Loading...
HomeMy WebLinkAboutR-2017-013 Snow Removal Equipment Design and Construction Administration Agreement with HLA Engineering and Land Surveying, Inc 3-53-0089-38&39A RESOLUTION RESOLUTION NO. R-2017-013 authorizing an Engineering Services Agreement with HLA Engineering and Land Surveying, Inc., in an amount not to exceed $49,108.36 to provide Engineering Services concerning design and construction administration for Snow Removal Equipment at the Yakima Air Terminal -McAllister Field WHEREAS, City owns and operates Yakima Air Terminal in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City maintains a roster of specialized consultants whose statements of qualifications represent that they have the expertise necessary to perform the services required by the City; and WHEREAS, the State of Washington requires these services to be performed by a professional licensed engineer; and WHEREAS, the Yakima Air Terminal is a Federal Aviation Administration Part 139 certificated airport, and is required to maintain a Snow and Ice Control Plan that includes Snow Removal Equipment to efficiently and effectively remove snow from runways, taxiways, and aprons; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an Engineering Services Agreement, attached hereto and incorporated herein by this reference, with HLA Engineering and Land Surveying, Inc for design and construction administration for Snow Removal Equipment (Carrier Vehicle and Snow Blower). Design and construction administration will include assisting airport administration in submitting a grant application, designing snow removal equipment in accordance with applicable Federal Aviation Administration - Advisory Circulars, providing construction administration during the receipt and testing of equipment, and assist airport administration with grant closeout processes; and WHEREAS, the Yakima Air Terminal has coordinated with the Federal Aviation Administration through the airport's Capital Improvement Plan to utilize approximately 90% of Federal Entitlements in the form of a grant, and approximately 10% as a local match under the Passenger Facility Charge program to fund the work identified in the Engineering Services Agreement for construction administration and acquisition of Snow Removal Equipment; and WHEREAS, the engineer will perform the services outlined in the Engineering Services Agreement during the 2017-2018 calendar year; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Engineering Services Agreement with HLA Engineering and Land Surveying, Inc. the amount not to exceed forty-nine thousand and one hundred eight dollars and thirty-six cents ($49,108.36), to provide engineering services for design and acquisition of airport Snow Removal Equipment. ADOPTED BY THE CITY COUNCIL this 7th dqy of February, 2017. A-, EST: K 1k1 Sony- laar Tee, Citji II) Carmen Mendez, Mayorro Tem ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION PROJECTS UNDER AIRPORT IMPROVEMENT PROGRAM Snow Blower and Carrier Vehicle Procurement AIP Project No. 3-53-0089-39 f-11 This Agreement, made this 0 day of !--e—bt t.Aiu, , 2017, by and between Yakima Air Terminal, 2406 West Washington Avenue, Suite B, Ya ma, Washington 98903, hereinafter called the "OWNER" and HLA Engineering and Land Surveying, Inc. (HLA), 2803 River Road, Yakima, Washington 98902, hereinafter called the "ENGINEER." WITNESSETH, that the OWNER intends to improve the Yakima Air Terminal at Yakima, Washington, consisting of the following items: 1. Procurement of one (1) Snow Blower and Carrier Vehicle. I. EMPLOYMENT OF ENGINEER The OWNER hereby employs the ENGINEER and the ENGINEER accepts and agrees to perform the following services for the Project during the 2017 calendar year. A. PROJECT FORMULATION The ENGINEER shall provide the following services under this work phase. 1. Coordinate with the FAA project manager regarding level and extent of the requirements within the predesign checklist and conduct the predesign conference. 2. Assist OWNER with coordination of available FAA funding. 3. Assist the OWNER with preparation of an AIP Grant Application for the purchase of Snow Removal Equipment. 4. Identify existing technical data and procure SAE standard specifications for the Snow Blower and Carrier Vehicle. Procurement of Multi -tasking Equipment defined by the Federal Aviation Administration (FAA) Advisory Circulars (AC) is not anticipated. B ENGINEERING SERVICES 1. Prepare Contract Documents and technical specifications to procure one snow blower and carrier vehicle using SAE specifications, AC 150/5370-1OG dated July 21, 2015, and AC 150/5220-20A dated September 24, 2014, as the basis of the technical specifications. Include FAA special conditions in Contract Documents. 2. Prepare cost estimate and schedule, and provide to the OWNER and FAA. G:\Contracts & Task Orders\Yakima Air Terminal Q017-01-18 Snow Removal Engineering Services Agreement.doc Page 1 3. Conduct in-house quality control review. 4. Prepare Design Report for Equipment using guidance 2013-04 dated December 26, 2012. The following specific items will be included and will follow guidance provided in AC 150/5200-30C and AC 150/5220-20A: a. Use existing inventory list developed under AIP 3-53-0089-38. b. Use the Priority 1 pavement areas determined under AIP 3-53-0089-38 as the basis for the equipment calculator. c. Prepare analysis to justify equipment size and amount of snow removal equipment using AC 150/5220-20A. 5. Submit preliminary Contract Documents to the OWNER and FAA for review. 