HomeMy WebLinkAbout04-13-2023 Airport CommissionIOWA CITY AIRPORT COMMISSION
MEETING AGENDA
AIRPORT TERMINAL BUILDING
1801 S. RIVERSIDE DRIVE
IOWA CITY, IOWA
THURSDAY, APRIL 13, 2023 - 6:00 P.M.
1. Determine Quorum
2. Approval of Minutes from the following meetings:
March 9, 2023 & March 20, 2023
3. Public Comment- Items not on the agenda
4. Items for Discussion / Action:
a. Airport History —JudyNyren
b. Hangar A Mural Project
i. Fundraising
c. Airport Strategic Plan
d. Airport Construction Projects:
1 min*
2 min
5 min
10 min
30 min
60 min
15 min
FAA grant projects
1. Runway 25 Threshold Relocation
2. Runway 12/30 Displaced Threshold/Relocation
a. Consider a resolution accepting bids and awarding contract (A23-09)
3. Terminal Area Study
a. Consider a resolution approving Work Order 10 with Bolton & Menk (A23-
10)
4. Solar Power Project
ii. Iowa DOT grant projects
1. FY22 Program
a. South T-hangar infrastructure
2. FY23 Program
a. Terminal Building Improvements
b. Wayfinding/Signage
3. FY24 Program
iii. Airport/Locally Funded Projects
1. Parking Lot Additions
iv. Future Projects
e. Airport "Operations" 15 min
i. Budget
ii. Management
1. Commission member outreach plan
iii. Events
1. Autocross: April 16, June 11, Aug 27, Oct 1
2. Pancake Breakfast: August 27
3. Drive-in Movies: Aug 5
4. Young Eagles: June 3
f. FBO / Flight Training Reports 10 min
i. Jet Air
g. Commission Members' Reports 2 min
h. Staff Report 2 min
*The times listed in the agenda are the anticipated duration of that particular agenda item. The actual
discussion may take more or less time than anticipated
if you will need disability -related accommodations in order to participate in this program/event, please
contact Michael Tharp, Airport Manager, at 379-356-5045 or at Michael-tharpC4iowa-city.orq. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 2 of 86
5. Set next regular meeting for May 11, 2023
6. Adjourn
*The times listed in the agenda are the anticipated duration of that particular agenda item. The actual
discussion may take more or less time than anticipated
if you will need disability -related accommodations in order to participate in this program/event, please
contact Michael Tharp, Airport Manager, at 379-356-5045 or at michael-tha&o L&iowa-city, orq. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 3 of 86
MINUTES
IOWA CITY AIRPORT COMMISSION
March 9, 2023 — 6:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Warren Bishop, Judy Pfohl, Hellecktra Orozco (Via Zoom), Scott Clair
(Via Zoom) Chris Lawrence
Members Absent:
Staff Present: Michael Tharp, Jennifer Schwickerath,
Others Present: Matt Wolford, Travis Strait, Kitzy Lemke, Carl Byers (zoom)
RECOMMENDATIONS TO COUNCIL:
None
DETERMINE QUORUM
A quorum was determined at 6:00 pm and Pfohl called the meeting to order.
APPROVAL OF MINUTES
Bishop moved to accept the minutes of February 9, 2023, seconded by Clair. Motion carried 3-0
(Orozco Absent, Lawrence Abstain)
PUBLIC COMMENT - None
ITEMS FOR DISCUSSION / ACTION
a. Hangar A Mural Project-
1. Consider a resolution approving contract with Jenna Brownlee —
Tharp stated that they were still working on the contract with the artist
and asked the Commission to defer this until their next meeting. Tharp
stated he hoped they would be able to approve it then. Tharp stated
that they still needed to discuss the fundraising piece. Bishop stated that
he and Clair had a meeting with Lynette Marshal who is the Uofl
Foundation CEO. Tharp also stated that within the contract that's being
discussed there were no provisions specifically calling out for public
participation. Tharp stated that because that wasn't a piece in the RFQ
it wasn't proper to include it as a contract requirement. Tharp stated
that if there was going to be a public participation, they would need to
plan for it as there are access and safety items that need to be
considered.
b. Airport Strategic Plan Tharp stated that this was a planned off month for this as
Regenia was putting the draft strategic plan together. Tharp stated he expected to
see a draft document that the Commission will be able to review.
c. Airport Construction Projects:
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 4 of 86
Airport Commission
March 9, 2023
Page 2 of 6
FAA grant projects
1. Runway 25 Threshold Relocation — Tharp stated they're still
waiting for spring for finishing work.
2. Runway 12/30 Displaced Threshold/Relocation — Tharp stated
that they had completed the independent fee review process and
submitted documentation to the FAA
a. Consider a resolution approving Work Order 9 with
Bolton & Menk (A23-01) Bishop moved the resolution
A23-01, seconded by Lawrence. Motion carried 5-0
b. Consider a resolution setting a public hearing on plans,
specifications, form of contract for the Runway 12-30
threshold, paving, and lighting work. (A23-02) Tharp
noted that this was in place because Bolton & Menk had done
the work on the plans and specs on their own. Tharp noted
that this was needed to keep the project on track. Tharp
stated that they would have a special meeting for the public
hearing on March 201h and that would keep the project on
track to have bids approved at the April meeting and be ready
for the grant application in early May. Tharp stated that the
plans where like they've been talking about for a while now.
He stated the worked called for a 500 foot displaced threshold
on Runway 12, 300 feet of new pavement on the Runway 30
end. Tharp also stated that the plans had both runway and
identifier lights and PAR lights as bid alternates. Wolford
asked about runway takeoff lengths and Byers responded.
Byers stated that they also had to coordinate with FAA
regarding the Runway 30 approach and stated that the
electrical lead times are still long. Bishop moved the
resolution #A23-02, seconded by Lawrence. Motion
carried 5-0
3. Terminal Area Study —
a. Consider a resolution approving Work Order 10 with
Bolton & Menk — Tharp stated this was another item he was
going to ask the Commission to defer to the next meeting.
Tharp stated that this project also had to go through the
independent fee review process and given the more
specialized nature of the study, getting a qualified firm to
provide that was more difficult. Bishop moved
4. Solar Power Project — Tharp stated that the agreement had been
put together for the environmental and sizing work for the system.
Tharp also stated that the FAA has reviewed the document. Bishop
asked about the buildings that were designated for panels and
Tharp stated that they were the highest use buildings. Tharp noted
that with the terminal building study going on there was nothing
planned for on the terminal. Lawrence asked about structural
review. Tharp noted that was part of the contract that CMT would
be conducting those reviews.
a. Consider a resolution approving agreement with
Crawford, Murphy, and Tilly, Inc. (A23-03) Lawrence
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 5 of 86
Airport Commission
March 9, 2023
Page 3 of 6
moved resolution #A23-03, seconded by Bishop. Motion
carried 5-0
ii. Iowa DOT grant projects
1. FY22 Program
a. South T-hangar infrastructure —Tharp stated they did have
a schedule update from the contractor, and they were looking
to start on March 20t" pending weather.
