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HomeMy WebLinkAbout08/15/2017 06E Airport Security Gate Improvements Agreement with HLA Engineering and Land Surveying, Inc.BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.E. For Meeting of: August 15, 2017 ITEM TITLE: Resolution authorizing an agreement with HLA Engineering and Land Surveying, Inc., in an amount not to exceed $123,829 to provide construction administration concerning Security Gate I mprovements at the Yakima Air Terminal -McAllister Field SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal -McAllister Field is in the process of replacing eleven vehicle and eight pedestrian security gates under Federal Aviation Administration Airport Improvement Project #3- 53-0089-40. Through close coordination with the Federal Aviation Administration and Transportation Security Administration, it's recommended the airport replace and upgrade the airport's security gate system that has outlived its useful life. Under the agreement, HLA Engineering and Land Surveying, Inc. will provide construction administration of contractors installing the security gate systems while ensuring safety and security is upheld through the project. ITEM BUDGETED: STRATEGIC PRIORITY: Yes Public Safety _004�� APPROVED FORCl* ,,. SUBMITTAL: "~City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: N/A ATTACHMENTS: Description Upload Date Type resolution 8(912017 Co r Merno Contract 81812017 Contract RESOLUTION NO. R -2017- A RESOLUTION authorizing an agreement with HLA Engineering and Land Surveying, Inc., in the amount not to exceed $123,829.00 to provide construction administration concerning Security Gate Improvements at the Yakima Air Terminal -McAllister Field. WHEREAS, City owns and operates Yakima Air Terminal -McAllister Field 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 -McAllister Field is a Federal Aviation Administration (FAA) Part 139 certificated airport, and is required to maintain certain security requirements as outlined in the Airport Security Plan; 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 construction administration concerning Security Gate Improvements. Construction administration will include assisting airport administration in evaluating FAA funding programs, levels, and timelines, coordinate and attend weekly construction meetings, provided on-site construction observation personnel during the implementation of project, and assist owner with final project report to meet FAA requirements in Engineering Guidance 2013-04 dated 12-26-2012; and WHEREAS, the Yakima Air Terminal -McAllister Field has coordinated with the FAA 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 installation of Security Gates; 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 One Hundred Twenty Three Thousand Eight Hundred Twenty -Nine Dollars (123,829.00), to provide construction administration for installation of the airport's Security Gate Improvements. ADOPTED BY THE CITY COUNCIL this 15th day of August, 2017. ATTEST: Sonya Claar Tee, City Clerk Kathy Coffey, Mayor 4 ENGINEERING SERVICES AGREEMENT 110B Security Improvements Upgrade AIP Project No. 3-53-0089-40 This Agreement, made this day of *2017, by and between Yakima Air Terminal, 2406 West Washington Avenue, Suite B, Yakima, 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 Replace eleven (111) vehicle gates identified in the tasks performed under Section I.A. The Project will include replacement of the gate and hardware, reconstruction of surrounding asphalt, replacement of traffic loops, installation of new security lighting, and replacement of the keypads. Z Replace eight (8) pedestrian gates identified in the tasks performed under Section I.A. The Project will include replacement of the gate and its hardware. Adjacent concrete and asphalt surfaces will be constructed to meet Americans with Disabilities Act (ADA). 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. 'CONSTRUCTION SERVICES 1 Assist OWNER in evaluation of FAA funding programs, levels, and timelines in relationship to the Project. 2, 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.) 3. The ENGINEER shall perform contractor material submittal review and approval. 4. Attend up to two (2) City of Yakima meetings as necessary to provide project updates. 5. Review Contractor's Construction Safety Plan Compliance Document for consistency with the Construction Safety Plan and Report. G:\Contracts & Task Orders\Yakima Air Terminal\2017-07-20 Security Improvement Upgrade - Construction Services.doc Page 1 Specifically omitted from the ENGINEER'S duties is review of the Contractor's safety pnaooutiOn8, or review of the rneana, rnothods, and sequences or procedures required for the [|QOt[@ctOr to perform the work but not relating to the final Or completed Project. The omitted design or review services include, but are not limited to shoring, scaffolding, underpinning, temporary [etQiDDleOt of excavations, any erection methods and temporary bracing. 