Elements Were Included: • Design and Bidding Services for Reconstruction of the Section of Existing Runway 7-25 East of the Runway 12-30 Runway Object Free Area • Pavement Evaluation of Runway 7-25 and Runway 12-30 Phase 7 - Construction Services for the Following: • Reconstruction of the Section of Existing Runway 7-25 East of the Runway 12- 30 Runway Object Free Area Current Phase of the Project: Phase 8- Construction Services for the Following: • Reconstruction of the section of existing Runway 7-25 from Station 46+50 to Station 50+00 initiated by construction change order to Metro Pavers but under a separate federal grant for reimbursement. Work in this project shall be divided into the following tasks: • C. Construction Phase 1. Reimbursement Requests — This task consists of preparing and processing reimbursement requests based on the monthly application for payment to the contractor after Sponsor approval and pavement. 2. Testing of Materials—This task consists of providing field testing and materials testing in accordance with the Construction Inspection Program. A subconsultant will provide quality assurance testing for establishing proctor values for the base rock and embankment materials and provide acceptance testing for Portland cement concrete pavements. 3. Change Orders — This task consists of coordinating with the Sponsor and Contractor in preparing and processing contract change orders. 4. 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. 5. Project Files — This task consists of maintaining files for correspondence, reproductions of original contract documents, 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. 6. 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. As part of this task, weekly construction progress and inspection reports will be prepared and submitted to the FAA. 7. Project 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 1) Brief narrative of work accomplished as well as any excluded items. 2) Summary of key milestone dates — Receipt of Bids, NTP, Substantial Completion, Contract Date, Final Inspection, Final Acceptance 3) Explanation of liquidated damages(if required) 4) Statement of compliance with contract labor provisions (payroll reviews, complaints, etc.)Reference AC 150/5100-6. 5) Summary of final contract quantities. 6) Explanation of under-runs and over-runs. 7) Change Order Summary. 8) Testing Report Summary including a copy of all acceptance test results. 9) Final Inspection Report including signature of Consultant. 10) Contractor's Final Statement of Completion — typically submitted as the final payment request. e. Summary of DBE Utilization. 8. Construction Administration - This task consists of office administration and coordination of the grant 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:\workW DMIN\AGREE\S UPPLE\SA l I ICAi`portAttachmentA.doc Attachment B Iowa City Municipal Airport Runway 7-25 Reconstruction(Station 46+50 to 50+00) FAA AIP Project No.3-19-0047-16 Construction Engineering Services Consultant Cost Summary I. Direct Labor Cost Classification Hours Rate/Hour Amount Totals Senior Professional 4 $76.00 $304.00 Project Professional 20 $61.00 $1,220.00 Staff Professional 52 $37.00 $1,924.00 CADD Operator 0 $23.00 $0.00 Senior Technician 88 $28.00 $2,464.00 Technician 0 $19.00 $0.00 Project Support 36 $18.00 $648.00 Direct Labor Total 200 $6,560.00 II. Payroll Burden and Overhead costs 160.00% $10,496.00 Ill. Direct Project Expenses Category Units Rate/Unit Amount Mileage 260 $0.505 $131.30 Per Diem 0 $32.00 $0.00 Lodging 0 $68.00 $0.00 Copier 500 $0.06 $30.00 Plan Copier 40 $0.50 $20.00 GPS 0 $25.00 $0.00 Geodimeter 0 $12.50 $0.00 Nuclear Density Guage 0 $40.00 $0.00 Miscellaneous $250.00 $431.30 IV. Earth Tech Estimate Costs $17,487.30 Rounded $17,500.00 V. Subcontract Expense Q/A Testing $1,200.00 $1,200.00 VI. Estimated Costs $18,700.00 VII. Fixed Fee $2,500.00 VIII. Maximum Amount Payable $21,200.00 Iowa City Municipal Airport Runway 7-25 Reconstruction (Station 46+50 to 50+00) FAA ALP Project No.3-19-0047-16 Construction Engineering Services Staff Hour Estimate Item Description Senior Project Staff CADD Senior Project No. Professional Professional Professional Operator Technician Technician Support Totals 1 Reimbursement Requests 8 8 16 2 Testing of Materials 4 4 3 Change Orders 4 16 4 24 4 Construction Observation 80 80 5 Project Files 8 8 6 Daily Reports 8 8 7 Project Close-out 8 24 8 40 8 Project Administration 4 8 8 20 Total 4 20 52 0 88 0 36 200 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. AIN-ag RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE 2008 PAVEMENT REHABILITATION PROJECT. 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 with one exception. Pages AF-1 and 2 are revised to include additional information on the bid opening. Attached,marked Exhibit A, and incorporated herein are copies of the amended Pages AF-1 and 2. 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 the 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,before 2:00pm on the August 28th,2008, or at a later date and/or time as determined by the Commission Chairperson or their 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 5:45pm on the 11th day of September,2008,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. Passed and approved this ` 16-' ay of 44. '..