2. FY23 Program —
a. Terminal Building Improvements — Tharp stated that with
the work on the FAA side of projects they were behind on this
project
b. Wayfinding/Signage-
3. FY24 Program — Tharp stated that the call letter for the FY24
program from the Iowa DOT was out and that he put this on
the agenda as a reminder to talk about. Tharp stated that the
upcoming projects he would like to continue to pursue was
the remaining taxilanes for hangar development as well a
project to replace the front-end cabinetry for the fuel storage
facility. Lawrence asked about interest in hangar
infrastructure for the new lanes they're pouring. Tharp stated
that there are conversations going on.
iii. Airport/Locally Funded Projects
1. Parking Lot Additions —Tharp stated that this was just waiting for
spring so they could confirm seeding was going to take and then
they would accept it and finish the project.
iv. Future Projects
1. Tharp shared with the Commission that he had started to put pins
into google earth to represent projects coming up in the next few
years as a visual representation of things going on at the airport.
d. Airport "Operations"
i. Budget
1. Consider a resolution approving step increase for Airport
Manager (A23-04) Pfohl moved the resolution #A23-04,
seconded by Bishop. Motion Carried 5-0
ii. Management —Tharp stated the next two resolutions were covering both of
the agreements with Jet Air related to the janitorial services and
groundskeeping. Tharp noted that both contracts were increase around
10%. Wolford noted that the cleaning agreement had stayed the same during
the last renewal.
1. Consider a resolution approving amendment to Airport
Terminal Cleaning Agreement with Jet Air, Inc. (A23-05) Pfohl
moved resolution #A23-05, seconded by Lawrence. Motion
carried 5-0
2. Consider a resolution approving amendment to Airport
Maintenance Agreement with Jet Air, Inc. (A23-06) Bishop
moved resolution #A23-06, seconded by Pfohl. Motion carried
5-0
3. Commissioner's Notebook/Continuity of Operations
Document — Pfohl shared the notebook that she and Tharp had
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 6 of 86
e.
f.
4
Airport Commission
March 9, 2023
Page 4 of 6
been working on. Tharp noted that he and Pfohl had been working
on this over the last year and included things that they felt was
handy for the chair to have available. Tharp also stated that this
included the emergency contacts for different departments and file
locations for important computer documents.
4. Annual Report— Tharp stated that he had received comments and
some typo corrections from Pfohl. He stated that along with the
strategic plan they would give this to City Council.
5. Iowa Aviation Conference 2023 — Tharp stated that the Iowa
Aviation Conference is being hosted by Cedar Rapids this year.
Tharp stated this was the conference he had hosted last year.
Tharp noted they typically budget for a couple of Commission
members to attend. Lawrence stated he would like to attend. Bishop
stated he was a strong maybe.
6. Commission Member Outreach Plan — Tharp noted that this
was included on the agenda as a Chair request. He stated that
as part of the strategic plan discussion the Commission began
talking about inviting other staff members to Airport
Commission meetings or have members go to other boards
and commission meetings. Pfohl mentioned the rezoning of
an area near the airport that was being discussed. Tharp
stated that when the rezoning application was submitted NDS
staff had reached out about any areas that would be impacted
by airport related zones.
iii. Events —Tharp stated that the only thing has changed is they had a date for
the Young Eagles, which was June 31. Orozco asked about the sponsoring
of one of those and Tharp responded.
1. Autocross: April 16, June 11, Aug 27, Oct 1.
2. Pancake Breakfast August 27
3. Drive -In Movies— TBD
4. Young Eagles — June 3
FBO / Flight Training Reports —
i. Jet Air— Wolford stated that there hadn't been much going on, but that they
did have the large snow storm. He noted that this year was a year where
the snow was such that they didn't need to have other equipment to push
snow piles back. Wolford noted that he and Tharp were asking the
equipment division to research a brush attachment for the tractor. Wolford
noted that otherwise this was a slower time of year for operations. Bishop
asked about ice melt and Tharp and Wolford noted that they had a large
amount remaining.
Commission Members' Reports — Bishop noted that he and Clair would report
back once they had their meeting for fundraising. Tharp noted that Clair's term for
the Commission was expiring this summer and that the City would begin taking
applications in the near future.
Staff Report — Tharp noted that he would be out of the office for a day next week
for the IPAA Board of Directors and the IPAA legislative reception in Des Moines.
SET NEXT REGULAR MEETING
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 7 of 86
Airport Commission
March 9, 2023
Page 5 of 6
Members set the next regular meeting to be held on April 1311, with a special meeting on March
20th.
ADJOURN
Bishop moved to adjourn, seconded by Lawrence. Motion carried 5-0. Meeting adjourned at
6:50pm
CHAIRPERSON DATE
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 8 of 86
Airport Commission
March 9, 2023
Page 6 of 6
Airport Commission
ATTENDANCE RECORD
2022-2023
TERM
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W
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Warren
06/30/26
Bishop
X
X
X
X
X
X
O/S
X
X
X
X
X
X
X
X
Scott Clair
06/30/23
X
X
X
X
X
X
X/S
X
X
X
O/E
X
X
X
X
Christopher
06/30/25
X
X
O/E
X
X
X
O/S
X
O/E
X
X
X
X
O/E
X
Lawrence
Hellecktra
06/30/24
X
X
X
X
X
X
XIS
X
O/E
X
X
X
X
X
XIE
Orozco
Judy Pfohl
06/30/26
X
X
X
X
X
X
X/S
X
X
X
X
X
X
X
X
Kew:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
X/S = Present for subcommittee meeting
O/S = Absent, not a member of the subcommittee
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 9 of 86
MINUTES DRAFT
IOWA CITY AIRPORT COMMISSION
March 20, 2023 — 6:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Warren Bishop, Judy Pfohl, Hellecktra Orozco
Members Absent: Chris Lawrence, Scott Clair
Staff Present: Michael Tharp, Jennifer Schwickerath,
Others Present:
RECOMMENDATIONS TO COUNCIL:
None
DETERMINE QUORUM
A quorum was determined at 6:00 pm and Pfohl called the meeting to order.
ITEMS FOR DISCUSSION / ACTION
a. Hangar A Mural Project — Bishop stated that he and Clair had met with the
University Foundation CEO and discussed the setup of the fundraising committee
for the airport community fund. Bishop stated she had advised them of setting up a
committee of 10-15 people to oversee the fundraising. Bishop stated that he hoped
to have an item on the agenda for the next meeting to discuss more with the
Commission on the next steps
1. Consider a resolution approving contract with Jenna Brownlee
(A23-07) — Tharp stated this was deferred from the last meeting, and
that they had an agreement with the artist for the art mural. Bishop
moved the resolution #A23-07, seconded by Orozco. Motion
carried 3-0 (Lawrence, Clair Absent)
b. Airport Construction Projects:
i. FAA grant projects
1. Runway 12/30 Displaced Threshold/Relocation —
a. Public Hearing — Pfohl Opened the public hearing at
6:02pm. Tharp stated that this was the project that would
include creating a displaced threshold 500 foot from the
Runway 12 end, adding 300 feet of concrete to the Runway
30 end and remark and relight the runway. Tharp also stated
they had bid alternates for the REILs (runway end identifier
lights) and PAPIs (precision approach path indicator). No
other public comment. Pfohl closed the public hearing at
6:04pm
b. Consider a resolution approving plans, specifications, form of
contract for the Runway 12-30 threshold, paving, and lighting
work and placing bids. (A23-08) Bishop Moved the
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 10 of 86
Airport Commission
March 20, 2023
Page 2 of 3
resolution #A23-08, seconded by Orozco. Motion carried
3-0 (Lawrence, Clair Absent)
ADJOURN
Bishop moved to adjourn, seconded by Orozco. Motion carried 3-0 (Lawrence, Clair Absent).
