HomeMy WebLinkAboutR-2017-100 Airport Security Gate Improvements Agreement with HLA Engineering and Land Surveying, Inc. 3-53-0089-40A RESOLUTION
RESOLUTION NO. R-2017-100
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
ENGINEERING SERVICES AGREEMENT
FOR
CONSTRUCTION PROJECTS UNDER AIRPORT IMPROVEMENT PROGRAM
Security Improvements Upgrade
AIP Project No. 3-53-0089-40
This Agreement, made this 1 l day of , 2017, by and between Yakima Air
Terminal, 2406 West Washington Avenue, uite PI, 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 (11) 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.
2 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)
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. 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.
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Specifically omitted from the ENGINEER'S duties is review of the Contractor's
safety precautions, or review of the means, methods, and sequences or
procedures required for the Contractor 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 retainment
of excavations, any erection methods and temporary bracing.
6 Conduct preconstruction conference Prepare and provide meeting minutes
based on preconstruction conference to OWNER, FAA, and Contractor.
7 Prepare documentation for OWNER and FAA to obtain authorization to issue
Notice to Proceed Prepare and transmit Notice to Proceed to Contractor.
8. The ENGINEER shall prepare and submit to the OWNER and FAA the
Construction Management Program prior to beginning construction.
9. The ENGINEER shall ensure the Contractor's quality control and testing is
adequate and meets OWNER requirements and FAA guidelines.
10. Review the Contractor's quality control procedures and test reports for
conformance and provide documentation of acceptance or rejection to OWNER
and FAA.
11. Provide on-site construction observation personnel to include one (1) full-time
resident engineer under the supervision of the 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 preparing record
drawings for the Project, and to advise the OWNER of deficiencies not
corrected by the Contractor. (Seventy (70) working days — 9 -hours days).
The ENGINEER does not guarantee the performance of the Contractor by the
ENGINEER's performance of such construction observation. The
ENGINEER'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 to the
Contractor's performance; and shall not impose upon the ENGINEER any
obligation to determine the work is performed in a safe manner.
Notify the OWNER of any Project work which does not conform to the result
required in the construction contract, prepare a written document describing
any apparent nonconforming 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.
12. Conduct weekly construction meetings during construction. Complete and
distribute meeting minutes. (Minimum of one (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 construction. Complete and distribute
meeting minutes. (Minimum of one (1) meeting per week for fourteen (14)
weeks. Personnel at meetings shall include all inspection and field engineering
staff.
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14. Prepare and submit daily and weekly inspection reports in accordance with
FAA guidelines.
15. Respond to Contractor's request for information.
16. The ENGINEER shall facilitate change order requests and field design changes
by performing the following:
a. Evaluate change order requests and make recommendations to the
OWNER.
b. Obtain OWNER concurrence on change orders prior to FAA submittal.
c. Prepare and process change orders.
17 The ENGINEER shall review Contractor's quantities and provide
recommendation to the OWNER for payment requests by performing the
following.
a. Verify field quantity calculations
b. Review and total tonnage slips.
c. Prepare monthly progress estimate requests and submit to the OWNER for
payment to the Contractor.
18 Conduct and document periodic wage rate interviews, Contractor payroll
certifications, and affidavits and intents.
19. Monitor and track Disadvantaged Business Enterprise participation
20. Conduct a final inspection with the OWNER and Contractor and prepare a
punch list. Follow up on any discrepancies found during inspections
21 Prepare Record Drawings. Record Drawings shall be submitted to the
OWNER and FAA in the following format' Two (2) complete sets of prints to the
OWNER, and two (2) sets of prints to the FAA.
22 Prepare 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 DBE compliance to the OWNER and FAA for
review and approval.
23. Provided the ENGINEER observes and review pursuant to the terms of this
contract, 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 subcontractor's employees, or that of any other person or
entities responsible for performing any of the work contained in the construction
contract.
PRELIMINARY Project Schedule:
Finalize Scope of Services
Fee Proposal
Engineering Services Contract
Begin Construction
July 28, 2017
July 28, 2017
August 7, 2017
September 11, 2017
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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 A of this Agreement.
The fee for services set forth in Section I.A $ 123,829.00, 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.
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; and shall secure the necessary land, easements, and
rights of way required for the Project.
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
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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.
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 the
Project, exclusive of insurance for ENGINEER professional liability.
F. SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other
subsurface investigations, the actual characteristics may vary significantly between
successive test points and sample intervals, and at locations other than where
observation, exploration, and investigations have been made Because of the
inherent uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total Project cost and/or
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execution. 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
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 a thirty (30) calendar day 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.