6. Conduct preconstruction conference. Prepare and providemeeting minutes based on pneconstruCbOn conference toOWNER, FAA and Contractor. 7. Pnapono documentation for OWNER and FAA to obtain authorization to issue Notice toProceed. Prepare and transmit Notice toProceed tOContractor. 8.. The ENGINEER shall prepare and submit to the C}VVNEFl and FAA the Construction Management Program prior tobeginning construction. 8. The ENGINEER shall ensure the Contractor's quality control and testing is adequate and meets C)VVMER requirements and FAA guidelines. 10. Review the Contractor's quality control procedures and test reports for conformance and provide documentation of acceptance orrejection to[>VVNER and FAA. 11. Provide on-site CoDStnuCtk}M obsgn/@dOD personnel to include one (1) full-time resident engineer under the supervision Of the EMG|MEER, in the implementation of the Project as defined in the construction contract on a daily basis to keep naCOnd8, notea, p|ans, and nn8p8 for use in preparing record drawings for the Project, and to advise the [)VVy4EFl of deficiencies not corrected bythe Contractor. (Seventy (70) working days —9-hOUrGdGyS). The ENGINEER does not guarantee the performance of the Contractor by the ENG|h]EER's performance Of such construction observation. The .E;JG|NEEF<'s undertaking hereunder shall not relieve the Contractor of his obligation to perform the work in compliance with the Plans and Specifications in a workmanlike manner; shall not make the ENGINEER( an insurer tothe Contractor's performance; and ehoU not impose upon the ENGINEER any obligation to determine the work is performed in a safe manner. Notify the OWNER of any Project vvO[h which dO9S not coDfO[O0 to the result required in the DDnsd[U{tiDD contract, prepare 8VvritteO document describing any apparent nonconforming Project work Gnd make recommendations tothe OWNER for its correction and, at the request of the [)VVNER, have the recommendations implemented bythe Contractor. 12. Conduct weekly construction meetings during construction. Complete and distribute meeting minutes. (Minimum Ofone (1) meeting per week for fourteen /14\ weeks. Personnel at meetings shall include all inspection and field engineering staff. 13. Conduct weekly safety meetings during CODstRJCtiOO. Complete and distribute meeting minutes. /K8iOiOluDl of one /1\ meeting per week for fourteen (14) weeks. Personnel oLmeetings shall include all inspection and field engineering staff. a:kContractsaTask Orders\Yakima Air Terminal\2017-07-20 Security improvement Upgrade - Construction Services.doc Page 14. Prepare and submit daily and weekly inspection reports in accordance with FAA guidelines. 15. Respond b]Contractor's request for information. 16. The ENGINEER shall facilitate change order requests and field design chaOge8 hvperforming the following: o. Evaluate change order requests and make recommendations to the OWNER. b.Obtain OWNER concurrence onchange orders prior k7FAA submittal. c. Prepare and process change orders. 17. The ENGINEER ahoU review Contractor's quantities and provide meoOnnnnend8tiOn to the OWNER for payment requests by performing the following: 8. Verify field quantity CB|CU|8tiOD8. b. Review and total tonnage slips. o. Prepare monthly progress estimate requests and submit to the OWNER for payment tothe Contractor. 18. Conduct and document periodic wage rate intenviexva. Contractor payroll certifications, and affidavits and intents. 19. Monitor and track Disadvantaged Business Enterprise participation. 20. Conduct o final inspection with the C}VVy4ER and Contractor and prepare 8 punch list. Follow upDnany discrepancies found during inspections. 21. Prepare Record Drawings. Record OravvDgn 8h@U be submitted to the OWNER and FAA in the following format: Two i2\ oOnnp|ate seta of prints to the OWNER, and two (2) sets of prints to the FAA. 22. Pnapmna and submit the final Project report to meet FAA requirements in Engineering Guidance 2013-04 dated 12/26/2012. including; Project summary, cost data, testing reports, and OBE compliance to the C)VVyJER and FAA for review and approval. 23. Provided the ENGINEER observes and review pursuant to the tonno of this COntn3Ct' the ENGINEER shall not be responsible for the defects or omissions in the vvodx as a result of the Contractor, Or any 8Ubcontnaotora, or any of the Contractor's or subcontractor's 8mp|oyees. or that Of any other person or entities responsible for performing any of the work contained in the construction contract. Finalize Scope CfServices July 28.2O17 Fee Proposal July 28'2O17 Engineering Services Contract August 7.2O17 Begin Construction September 11, 2017 aAContractsaTask OrdersWakima Air Terminal\2017-07-20 Security Improvement Upgrade - Construction Services.doc Page 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 11 this Agreement, on a cost plus fixed fee plus direct non -salary costs. Direct sala cost shallbe per ExhibitJ of Agreement. The fee for services set forth in Section LA $ 123,829.00, not to exceed. B. Fee for services over the estimated total will be negotiated and agreed upo between the OWNER and the ENGINEER in writing prior to performance of sai services. 