Meeting adjourned at 6:09pm
CHAIRPERSON DATE
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 11 of 86
Airport Commission
March 20, 2023
Page 3 of 3
Airport Commission
ATTENDANCE RECORD
2022-2023
TERM
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Warren
06/30/26
Bishop
X
X
X
X
X
O/S
X
X
X
X
X
X
X
X
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Scott Clair
06/30/23
X
X
X
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X/S
X
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Christopher
06/30/25
X
O/E
X
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X
O/S
X
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X
X
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Lawrence
Hellecktra
06/30/24
X
X
X
X
X
XIS
X
O/E
X
X
X
X
X
XIE
X
Orozco
Judy Pfohl
06/30/26
X
X
X
X
X
X/S
X
X
X
X
X
X
X
X
X
Kew:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
X/S = Present for subcommittee meeting
O/S = Absent, not a member of the subcommittee
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 12 of 86
Lucas Farms Neighborhood Aviation History Highlights
Judy Nyren Neighborhood Historian (docnyren@aol.com)
10.12-13,1910 (IC Citizen & Republican) LF resident William Rickerby witnesses the first
flight in IC. Or did he? Capt. Baldwin was in the city with his "Red Devil" airship at the
fairgrounds. Rickerby lived at 811 Florence St.
7-10-11.1919 (IC Daily Press) Bremer's Clothing Company plans a spectacular promotional
display and hires a commercial plane to land in IC near Lower Muscatine Road on the Peter
Lentz farm. Mayor Swisher orders the bell at City Hall to ring 30 minutes before the aircraft
lands so that all citizens will have time to arrive and witness the landing. 3,000 people show up.
Peter Lentz farmland was in the area of Sycamore Mall and Lakeside Apts. (1918 Airport
established. why did the airplane land on farmland?)
WW1-1917-1918
(Oral history from his son, James Moffitt, McAllen TX.) Local folk legend and homebuilder
Howard F. Moffitt receives 2000 hours of flight training in a bi-plane in Riverside, California
"Army in the Air" but never sees active duty in Europe. He retains his pilot's license and serves
many years in the Civil Air Reserve including WW2. Moffitt later lived at corner of Marcy St. at
637 Kirkwood Ave.
(Extensive history online, books, and videos.) Donald Arthur Luscombe, grew up at 1101 Marcy
St. An ambulance driver in WWI France, recipient. of Croix De Guirre, first plane ride was in
France, came back to IC to finish education and start advertising business. eventually using
planes for promotion, then designing and building planes. Founder of Luscombe Aircraft.
J.V. Blackman- High ranking National Guard Unit- WWI veteran, later pilot. (Numerous DI
sources.)
4.) 1920's- Mayor of IC and resident of Lucas Farms at 739 Kirkwood Ave. J.J. Carroll welcomed
Will Rogers to the IC Airport in 1928. (DI 6-8-28) Great air carnival in IC -(DI 6-17-28) Airfield
funding, (DI 3-20-28.)
3-31-1936-Amelia Earhart speaks at the University of Iowa. (Daily Iowan 3-21-36) Over a
1,000 attend. In 1937, her visit here is remembered as she has gone missing in the South Pacific.
(DI 7-4-37. 12-29-37)
6.) 1940's-Navy Flight School established, multiple households in LF impacted. Many WW2 air
corps veterans lived in Lucas Farms, Byron Beeler, Kenneth Bennett, Robert Carney, Wayne
Lantz, William Stoner, Wayne Snider Bishop. Lloyd Cashman, 1210 Keokuk St. was in charge of
the local Civil Air Patrol. At least three Air Raid Drills in IC.
Post WW2- expansion of the airport and Iowa City Flying Service. Robert Jehle, 1024
Highland Ave. His son Harold, was one of youngest to fly solo at age 16. (DI 2-24-48 Photo)
Harold joined the family flight business, lived at 1301 Marcy St. for many years.
8.) Post-war- "Gas Hawks" model plane club, leadership and club meetings on Kirkwood Court.
Larry Conover, National Free Flight Society Hall of Fame.
9) The Airport Inn, managed by "Valiant"Viola Grapp and family. Keokuk St. 1217 Keokuk St
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Meeting Agenda & Info Packet
Meeting Date: April 13, 2023
Page 37 of 86
0
/ H S 'a IN
To: The Iowa City Airport Commission
Michael Tharp, Iowa City Municipal Airport Manager
From: Regenia Bailey
Re: April 13 strategic planning session
Date: March 29, 2023
At our session on April 13, we will review the strategies and success indicators that you drafted at your
meeting on February 9.
I have included the vision and mission statements, goals, and draft strategies and success indicators
below for your review.
I look forward to seeing you on April 13.
Vision Statement
The Iowa City Municipal Airport seeks to support the strategic goals of the City of Iowa City and is an
integral community asset that benefits the region's commerce, vitality, and community pride.
Mission Statement
The Iowa City Municipal Airport directed by the Airport Commission, provides a safe, cost-effective
general aviation facility. The Airport creates and enriches economic, educational, healthcare, cultural,
and recreational opportunities for the greater Iowa City community.
Goal 1
Continue strong communication and collaboration with the City Council, City Administration,
and other City Departments.
Strategies
• Continue work with the Public Art Committee on the hangar mural project.
• Present the Airport's adopted strategic plan to the City Council at a work session to enable more
discussion about the Airport and its plan.
• Participate in at least one City Council work session per year to ensure that City Council members
have current information about Airport projects and have the opportunity to ask questions about
the Airport.
• Invite City Department heads to Airport Commission meetings to become better informed about
Department priorities, upcoming projects, and opportunities for collaboration.
• Connect with City boards and commissions to become better informed about Department priorities,
upcoming projects, and opportunities for collaboration.
• Make sure all City Council members, City Administrators, and City Department Heads have toured
the Airport and are kept informed about the Airport's priorities and activities.
• Develop a six month communications action plan/schedule to ensure regular communications with
the City Council, City Administration, City Departments, and City boards and commissions.
Bailey Leadership Initiative, LLC � 319.321.138S -� rdb@baileyleadershipinitiative.com
Meeting Agenda & Info PaMRJu City Municipal Airport strategic planning info/page 2
Meeting Date: April 13, 2023 Page 38 of 86
Success Indicators
• Completion of the hangar mural project.
• Completion of collaborative projects with the Parks and Recreation Department.
• Presentation of the Airport's adopted strategic plan to the City Council.
• Presentation of an Airport annual report to the City Council.
Goal 2
Continue to develop funding mechanisms for airport operations, improvements, and
maintenance.
Strategies
• Explore private donations as a revenue source.
• Regularly examine fuel flowage fees; make adjustments as necessary.
• Explore building additional hangars.
• Build up the reserve fund.
• Regularly examine ways to maximize the Airport's assets.
• Identify grant funding sources and apply for federal, state, and private funding annually.
• Continue to advocate for General Aviation airports funding with local, state, and federal officials.
Success Indicators
• A balanced budget
• Expanded sources of revenue.
• A healthy reserve fund.
• Adequate grant funding to upgrade and maintain high quality facilities.
• Continued support from the City as a mechanism to receive grant funding.
Goal 3
Develop airport infrastructure to support growing airport uses.
Strategies
• Complete the terminal study.
• Complete the solar energy project study.
• Undertake capital projects to address the 1230 runway.
• Explore EV charging stations.
• Examine t-hangar infrastructure to consider necessary updates/additions.
Success Indicators
• Completion of projects included in the Airport's Master Plan.
• Completion of the terminal study.
• Completion of the apron projects.
• Completion of the second taxiway project.
• Completion of the solar energy project.
• Improved landscaping in the Airport's entry area and around the terminal building.
• New signs and an updated look to the Airport's entry drive.
• More hangar space.
• The Airport hangars are regularly painted.
• The Airport is accessible by trail/wide sidewalk.
Bailey Leadership Initiative, LLC � 319.321.138S -� rdb@baileyleadershipinitiative.com
Meeting Agenda & Info PaMRJu City Municipal Airport strategic planning info/page 3
Meeting Date: April 13, 2023 Page 39 of 86
Goal 4
Increase the community's use and understanding of the airport.
Strategies
• Leverage aviation activity to attract the public.
• Identify key partners and possible activities to involve the community in mural activities.
