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HomeMy WebLinkAboutR-2019-049 Engineering Services Agreement with JUB Engineering, Inc.RESOLUTION NO. R-2019-049 A RESOLUTION authorizing an Engineering Services Agreement with JUB Engineering, Inc for Engineering Services to rehabilitate the Runway 9/27 High Intensity Runway Lighting system 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 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 that engineering services be performed by a Professional Licensed Engineer; and WHEREAS, the City Council has determined that it is in the best interest of the Yakima Air Terminal and the residents of the City to enter into an Engineering Services Agreement with JUB Engineering, Inc., attached hereto and incorporated herein by this reference, to provide project formulation, design, bidding services, and to develop and submit a grant application in order to rehabilitate the Runway 9/27 High Intensity Runway Lighting system as well as to crack seal and sealcoat asphalt surfaces which will extend the overall life expectancy of Yakima Air Terminal -McAllister Field's primary Runway; and WHEREAS, the Yakima Air Terminal -McAllister Field has coordinated with the Federal Aviation Administration through the airport's Capital Improvement Plan to utilize approximately $129,726 00 of federal grant funds and approximately $14,414 00 of Passenger Facility Charge funds, used as the airport's local match requirement, to fund the work to be performed under the terms of the Engineering Services Agreement; and WHEREAS, in accordance with the terms and conditions of the Agreement for engineering services attached hereto the engineer will perform the services outlined in the Engineering Services Agreement during the 2019-2020 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 JUB Engineering, Inc. in the amount not to exceed one hundred forty-four thousand one hundred forty dollars ($144,140.00), to provide Engineering Services for rehabilitation of the airport's Runway 9/27 High Intensity Runway Lighting system, as well as to crack seal and sealcoat runway asphalt surfaces to extend the life expectancy of the runway, as provided under Airport Improvement Program 3-53-0089-43. ADOPTED BY THE CITY COUNCIL this 7th day of May, 2019 ATTEST Sonya r Tee, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT) Runway 9/27 Pavement Maintenance and HIRL Project, A.I.P. 3-53-0089-43-2019 Yakima Air Terminal, McAllister Field, Washington THIS AGREEMENT is effective as of the r% day of May, 2019 by and between City of Yakima, 129 No 2nd Street, Yakima, WA 98901 hereinafter referred to as the CLIENT, and J-U-B ENGINEERS, Inc., W. 422 Riverside, Suite 304, Spokane, Washington, 99201, an Idaho Corporation, hereinafter referred to as J-U-B WHEREAS, the CLIENT intends to. develop design documents for Runway 9/27 Pavement Maintenance and HIRL hereinafter referred to as the "Project". The services to be performed by J-U-B are hereinafter referred to as the "Services". WITNESSETH Now, therefore, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set for below ARTICLE 1 J-U-B'S SERVICES 1.01 BASIC SERVICES J-U-B will perform the Services described in Attachment 1 - Scope of Services, Basis of Fee, and Schedule in a manner consistent with the standard of care appropriate and applicable to professional engineering principles J-U-B's services shall be limited to those expressly set forth therein, and J-U-B shall have no other obligations, duties, or responsibilities for the Project except as provided in this Agreement. 1.02 SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said Services in accordance with the schedule described in Attachment 1 Scope of Services, Basis of Fee, and Schedule in a manner consistent with the standard of care applicable to professional engineering principles. This schedule may be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project as requested by the CLIENT or for delays or other causes beyond J-U-B's control 1.03 ADDITIONAL SERVICES When authorized in writing by the CLIENT, J-U-B agrees to furnish, or obtain from others, additional professional services in connection with the PROJECT, as set forth below and as otherwise contained within this Agreement: A. Provide other services not otherwise provided for in this Agreement, including services normally furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES. B Provide services as an expert witness for the CLIENT in connection with litigation or other proceedings involving the PROJECT. C. Assist or extend services as a result of strikes, walkouts, or other labor disputes, including acts relating to settlement of minority group problems. D. Mitigation work identified in the environmental review. E. Assist the CLIENT in resolving disputes over claims, bankruptcy, legal complaints or default ofthe Contractor. Airports FAA Standard Contract (Rev 40219) Page 1 FAA Agreement_2019 ARTICLE 2 CLIENT'S RESPONSIBILITIES 2.01 CLIENTS RESPONSIBILITIES The CLIENT shall furnish the following services at the CLIENT'S expense and in such a manner that J-U-B may rely upon them in the performance of its services under this AGREEMENT: A. Designate, in writing, a person authorized to act as the CLIENT'S contact. The CLIENT or his designated