6. Incorporate OWNER and FAA comments into bid documents. 7. Submit 60 percent level documents for FAA and OWNER review. Participate in conference calls to review and address comments. (8 Hours) 8. Incorporate OWNER comments into bid documents for submission to FAA. 9. Incorporate FAA comments into bid documents. 10. Prepare ENGINEER's estimate. 11. Conduct in-house quality control review. 12. Submit final documents to the OWNER and FAA for review and approval. 13. Assist with Sponsor Certifications. 14. Assist with requests for reimbursement. C. BIDDING 1. Assure approval from the FAA and OWNER prior to soliciting bids. 2. Assist the OWNER with readiness to advertise for bids and attend one (1) meeting with airport representatives to set bid dates. 3. Coordinate and develop advertising for publications for one bid package and provide to City of Yakima Purchasing Department. Advertising fees will be paid by the OWNER. 4. The ENGINEER shall provide twenty (20) sets of the approved Contract Documents to supply contractors requesting documents for purposes of bidding, and shall furnish the FAA and the OWNER each with one set of Contract Documents for their files. 5. Assist the OWNER in answering questions during bidding. (8 Hours) G:\Contracts & Task Orders\Yakima Air Terminal \2017-01-18 Snow Removal Engineering Services Agreement.doc Page 2 6. Prepare addenda as necessary to clarify bid documents. (8 Hours) 7. Conduct bid opening and interpret bids for compliance with Contract Documents. 8. Provide review of all submittals required at time of project bid. 9. Analyze and check bid extensions and recommend lowest responsible bidder to the FAA and OWNER. D. CONSTRUCTION SERVICES 1. With FAA and OWNER concurrence, issue notification of award and monitor contract execution. Coordinate with successful contractor, hereinafter called "Contractor," delivery of Contract Documents (insurance, bonds, contract, etc.). 2. Provide on-site construction observation personnel when equipment is delivered and during equipment training by the Contractor to include one (1) full-time project engineer, in the implementation of the Project as defined in the construction contract on a daily basis to keep records, notes, plans and maps for use in confirming the equipment meets the Contract Documents. (Two (2), 8 -hour working days). The purpose of this task is to conduct the final inspection and to note any discrepancies. The ENGINEER's undertaking hereunder shall not relieve the Contractor of his obligation to perform the work in compliance with the Contract Documents in a workmanlike manner; shall not make the ENGINEER an insurer to the Contractor's performance; and shall not impose upon the ENGINEER any obligation to determine the work is performed in a safe manner. 3. Review and verify certificates of compliance submitted by the Contractor comply with the Contract Documents. 4. Confirm required Operations and Maintenance Manuals supplied by the Contractor meet the requirements of the Contract Documents. 5. The ENGINEER shall review Contractor's quantities and provide recommendation to the OWNER for payment requests by performing the following: a. Verify field equipment components. b. Based on field verification and compliance with the Contract Documents, prepare monthly progress payment requests and submit to OWNER for payment to Contractor 6. Notify the OWNER of any project work which does not conform to the result required in the construction contract, prepare a written report describing any apparent non -conforming project work and make recommendations to the OWNER for its correction and, at the request of the OWNER, have the recommendations implemented by the Contractor. 7. Make recommendations to the OWNER on all claims relating to the execution and progress of the construction work. G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc Page 3 i 8. Provided the ENGINEER observes and reviews pursuant to the terms of this Agreement, the ENGINEER shall not be responsible for the defects or omissions in the work as a result of the Contractor, or any subcontractors, or any of the Contractor's or subcontractors employees, or that of any other person or entities responsible for performing any of the work contained in the construction contract. E. PROJECT CLOSEOUT 1. Final reports: Prepare and submit the final project report to meet FAA requirements in Engineering Guidance 2013-12 dated 12/10/2013. a. Prepare a final project report including project summary and cost data for submittal and approval to OWNER and the FAA. 2. Assist OWNER in project closeout for AIP No. 3-53-0089-39. Prepare and supply to OWNER documentation necessary to close out project with FAA. PRELIMINARY Project Schedule: Finalize Scope of Services Fee Proposal Engineering Services Agreement Design and Construction Documents Advertise for Bids Bid Opening Begin Construction January 31, 2017 January 31, 2017 January 31, 2017 February — March 2017 April 3, 2017 May 4, 2017 June 12, 2017 