• Engage community members in providing financial support to the mural project.
• Actively participate and promote Fly Iowa activities.
• Actively participate and promote Young Eagles.
• Continue high school tours to students interested in aviation careers through Kirkwood Community
College (F130).
• Continue the partnership with Summer of the Arts.
• Continue regular community events.
Success Indicators
• Community participation in the mural project.
• A community event surrounding the mural completion.
• The Airport secures sufficient donors to support the mural project
Bailey Leadership Initiative, LLC � 319.321.138S -� rdb@baileyleadershipinitiative.com
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023
Page 40 of 86
Prepared by: Michael Tharp, Airport Manager, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
Resolution number
Resolution approving Work Order No. 10 with Bolton & Menk,
Inc. for professional services related to "terminal building and
gateway entrance" improvements.
Whereas, the Iowa City Airport Commission entered into a contract entitled "Master Agreement"
with Bolton & Menk, Inc. on February 22, 2019, to provide engineering services for Federal
Airport Improvement Program Projects; and
Whereas, Section 1 Paragraph B of said agreement provides that the parties may agree to
additional services as described in Work Orders; and
Whereas, the Iowa City Airport Commission and Bolton & Menk, Inc. have previously approved
Work Order No.s 1, 2, 3, 4, 5, 6, 7, 8 and 9; and
Whereas, the Commission and Bolton & Menk, Inc., now desire to enter into Work Order No. 10,
a copy of which is attached; and
Whereas, it is in the best interest of the Commission to enter into Work Order No. 10.
Now, Therefore, be it resolved by the Airport Commission of the City of Iowa City:
The Chairperson is authorized to sign and the Secretary to attest to the attached Work
Order No. 10.
Passed and approved this day of
Chairperson
Attest:
Secretary
It was moved by and seconded by
adopted, and upon roll call there were:
Ayes
Nays
2023.
Approved by
Q-,,,,,� i !acl� Oa.
City Att rney's Office
Absent
the Resolution be
Bishop
Clair
Lawrence
Orozco
Pfohl
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 41 of 86
Iowa City Municipal Airport March 2023
WORK ORDER # 10
TO
PROFESSIONAL SERVICES CONTRACT
AIP No 3-19-0047-036-2023
TERMINAL BUILDING AND GATEWAY ENTRANCE CONCEPT DEVELOPMENT
IOWA CITY MUNICIPAL AIRPORT
IOWA CITY, IOWA
BETWEEN: Iowa City Airport Commission (CLIENT)
AND: Bolton & Menk, Inc. (CONSULTANT)
EFFECTIVE DATE: December 28, 2022
RECITALS
1. Client operates the Iowa City Municipal Airport (FAA Identifier IOW) located in Iowa City, Iowa.
2. This is Work Order No. 10 to the Professional Services Contract, between Client and Bolton & Menk, Inc.
The Professional Master Services Contract effective February 21, 2019, is referred to herein as the
"Master Agreement," and is incorporated as if fully set forth herein.
AGREEMENT
DESCRIPTION
The CONSULTANT agrees to provide Terminal Building and Gateway Entrance Concept Development
Services for the Iowa City Municipal Airport (herein referred to as the Project).
TASK 1: TERMINAL BUILDING CONCEPT DEVELOPMENT
This work will be completed by Bolton & Menk, Inc and subconsultant M. Arthur Gensler Jr. & Associates,
Inc. ("Gensler"), hereafter referred to as "BMI Team".
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Meeting Agenda & Info Packet
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Iowa City Municipal Airport March 2023
A. PROJECT
A.1 Proiect Description. The project includes the study of redevelopment options of a 1950's-era terminal
facility designed by architect Henry L. Fisk located at the Iowa City Municipal Airport in Iowa City, IA (the
"Project"). While a recognizable building in Iowa City, it is our understanding the terminal is not an identified
historic structure that requires special coordination and/or approvals from the State Historic Preservation
Office of Iowa. The multipurpose terminal facility is owned by the City of Iowa City and operated by the Iowa
City Airport Commission. BMI Team shall provide four distinct studies/options for the terminal's
redevelopment and associated gateway entrance, considering the advantage and disadvantage of each option.
These four options are:
1. Do Nothing
2. Light touch renovation of the existing terminal facility
3. Heavy renovation and possible expansion of the existing terminal facility
4. Demolition and replacement of the existing terminal facility
The terminal should serve as an integral community asset that contributes to the region's economic vitality
and evokes community pride. Its preliminary program is assumed to support continued General Aviation
services and include the following:
Existing Areas
• Lobby
• Meeting room
• Airport management and operations offices
• Jet Air FBO terminal operations
• Redbird TD2 simulator space
Potential Area(s) to be Examined in Options 3 and 4 above
• Event venue with catering kitchen
During the Feasibility Study & Pre -Concept Design effort the compatibility of the program, budget, and building
size will be validated and/or reevaluated.
A.2 Proiect Budget. The Client will provide and BMI Team will review Airport Commission and staff overall
project and construction budget goals for the Project (the "Project Budget") prior to the commencement of
services. The Project Budget will include appropriate amounts for design and construction contingencies,
consistent with the nature of the Project. As part of this work's deliverable, BMI Team will provide a
Conceptual Opinion of Probable Costs prepared based on an appropriate cost/sq ft range. A Project
construction budget is not yet known.
A.3 Project Schedule. BMI Team will develop a Project Schedule ("Schedule") of important milestones for
Airport Commission and staff's review and approval. During design, BMI Team will monitor the Project for
conformance with the Schedule, and BMI Team will notify Client of any necessary changes in the Schedule.
This agreement assumes a 6 month duration after the notice to proceed.
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Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 43 of 86
Iowa City Municipal Airport March 2023
B. SCOPE OF SERVICES PROVIDED BY BMI TEAM
Client and BMI Team will each provide the names of their key Project team members, including the primary
contact person and the person authorized to make decisions. Meetings may be conducted by telephonic,
videoconference, or other remote means.
B.1 BASIC SERVICES
BMI Team's Basic Services include design consulting services for architectural design and interior space
planning. Bolton & Menk will provide the following supporting design services, if required for the Project:
civil engineering, landscape architecture, siting, environmental, site circulation, parking design, and 7460
consulting. BMI Team members will work cooperatively to provide backgrounds of architectural drawings to
team members, showing locations of architectural design elements that influence the layout of engineering
and other systems as required.
B.1.1 PHASE ONE —PRE-DESIGN
B.1.1.1 Project Start-up/Kickoff. Upon Client's authorization to proceed, key representatives of Client, City,
and BMI Team, as well as other appropriate consultants, will meet virtually to kick off the Project. The
purpose of the meeting is to establish the parties' mutual understanding of the Project objectives, Project
Schedule, Project Budget, and delivery process. The agenda may include the following
• Introduction of key team members, including each party's primary contact and the person
authorized to make decisions
• Discussion of Project performance targets
• Discussion of Schedule milestones, including process & durations
• Discussion of the process for establishing the Project Budget
• Review and discussion of existing site conditions and project priorities
• Discussion of communication protocols
• Identification of key personnel and protocols for invoicing and payment
• Discussion of LEED or other sustainability objectives
B.1.1.2 Airport User Survey. BMI Team will prepare a pilot, business, and user survey to be mailed to
registered aircraft owners, businesses, and identified users within the airport service area. This survey will
request information on how the terminal building and airport is currently being used and what additional
services or facility improvements should be offered. This will provide Airport Commission and staff's insights
on services it offers to users of the Iowa City Municipal Airport as well as use the operations analysis from
the existing Master Plan study, which includes future airside improvements. This will provide additional
insights on programing needs for the new terminal building.