contact shall receive and examine documents submitted by J-U-B to determine acceptability of said documents, interpret and define the CLIENT'S policies, and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of J-U-B's services. B. Make available to J-U-B all technical data that is in the CLIENT'S possession, including maps, surveys, property descriptions, borings, and other information required by J-U-B and relating to its work. C. Hold promptly all required special meetings, serve all required public and private notices, receive and act upon all protests and fulfill all requirements necessary in the development of the PROJECT and pay all costs incidental thereto. D. Provide legal, accounting and insurance counseling services necessary for the PROJECT. Legal review of the construction Contract Documents, and such writing services as the CLIENT may require to account for the expenditure of construction funds. E Furnish permits and approvals from all governmental authorities having jurisdiction over the PROJECT and from others as may be necessary for completion of the PROJECT. F The CLIENT agrees to cooperate with J-U-B in the approval of all plans, reports and studies, and shall make a timely decision in order that no undue expense will be caused J-U-B because of lack of decisions. If J-U-B is caused extra drafting or other expense due to changes ordered by the CLIENT after the completion and approval of the plans, reports, and studies, J-U-B shall be equitably paid for such extra expenses and services involved G. Guarantee full and free access, with reasonable advance notice, for J-U-B to enter upon all property required for the performance of J-U-B's services under this AGREEMENT H. Give prompt written notice to J-U-B whenever the CLIENT observes or otherwise becomes aware of any defect in the PROJECT or other event that may substantially affect J-U-B's performance of services under this AGREEMENT. I. Promptly prepare and submit reimbursement requests to funding agencies. J. Compensate J-U-B for services promptly rendered under this AGREEMENT. K. Obtain bids or proposals from contractors for work relating to the PROJECT and bear all costs relating to advertising. ARTICLE 3 J-U-B'S COMPENSATION 3.01 BASIC SERVICES COMPENSATION J-U-B shall provide services in connection with the terms and conditions of this Agreement, and the CLIENT shall compensate J-U-B therefore as detailed in Attachment 1 — Scope of Services, Basis of Fee and Schedule. Partial payment shall be made for the services performed as the work under this AGREEMENT progresses Such payment is to be made monthly based on the itemized statements, invoices, or other evidences of performance furnished to and approved by the CLIENT. All claims for payment will be submitted in' an invoice compatible with current practices and acceptable to the CLIENT. Partial payments will include payroll costs, adjusted for payroll burdens, and general and administrative overhead, as well as out-of-pocket expenses, plus that portion of the fixed fee which its percentage of completion bears to the total cost of the Airports FAA Standard Contract (Rev 40219) Page 2 FAA Agreement_2019 fully completed work under this AGREEMENT. The CLIENT shall make full payment of the value of such documented monthly service as verified on the monthly invoice statement. 3.02 ADDITIONAL COMPENSATION In addition to any and all compensation hereinabove, the CLIENT shall compensate J-U-B for Additional Services, Section 1.03, under a written Authorization for Additional Services executed by both Parties that specifically describes the additional work and the cost associated therewith. These additional services are to be performed or furnished by J-U-B only upon receiving said written authorization from the CLIENT. 3.03 COMPENSATION ADJUSTMENT CLIENT agrees to provide J-U-B a notice to proceed with Services within 120 days of the effective date of this Agreement identified in Attachment 1 If the notice to proceed with Services is delayed beyond 120 days from the effective date of this Agreement, or service described will not be completed during the term of this Agreement through no fault of J-U-B, the Agreement shall be amended through mutual negotiation to address both schedule and pricing impacts of the delay. CLIENT understands that any pricing increase may not be grant fundable by FAA. 3.04 ADDITIONAL CONDITIONS OF COMPENSATION The CLIENT and J-U-B further agree that: A. J-U-B shall submit monthly invoice statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment in full within thirty (30) days after receipt of J-U-B's statement, the amounts due J-U-B will accrue interest at the rate of 1 % per month from said thirtieth day or at the maximum interest rate allowed by law, whichever is less. B. If the CLIENT fails to make monthly payments due J-U-B, J-U-B may, after giving ten (10) days written notice to the CLIENT, suspend services under this Agreement. ARTICLE 4 GENERAL PROVISIONS 4.01 OWNERSHIP OF DOCUMENTS Upon the request of the CLIENT, J-U-B shall furnish the CLIENT copies of all maps, plots, drawings, estimate sheets, and other contract documents required for the PROJECT provided J-U-B has been paid in full for the work. Upon the request of the CLIENT and the completion of the work