10 C. ENGINEER will submit monthly invoices on or about the first day of the month for Professional Servicesactually ! ♦ 'I'i during the prior ! month. OWNER agrees to pay the invoiced amounts within 45 days of receipt of invoice. B. The OWNER shall pay for all permits and licenses that may be required by local, state, or federal authorities; and shall secure the necessary land, easements, and rights of way required for the Project. 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 ERGIREER 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 • ! OWNER harmless therefrom. ffi-,- - �,# i 1 00 mrgmtgomelll Sir, or -111111i G:\Contracts & Task Orders\Yakima Air Terminal\2017-07-20 Security Improvement Upgrade - Construction Services,.doc Page 4 protected") from M\ C|@iOO8' de[O@OdS' liens, |8Vv8UitS' administrative and other proceedings, and /2\ judgments, avvGndG. |O8se8. |iabi|itiaa, dann@ge8, panaKiea, fines' costs and expenses (including legal feeG, oo8ta, 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 @Ct' GCtiOD' default, error or DDliSSiOD Or willful DliSCODdUCt 8h8iDg Out Of the ENG|NEER's performance under this Agreement. In the event that any lien is placed upon the {}WNER'o property or any of the OVVWER'G Dffic8ns, employees or agents as a result Of the negligence or vvi||fu| 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 |oso, oost, or expense, including legal feee, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to prmpertv, to the extent caused by the negligence Or VVi||fU| misconduct Ofthe OWNER, its enlp|Oy8eS' Oragents iO connection with the Project. 3. If the negligence or willful misconduct Of both the ENGINEER and the OWNER (oro person identified above for whom each is liable) is o cause of such third - party claim, the loss, cost, Orexpense shall be shared between the ENGINEER and the OVVMEFl 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 /\or99[D9rt 8h8U be construed to create a liability or a right of indemnification in any third party. Ci In any and all doinnS by an employee of the ENG|NEER, any subcontractor,anyone directly Or indirectly employed by any of them, or anyone for whose acts any Ofthem may be |iob|e, the indemnification obligations under this Agreement shall not be limited in any way by any limitation DO the 8DlOUOt or types Of damages, compensation, Orbenefits payable byorfor the ENGINEER ora subcontractor under workers' D[VVD[k[OenS' C000p8DS8UOD 8{t8, disability benefit aCtS. O[other employee benefit acts. E~ |tisunderstood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining oonnpU@noa with the technical provisions of Project specifications and does not constitute any form of guarantee or insurance with respect to the performance of e Contractor. ENGINEER does not 8GGUnne responsibility for methods or appliances used by a Contractor, for @ Contractor's safety programs or methods, or for cOOnp|i8OCe by CODb@CtOrS with laws and regulations. C]VVyJEFl 8hG|| use its best efforts to ensure that the construction contract requires that the Contractor(s) indemnify and name OWNER, the OWNER's and the ENG|NEER'8 officer8, principa|e, ernp|oyee0, agents, representaUves, and engineers as additional insureds on Contractor's insurance policies covering the Project, exclusive ofinsurance for ENGINEER professional liability. F. SUBSURFACE INVESTIGATIONS: In soi|o, foundation, groundwater, and other subsurface invg8tigsdions, the actual Char8[t8h8tiC8 may vary significantly between successive test points and 8@nnp|e inten/a|8, and at |000Umng other than vvhen3 observation, exp|mration, and investigations have been made. Because Of the inherent uncertainties in subsurface eva|uaUone, changed or unanticipated underground conditions may occur that could affect total Project cost and/or e:\ComrantsmTask omemnummuAir mrmmamo1r-0/-2nSecurity Improvement Upgrade c"ns*uctionaer.mes,00c Page • These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional care and judgment in such investigations. V. INSURANCE 11Commercial G6h6hal Liabifily liniturancia: 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 .• insurance with a total minimum liability limit of two • dollars ($2,000,000.00) •- • combined single limit ►•♦ 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 i• number, and when the policy and provisions provided are in effect. Said •• shall •- in effect for the duration • this • The •♦ shall name the OWNER, its elected officials, officers, agents, employees, and volunteers as additional insureds. The -• shall not cancel • change the insurance without first giving the OWNER a thirty (30) calendar day prior written notice. The insurance shall be with an insurance company or companies rated A -VII •' higher in Best's Guide and admitted in the State of Washington. 9111 1 ^ - . off 11, L i • • 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 • .