The Client will provide BMI a list of existing and potential business users to survey and will provide addresses
and contact person for these businesses and any known general aviation users. The list should contain
known users of the airport and businesses who would use the airport if airport facilities were improved.
BMI will tabulate the results of the user survey and use this information to generate independent forecasts
for land side facility improvements.
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Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 44 of 86
Iowa City Municipal Airport March 2023
B.1.1.3 Programming, Program confirmation will occur concurrently with the kick-off meeting. BMI Team will
prepare a programming report (the "Program"), which will include a statement of overall Project objectives,
descriptions of Client's qualitative and quantitative Project requirements, and Client's budget objectives. BMI
Team will provide an electronic copy of the Program to summarize decisions agreed upon during the kick-off
meeting.
B.1.1.4 Existing Site Conditions. BMI Team will review record documentation provided by Client of the existing
site conditions. It is assumed that a digital survey and as -built drawings of the existing terminal are very
limited and/or not available. BMI Team may visit the Project site to verify reasonably observable conditions
and leverage other publicly available information (such as Google Earth) to establish a broad set of information
related to the existing terminal. Client acknowledges that demolition can reveal pre-existing, hidden
conditions, which may require Additional Services and/or modifications to the Project Budget and/or Schedule.
This task item will include evaluation of the existing terminal for re -use, including, but not limited to, the
following areas:
• Structural (Potential for Added Structural Loads) includes the following:
o A single site visit to visually assess the structural condition of the visible portions of the
building.
o Review of the existing drawings available
o Internal coordination meetings
o Participation in the Design Discovery meeting
o Evaluation and feedback of the proposed architectural concepts
• Building Envelope (Requirements for Long Term Viability if Renovated)
• Mechanical / Electrical (Needed Updates for Long Term Viability and Meeting Current Code
Requirements)
• Environmental considerations of changes to existing building (i.e. —asbestos)
• Historical considerations relating to changes to or demolition of existing terminal includes the
following:
o Federal regulations regarding cultural resources: National Historic Preservation Act (1966)
Section 106 and implementing regulations at 36CFR 800 - applicable where there is Federal
involvement — anticipated to apply
o Project Description The project includes the study of redevelopment options of a 1950's-era
terminal facility designed by architect Henry L. Fisk located at the Iowa City Municipal Airport
in Iowa City, IA (the "Project"). The terminal facility has been determined eligible for listing on
the National Register. For this reason special consideration must be given to any changes to
the building and must follow the Section 106 process for historic properties for an
undertaking to minimize, mitigate or avoid potential effects.
o Task 1. Basic Services This task will pertain to any questions the team might have for the
cultural resources expert regarding how to approach the historic property or to give guidance
to the team regarding the Section 106 process. This task may also include coordination with
interested parties, including the State Historic Preservation Office and potentially the Iowa
City Heritage Preservation Commission.
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Meeting Date: April 13, 2023 Page 45 of 86
Iowa City Municipal Airport March 2023
o Task 2. Review existing documents: Secretary of the Interior qualified architectural historian
will review the existing documents to verify the eligibility of the terminal facility and its
character defining features to assist designers during the design process.
o Task 3. Review design options Secretary of the Interior qualified architectural historian will
review the options for design and provide a recommendation of potential effects to the
historic property. This review may also provide recommendations for minimizing or avoiding
any potential adverse effects, if any. This information will be provided in a memo that will be
supplied to the federal agency for their, review, concurrence, and determination of project
effects in their consultation with the State Historic Preservation Office (if needed).
o Please note the above does not include mitigation for an adverse effect if the design is
determined to have such an effect. This scope will need to be developed separately.
Also included in this task will be evaluation of adjacent buildings to the terminal for aesthetics and potential
improvements to complement an updated terminal building. This task will not include specific design of
improvements, but only a basic evaluation.
B.1.1.5 Design Discovery. BMI Team will participate in one, in -person three-hour collaborative design
discovery meeting with key Airport Commission and staff representatives required to make design decisions
(including consultants). As appropriate for the Project, the objectives of the meeting may include the
following:
• Program Review/Adjustment. Review the Program, Project site, existing conditions, Project Budget
and Project Schedule, and obtain Client's direction regarding any adjustments to the Program and
any other Project parameters.
• Design Purpose. Articulate and review Airport Commission and staffs strategic goals for the Project
and refine the Project's design purpose.
• Design Experience. Review basic aesthetic design precedents to evaluate aesthetic possibilities and
obtain Client's direction regarding the Project's design aesthetic.
BMI Team will prepare minutes documenting any Program adjustments, design direction, and issues which the
parties may agree to address at a later stage. BMI Team will issue such minutes to the Client for review and
approval. Client may request or BMI Team may recommend further or separate design discovery meetings
or other services as Additional Services.
6.1.2 PHASE TWO —PRE-CONCEPT DESIGN
Phase Two services will commence when Airport Commission and staff have confirmed the Program and other
initial information established in Phase One and directed BMI Team to proceed accordingly.
B.1.2.1 Feasibility Study & Pre -Concept Design. Based on the approved Program, BMI Team will study four
distinct options as outlined in Section A. Design diagrams and massing models that depict the preliminary,
basic design concepts will be developed including:
• Conceptual floor plans illustrating program requirements and established adjacencies
• Architectural narrative describing primary building systems and potential interior/exterior materials
• Digital visualizations illustrating potential architectural character of the proposed facility
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Meeting Agenda & Info Packet
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Iowa City Municipal Airport March 2023
• Digital visualizations illustrating potential character of new monument sign at Airport Entrance/
Riverside Drive (in collaboration with Task 2 Gateway Entrance)
• Input on conceptual site plan (led by Bolton & Menk) illustrating proposed building siting and
associated parking/site improvements
• Conceptual Opinion of Probable Costs associated with the proposed design, based on appropriate
cost/sq ft ranges
BMI Team will provide the Feasibility Study & Pre -Concept Documents in PDF format, meet with the Airport
Commission and staff virtually to review the material, and present the design to the appropriate stakeholders.
B.1.2.2 Feasibility Study & Pre -Concept Design Final Report. BMI Team will create a Final Report summarizing
the overall study and pre -concept design effort and identifying one revised concept which will serve as the
preferred option.
B.2 PUBLIC OUTREACH
We understand that it is our charge to turn needs and goals into program, and to transform that program into
space. The BMI Team will assist the Airport Commission and staff in fostering an enhanced dialogue with the
community to foster an open dialogue and build both relationships and consensus across a range of
stakeholder groups.
B.2.1.1 Community Visioning Session. A public Visioning Session can be a useful exercise in building consensus
with the community and finalizing the Terminal Redevelopment program and aesthetic direction. The team
envisions one (1) visioning meeting that would include approximately two-hour workshop at the existing
terminal facility or other location to be identified that will bring together stakeholder groups and individuals
who have not yet been involved in the process. BMI Team will facilitate the workshop, in which the draft
program elements will be presented to the stakeholders and community for discussion (note: this Visioning
Session would take place in commencement with Phase Two — Pre -Concept Design). The format of the
workshop may include, but is not limited to: brief presentations by Airport Commission and staff and the BMI
Team, visioning exercises conducted in small groups, breakout sessions to discuss specific issues, and a period
for reporting back to the larger group on the results of the visioning exercises and small group discussions.
BMI Team anticipates that the Airport Commission and staff will take the lead in finding an appropriate venue
for the workshop.
Following the Visioning Session workshop, BMI Team will convene with Airport Commission staff virtually to
review the overall findings of the workshop, and to reconcile/revise the draft program in accordance with
feedback received from stakeholders and individuals. Deliverables may include:
• Program Presentation (PowerPoint or other Digital Format)
• Facilitation/Visioning Exercise Materials (Posters, Banners, etc.)