specified herein, all material documents acquired or produced by J-U-B in conjunction with the preparation of the plans shall be delivered to and become the property of the CLIENT providing no future use of said documents or portions thereof shall be made by the CLIENT with J-U-B;s name or that of J-U-B ENGINEERS, Inc., attached thereto. Final submittal of J-U-B's work product shall be in hard -copy format and no electronic design files will be submitted as part of the PROJECT, unless expressly requested Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B for the specific purpose intended by the reuse, will be at CLIENT's sole risk and without liability or legal exposure to J-U-B. The CLIENT shall release, defend, indemnify, and hold J-U-B harmless from any claims, damages, actions or causes of action, losses, and expenses, including reasonable attorneys' and expert fees, arising out of or resulting from such reuse. J-U-B shall retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary information on subsequent projects at J-U-B's sole risk. Airports FAA Standard Contract (Rev 40219) Page 3 FAA Agreement_2019 4.02 DELEGATION OF DUTIES Neither the CLIENT nor J-U-B shall delegate, assign, sublet or transfer their respective duties under this Agreement without the prior written consent of the other. 4.03 GENERAL A. Should litigation occur between the two parties relating to the provisions of this Agreement, court costs and reasonable attorney fees incurred shall be borne by their own party. B. Neither party shall hold the other responsible for damage or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the reasonable control of the other or the other's employees and agents. C In the event any provisions of this AGREEMENT shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties One (1) or more waivers by either party or any provision, term, condition, or covenant shall not be construed by the other party as a waiver of subsequent breach of the same by the other party. D J-U-B shall render its services under this AGREEMENT in accordance with generally accepted professional practices and Standard of Care. J-U-B makes no other warranty for the work provided under this AGREEMENT. E. Any opinion of the estimated construction cost prepared by J-U-B represents its judgment as a design professional and is supplied for the general guidance of the CLIENT. Since J-U-B has no control over the cost of labor and material, or over competitive bidding or market conditions, J-U-B does not guarantee the accuracy of such opinions as compared to Contractor bids or actual costs to the CLIENT. F. Any notice or other communications required or permitted by this contract or by law to be served on, given to, or delivered to either party hereto by the other party shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the party to whom it is addressed or, in lieu of such personal service, when deposited in the United States mail, certified mail, return receipt requested, addressed to the CLIENT at 129 No. 2nd Street, Yakima, WA 98901 and to J-U-B at W. 422 Riverside, Suite 304, Spokane, Washington, 99201. Either party, the CLIENT or J-U-B, may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. G. In soils investigation work and determining subsurface conditions for the PROJECT, the characteristics may vary greatly between successive test points and sample intervals. J-U-B will coordinate this work in accordance with generally accepted engineering practices and makes no other warranties, expressed or implied, as to the professional advice furnished by others under the terms of this AGREEMENT. 4.04 MEDIATION BEFORE LITIGATION Any and all disputes arising out of or related to the Agreement, except for the payment of J-U-B's fees, shall be submitted to nonbinding mediation before a mutually acceptable mediator as a condition precedent to litigation or other binding adjudicative procedure unless the parties mutually agree otherwise The CLIENT further agrees to include a similar mediation provision in all agreements with independent contractors, consultants, subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for mediation as the primary method for dispute resolution among all the parties involved in the Project. In the event the parties are unable to agree on a mediator, said mediator shall be appointed by a court of competent jurisdiction or, if not possible, the American Arbitration Association If a dispute relates to, or is the subject of a lien arising out of J-U-B's Services, J-U-B or its subconsultants may proceed in accordance with applicable law to comply with the lien notice and filing deadlines prior to submission of the matter by mediation. This Contract shall be governed by and interpreted under the laws of the State of Washington The parties agree that in the event it becomes necessary to enforce any of the terms and conditions of this Contract that the forum, venue and jurisdiction in that particular action shall be in Yakima County, Washington. Airports FAA Standard Contract (Rev 40219) Page 4 FAA Agreement_2019 4.05 INSURANCE AND INDEMNITY (See Attachment 2 — Special Provisions) A. J-U-B's Insurance. J-U-B agrees to procure and maintain, at its expense, Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damages, and