II. COMPENSATION FOR ENGINEERING SERVICES The OWNER shall pay the ENGINEER the following fees as complete compensation for all services rendered as herein agreed: A. The OWNER shall pay the ENGINEER for the services as set forth in Section I of this Agreement, on a cost plus fixed fee plus direct non -salary costs. Direct salary cost shall be per Exhibit B of this Agreement. The fee for services set forth in Section I.A, I.B, I.C, I.D, and I.E is $49,108.00, not to exceed. B. Fee for services over the estimated total will be negotiated and agreed upon between the OWNER and the ENGINEER in writing prior to performance of said services. C ENGINEER will submit monthly invoices on or about the first day of the month for ENGINEER's Professional Services actually completed during the prior month OWNER agrees to pay the invoiced amounts within 45 days of receipt of invoice. G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc Page 4 III. OWNER'S RESPONSIBILITIES A. The OWNER shall make available to the ENGINEER all technical data that is in the OWNER's possession required by the ENGINEER relating to his work. B. The OWNER shall pay for all permits and licenses that may be required by local, state, or federal authorities. IV. ENGINEER'S RESPONSIBILITIES A. OWNER's review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental work or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its work and the Project work. OWNER's review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. B. In performing work and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of OWNER in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of OWNER by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of OWNER. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold OWNER harmless therefrom. C. INDEMNIFICATION: 1. ENGINEER agrees to defend, indemnify, and hold harmless the OWNER, its elected officials, agents, officers, and employees (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings, and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses (including legal fees, costs, and disbursements) of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the ENGINEER's performance under this Agreement. In the event that any lien is placed upon the OWNER's property or any of the OWNER's officers, employees or agents as a result of the negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once cause the same to be dissolved and discharged by giving bond or otherwise. 2. OWNER agrees to indemnify, defend, and hold the ENGINEER harmless from loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, to the extent caused by the negligence or willful misconduct of the OWNER, its employees, or agents in connection with the Project. G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc Page 5 3. If the negligence or willful misconduct of both the ENGINEER and the OWNER (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the OWNER in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. 4. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. D. In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. E It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of Project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. ENGINEER does not assume responsibility for methods or appliances used by a contractor, for a contractor's safety programs or methods, or for compliance by contractors with laws and regulations. OWNER shall use its best efforts to ensure that the construction contract requires that the Contractor(s) indemnify and name OWNER, the OWNER's and the ENGINEER's officers, principals, employees, agents, representatives, and engineers as additional insureds on Contractor's insurance policies covering Project, exclusive of insurance for ENGINEER professional liability. V. INSURANCE A. At all times during performance of the work, ENGINEER shall secure and maintain in effect insurance to protect the OWNER and ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The OWNER reserves the right to require higher limits should it deem it necessary in the best interest of the public. 1. Commercial General Liability Insurance: Before this Contract is fully executed by the parties, ENGINEER shall provide the OWNER with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the OWNER, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the OWNER thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc Page 6 2. Commercial Automobile Liability Insurance: a If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, OIC shall provide the OWNER with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section V.A.1. entitled "Commercial Liability Insurance." c. Under either situation described above in Section V.A.2.a. and Section V.A.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the OWNER, its elected officials, officers, agents, employees, and volunteers as additional insureds The insured shall not cancel or change the insurance without first giving the OWNER thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 3. Statutory workers' compensation and employer's liability insurance as required by State law. 4. Professional Liability Coverage: Before this Agreement is fully executed by the parties, ENGINEER shall provide the OWNER with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The insured shall not cancel or change the insurance without first giving the OWNER thirty (30) days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis, the coverage will continue in force for an additional two years after the completion of this Agreement. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the OWNER, its officers, employees, agents, and representatives thereunder. The OWNER and the OWNER's officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insured under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the OWNER until thirty (30) days after written notice to the OWNER of such intended cancellation, expiration or change. G:\Contracts & Task Orders\Yakima Air Terminal \2017-01-18 Snow Removal Engineering Services Agreement.doc Page 7 VI. RESERVATIONS AND COMPLIANCE A. The ENGINEER reserves the right to obtain the services of other Consulting Engineers experienced in Airport work to prepare and execute the work which is related to the Project within the scope of services and fees contained herein. All subconsultants are subject to the review and approval of the OWNER. B. During the performance of this Agreement, the ENGINEER, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following requirements: 1. Access to Records and Reports. (2 CFR § 200.326 and 2 CFR § 200 333) 2 Civil Rights — General. (49 USC § 47123) 3. Civil Rights — Title VI Assurances. (49 USC § 47123 and FAA Order 1400.11) 4. Breach of Contract Terms (2 CFR part 200, Appendix 11 A) 5. Federal Fair Labor Standards Act. (29 USC C 201, et seq.) 6. Lobbying and Influencing Federal Employees (49 CFR part 20, Appendix A) 7. Occupational Safety and Health Act of 1970. (20 CFR part 1910) 8. Right to Inventions. (2 CFR § 200 Appendix 11(F)) 9 Termination of Contract. (2 CFR § 200 Appendix 11(8)) 10. Trade Restriction Clause. (49 CFR part 30) 11. Certification Regarding Debarment. (2 CFR part 180/2 CFR part 1200) 12 Disadvantaged Business Enterprise. (49 CFR part 26) 13. Distracted Driving. (Executive Order 13513 DOT Order 3902.10) 14. Energy Conservation Requirements. (2 CFR § 200, Appendix 11 H) 15. Veteran's Preference. (49 usC § 47112 c) VII. TERMINATION OF AGREEMENT TERMINATION FOR CONVENIENCE A. The OWNER may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of the Consultant. Upon receipt of the notice of termination, except as explicitly directed by the OWNER, the Consultant must immediately discontinue all services affected. B. 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. C. 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. D. OWNER further agrees to hold the Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. G:\Contracts & Task Orders\Yakima Air Terminal \2017-01-18 Snow Removal Engineering Services Agreement.doc Page 8 TERMINATION FOR DEFAULT 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. Termination by OWNER: The OWNER may terminate this Agreement 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 satisfactorily performance of the Project; 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 the 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. Termination by Consultant: The Consultant may terminate this Agreement 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; 3. Suspends the Project for more than 180 days due to reasons beyond the control of the Consultant. G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc Page 9 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 ENGINEER 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. VIII. CERTIFICATION OF ENGINEER The OWNER and the ENGINEER hereby certify that the ENGINEER has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to• A. Employ or retain, or agree to employ or retain, any firm or persons. B. Pay, or agree to pay, to any firm, person, or organization any fee, contribution, donation, or consideration of any kind. IX. SUCCESSORS AND ASSIGNMENTS A. The OWNER and ENGINEER each bind themselves, their partners, successors, executors, administrators, and assigns to the other parties to this Agreement, and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. B. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet, or transfer their interest or obligation hereunder in this Agreement without the written consent of the other. C. It is understood by the OWNER and the ENGINEER that the FAA is not a party to this Agreement and will not be responsible for engineering costs except as should be agreed upon by the OWNER and the FAA under a Grant Agreement for the Project. OWNER approval of this Engineering Services Agreement is conditioned upon and subject to FAA approval. X. GENERAL CIVIL RIGHTS PROVISIONS AND TITLE VI ASSURANCES The ENGINEER agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds or race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. G:\Contracts & Task Orders\Yakima Air Terminal \2017-01-18 Snow Removal Engineering Services Agreement.doc Page 10 This provision binds the ENGINEER and subtier ENGINEERS from the bid solicitation period through the completion of the Contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS During the performance of this Contract, the ENGINEER, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows. A. COMPLIANCE AND REGULATIONS: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. B. NON-DISCRIMINATION: The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor 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. C. 