• Handouts/Questionnaires/Surveys
• Summary Document of Visioning Workshop
• Final Program (may be included in Summary Document)
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Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 47 of 86
Iowa City Municipal Airport March 2023
3.2.1.2 Pre -Concept Options Community Share -Out. In order to gauge the community's reactions to the four
pre -concept options and the preferred option, a second public workshop will be held. BMI Team will facilitate
the workshop to engage the wider stakeholder and community audience that participated in the earlier -
completed Visioning Session. It is anticipated that the workshop will follow a similar format, with brief
presentations of the pre -concepts, and small group exercises intended to identify a preferred option, or
preferred elements of the options. Again, BMI Team anticipates that Airport Commission and staff will take
the lead in finding an appropriate venue for the Community Share -Out.
Following the Community Share -Out, the team will convene with Airport Commission staff virtually to review
the overall findings of the workshop, and to align the Airport Commission and staff's goals with the feedback
received from stakeholders and individuals.
3.2.1.3 On -Going Communication and Feedback. Communication is an ongoing process and a major
component of any airport project. Successful communication includes open dialogue between airport staff,
Iowa City Airport Commission, airport users, the public, and the consultant. The BMI Team will set up
opportunities in order to receive from and communicate to stakeholders and general public in the following
areas.
• Social media such as YouTube, Facebook, and Twitter
• Develop a customized web page for this study which allows the public to receive updates and
provide feedback throughout the planning process
3.2.1.4 Additional Community Meetings. (Optional service). Often times it is necessary to follow up with
stakeholders and the general public based on input and response at the Visioning Session and/or at the
Community Share -Out. Additional meetings will be available at an additional cost of approximately $5,500 per
meeting.
3.2.1.5 High -quality Renderings. (Optional service). CGI inspirational renderings to illustrate the project ideas
and design can be provided upon Airport Commission and staff request. Each high -quality rendering is an
additional cost of approximately $3,800 per view.
TASK 2: GATEWAY ENTRANCE CONCEPT DEVELOPMENT
A. Client/Stakeholder kickoff meeting
Conduct one kickoff meeting with the Client and any stakeholders recommended by the client to set
goals and objectives for the project. The meeting shall be done in conjunction with architectural
conceptual design. Feedback from this meeting will be used to develop the initial preliminary
concepts.
Deliverables: Meeting minutes
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Iowa City Municipal Airport March 2023
B. Development of preliminary concepts
Based on feedback from the initial kick off meeting and from architectural conceptual sketches,
Bolton & Menk shall develop four preliminary concepts that will take into account the various
building forms developed by the architect. Preliminary concepts shall have a variety of treatment
levels and will have a conceptual level of construction costs associated with each concept. The
intent is to showcase pedestrian and vehicular connections; develop wayfinding, placemaking and
signage; and create an overall theme for each concept.
Deliverables: Four plan view concepts, associated imagery vignettes, and conceptual level cost
estimates for each plan
C. Client meeting to review preliminary concepts
Bolton & Menk will facilitate a client meeting to review preliminary concepts and gather ideas and
elements for the refined concept.
Deliverables: Meeting minutes
D. Develop one refined concept and cost estimate for inclusion in grant submittal
Based on feedback from the client review of preliminary concepts, a refined concept shall be
developed which will include a full color plan rendering, character imagery, and a refined conceptual
cost estimate.
Deliverables: Full color plan rendering, refined conceptual cost estimate
TASK 3: ENVIRONMENTAL REVIEW
A. Environmental Review, CATEX
CONSULTANT will prepare a proposed actions graphic and Categorical Exclusion (CATEX) Checklist
Form based upon FAA Orders 1050.1E and 5050.4B for the Project. CATEX Long Form (PPM 5050.20
Appendix C) will be prepared along with supporting research, analysis and documentation as
required by the Federal Aviation Administration (FAA) for proposed Federal action. The following
environmental impact categories will be evaluated during development of the CATEX:
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Iowa City Municipal Airport March 2023
Environmental Resource Area Review for Potential Effects and Impact
a.
Air Quality
m.
Floodplains
b.
Archaeological
n.
Hazardous Materials
c.
Biotic Communities
o.
Historic
d.
Coastal Resources
p.
Light Emissions
e.
Compatible Land Use
q.
Natural Resources
f.
Construction Impacts
r.
Noise Levels
g.
Endangered Species
s.
Parks, Public Lands, Refuges and
h.
Energy Supply and Natural
Recreational Resources
Resources
t.
Surface Transportation
i.
Environmental Justice
u.
Water Quality
j.
Essential Fish Habitat
v.
Wetlands
k.
Farmland
w.
Wild and Scenic Rivers
I.
Migratory Bird Treaty Act
Other Required Environmental Considerations:
a. Connected Actions
b. Cumulative Actions
C. Cumulative Impacts
d. Environmental Laws
e. Highly Controversial
f. Community Disruption
g. Relocation Housing
h. Social Impact
i. Similar Actions
Completion of the CATEX research, analysis, and documentation outlined in this agreement does not
guarantee FAA environmental approval of the proposed project. Any additional environmental work
requested (i.e. additional field reviews, consultation, preparation of EA will be considered additional
work beyond the scope of this agreement.
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Iowa City Municipal Airport
Page 50 of 86
March 2023
TASK 4: PREPARE GRANT APPLICATION AND GRANT CLOSEOUT
A. Prepare Grant Application
The Application may be prepared after the project design has been completed and the bids
accepted or the FAA may require the Application to be completed early during the design phase.
Preparation of the Application will include the following:
o Prepare Federal Grant Preapplication Checklist
o SF-424
o Prepare FAA Form 5100-100 including Program Narrative, discussing the Purpose and Need
of the Work and the Method of Accomplishment
o Sponsor Certification (total of six)
The Consultant will submit the Application to the Sponsor for approval and signatures. After
obtaining the necessary signatures, the Sponsor will forward the signed Application to the FAA
for further processing.
B. Project Closeout
Prepare one (1) FAA long -form grant closeout report for the grant to cover the projects identified in
this scope of services. The closeout report elements include a project summary, final certifications,
summary of grant payments, and outlay report. This work includes research to determine final
project costs, preparation of the report, coordination with the Airport, State, and FAA -ADO for
review, and preparation of final documents for Airport approval.
I.B. ADDITIONAL SERVICES
Consulting services performed other than those authorized under Section I.A. shall not be considered part of
the Basic Services and may be authorized by the Sponsor as Additional Services. Additional Services consist
of those services, which are not generally considered to be Basic Services; or exceed the requirements of the
Basic Services; or are not definable prior to the commencement of the project; or vary depending on the
technique, procedures or schedule of the project contractor. Additional services may consist of the
fallowing:
1. Additions to the project outside of this scope.
2. Additional building investigation required for the Project.
3. Additional field investigation required beyond those specified.
4. Completion of additional special studies not identified in Section LA and I.B.
5. Periodic completion of grant reimbursement requests (i.e. Credit Applications).
6. Attendance of additional meetings beyond those identified in the above scope.
7. All other services not specifically identified in Section I.A.
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Iowa City Municipal Airport March 2023
I.C. COMPENSATION
Compensation to BMI Team for Basic Services, Additional Services, and Reimbursable Expenses will be as
described below. When BMI Team's compensation is based on hourly rates, the rates will be those set forth in
BMI Team's Standard Hourly Billing Rates.
C.1 Basic Services. Compensation for Basic Services will be the lump sum shown in Section I.D.
C.2 Additional Services. Compensation for Additional Services (if not agreed upon as a lump sum amount) will
be based on BMI Team's Standard Hourly Billing Rates.