Professional Liability Insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Contract caused by negligent acts, errors, or omissions for which J-U-B is legally liable, subject to and limited by the provisions in Subsection 5.01D, "Allocation of Risks", if any. J-U-B shall deliver to the CLIENT, prior to execution of the AGREEMENT by the CLIENT and prior to commencing work, Certificates of Insurance, identified on their face as the Agreement Number to which applicable, as evidence that policies providing such coverage and limits of insurance are in full force and effect. J-U-B shall acquire and maintain statutory workmen's compensation coverage. Thirty (30) days advance notice will be given in writing to the CLIENT prior to the cancellation, termination, or alteration of said policies of Insurance. B. Indemnification by J-U-B. To the fullest extent permitted by law, J-U-B shall indemnify and hold harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of CLIENT, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act, error, or omission of J-U-B or J-U-B's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by CLIENT and J-U-B in Subsection 5.01 D, "Allocation of Risks," if any. C. Indemnification by CLIENT. To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless J-U-B, J-U-B's officers, directors, partners, agents, employees, and Consultants from and against any and all claims costs, losses, and damages (including but not limited to all fees and charges of J-U-B, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act, error, or omission of CLIENT or CLIENT's officers, directors, or employees, retained by or under contract to the CLIENT with respect to this AGREEMENT or to the PROJECT. D Allocation of Risks. The CLIENT and J-U-B have discussed the risks, rewards and benefits of the project and the design professional's total fee for services The risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of fees paid to J-U-B under this Agreement. Such causes include, but are not limited to J-U-B's negligence, errors, omission and strict liability Neither CLIENT nor J-U-B shall be responsible for incidental, indirect or consequential damages. E. J-U-B reserves the right to obtain the services of other consulting engineers and consultants experienced in airport work to prepare and execute a portion of the work that relates to the PROJECT. F. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against J-U-B. 4.06 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the CLIENT and J-U-B Airports FAA Standard Contract (Rev 40219) Page 5 FAA Agreement_2019 ARTICLE 5 FAA FEDERAL CLAUSES 5.01 SUCCESSORS AND ASSIGNMENTS A. The CLIENT and J-U-B each binds itself and its 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 It is understood by the CLIENT and J-U-B 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 CLIENT and the FAA under a Grant Agreement for the PROJECT. C. This Agreement may not be assigned except upon specific prior written consent of the CLIENT. 5.02 TERMINATION A. TERMINATION FOR CONVENIENCE The CLIENT may, by written notice to J-U-B, terminate this Agreement for its convenience and without cause or default on the part of J-U-B. Upon receipt of the notice of termination, except as explicitly directed by the CLIENT, J-U-B must immediately discontinue all services affected. Upon termination of the Agreement, J-U-B must deliver to the CLIENT all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by J-U-B under this contract, whether complete or partially complete. CLIENT agrees to make just and equitable compensation to J-U-B for satisfactory work completed up through the date J-U-B receives the termination notice. Compensation will not include anticipated profit on non -performed services CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. B. TERMINATION FOR DEFAULT Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach The terminating party must provide the breaching party 7 days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by CLIENT: The CLIENT may terminate this Agreement in whole or in part, for the failure of J-U-B to• 1 Perform the services within the time specified in this contract or by CLIENT approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, J-U-B must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, J-U-B must deliver to the CLIENT all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by J-U-B under this contract, whether complete or partially complete. Airports FAA Standard Contract (Rev 40219) Page 6 FAA Agreement_2019 CLIENT agrees to make just and equitable compensation to J-U-B for satisfactory work completed up through the date J-U-B receives the termination notice. Compensation will not include anticipated profit on non -performed services. CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause If, after finalization of the termination action, the CLIENT determines J-U-B was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the CLIENT issued the termination for the convenience of the CLIENT. b) Termination by Consultant. J-U-B may terminate this Agreement in whole or in part, if the CLIENT. 1 2. 