( 2008. Approved By: CHAIRPE SO ATTEST: 4 i) gA (�`e ao-, J SECRETARY City Attorney's Office It was moved by U`G,-� and seconded by /44//1-1/4). the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Hartwig Horan c/ Rettig Staley k ADVERTISEMENT FOR BIDS EX H,P per' II 2008 PAVEMENT REHABILIATION jl IOWA DEPARTMENT OF TRANSPORTATION AIP NO.9I-07-0I0W-100 CONTRACT NO.9638 AT THE IOWA CITY MUNICIPAL AIRPORT Sealed proposals will be received by the City Clerk of the City of Iowa City,Iowa,prior to 2:00 P.M. on the 28th day of August 2008,or at a later date and/or time as determined by the Airport Commission or designee,with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the Airport Commission or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the Airport Commission at a meeting to be held in the 2°d Floor Conference Room at the Airport Terminal Building at 5:45 P.M. on the 11th day of September 2008, or at such later time and place as may be scheduled. The Project will involve the following: Removal of existing bituminous asphalt pavements and base course in the south T-hangar taxilane area. The existing base course will be replaced and compacted and a new bituminous asphalt or Portland Cement Concrete pavement surface course will be placed. The project also includes an additive alternative bid for concrete pavement repairs and joint cleaning and sealing. All work is to be done in strict compliance with the plans and specifications prepared by Earth Tech, Inc. of Des Moines,Iowa,which have heretofore been approved by the Airport Commission,and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the Airport Commission and must be accompanied in a sealed envelope,separate from the one containing the proposal,by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY,IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten(10) calendar days of the Airport Commission's award of the contract and post bond satisfactory to the Airport Commission ensuring the faithful performance of the contract and maintenance of said Project, if required,pursuant to the provisions of this notice and the other contract documents.Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed thirty (30) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the Airport Commission. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City and Airport Commission from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (I)year from and after its completion and formal acceptance by the Airport Commission. The following limitations shall apply to this Project: Calendar Days: 30(thirty) Anticipated Start Date: September 15,2008 Liquidated Damages: $100 per day The plans, specifications,and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at Earth Tech, Inc., 321 E. Market Street, Suite 103,Iowa City,Iowa 52245,(319)688-0099,by bona fide bidders. Iowa Department of Transportation AF-1 Iowa City Municipal Airport AIP No. 9I-07-0IOW-100 2008 Pavement Rehabilitation Contract No. 9638 Earth Tech Project No. 88056 A $30 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons.The fee shall be in the form of a check,made payable to Earth Tech. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at(515)281-5796. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract.This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities,unit prices and extended dollar amounts. By virtue of statutory authority,preference must be given to products and provisions grown and coal produced within the State of Iowa,and to Iowa domestic labor,to the extent lawfully required under Iowa Statutes.The Iowa reciprocal resident bidder preference law applies to this Project. The Airport Commission reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Marking and Mailing Bids. Envelopes containing bids must be sealed and addressed to the Iowa City Municipal Airport, do City Clerk, City Hall,410 E.Washington Street,Iowa City,Iowa,52240;and marked in the upper left hand corner as follows: Bid of (Name and Address of Contractor) for 2008 Pavement Rehabilitation. Iowa City Municipal Airport,Iowa City, Iowa, State AIP#9I-07-OIOW-100,Contract#9638. Bids shall be submitted before 2:00 p.m. on August 28,2008. The time of receipt shall be determined by the official clock maintained by the City Clerk,and the Airport Commission's determination of the time of receipt shall govern. To be opened at 2:00 p.m. Local Time, August 28,2008. Published upon order of the Iowa City,Iowa Airport Commission. MARIAN K.KARR,CITY CLERK Iowa Department of Transportation AF-2 Iowa City Municipal Airport AIP No. 91-07-0I0W-100 2008 Pavement Rehabilitation Contract No.9638 Earth Tech Project No. 88056 Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. .1-1r/S" C RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE 2008 PAVEMENT REHABILITATION. WHEREAS, L.L. Pelling Company, Inc of North Liberty, Iowa has submitted the lowest responsible bid of_$163,726.00 for construction of the above named project. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The contract for the construction of the above named project is hereby awarded to _ L.L. Pelling Company, Inc of North Liberty, Iowa _ subject to the conditions that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements and that the Commission secure the necessary funds. 2. The Chairperson is hereby authorized to sign and the Secretary to attest the contract for construction of the above-named project, subject to the conditions that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements and that the Commission secure the necessary funds. Passed and approved this t( day of 5tiolte, � , 2008. --/aArV.-1 CHAIRPE9J Approved by ATTEST: %' SE RET- 'Y City Attorney's Office It was moved by Q,tt1L and seconded by r4.