•I' insurance with a total minimum liability limit • two •' i• ($2,000,000.00) per occurrence combined single limit ••• injury and property damage. Automobile liability will apply to "Any Auto" and be shown • the certificate. b4 If ENGINEER does not own any vehicles, only "Mon -owned and Aired 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 a thirty (30) •. ♦. 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 TerminaIV017-07-20 Security Improvement Upgrade - Construction Services,doc Page 6 HE 1 Statutory workers' compensation and employer's liability insurance as requir by State law. I C Professional Liabi& Coverage: Before this Agreement is fully executed by the partie , 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 (2) 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. 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. The OWNER acknowledges that quality assurance testing, electrical, and pavement specialist subconsultants will be utilized for this Project, 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 § 200.336, 2 CFR § 200.333, and FAA Order 5100.38) 2. Breach of Contract Terms. (2 CFR § 200 Appendix II(A)) 3. Civil Rights — General. (49 USC § 47123) 4. Compliance with Nondiscrimination Requirements. (49 USC § 47123 and FAA Order 1400.11) 5, Civil Rights — Title VI Assurances. 6. Clean Air and Water Pollution Control. (2 CFR§ 200Appendix // (G)) 7. Contract Work Hours and Safety Standards Act Requirements. (2 CFR § 200 Appendix // (Q) & Debarment and Suspension. (2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility) 9. Disadvantaged Business Enterprise. (49 CFR part 26) GAContracts, & Task OrdersWakima Air TerminaA2017-07-20 Security Improvement Upgrade - Construction Services,doc Page 7 im M Energy Conservation Requirements. (2 CFR § 200 Appendix// (H)) 11 Federal Fair Labor Standards Act. (29 USC § 201, et seq) 12. Certification Regarding Lobbying. (31 USC § 1352, 2 CFR Part 200, and 49 CFR part 20, Appendix A) 13; Occupational Safety and Health Act of 1970. (20 CFR part 1910) 14. Right to Inventions. (2 CFR § 200 Appendix II(F), and 37 CFR § 401 ) 15, Termination of Contract. (2 CFR § 200 Appendix li(B) and FAA Advisory Circular 15015370-10, Section 80-09) 16. Trade Restriction Certification. (49 USC § 50104 and 49 CFR part 30) 117. Veteran's Preference. (49 USC § 47112c) Exhibit B includes the federal contract clauses required to be placed within tht; contract. A. The OWNER may, by written notice, terminate this Contract in whole or in part at any time, either for the OWNER's convenience or because of failure to fulfill the Contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in progress, delivered to the OWNER. B. If the termination is for the convenience of the OWNER, an equitable adjustment in the Contract price will be made, but no amount will be allowed for anpated profit on unperformed services. C. If the termination is due to failure to fulfill the ENGINEER's obligations, the OWNER may take over the work and prosecute the same to completion by Contract or otherwise. In such case, the ENGINEER is liable to the OWNER for any additional cost occasioned to the OWNER thereby. D. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the ENGINEER had not so failed, the termination will be deemed to have been effected for the convenience of the OWNER. In such event, adjustment in the Contract price will be made as provided in paragraph B of this clause. E� The rights and remedies of the OWNER provided in this clause are in addition to any other rights and remedies provided by law or under this Contract. 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: B. Pay, or agree to pay, to any firm, person, or organization any fee, contribution, donation, or consideration of any kind. LJMKq�q GAContraas & Task Orders\Yakima Air Terminal\2017-07-20 Security Improvement Upgrade - Construction Services,doc Page 8 12 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. The ENGINEER agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractors 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. This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the Airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases, the provision obligates the party or any transferee for the longer of the following periods: A. The period during which the property is used by the Airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or B. The period during which the Airport sponsor or any transferee retains ownership or possession of the property. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS During the performance of this Contract, the ENGINEER, for itself, its assignees, ar 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-DISCRI MI NATION: 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 oi G:\Contracts &Task Orders\Yakima Air TerminaU017-07-20 Security Improvement Upgrade -Construction Services.doc Page 9 13 materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, 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 SUBCONTRACTa,__ 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 Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. DINFORMATION 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 Acts, Regulations, 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 Non-discri m i nation 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 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. 