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. D. 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 FAA 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 FAA, as appropriate, and will set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this Contract, the Sponsor will impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: 1 Withholding payments to the Contractor under the Contract until the Contractor complies; and/or 2. Cancelling, terminating, or suspending a contract, in whole or in part. F. INCORPORATION OF PROVISIONS: The Contractor will include the provisions of paragraphs A through F from this section 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 FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the G:\Contracts & Task Orders\Yakima Air Terminal \2017-01-18 Snow Removal Engineering Services Agreement.doc Page 11 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 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. A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq , 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); B. 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); C. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (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); H. Titles 11 and III of the Americans with Disabilities Act of 1990, which 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 (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; I. The FAA's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which 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; G:\Contracts & Task Orders\Yakima Air Terminal Q017-01-18 Snow Removal Engineering Services Agreement.doc Page 12 K. 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. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Xl. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES A. POLICY: It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. B. MBE OBLIGATION: The Contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. XII. LITIGATION FEES AND EXPENSES In the event suit or action be instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or action, in both trial and appellate court. Since the FAA is not a party to this Agreement, it cannot be held liable for actions under this section. XIII. GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. Venue shall be in Yakima County. G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc Page 13 IN WITNESS WHEREOF, the OWNER and the ENGINEER hereto have made and executed this Agreement the day and year first above written. OWNER: CITY OF YAKIMA BY: TITLE. City Manager ENGINEER: HLA ENGINEERING AND LAND SURVEYING, INC BY. l A7%�✓' ��� G Michael T. Battle, ATTEST` TITLE: A 4 Sonya CI ar Tee Cit Clerk CITY CONTRACT NO*. 7' Z2/2_ RESOLUTION NO' R- a 0/7-0 /3 G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc Page 14 EXHIBIT "A" G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc ACCESS TO RECORDS AND REPORTS The ENGINEER must maintain an acceptable cost accounting system. The ENGINEER agrees to provide the OWNER, the FAA, 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 ENGINEER 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. BREACH OF CONTRACT TERMS 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 CONSULTANT written notice that describes the nature of the breach and corrective actions the CONSULTANT 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 CONSULTANT must correct the breach. OWNER may proceed with termination of the Contract if the CONSULTANT fails to correct the breach by 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. CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participating 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 verify 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: http://www.sam.gov. 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. • 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the FAA 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. G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§ 26.13) - The Contractor 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. Prompt Payment (§26.29) - The Prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime Contractor receives from the Sponsor The prime Contractor agrees further to return retainage payments to each subcontractor within 30 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 Sponsor. This clause applies to both DBE and non -DBE subcontractors. ENERGY CONSERVATION REQUIREMENTS Consultant and subconsultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq) FEDERAL FAIR LABOR STANDARDS ACT All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, 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 Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U S. Department of Labor — Wage and Hour Division LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 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. G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc 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, sub -grants, 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 Tess than $10,000 and not more than $100,000 for each such failure. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 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. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor 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 (20 CFR Part 1910). Contractor 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. RIGHTS TO INVENTIONS 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 Organization and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This Contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR part 401.14. Contractor must include this requirement in all sub - tier contracts involving experimental, developmental or research work. TRADE RESTRICTION CLAUSE By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror: A. Is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); B. 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 C. Has not entered into any subcontract for any product to be used on the Federal on the Project that is produced in a foreign country included on the list of countries that discriminate against the 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, United States Code, Section 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 G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc 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; 2. Whose subcontractors are 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 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. 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 the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the 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 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 U.S.C. 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. TEXTING WHILE DRIVING 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 FAA 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 sub -grant. 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 G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc drivers, including policies that ban text messaging while driving motor vehicles performing work activities associated with the Project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve drivingmotor vehicle in performance of work activities associated with the Project. G:\Contracts & Task Orders\Yakima Air Terminal\2017-01-18 Snow Removal Engineering Services Agreement.doc EXHIBIT "B" G:\Contracts & Task Orders\Yakima Air Terminal \2017-01-18 Snow Removal Engineering Services Agreement.doc Exhibit B Consultant Cost Computations - Summary Sheet (Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Yakima Air Terminal, Snow Removal Equipment Procurement 2017-2018 Direct Salary Cost (DSC): Classification Rate Senior Principal Engineer Licensed Professional Engineer Project Engineer Contract Administrator Resident Engineer Engineering Technician Word Processing Technician $73 00 $39.00 $42 00 $30 00 $35 00 $25.00 $24 00 Note Rates shown are the highest rate for the given job classification and may be less depending on staff assigned. Rates are subject to change on January 1 and June 1 of each calendar year, and from time to time due to periodic wage increases and/or new annual audited overhead rate Overhead (OH Cost - including Salary Additives). OH Rate x DSC 138 57% Fixed Fee (FF) [(OH Rate x DSC) + DSC] x FF Rate 15 00% Reimbursables: Mileage is reimbused at the IRS rate applicable at the time. Postage/shipping based on receipts submitted as part of task. Prepared by: Michael T Battle, PE Date 1/18/2017 G:\Contracts & Task Orders\Yakima Air Terminal\2017 SRE Cost plus fixed fee.xlsx ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.E. For Meeting of: February 7, 2017 Resolution authorizing an agreement with HLA Engineering and Land Surveying, Inc., in an amount not to exceed $49,109 to provide engineering services concerning design and construction administration for Snow Removal Equipment at the Yakima Air Terminal -McAllister Field SUBMITTED BY: Robert Peterson, Airport Manager, 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal is a Federal Aviation Administration (FAA) Part 139 certificated airport. The FAA requires the Yakima Air Terminal to maintain an approved Snow and Ice Control Plan. This plan outlines areas on the airfield where airfield maintenance staff is required to remove snow, which allows commercial, corporate, and general aviation aircraft to safely traverse the airport during inclement weather. In order to meet these requirements, the airport needs specialized snow removal equipment authorized by the FAA to remove snow, slush, and ice from runways, taxiways, and aprons. The next piece of equipment identified to be replaced is the airport's 1992 Schmidt rotary snow blower. This equipment removes snow berms along the edges of runways, taxiways, and aprons to increase safety standards as aircraft depart and arrive at the airport. This agreement would provide required design and construction standards for the equipment. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: N/A ATTACHMENTS: Description Upload Date D Resolution 2/2/2017 D Contract 1/26/2017 D FAA approval 1;30/2017 Type Cor Memo Contract Backup Material