— the Resolution be adopted, and upon roll call th re were: Ayes Nays Absent Farris Hartwig Horan Rettig Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. A-IPF' 31 RESOLUTION ACCEPTING THE WORK FOR THE TERMINAL APRON REHABILITATION WHEREAS, the Commission's consultant for the Terminal Apron Rehabilitation, Earth Tech Inc.- AECOM, has recommended that the work associated has been completed by Streb Construction Co. Inc., and be accepted as complete. WHEREAS, the final contract price is $340,802.43, which is established from the original contract cost of $337.642.00 and $3160.43 change order # 1 to adjust final constructed quantities. 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 I I day of 5epx1MLP' , 2008. CHAIR SON Approved b ATTEST: �� `C-0?i `C-0?S CRETAR/ City Attorney's Office It was moved by P-t)cfv, and seconded by bli i / td/4), the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Hartwig .j Horan ./ Rettig ✓/ Staley Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. AO ' 3,2_, RESOLUTION ACCEPTING THE WORK FOR THE REHABILITATION OF THE SOUTH T-HANGAR TAXILANES i.,.,,.-!4 -jt /c,.-c-. WHEREAS, the Commission's consultant for the Project, AECOM., has recommended that the work on the installation of concrete flor by Vieth Construction Company be accepted; and WHEREAS, the final contract price is $146,324.23, which includes the original contract amount of $140,794.15 and $5530.08 from change order#1, is the approved amount. 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 I) day of Sl/J cl-e-r''LcAz_e--- , 2008. CH 4ERSON Approved by ATTEST: 4.11i1. ;AZOS=V: .4_'. ( (' 'IA- SEC ETA Y City Attorney's Office It was moved by Q.L. K t and seconded by 14 r44"- the Resolution be adopted, and upon roll call the were: Ayes Nays Absent _64 Farris Hartwig / Horan ./ - Rettig Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. /10T' 3 RESOLUTION ACCEPTING THE WORK FOR THE JET A / AVGAS FUEL SYSTEM UPGRADES. WHEREAS, the Commission's consultant for the Jet A / AvGas System Upgrade Project, AECOM, has recommended that the work on the installation of Jet A / AvGas Fuel System Upgrades by Acterra Group, Inc. be accepted; and WHEREAS, the final contract price is $88277.21, which includes the original contract amount of $83368.41 and $4908.80 from change orders#1 and #2, is the approved amount. 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/ day of tiOU-e--1-,c1 4V— , 2008. 11, ."j CHA "PERSON Approved by ATTEST: Ala""`�` _" ( S CRET Y City Attorney's Office It was moved by "w and seconded by the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Hartwig i/ Horan Rettig �/ Staley Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington Street,Iowa City, IA 52240(319)356-5030 RESOLUTION NO. /le?""3T RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST TO AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK TO EXTEND THE TERM. 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 have subsequently amended the Listing Agreement eight (8) times and it will expire on December 31, 2008; and WHEREAS, it is in the best interest of the Commission to approve the attached Eighth Amendment to Listing Agreement, which will extend the term to , 200_. Dtc_r4e_r 3( 2,7047. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is authorized to sign and the Secretary to attest to the attached Ninth Amendment to Listing Agreement. Passed and approved this I I day of N2 C-e,- , 2008. CHAIR SON Approved by ATTEST: ( a\ -_ cf- of— SECRETAR City Attorney's Office It was moved by itChrq"` and seconded by tiakrktol the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: (� Farris Hartwig Horan Rettig Staley NINTH AMENDMENT TO LISTING AGREEMENT WHEREAS, on April 20, 2004, the Iowa City City Council, Iowa City Airport Commission, and NAI Iowa Realty Commercial entered into listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the parties have previously entered into eight amendments including an amendment that extends the term of the Listing Agreement to December 31, 2008; WHEREAS, the parties wish to extend the Listing Agreement to December 31, 2009; and WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties. 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 December 31, 2009. All other terms of the Listing Agreement, as amended, shall remain in full force and effect. NAI IOWA REALTY COMMERCIAL Peggy Slaughter Date Randy Miller Date THE IOWA CITY AIRPORT COMMISSION Greg Farris, Chairperson Date Attest: Janelle Rettig, Secretary Date THE CITY OF IOWA CITY Marian K. Karr, City Clerk Regenia D. Bailey, Mayor CITY ACKNOWLEDGMENT STATE OF IOWA ss: JOHNSON COUNTY ) On this day of , 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Approved by City Attorney's Office RESOLUTION NO. AI — 5 RESOLUTION APPROVING CONSULTANT SERVICES AGREEEMENT WITH AECOM TECHNICAL SERVICES,INC. WHEREAS, the Iowa City Airport Commission conducted an engineering selection process according to FAA Advisory Circular 150/5100-14D "ARCHITECTURAL, ENGINEERING, AND PLANNING CONSULTANT SERVICES FOR AIRPORT GRANT PROJECTS"; WHEREAS, AECOM Technical Services, Inc. was selected as the most qualified firm to assist with professional services under this agreement; and WHEREAS,the Airport Commission desires to enter into the attached Consultant Agreement for professional services. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: • 1. The Chairperson is authorized to sign the attached Consultant Agreement upon FAA concurrence. Passed and approved this it day of 1lceH-itr/ 2008. t V V Approved By: CHAI ERSON ATTEST: EC ARY City Attorney's Office It was moved by P and seconded by H the Resolution be adopted, and uponloll call there were: Ayes Nays Absent Farris Hartwig Horan (Z/ Rettig Staley • • AECOM AECOM 500 SW 7th Street,Suite 301,Des Moines,Iowa 50309 www.aecom.com CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this day of 2008, by and between the Iowa City Airport Commission, hereinafter referred to as the Client and AECOM Technical Services, Inc.