3. Defaults on its obligations under this Agreement; Fails to make payment to J-U-B in accordance with the terms of this Agreement; Suspends the Project for more than 120 days due to reasons beyond the control of J-U-B. Upon receipt of a notice of termination from J-U-B, CLIENT agrees to cooperate with J-U-B for the purpose of terminating the agreement or portion thereof, by mutual consent. If CLIENT and J-U-B cannot reach mutual agreement on the termination settlement, J-U-B may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the CLIENT's breach of the contract. In the event of termination due to CLIENT breach, the Engineer is entitled to invoice CLIENT and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by J-U-B throughthe effective date of termination action. CLIENT agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 5.03 CERTIFICATIONS OF J-U-B AND CLIENT A. The CLIENT and J-U-B hereby certify that J-U-B has not been required, directly or indirectly, as an expressed or implied condition in connection with obtaining or carrying out this contract, to 1 employ or retain, or agree to employ or retain, any firm or persons, or 2. pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind B. A signed "Certificate for Contracts, Grants, Loans, and Cooperative Agreements" is included with this agreement. 5.04 TAX DELINQUENCY AND FELONY CONVICTIONS J-U-B certifies, by submission of this proposal or acceptance of this contract, that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. J-U-B further represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 5.05 CIVIL RIGHTS GENERAL J-U-B 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 disability, be excluded from participating in any activity conducted with or benefiting from Federal assistance. Airports FAA Standard Contract (Rev 40219) Page 7 FAA Agreement_2019 This provision binds J-U-B and subtier consultants from the 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 5.06 CIVIL RIGHTS TITLE VI - NONDISCRIMINATION REQUIREMENTS During the performance of this contract, J-U-B, for itself, subconsultants, its assignees and successors in interest, agrees as follows - A. Compliance with Regulations. J-U-B will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Non-discrimination. J-U-B, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment. J-U-B will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities , including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21 C Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by J-U-B for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier will be notified by J-U-B of J-U-B's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin D Information and Reports. J-U-B 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 CLIENT or the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities, and instructions. Where any information required of J-U-B is in the exclusive possession of another who fails or refuses to furnish this information, J-U-B will so certify to the CLIENT 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 J-U-B's noncompliance with the non-discrimination provisions of this contract, the CLIENT will impose such contract sanctions as it or the FAA, may determine to be appropriate, including, but not limited to• 1 withholding of payments to J-U-B under the contract until J-U-B complies, and/or 2. cancellation, termination, or suspension of the contract, in whole or in part. F Incorporation of Provisions. J-U-B will include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, Regulations and directives issued pursuant thereto. J-U-B will take such action with respect to any subcontract or procurement as the CLIENT or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance Provided, that if J-U-B becomes involved in, or is threatened with, litigation by a subconsultant or supplier as a result of such direction, J-U- B may request the CLIENT to enter into such litigation to protect the interests of the CLIENT. In addition, J-U-B may request the United States to enter into such litigation to protect the interests of the United States. 5.07 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract, J-U-B, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to. • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation —Effectuation of Title VI of The Civil Rights Act of 1964), Airports FAA Standard Contract (Rev 40219) Page 8 FAA Agreement_2019 • 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); • 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, • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • 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); • 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); • Titles II 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; • The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-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; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP) To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed Reg. at 74087 to 74100), • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 5.08 DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part 26) A. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the CLIENT to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The CLIENT encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. B Contract Assurance (§26.13) J-U-B shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. J-U-B shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by J-U-B 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. C. Prompt Payment (§26 29). J-U-B agrees to pay each consultant under this agreement for satisfactory performance of its contract no later than 30 days from the receipt of each payment J-U-B receives from the CLIENT. J-U-B agrees further to return retainage payments to each subconsultant within 30 days after the subconsultant'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 CLIENT This clause applies to both DBE and non -DBE subconsultants Airports FAA Standard Contract (Rev 40219) Page 9 FAA Agreement_2019 5.09 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49 CFR Part 20, Appendix A) A. No Federal appropriated funds shall be paid, by or on behalf of J-U-B, 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 grant, contract, loan, or cooperative agreement. B If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal contract, loan, grant, or cooperative agreement, J-U-B shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions C J-U-B shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 5.10 EQUAL OPPORTUNITY CLAUSE During the performance of this contract, J-U-B agrees as follows: (1) J-U-B will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. J-U-B will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. J-U-B agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) J-U-B will, in all solicitations or advertisements for employees placed by or on behalf of J-U-B, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin (3) J-U-B will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of J-U-B's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) J-U-B will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor (5) J-U-B will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of J-U-B's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and J-U-B may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law J-U-B will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted (7) Airports FAA Standard Contract (Rev 40219) Page 10 FAA Agreement_2019 by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. J-U-B will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event J-U-B becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency J-U-B may request the United States to enter into such litigation to protect the interests of the United States. 5.11 ACCESS TO RECORDS AND REPORTS J-U-B must maintain an acceptable cost accounting system J-U-B agrees to provide the CLIENT, the FAA, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of J-U-B which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. J-U-B 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. 5.12 TRADE RESTRICTION CERTIFICATION (49 CFR Part 30) By submission of an offer, J-U-B 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 as published by the Office of the United States Trade Representative (U S.T.R.); 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 U.S.T.R; and C has not entered into any subcontract for any product to be used on the Federal public works project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U S.T.R. 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. J-U-B must provide immediate written notice to the CLIENT if J-U-B learns that its certification or that of a subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. J-U-B shall require subconsultants provide immediate written notice to J-U-B 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 subconsultant: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or 2) whose subconsultants are owned or controlled by one or more citizens or nationals of a foreign country on such U S.T.R. list or 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. 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 consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J-U-B agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. J-U-B may rely on the certification of a Airports FAA Standard Contract (Rev 40219) Page 11 FAA Agreement_2019 prospective subconsultant that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T R, unless J-U-B 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 J-U-B or subconsultant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the CLIENT cancellation of the contract or subcontract for default at no cost to the CLIENT or the FAA. 5.13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION J-U-B certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. For each lower tier subcontract that exceeds $25,000 as a "covered transaction", J-U-B shall 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. J-U-B will accomplish this by: 1) Checking the System for Award Management at website: http.//www.sam.gov 2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3) Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non -compliant participant. 5.14 OCCUPATIONAL 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. J-U-B shall provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee J-U-B retains full responsibility to monitor its compliance and their subconsultant's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). J- U-B will address any claims or disputes that pertain to a referenced requirement directly with the U.S Department of Labor — Occupational Safety and Health Administration. 