C.3 Reimbursable Expenses. Reimbursable Expenses included in the Lump Sum fee are based on trips and
reproductions defined above and include the following:
a. Reproduction, shipping, handling, and delivery. $0.00
b. Mileage, tolls, cab fares, and parking. $0.00
c. Authorized out-of-town travel, including travel time and reasonable living expenses. $4,390.00 (4
individual trips)
For additions to scope of work as noted in 1.13, Additional Services", in addition to compensation for Basic and
Additional Services, include expenses incurred by BMI Team and BMI Team's consultants in the interest of the
Project, including, but not limited to the following:
d. Renderings, models, mock-ups, and photography.
e. Sales taxes and other transactional taxes, and fees paid for securing approval of authorities having
jurisdiction over the Project.
f. Additional insurance coverage or limits requested by Client in excess of that normally provided by BMI
Team and Gensler's consultants.
Compensation for Reimbursable Expenses incurred by BMI Team in connection with the Project, including
without limitation, reproduction costs for providing additional copies of deliverables described in Section B.1,
will be based on amounts invoiced to BMI Team, plus fifteen percent (15%). Reimbursable expenses for work
beyond those defined as included in Basic Services will be completed at cost plus as stated herein.
CA Consultants. There are currently no additional Consultants included in the scope of the project.
Should their input be required or requested, Consultants' fees will be compensated based on amounts
invoiced to BMI Team, plus ten percent (10%).
C.5 Progress Payments. Progress payments will be made monthly. Where BMI Team's fee is based on a
lump sum, progress payments for Basic Services will be based on the percentage of services provided during
the previous month.
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Meeting Date: April 13, 2023
Iowa City Municipal Airport
Page 52 of 86
March 2023
I.D. CONSIDERATION
The services described above in Section I.A. BASIC SERVICES shall be provided as follows:
TASK Estimated Fee Method of Compensation
B.1 Terminal Building Concept Development $ 95,570.00 Lump Sum
B.2 Public Outreach $ 50,020.00 Lump Sum
2. Gateway Entrance Concept Development
3. Environmental Review
4. Prepare Grant Application and Grant Closeout
Architectural Travel Exoenses
TOTAL AUTHORIZED FEE
Estimated Federal Share BIL Funds (90%)
Estimated Local Share (10%)
$ 28,180.00 Lump Sum
$ 12,150.00 Lump Sum
$ %640.00 Lump Sum
$ 4,440.00
$ 200,000.00
$ 180,000.00
$ 20,000.00
Lump Sum
Lump Sum
The Lump Sum fee does not include reimbursable expenses, except as defined above as included in Basic
Services. Progress payments shall be made in accordance with Section III of the Master Agreement.
The consulting services authorized under Section I.A. will be performed under the following schedule or as
authorized by the CLIENT as the BASIC SERVICES proceed. See attached schedule for more details.
TASK
SERVICE DESCRIPTION
DATE
1
Terminal Building Concept Development
March 2023—September 2023
2
Gateway Entrance Concept Development
March 2023 —September 2023
3
Grant Application and Closeout
November 2023
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Iowa City Municipal Airport
Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 53 of 86
March 2023
US
Attest:
Iowa City Airport Commission
Judith Pfohl, Chair
Iowa City Airport Commission
Date
City Attorney's Office Date
Attachments:
Exhibit I — Project Fee Breakdown
Bolton & Menk, Inc.
By: 3/22/2023
Ronald A. Roetze , P.E. Date
Aviation Services Manager
Exhibit II —Airport Terminal and Entrance Road —Study Area
Exhibit III — Federal Provisions
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Meeting Agenda & Info Packet
hkelina 4jtD:lAoril If 12023 Page 56 of 86
FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS
ALL REFERENCES MADE HEREIN TO "CONTRACTOR", `PRIME CONTRACTOR",
"BIDDER", `OFFEROR', AND "APPLICANT" SHALL PERTAIN TO THE
ARCHITECT/ENGINEER (A/E).
ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR", "SUB -TIER CONTRACTOR'S
OR "LOWER TIER CONTRACTOR" SHALL PERTAIN TO ANY SUBCONSULTANT UNDER
CONTRACT WITH THE A/E.
ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO
THE STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING
CONTRACTS WITH THE A/E.
PROVISIONS APPLICABLE TO ALL CONTRACTS
ACCESS TO RECORDS AND REPORTS
Reference: 2 CFR § 200.334
2 CFR § 200.337
FAA Order 5100.38
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide
the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any
of their duly authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and
reports required under this contract for a period of not less than three years after final payment is made
and all pending matters are closed.
CIVIL RIGHTS — GENERAL
Reference: 49 USC § 47123
In all its activities within the scope of its airport program, the Contractor agrees to comply with
pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent
Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color,
national origin (including limited English proficiency), creed, sex (including sexual orientation and gender
identity), age, or disability be excluded from participating in any activity conducted with or benefiting
from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
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CIVIL RIGHTS —TITLE VI ASSURANCES
Reference: 49 USC § 47123
FAA Order 1400.11
Title VI Solicitation Notice
The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it
will affirmatively ensure that for any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and no businesses will be discriminated against on the grounds of race,
color, national origin (including limited English proficiency), creed, sex (including sexual orientation
and gender identity), age, or disability in consideration for an award.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -Assisted programs of the Department of
Transportation —Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §
4601) (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of
Disability in Programs or Activities Receiving Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 etseq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or
not);
Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities) as
implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
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• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations (ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.
Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681, et sec).
Nondiscrimination Requirements /Title VI Clauses for Compliance
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "Contractor") agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply
with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be
amended from time to time, which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, national origin (including limited
English proficiency), creed, sex (including sexual orientation and gender identity), age, or
disability in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The Contractor will not participate directly or indirectly in the
discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment
practices when the contract covers any activity, project, or program set forth in Appendix B of
49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the Contractor of the contractor's
obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds
of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will 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 to be pertinent to ascertain compliance
with such Nondiscrimination Acts and Authorities and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish
the information, the Contractor will so certify to the Sponsor or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
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5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it
or the Federal Aviation Administration may determine to be appropriate, including, but not
limited to:
a. Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The
Contractor will take action with respect to any subcontract or procurement as the Sponsor or
the Federal Aviation Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the Sponsor to enter into any litigation to protect the interests of the
Sponsor. In addition, the Contractor may request the United States to enter into the litigation to
protect the interests of the United States.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT
Reference: 2 CFR § 200, Appendix II(K)
2CFR §200.216
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use
and procurement of certain telecommunications and video surveillance services or equipment in
compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
Reference: 29 USC § 201, et seq
2 CFR § 200.430
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions
of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as
if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor
standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or regulation.
The Contractor must address any claims or disputes that arise from this requirement directly with the
U.S. Department of Labor —Wage and Hour Division.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Reference: 20 CFR Part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer
must provide a work environment that is free from recognized hazards that may cause death or serious
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physical harm to the employee. The employer retains full responsibility to monitor its compliance and
their subcontractor's compliance with the applicable requirements of the Occupational Safety and
Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain
to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and
Health Administration.
RIGHT TO INVENTIONS
Reference: 2 CFR Part 200, Appendix II(F)
37 CFR Part 401
Contracts or agreements that include the performance of experimental, developmental, or research
work must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small
Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract
incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14.
Contractor must include this requirement in all sub -tier contracts involving experimental,
developmental, or research work.
SEISMIC SAFETY
Reference: 49 CFR Part 41
In the performance of design services, the Consultant agrees to furnish a building design and associated
construction specification that conform to a building code standard that provides a level of seismic
safety substantially equivalent to standards as established by the National Earthquake Hazards
Reduction Program (NEHRP). Local building codes that model their building code after the current
version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At
the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of
compliance' that attests conformance of the building design and the construction specifications with
the seismic standards of NEHRP or an equivalent building code.