(ATS),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. . • 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 Consultant Services 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. Services include, but are not limited to, professional services for studies, planning, preliminary design, final design, bidding and construction phases including special services for projects funded under FAA Airport Improvement Program or other funding sources.. 2. Professional services on an "on call" basis without a separate agreement for each request. • 3. Services will be provided when requested by the Client and at the level of service the Client desires. 4. Project Description, Scope of Services, Project Schedule and Compensation will be provided by Consultant for each project as a Project Task Order to be approved by • the Client and will be consistent with the provisions of Part VI. 5. 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. C. Client's Responsibilities • Client, at its expense, shall do the following in a timely manner so as not to delay the • Services. Page 2 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. Project Task Orders shall be initiated on or before December 31, 2013. III. 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. 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. • C. 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. • • D. It is agreed by the Client that all records and files pertaining to information needed by the Consultant for the project shalt 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. • Page 3 • • E. 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. F. 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. G. 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. • • H. 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. 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. J. 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. K. 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. L. Fees paid for securing approval of authorities having jurisdiction over the Projects will be paid by the Client. M. 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. • N. The Consultant agrees at all times material to this Agreement to hive 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. Page 4 • • • IV. STANDARD TERMS AND CONDITIONS 1. Standard of Care. Services'shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional services are not subject to, and ATS can not provide, any warranty or guarantee, express or implied, Including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders, requisitions or notices to proceed issued by Client are specifically objected to. 2. Change of Scope. The scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, information • supplied by Client. For some projects involving conceptual or process development services, said scope may not be fully definable during initial phases. As the Project progresses,facts discovered may indicate that said scope must be redefined. 3. Safety. ATS has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, ATS specifically disclaims any authority or responsibility for general job site safety and safety of persons other than ATS employees. 4. Delays. If events beyond the control of Client or ATS, including, but not limited to, fire, flood, explosion, riot, strike, war, process shutdown, act of God or the public enemy, and act or regulation of any government agency, result in delay to any schedule established in this Agreement, such schedule shall be amended to the extent necessary to compensate • for such delay. In the event such delay exceeds 60 days, ATS shall be entitled to an equitable adjustment in compensation. 5. Opinions of Construction Cost. Any opinion of construction costs prepared by ATS is supplied for the general guidance of the Client only. Since ATS has no control over competitive bidding or market conditions, ATS cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to Client. 6. Relationship with Contractors. ATS shall serve as Client's professional representative for the Services, and may make recommendations to Client concerning actions relating to Client's contractors, but ATS specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences or procedures of construction selected by Client's contractors. • 7. Construction Review: For projects involving construction, Client acknowledges that under generally accepted professional practice, interpretations of construction documents in the field are normally required, and that performance of construction-related services by the design professional for the project permits errors or omissions to be identified and corrected at comparatively low cost. Client agrees to hold ATS harmless from any claims resulting • from performance of construction-related services by persons other than ATS. 8. Insurance. ATS will maintaininsurance coverage for Professional, Comprehensive . General, Automobile, Worker's Compensation, and Employer's Liability in amounts in accordance with legal, and ATS's business requirements. Certificates evidencing such coverage will be provided to Client upon request. For projects involving construction, Client agrees to require its construction contractor, if any, to incldde ATS as an additional insured Page 5 on its policies relating to the Project. ATS's coverages referenced above shall, in such case, be excess over contractor's primary coverage. 