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 -d iscri m i nation 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 -d iscrim i nation in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of The Civil Rights Act of 1964); G:\Contracts &Task Orders\Yakima Air Term! naIQ017-07-20 Security Improvement Upgrade -Construction Services.doc Page 10 14 The Uniform Relocation Assistance and Real Property Acquisition Policies Act o? 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, (PIL 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; L The FAA's non -d iscri m i nation statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); JExecutive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which ensures discrimination 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; 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); L. 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). A. POLICY. It is the policy of the Department o Transportation D T t at m nor ty 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 G:\Contracis & Task OrdersWakirna Air Termina112017-07-20 Security Improvement Upgrade - Construction Services,doc Page 11 15 participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. |nthis regard, all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of raco, color, national origin, Or sex in the award and performance Of [J[)T-oeSiaLad contracts. In the event suit or action be instituted to enforce any of the b3rDS Or conditions of this Agreement, the losing party shall pay tothe prevailing p@dv. in addition to the costs and disbursements oUovvad by etsdute, such sum as the court may adjudge reasonable as attorney fees in such suit or aotion, 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. This Agreement shall begoverned bvthe laws Ofthe State of Washington. Venue shall bo in Yakima County. |NWITNESS WHEREOF, the OWNER and the ENGINEER hereto have made and executed this Agreement the day and year first above written. CITY OF YAKIMA HLA ENGINEERING AND LAND SURVEYING INC. Cliff Moore Michael T. Battle, PE TITLE: City Manager TITLE: President ` ATTEST: Sonya C|a8rTee TITLE: City Clerk aAContracts*Task Orders\Yakima Air Terminai\2017-07-20�curity Improvement Upgrade - Construcidon Services.doc: Page 12 M G:\Contracts & Task Orders\Yakima Air TerminaR2017-07-20 Security Improvement Upgrade - Construction Services don 17 Consultant Cost Computations - Summary Shee (post Plus Fixed Fee, Cost Per Unit of Workil Classification_Rate_ Senior Principal Engineer $75.88 Licensed Principal Land Surveyor $69.00 Other Licensed Professional $62.00 Licensed Professional Land Surveyor $35.10 Licensed Professional Engineer $40.00 Contract Administrator $31.65 CAD Technician $27.00 Resident Engineer $38.10 Surveyor $33.30 Engineering Technician $20.00 Word Processing Technician $25.00 Nobs: Rates are subject to change on January 1 and June 1 of each calendar year, and from time totime due hoperiodic wage increases and/or new annual audited overhead rate. OH Rate x DSC 133.45% Fixed Fee (FF): Mileage is reimbused at the IRS rate applicable at the time. Postage/shipping based on receipts submitted as part of task, G:\Contracts & Task Orders\Yakima Air Terminal\2017 Security Improvements Upgrade Costplus fixedfee.xlax 18 G:\Contracts & Task Orders\Yakima Air Termin02017-07-20 Security Improvement Upgrade - Construction Services.doc E9 The ENGINEER must maintain on acceptableooe accounting system. The ENGINEER agrees 00 provide the OWNER, the Federal Aviation Adminio1ration, and the Comptroller General of the United States or any of their duly authorized representatives access to any booko, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, exmnoinaUon, excerpts and transcriptions. The ENGINEER agrees to maintain all books, records and reports required under this contract for 8 period Of not less than three years after final payment i8made and all pending matters are closed. Any violation Or bn58Ch of hanne of this contract on the part of the ENGINEER or its aubconeultantomay result inthe suspension Ortermination Ofthis contract orsuch other action that may be necessary to enforce the rights of the parties of this AGREEMENT. OWNER will provide CoDSUb8Dt written DOUQ8 that describes the DaLUn2 of the breach and corrective actions the Consultant must undertake in order to avoid termination of the Contract. OvvOe[ reserves the right b]withhold payments to C|ODSUK8nt until such time the CoOsU|L@Ot corrects the breach or the OWNER elects to terminate the Contract. The OVVNER'a notice will identify aspecific date bywhich 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 inthe