TAX DELINQUENCY AND FELONY CONVICTIONS
Reference: Section 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and
similar provisions in subsequent appropriations acts
DOT Order 4200.6 —Appropriations Act Requirements for Procurement and Non -
Procurement Regarding Tax Delinquency and Felony Convictions
The Contractor certifies:
1) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted, or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability.
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2) It is not a corporation that was convicted of a criminal violation under any Federal law within
the preceding 24 months. A felony conviction is a conviction within the preceding twenty four
(24) months of a felony criminal violation under any Federal law and includes conviction of an
offense defined in a section of the U.S. code that specifically classifies the offense as a felony
and conviction of an offense that is classified as a felony under 18 USC § 3559.
The Contractor agrees to incorporate the above certification in all lower tier subcontracts.
TRADE RESTRICTION CERTIFICATION
Reference: 49 USC § 50104
49 CFR Part 30
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror:
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 as published by the Office of the United States Trade
Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against U.S.
firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S. firms
published by the USTR.
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 USC § 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with
49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the
list of countries that discriminate against U,S. firms published by the USTR; or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
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 a contractor is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
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Meeting Agenda & Info Packet
Meeting Date: April 13, 2023 Page 62 of 86
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in all lower tier subcontracts. The Contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on
the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of
the contract or subcontract for default at no cost to the Owner or the FAA.
VETERAN'S PREFERENCE
Reference: 49 USC § 47112(c)
In the employment of labor (excluding executive, administrative, and supervisory positions), the
Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title
49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf
veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by
15 USC § 632) owned and controlled by disabled veterans. This preference only applies when there are
covered veterans readily available and qualified to perform the work to which the employment relates.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING$10,000
DISTRACTED DRIVING
Reference: Executive Order13513
DOT Order 3902.10
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the
Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce
safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while
driving when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for
its employees and other work personnel that decrease crashes by distracted drivers, including policies
that ban text messaging while driving motor vehicles while performing work activities associated with
the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding
$10,000 that involve driving a motor vehicle in performance of work activities associated with the
project.
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EQUAL EMPLOYMENT OPPORTUNITY (EEO)
Reference: 2 CFR Part 200, Appendix II(C)
41 CFR § 60-1.4
41 CFR § 60-4.3
Executive Order 11246
Equal Opportunity Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor
will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, sexual orientation,
gender identify, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff,
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by
the agency contracting officer, advising the labor union or workers' representative of the
Contractor's commitments under this section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any such rules, regulations, or orders, this contract may be canceled,
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terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take such
action with respect to any subcontract or purchase order as may be directed by the Secretary of
Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event the contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
PROHIBITION OF SEGREGATED FACILITIES
Reference: 2 CFR Part 200, Appendix II(C)
41 CFR Part 60-1
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control where segregated facilities are
maintained. The Contractor agrees that a breach of this clause is a violation of the Equal
Employment Opportunity clause in this contract.
(b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and
wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation,
and housing facilities provided for employees that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national
origin because of written or oral policies or employee custom. The term does not include separate
or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy
between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to
the Equal Employment Opportunity clause of this contract.
TERMINATION OF CONTRACT
Reference: 2 CFR Part 200, Appendix II(B)
FAA Advisory Circular 150/5370-10, Section 80-09
Termination for Convenience (Professional Services)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience
and without cause or default on the part of Consultant. Upon receipt of the notice of termination,
except as explicitly directed by the Owner, the Contractor must immediately discontinue all services
affected.
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Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys,
models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this contract, whether complete or
partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation will
not include anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination for Cause (Professional Services)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations
that are essential to the completion of the work per the terms and conditions of the Agreement. The
party initiating the termination action must allow the breaching party an opportunity to dispute or
cure the breach.
The terminating party must provide the breaching party seven (7) days advance written notice of its
intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the
conditions necessary to cure the breach, and the effective date of the termination action. The rights
and remedies in this clause are in addition to any other rights and remedies provided by law or
under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part,
for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved
extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant
must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps,
photographs, estimates, summaries, and other documents and materials prepared by the Engineer
under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation will
not include anticipated profit on non -performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in
default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner
issued the termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement for cause in whole or
in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
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3. Suspends the project for more than one hundred eighty (180) days due to reasons beyond
the control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with
Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If
Owner and Consultant cannot reach mutual agreement on the termination settlement, the
Consultant may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the Owner's breach of the contract.
In the event of termination due to Owner breach, the Consultant is entitled to invoice Owner and to
receive full payment for all services performed or furnished in accordance with this Agreement and
all justified reimbursable expenses incurred by the Consultant through the effective date of
termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents
that are incomplete as a result of the termination action under this clause.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING$25,000
DEBARMENT AND SUSPENSION
Reference: 2 CFR Part 180 (Subpart B)
2 CFR Part 200, Appendix II(H)
2 CFR Part 1200
DOT Order 4200.5
Executive Orders 12549 and 12699
Certification of Offeror/Bidder Regarding Debarment
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor
its principals are presently debarred or suspended by any Federal department or agency from
participation in this transaction.
Certification of Lower Tier Contractors Regarding Debarment
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a
"covered transaction", must confirm each lower tier participant of a "covered transaction" under
the project is not presently debarred or otherwise disqualified from participation in this federally -
assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: htto://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose
to a higher tier participant that it was excluded or disqualified at the time it entered the covered
transaction, the FAA may pursue any available remedies, including suspension and debarment of the
non -compliant participant.
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PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
Reference: 2 CFR Part 200, Appendix II(E)
2 CFR § 5.5(b)
40 USC § 3702
40 USC § 3704
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic,
including watchmen and guards, in any workweek in which he or she is employed on such work to work
in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the
sum of $29 for each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under any
such contract or any other Federal contract with the same prime contractor, or any other federally -
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)
through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
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LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
Reference: 31 USC § 1352 — Byrd Anti -Lobbying Amendment
2 CFR Part 200, Appendix II(I)
49 CFR Part 20, Appendix A
Certification Regarding Lobbying
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(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 this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000
CLEAN AIR AND WATER POLLUTION CONTROL
References: 2 CFR Part 200, Appendix II(G)
42 USC § 7401, et seq
33 USC § 1251, et seq
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to
the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 USC §§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon
discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA)
and the Federal Aviation Administration.
The Contractor must include this requirement in all subcontracts that exceed $150,000.
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PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING 5250.000
BREACH OF CONTRACT TERMS
Reference: 2 CFR § 200 Appendix II(A)
Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may
result in the suspension or termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement.
Owner will provide Contractor written notice that describes the nature of the breach and corrective
actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves
the right to withhold payments to Contractor until such time the Contractor corrects the breach or the
Owner elects to terminate the contract. The Owner's notice will identify a specific date by which the
Contractor must correct the breach. Owner may proceed with termination of the contract if the
Contractor fails to correct the breach by the deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies
otherwise imposed or available by law.
DISADVANTAGED BUSINESS ENTERPRISE
Reference: 49 CFR Part 26
Prime Contracts (Contracts Covered bV a DBE Program)
Contract Assurance (49 CFR 6 26.
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The Contractor shall carry out applicable
requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure
by the Contractor to carry out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as the recipient deems appropriate,
which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non -responsible.
Prompt Payment (49 CFR § 26.29)
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than thirty (30) calendar days from the receipt of each payment
the prime contractor receives from Owner. The prime contractor agrees further to return retainage
payments to each subcontractor within thirty (30) calendar days after the subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the Owner. This clause applies to
both DBE and non -DBE subcontractors.
Page 14 of 14 Updated January 20, 2023
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