9. Hazardous Material. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. ATS and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition 'mandating a renegotiation of the scope of work. ATS agrees to notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. Client acknowledges and agrees that it retains title to all hazardous material existing on the site and shall report to the appropriate federal, state or local public agencies, as required, any conditions at the site that may present a potential danger to the public health, safety or the environment. Client shall execute any manifests or forms in connection with transportation, storage and disposal of hazardous materials resulting from the site or work on the site or shall authorize ATS to execute such documents as Client's agent. Client waives any claim against ATS and agrees to defend, indemnify, and save ATS harmless from any claim or liability for injury or loss arising from ATS's discovery of unanticipated hazardous materials or suspected hazardous materials. • 10. Indemnities. To the fullest extent permitted by law, ATS shall indemnify and save harmless Client from and against loss, liability, and damages sustained by Client, its agents, employees, and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the willful misconduct or failure to adhere to the standard of care described in Paragraph 1 above of ATS, its agents or employees. To the fullest extent permitted by law and consistent with Paragraph 1, Client shall defend, indemnify, and save harmless ATS from and against loss, liability, and damages sustained by ATS, its agents, employees, and representatives by reason of claims for injury or death to persons, damages to tangible property, to the extent caused directly by any of the following: (a) any substance, condition, element, or material or any combination of the foregoing produced, emitted or released from the Project or tested by ATS under this Agreement, or(b)operation or management of the Project. Client also agrees to require its construction contractor, if any, to include ATS as an indemnity under any indemnification obligation to Client. 11. Limitations of Liability. No employee or agent of ATS shall have individual liability to Client. Client agrees that, to the fullest extent permitted by law,ATS's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to; ATS's negligence, errors, omissions, strict liability, or breach of contract and whether claimed directly or by way of contribution shall not exceed the total compensation received by ATS under this Agreement. If Client desires a limit of liability greater than that provided above, Client and ATS shall include in Part III of this Agreement the amount of such limit and the additional compensation to be paid to ATS for assumptionof such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ATS BE LIABLE TO CLIENT 'FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. 12. Access. Client shall provide ATS safe access to any premises necessary,for ATS to provide the Services. Page 6 13. Reuse Of Project Deliverables. Reuse of any documents or other deliverables, including electronic media, pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without written verification or adaptation by ATS for the specific purpose intended, shall be at the Client's risk. Further, all title blocks and the engineer's, seal, if applicable, shall be removed if and when Client provides deliverables in electronic media to another entity. Client agrees that relevant analyses,findings and reports provided in electronic media shall also be provided in "hard copy" and that the hard copy shall govern in the case of a discrepancy between the two versions; and shall be held as the official set.of drawings, as signed and sealed. Client shall be afforded a period of 30 days in which to check the hard copy against the electronic media. In the event that any error or inconsistency is found as a. result of this process, ATS shall be advised and the inconsistency shall be corrected at no additional cost to Client. Following the expiration of this 30-day period, Client shall bear all responsibility for the care, custody and control of the electronic media. In addition, Client represents that it shall retain the, necessary mechanisms to read the electronic media, which Client,acknowledges to be of only limited duration. Client agrees to defend, indemnify, and hold harmless ATS from all claims, damages, and expenses, (including reasonable litigation costs), arising out of such reuse or alteration by Client or others acting through Client. 14. Amendment. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 15. Assignment. See Paragraph B of Part III. 16. Statutes of Limitation. To the fullest extent permitted by law, parties agree that, except for claims for indemnification, the time period for bringing claims under this Agreement shall expire one year after Project completion. 17. Dispute Resolution. Parties shall attempt to settle disputes arising under this agreement by discussion between the parties senior representatives of management. If any dispute can not be resolved in this manner, within a reasonable length of time, parties agree to attempt non-binding mediation or any other non-binding method of alternative dispute resolution prior to filing any legal proceedings. In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs from the other party. 18. No Waiver. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. • 19. No Third-Party Beneficiary. Nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Client's contractors, if any. 20. Severability. See Paragraph J of Part Ill. • 21. Authority. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. • • Page 7 V. FEDERAL TERMS AND CONDITIONS A. Civil Rights Act of 1964,Title VI During the performance of this Agreement, the Consultant,for itself, its assignees and successors in interest,agree as follows: 1. Compliance with Regulations. The Consultant shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter"DOT"), Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this • Agreement. 2. Nondiscrimination. The Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 4. Information and Reports. The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Sponsor shall impose such Agreement sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or • (b) . Cancellation, termination or suspension of the Agreement, in whole or in part. • Page s 6. Incorporation of Provisions. The Consultant shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a Consultant becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Sponsor to enter into such litigation to protect the interests of the Sponsor; and in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. B. Airport and Airway Improvement Act of 1982, Section 520 - General Civil Rights Provision The Consultant assures that it will comply with pertinent Federal statutes, executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap, be excluded from participating in any activity conducted with or benefiting from Federal assistance. In the case of Consultants, this provision binds the Consultants from the bid solicitation period through the completion of the Agreement. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. C. Disadvantaged Business Enterprises 1. Agreement Assurance (§26.13). The Consultant, and their subcontractors, shall not discriminate on the basis of race, color, national origin, or sex in the • performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, as the recipient deems appropriate. 2. Prompt Payment (V6.29). The Consultant agrees to pay each subcontractor • under this Agreement for satisfactory performance of its agreement no later than 20 days from the receipt of each payment the Consultant receives from the Client. The Consultant agrees further to return retainage payments to each subcontractor within 20 days after the subcontractor's work is satisfactorily completed and receipt of retainage payment from the Client. Any delay or postponement of payment from the above referenced time frame-may occur only for good cause following written approval of the Client. This clause applies to both DBE and non-DBE subcontractors. D. Lobbying and Influencing Federal Employees. 1. No Federal appropriated funds shall be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of.a member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. • Page 9 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the Consultant shall complete and submit.Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions, E. Access to Records and Reports The Consultant shall maintain an acceptable cost accounting system. The Consultant agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States, or any of their duly authorized representatives, access to any books, documents, paper and records of the Consultant which are directly pertinent to the . specific Agreement for the purposes of making an audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all.books, records and reports required under this Agreement for a period of not less than three years after final payment is made and all pending matters are closed. F. Rights to Inventions All rights to inventions and materials generated under this Agreement are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this Agreement is executed. G. Trade Restriction Clause The Consultant, or their subcontractors, by execution of an Agreement, certifies that it: 1. . Is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative(USTR); 2. Has not knowingly entered into any Agreement or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; 3. Has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no Agreement shall be awarded to a Consultant or subcontractor who is unable to certify to the above. If the Consultant knowingly procures or • subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct, through the Sponsor, cancellation of the Agreement at no cost to the Government. Further, the Consultant agrees that it will incorporate this provision for certification without modification in each Agreement.and in all lower tier subcontracts. The Consultant may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. Page 10 • The Consultant shall provide immediate written notice to the Sponsor if Consultant learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Consultant if, at any time, it learns that its certification was erroneous by reason of changed circumstances. • This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that Consultant or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the Sponsor, cancellation of the Agreement or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records.in order to render, in good faith, the certification required by this provision. The knowledge and information of Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. H. Termination of Agreement 1. The Client may, by written notice, terminate this Agreement in whole or in part at any time, either for the Client's convenience or because of failure to fulfill the Agreement obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Agreement, whether completed or in progress, delivered to the Client. 