C)VVNER'snotice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to. and not limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. ENGINEER agrees to oonlpk/ with all applicable atandarda, orders, and regulations issued pursuant tothe Clean Air Act (42 U.G.C. 8 740-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The ENGINEER agrees to report any violation to the OWNER immediately upon discovery. The OWNER 888Unle8 responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. t 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 O[mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in euoeea of forty hours in such wx}rkxveab unless such laborer ormechanic receives compensation atarate not less than one and one-half times the basic rate ofpay for all hours worked inexcess Cfforty hours insuch workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event Of any violation of the (dauea eat forth in paragraph (1) above, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid vv8Qe8. In addition, such contractor and subcontractor shall be liable to the United Stedaa /in the came of work done UDd8[ contract for the District Of Columbia O[@ territory, to such District or G:\Contracts & Task Orders\Yakima Air Term! nal\201 7-07-20 Security Improvement UpgradeConstruction oer.ice=.d" N9 to such territory), for liquidated damages. Such liquidated d8nlBg8D ah8U be DO/npuhad with respect to each individual laborer or nnoohonio, including watchmen and guards, employed in violation of the d2U8e set forth in paragraph 1 @bove, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard xvQrkxv8ek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid VVaQee and Liquidated Damages. The Federal Aviation Administration 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 monies payable on account of work performed by the Contractor or subcontractor under any such contract Or any Other Federal contract with the same prime cOn1r@CtOr, or any other Federa||y-aseietod contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums asmay bedetermined tObenecessary tosatisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided inthe clause set forth inparagraph 3above. 4. Subcontractors. The Contractor orsubcontractor shall insert inany subcontracts the clauses set forth in paragraphs 1 through 4 and also a C|@uao 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 inparagraphs 1through 4ofthis section. By submitting 8 bid/proposal under this solicitation, the bidder O[offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department oragency from participation iDthis transaction. REGARDING LOWER TIER PARTICIPANTS) The 8uCCe88fU| bidder, by administering each lower bersubcontract that exceeds $25'000 as a .'covered transaction," must verify each lower tier participant of "covered transaction" under the Project is Oct 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 M@O8g8DleO1 at website: http://vvvvv.s@Dl.gOV 2, Collecting 8 certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder OrOffenmh.above. 3. Inserting Bclause Orcondition inthe covered transaction with the lower tier contract. If the FAA later determines that a |Oxver tier participant failed to tell a higher tier that it was excluded Ordisqualified atthe time itentered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment ofthe non-compliant participant. G:\Con traciTask orders\YakimAir mrminao 7-07-20 Security /mproverl Upgrade -Construction Services.doo R DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance U6 26.13\ - The Contractor or subcontractor shall not discriminate On the basis of nsoe, color, national origin, Or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 40 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is o material breach of this contract, which may r88U|1 in the te[DliDRtiOO Of this cODt[8Ct Or such Other remedy, as the recipient deems appropriate. PnOrnot Payment (§20.29) - 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 naoaict ofeach 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 @bOV8 referenced time frame may OCCU[ only for good cause following written @pprOV8| of the Sponsor. This clause applies tOboth DBE and non-C)BEsubcontractors. All contracts and subcontracts that result from this 8O|iCit@UOn incorporate by reference the provisions of 29 CFR Part 201. the Federal Fair Labor Standards Act (FLSA), the same force and effect as if given in full text. The FLGA sets minimum vv@ge, 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 o|ainna or disputes that arise from this requirement directly with the U.S. Department Of Labor —Wage and HOU[ Division. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The bidder O[offeror certifies bysigning 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 orDnbehalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency. e Member OfCongress, an officer Oremployee of Congress, Or an employee of Member of Congress in connection with the awarding of any Federal contnac1, the making of any Federal grant, the making of any Federal |oan, the entering into of any cooperative agreennent, and the exteneion, oonUnuatiOn, renaxVa|, amendment, or modification Of any Federal contract, grant, |oan, 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 oremployee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of Member OfCongress in connection with this Federal contract, grant. |O8n. 