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 a thirty (30) calendar day 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.
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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 (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.
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. 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 § 200 Appendix 11(G))
7. Contract Work Hours and Safety Standards Act Requirements. (2 CFR § 200
Appendix 11 (E))
8. 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)
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10. Energy Conservation Requirements. (2 CFR § 200 Appendix 11 (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 11(F), and 37 CFR § 401)
15. Termination of Contract. (2 CFR § 200 Appendix 11(B) and FAA Advisory Circular 150/5370-10,
Section 80-09)
16. Trade Restriction Certification. (49 USC § 50104 and 49 CFR part 30)
17. Veteran's Preference (49 USC § 47112c)
Exhibit B includes the federal contract clauses required to be placed within the
contract.
VII. TERMINATION OF AGREEMENT
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 anticipated 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.
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
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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. TITLE VI ASSURANCES
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, 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
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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 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 Acts and the Regulations relative to Non-
discrimination 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 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-discrimination 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-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);
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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 111 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 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).
XI. 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
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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.
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
TITLE: City Manager
ENGINEER:
HLA ENGINEERING AND LAND SURVEYING INC
BY:
Michael T. Battle,
TITLE: President
ATTEST.
Sonya Claar flee
TITLE. City Clerk
Crry CONTRACT NO: 2o/ 7
-130
RESOLUTION NO: R' 2071 7 —400
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EXHIBIT "A"
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Exhibit A
Consultant Cost Computations - Summary Sheet
(Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Yakima Air Terminal, Security Improvements Upgrade
Direct Salary Cost (DSC)
Classification Rate
Senior Principal Engineer $75 00
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
Note 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 133 45%
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 8/8/2017
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EXHIBIT "B"
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ACCESS TO RECORDS AND REPORTS
The ENGINEER must maintain an acceptable cost accounting system. The ENGINEER agrees
to provide the OWNER, the Federal Aviation Administration, and the Comptroller General of the
United States or any of their duly authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The 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 ENGINEER or its
subconsultants 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 Consultant until such time the Consultant
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.
CLEAN AIR AND WATER POLLUTION CONTROL
ENGINEER agrees to comply with all applicable standards, orders, and regulations issued
pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.0 § 1251-1387). The ENGINEER agrees to report any violation to the
OWNER immediately upon discovery. The OWNER assumes responsibility for notifying the
Environmental Protection Agency (EPA) and the Federal Aviation Administration.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic, including watchmen
and guards, in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such workweek
2. Violation, Liability for Unpaid Wages; Liquidated Damages. In the event of any
violation of the clause set forth in paragraph (1) above, the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory, to such District or
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to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph 1 above, in the
sum of $10 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph 1 above.
3. Withholding for Unpaid Wages 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 contractor, or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities
of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 2 above.
4. Subcontractors The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs 1 through 4 and also a clause requiring the
subcontractor to include these clauses in any lower tier subcontracts. The prime
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.
CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR)
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it
nor its principals are presently debarred or suspended by any Federal department or agency
from participation in this transaction.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER
REGARDING LOWER TIER PARTICIPANTS)
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 tell a higher tier that it was
excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any
available remedies, including suspension and debarment of the non-compliant participant.
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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.
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
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), 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
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 agreement) that all sub -recipients
shall certify and disclose accordingly
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This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S Code Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure
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.
Consultant must provide a work environment that is free from recognized hazards that may
cause death or serious physical harm to the employee The Consultant 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.
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
Project that is produced in a foreign country included on the list of countries that
discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, 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
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 a contractor or subcontractor:
A. Who is owned or controlled by one or more citizens or nationals of a foreign country
included on the list of countries that discriminate against U.S firms published by the
USTR or;
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B. Whose subcontractors are owned or controlled by one or more citizens or nationals of a
foreign country on such USTR list or;
C. 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 is not a firm from a foreign
country included on the list of countries that discriminate against U S. firms as published by
USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when
making an award. If it is later determined that the Contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct through the
OWNER cancellation of the contract or subcontract for default at no cost to the OWNER or FAA.
VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions),
the Consultant and all subconsultants 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.
DISTRACTED DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving" (10/1/2009) and DOT Order 390210 "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
drivers, including policies that ban text messaging while driving motor vehicles while
performing work activities associated with the Project. The Contractor must include the
substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor
vehicle in performance of work activities associated with the Project.
ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor 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).
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
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
Improvements 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:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
N/A
City Manager
ATTACHMENTS:
Description Upload Date Type
o resolution
CI Contract
8/9/2017
8./8/2017
2
Cover Memo
Contract