2. If the termination is for the convenience of the Client, an equitable adjustment in the Agreement price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 3. If the termination is due to failure to fulfill Consultant's obligations, the Client may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, the Consultant shall be liable to the Client for any • additional cost occasioned to the Client thereby. 4. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the Client. In such event, adjustment in the Agreement price shall be made as provided in paragraph 2 of this clause. 5. The rights and remedies of the Client provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. Page 11 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion • The Consultant certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this Agreement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, Agreements and subcontracts. Where Consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this Agreement. J. Breach of Agreement Terms Sanctions • Any violation or breach of the terms of this Agreement on the part of Consultant or their subcontractor may result in.the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights'of the parties of this Agreement. The duties and obligations imposed by the Agreement documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. VI. COMPENSATION FOR SERVICES •• • Client shall pay Consultant for the Services in accordance with the following: A. Compensation for the Services may 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 Consultants 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. Compensation for AIP-eligible projects may be on a lump sum fee or an hourly basis using cost plus fixed fee method. A not-to-exceed amount shall be provided at time of execution. If a substantial change in scope occurs, an amendment may be processed to account for the additional effort. E. 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 • Page 12 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. VII. 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 AECOM TECHNICAL SERVICES, INC. • By: _. A By: a< as�" Joe A.Becker Title: \`(- Title: Vice President Date: ID ( go Jo Date: November 25,2008 L:\work ADMINIAGREE\PROF11owaCityAirportProjects.doc id City Attorney's Office Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. ,log"3� RESOLUTION APPROVING TASK ORDER NO. 1 WITH AECOM TECHNICAL SERVICES,INC.FOR ENGINEERING SERVICES RELATING TO THE RUNWAY 7-25 AND RUNWAY 12-30 RECONSTRUCTION. WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement" with AECOM Technical Services, Inc. on December 11, 2008 to provide engineering services fro Federal Airport Improvement Program Projects; WHEREAS, Part I(A) of said agreement provides that the parties will enter into supplemental agreements for each project; WHEREAS,the Commission and AECOM Technical Services, Inc. now desire to enter into Task Order No. 1,a copy of which is attached and WHEREAS, it is in the best interest of the Commission to enter into Task Order No. 1. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized to sign the attached Task Order No. 1 after concurrence with FAA. Passed and approved this 1( day of UYceA iA 1C'008. \ A/��' Approved By: CHAIRP S N ATTEST: - S CRET• ''' City Attorney's Office It was moved by 14 G U' and seconded by 14 i C' the Resolution be adopted, and upon roll call thre were: ) Ayes Nays Absent Farris Hartwig Horan Rettig !/. Staley AECOM AECOM 500 SW 7th Street,Suite 301,Des Moines,Iowa 50309 • www.aecom.com t ask 0rdt v No , I • REHABILITATION OF RUNWAY 7-25 AND RUNWAY 12-30 IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA FAA PROJECT NO. 3-19-0047-17 (Proposed) Project Description-See Attachment .j t S tN0,41 v-o,4U °t.th . Scope of Services -SeeAttachmentJ tit/Int Gln tS ttt.(Ot pOfcl 1IL°,lft? ILA • , Compensation A. Compensation for services for the Design Phase shall be a lump sum fee of One Hundred Ninety- Five Thousand Four Hundred Dollars ($195,400.00). General Conditions Except as specifically amended by this •agreement, services shall be provided in accordance with the Consultant Services Agreement for the Iowa City Municipal Airport between AECOM Technical Services, Inc., and the Iowa City Airport Commission dated December_, 2008. APPROVED APPROVED IOWA CITY AIRPORT COMMISSION AECOM TECHNICAL SERVICES, INC. By By • Joe A. Becker Date Date December 3, 2008 L:lworkWDMINW.GREEIPROF11CRunway7-25 Runwayl2-30.doc City Attorney's Office ATTACHMENT FOR REHABILITATION OF RUNWAY 7-25 AND RUNWAY 12-30 IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA FAA AIP PROJECT NO.3-19-0047-17(Proposed) PROJECT DESCRIPTION The project is described as the Rehabilitation of Runway 7-25 and Runway 12-30 at the Iowa City Municipal Airport, Iowa City, Iowa. The project includes approximately 1,850 feet of Runway 7-25 that remains between the work completed on AIP Project No. 3-19-0047-14 and on AIP Project No. 3-19-0047-16. The project includes approximately 1,400 feet on the north end of Runway 12-30. The intersection of the two runways (7-25 and 12-30) is a part of this project. Based on the previously completed pavement evaluation, it is anticipated that the rehabilitation will be accomplished by reconstruction of the existing runways with Portland cement concrete pavement with grooving and marking. The work involved in the project will also include pavement removal, excavation, aggregate base course, storm sewer, subdrain, and surface restoration. The final project will be designed around the maximum anticipated federal funding amount of$2,870,758. II. GENERAL PROJECT SCOPE The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to provide preliminary design, develop final plans, develop specifications, provide construction cost estimates, and provide bidding services. Construction phase services will be determined after the project has been bid and prior to issuance to a federal grant. Work shall be divided into the following tasks: A. Design Phase 1. 