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 oxvand documents for all sub -awards at all UGrS (including subcontracts, aub-granta, and contracts under grants, loans, and cooperative agreement) that all sub -recipients shall certify and disclose accordingly. aACouacmaTask omem*okimaAir rermnai\2or-0r-2uSecurity Improvement Upgrade -construoilonoervicen.do oo 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 @ prerequisite for nn@KinQ or entering into this transaction imposed by section 1352' title 31' U.S. Code. Any person who fails to file the required certification 8h8|| be subject to a civil penalty of not less than $1O'O0Oand not more than $10D.000for each such failure. 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 80 if given in full text. Consultant must provide a work environment that iGfree from recognized hazards that may cause death orserious physical harm Lothe employee. The Consultant retains full responsibility tomonitor 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.G. Department of Labor —Occupational Safety and Health Administration. By submission Of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror: A, |anot owned or controlled byone ormore 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 @ person that is a citizen Or national of m foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and Cu Has not entered into any subcontract for any product to be used on the Federal Project that is produced in 8 foreign country included on the list Of countries that discriminate against U.S.firms published bythe U8TR. This certification concerns 8 matter within the jurisdiction of an agency of the United States of America and the making of a fm|ae, fiCtUOoua, or fraudulent certification may render the noahmr subject UJprosecution under Title 18.United States Code, Section 1UO1. 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 orhas become erroneous byreason ofchanged 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 C|Gu8e are vvak*ad by the Secretary Of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor: A. Who is owned or controlled by one Or more citizens or nationals ofaforeign country included on the list nfcountries that discriminate against U.S. firms published by the USTROr; s:\ComractuuTaskorders\YakimAir Terminal\2017-07-20 Security Improvement Upgmde-wnstruction Services,doo oo B. VVhOae subcontractors are owned or controlled by one or more citizens or nationals of foreign country on such USTR list or; C. Who incorporates in the public vw0[kS project any D[QdUCt of a foreign COUntn/ On such USTR list. Nothing contained in the foregoing ahoU be construed to require establishment of a system of n8Condn in order to nender, in good faith, the certification required by this provision. The knowledge and iAfO008tiOA of G cQAt[@CtDr is not required to exceed that which is DQrQG||y possessed by@prudent person inthe ordinary course ofbusiness 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 CD[t[aCtO[ may pa|y on the certification of m prospective subcontractor that is not a firm from @ foreign country included OO the list ofcountries that discriminate against U.S. firms 88 published by USTR.un|ess the Offeror has knowledge that the certification iGerroneous. This certification is o rnatehe| 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 may direct through the OWNER cancellation of the Contract or subcontract for default at no cost to the C]VVNEF| or FAA. 0411114m, M294249 In the employment Dflabor (excluding executive, administrative, and supervisory positions), the Consultant and all aubooneu|Cants 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 vv@r votenano, disabled veterans, and Snn8|| business concerns (as defined by 15 U.G.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 towhich the employment relates. In accordance with Executive Order 13513. "Federal Leadership on Reducing Text Messaging VVhi|8 Driving" /10/1/2009\ and DOT Order 3902.10 "Text Messaging While [}riving" (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 YVO[h related to 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 drivers, including policies that ban text messaging while driving motor V8hiC|eG while performing work activities @sSOCi@ƒgd with the Project. The COOtrGC[O[ rDU8t include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance ofwork activities associated with the Project. Contractor and Subcontractor agree to comply with mandatory standards and policies relating b]energy efficiency aGcontained in the state energy conservation plan issued in oonnp|ionoa with the Energy Policy and Conservation Act (42U.8.C8201et8eq).