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 including design schedule will be confirmed in writing by the Consultant to the Commission, with copies to each participating unit of government. 2. 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, 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. 3. Subsurface Information — This task consists of completing pavement cores and collection of subsurface soils data on an approximate 400 foot grid along Runway 7- 25 and Runway 12-30 including the intersection. Subsurface investigations shall be completed in accordance with FAA Advisory Circular AC 150/5340-6E. Subsurface information will be collected for design and construction of the proposed improvements. 4. 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. Field data will be collected for the runways and the runway safety areas. Property surveys are not included in this task. 5. 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. 6. Pavement Design - This task consists of summarizing the pavement evaluation, the determination of the design aircraft, and rehabilitation recommendations for the runway pavement design and preparation of the final pavement design forms for the project. The final pavement design forms will be based on the design aircraft identified from the previous section. 7. Preparation of Design Plans — This task consists of the preparation of the final design plans for this project. The final plans will set forth in detail the requirements of the preliminary design phase, together with the common practice of design and ethical practice of professional engineers. Plans will be prepared in compliance with current Central Region Federal Aviation Administration requirements in effect at the time the plans are prepared. This task includes the preparation of the following: (1) Title Sheet (2) Legend and General Notes (3) Schedule of Drawings (4) Schedule of Quantities (5) General Project Layout (6) Safety and Sequencing Plans (7) Phasing Plans(Specific to the Intersection) (8) Existing Conditions (9) Typical Sections (10) Removal Plans (11) Geometric Layout (12) Grading and Drainage Plans (13) Storm Sewer Profiles -2- (14) Storm Sewer Details (15) Erosion Control Plans (16) Paving Plans and Profiles (17) Pavement Jointing Plans (18) Pavement Surface Elevations (19) Pavement Details (20) Pavement Marking Plans (21) Pavement Marking Details (22) Grooving Plans and Details (23) Cross Sections 8. 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 and Iowa Department of Transportation requirements in effect at the time the specifications are prepared. 9. 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. 10..Preparation of Add Alternate Bid Documents — This task consists of the determination and separation of the project bid documents to provide for the bidding to occur as a base bid and an add alternate bid. The add alternate will be based on the anticipated discretionary funding level as identified in the"Go Letter". 11. Determination of Liquidated Damages Amount—This task consists of defining a methodology and determining a value for the liquidated damages to be made a part of the bid documents. The liquidated damages will be specific to delays in construction of the intersection of Runway 7-25 and Runway 12-30 that result in the closure of the airfield. 12. 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. -3- 13. 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. 14. Stakeholders Meetings —This task consists of assisting the Sponsor with meetings with the airport stakeholders. There are two anticipated groups of stakeholders relative to this project. They are the stakeholders that use the airfield on a regular basis and the stakeholders that are impacted by the identification of obstructions in the approaches to Runway 12-30. Potential obstructions have been defined in the departure surfaces and approach surfaces to Runway 12-30 as part of the Airport Layout Plan Update currently being completed. These stakeholders meetings are necessary to obtain input from the effected parties during design of the project as well as to present the proposed plans,schedule,and sequencing of the project. 15. Conferences and Meetings - This task consists of conferences and meetings in addition to the design conference and the stakeholder 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. 16. DBE Program - This task consists of assisting the Sponsor in preparation of an update to DBE program for this project. 17. Grant Application - This task consists of assisting the Sponsor in preparation of grant application. 18. 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. 19. Pre-Bid Conference — This task consists of attending and conducting a "Pre-Bid Conference"at the Project site for prospective bidders. 20. Bid Document Interpretation — This task consists of answering bid document interpretation questions from bidders,preparing and issuing any required addenda. 21. 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. This task also includes providing one electronic copy of the plans and specifications that can be viewed in and printed from Adobe Acrobat. -4-