5.15 FEDERAL FAIR LABOR STANDARDS ACT All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers J-U-B has full responsibility to monitor compliance to the referenced statute or regulation. J-U-B will address any claims or disputes that arise from this requirement directly with the U.S Department of Labor — Wage and Hour Division. 5.16 VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), J-U-B and all sub -tier consultants 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. Airports FAA Standard Contract (Rev 40219) Page 12 FAA Agreement_2019 5.17 TEXTING WHILE DRIVING. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" and DOT Order 3902.10 "Text Messaging While Driving" 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. J-U-B has in place a policy within J-U-B Accident Prevention plan that prohibits all employees from texting and driving. J-U-B shall include these policies in each third party subcontract involved on this project. 5.18 HUMAN TRAFFICKING A. J-U-B, J-U-B's employees, and subcontractors may not engage in severe forms of trafficking in persons during the period of time that the FAA award is in effect, procure a commercial sex act during the period of time that the award is in effect, or use forced labor in the performance of the award or sub -awards under the award B. For the purpose of this award term, "employee" includes: 3. An individual employed by you or a sub -recipient who is engaged in the performance of the project or program under this award 4 Another person engaged in the performance of the project or program under this award and not compensated by you, including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. C. For the purposes of this award term only, "forced labor" means labor obtained by any of the following methods. the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. D. For the purposes of this award term only, "severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at Section 103 of the TVPA, as amended (22 U.S.C. 7102). 5.19 ENERGY CONSERVATION J-U-B and any subconsultants 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.0 6201et seq). 5.20 PROHIBITION OF SEGREGATED FACILITIES (1) J-U-B agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. J-U-B agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (2) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes (3) J-U-B shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. Airports FAA Standard Contract (Rev 40219) Page 13 FAA Agreement_2019 IN WITNESS WHEREOF, the CLIENT and J-U-B hereto have made and executed this AGREEMENT as of the day and year first above written. CLIENT: CITY OF YAKIMA ATTEST ttA s no ya Claar-Tee BY. Name: Cliff Moore Title: City Manager • J-U-B: Name. Chuck A. La Title: Chairman Applicable Attachments or Exhibit to this Agreement are Indicated as marked • Certification For Contracts Grants, Loans, and Cooperative Agreements J-U-B Debarment Lookup • Attachment 1 — Scope of Services, Basis of Fee and Schedule ® Attachment 1A— Detailed Scope of Work ® Attachment 1 B — Fee Breakdown ® Attachment 2 — Special Provisions ® Exhibit A— Construction Phase Services 0 e: City Clerk CITY CONTRACT NO: RESOLUTION NO: AO (� _ 0 Li 9 Name. Brooke Holm Title: Office Administrator Airports FAA Standard Contract (Rev 40219) Page 14 FM Agreement_2019 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, 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 undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the 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 of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure Signed Title* Sponsor's t orized Representative fttautageR Date: 54-1, Airports FAA Standard Contract (Rev 40219) Page 15 FAA Agreement_2019 A NEW WAY TO SIGN IN - If you already have a SAM account, use your SAM email for login.gov. ® Log In Login.gov FAQs ® ALERT June 11, 2018: Entities registering in SAM must submit a notarized letter appointing their authorized Entity Administrator Read our updated FAQs to learn more about changes to the notarized letter review process and other system improvements. ® ALERT SAM.gov will be down for scheduled maintenance Saturday, 05/11/2019, from 8:0o AM to 1:0o PM (EDT). ® ALERT CAGE is currently experiencing a high volume of registrations, and is working them in the order in which they are received. When your registration is assigned to a CAGE Technician, you will be contacted by CAGE, if necessary, for any additional information. Entity Dashboard • Entity Overview E• wa y g1 Station • Core Data • Assertions • )fps & Certs • POCs • Exclusions • Active Exclusions • Inactive Exclusions • Excluded Family Members [RRETURPi TO -STARCH J-U-B ENGINEERS, INC. DUNS: 078408341 CAGE Code: oKJYo Status: Active Expiration Date: 03/12/202O Purpose of Registration. All Awards 250 S Beechwood Dr Ste 201 Boise, ID, 83709-0944 , UNITED STATES Entity Overview Entity Registration Summary Name: J-U-B ENGINEERS, INC. Doing Business As: J-U-B Business Type: Business or Organization Last Updated By: Wendy Givens Registration Status: Active Activation Date: 03/13/2019 Expiration Date: 03/12/2020 Exclusion Summary Active Exclusion Records? No GS`"+, I B M-P-2 0190315-1318 wWW6 Search Records Disclaimers FAPIIS.gov Data Access Accessibility GSA.gov/IAE Check Status Privacy Polity GSA.gov About USA.gov Help This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY - This system is subject to monitoring. Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution. NAM" A NEW WAY TO SIGN IN - If you already have a SAM account, use your SAM email for login.gov. Log In Login.gov FAQs ® ALERT June 11, 2018: Entities registering in SAM must submit a notarized letter appointing their authorized Entity Administrator Read our updated FAQs to learn more about changes to the notarized letter review process and other system improvements. ® ALERT SAM.gov will be down for scheduled maintenance Saturday, 05/11/2019, from 8:0o AM to 1:0o PM (EDT). ® ALERT CAGE is currently experiencing a high volume of registrations, and is working them in the order in which they are received. When your registration is assigned to a CAGE Technician, you will be contacted by CAGE, if necessary, for any additional information. Entity Dashboard • Entity Overview • Entity. egistration r Core Data • Assertions • Reps & Certs • POCs • Exclusions . Active Exclusions • Inactive Exclusions . Excluded Family Members FIRSI'URN:TOSEARCR GSA IBM-P-201y0315i 1318 WWW6 ELCON ASSOCIATES, INC. DUNS: o2y2o04r7 CAGE Code: oDSY2 Status: Active Expiration Date: 04/25/2020 Purpose of Registration. All Awards 12670 NW BARNES RD STE zoo PORTLAND, OR, 97229-9ooi , UNITED STATES Entity Overview Entity Registration Summary Name: ELCON ASSOCIATES, INC. Business Type: Business or Organization Last Updated By: Trista Eckland Registration Status: Active Activation Date: 04/26/2°19 Expiration Date: 04/25/2020 Exclusion Summary Active Exclusion Records? No Search Records Disclaimers FAPIIS.gov Data Access Accessibility GSA.gov/IAE Check Status Privacy Policy GSA.gov About USA.gm Help Phis is a L.S General Services Administration Federal Government computer ,ystcan that is "FOR OFFICIAL USE ONLY "This system is subject to monitoring. Individuals found performing anauthorieed activities are subject to disciplinary action including criminal prosecution. / J4he ENGINEERS, INC. J-U-B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 — Scope of Services, Basis of Fee, and Schedule PROJECT NAME: Runway 9-27 Pavement Maintenance and HIRL Project AIRPORT NAME: Yakima Air Terminal, McAllister Field CLIENT: City of Yakima A.I.P. NUMBER: 3-53-0089-043-2019 J-U-B PROJECT NUMBER. 70-19-010 CLIENT PROJECT NUMBER: ATTACHMENT TO: • AGREEMENT DATED: Click or tap to enter a date.; or ❑ AUTHORIZATION FOR ADDITIONAL SERVICES #X; DATED:. The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B) and the CLIENT is amended and supplemented to include the following provisions regarding the Basis of Fee, and/or Schedule: PART 1 - PROJECT UNDERSTANDING FAA AIP 3-53-0089-043-2019 includes the Project Formulation, Design, Bidding, and Project Closeout Engineering Services for the following work: • Replacement, in kind, of Runway 9/27 high intensity incandescent runway edge/end lights (HIRL) • Replacement of Runway 9/27 series circuit cable, complete • Replace and relocate supplementary wind cone beyond the Runway Safety Area (RSA) • Crack seal, seal coat, and apply markings to Runway 9/27 pavement A detailed Scope of Services is provided in Attachment 1A — Detailed Scope of Work. PART 2 - BASIS OF FEE A. CLIENT shall pay J-U-B for the identified Services in PART 1 as follows: 1. Project Formulation, Preliminary Design, Final Design, Bidding and Project Closeout. The CLIENT shall compensate J-U-B on the basis of a lump sum fee not to exceed One Hundred Forty - Four Thousand, One Hundred Forty Dollars ($144,140 00). See Attachment 1B for a detailed cost breakdown. PART 3 - SCHEDULE OF SERVICES J-U-B will perform all services according to the following schedule. Services described herein are anticipated to be completed by May 1, 2020. This Agreement shall be in effect from April 1, 2019 to May 1, 2020. In the event the services described shall not be completed during the term of this Agreement the Agreement shall be amended. This schedule shall be equitably adjusted as the PROJECT progresses, allowing for changes in scope, character or size of the PROJECT requested by the CLIENT or for delays or other causes beyond J-U-B's control J-U-B Agreement for Professional Services Attachment 1 — FAA Scope of Services, Schedule, and Basis of Fee 40219 Page 1-1 Exhibit(s): • Attachment 1A - Detailed Scope of Work • Attachment 1B Fee Breakdown For internal J-U-B use only: PROJECT LOCATION (STATE). Washington TYPE OF WORK: Federal GROUP: Airport PROJECT DESCRIPTION(S): A. Airport (A05) B. Choose an item. J-U-B Agreement for Professional Services Attachment 1 — FAA Scope of Services, Schedule, and Basis of Fee 40219 Page 1-2 J•U•B ENGINEERS, INC. J-U-B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 A — Detailed Scope of Work PROJECT NAME: Runway 9-27 Pavement Maintenance and HIRL Project AIRPORT NAME: Yakima Air Terminal, McAllister Field CLIENT: City of Yakima A.I.P. NUMBER: 3-53-0089-043-2019 J-U-B PROJECT NUMBER. 70-19-010 CLIENT PROJECT NUMBER: Click or tap here to enter text. ATTACHMENT TO. ® AGREEMENT DATED: Click or tap to enter a date.; or ❑ AUTHORIZATION FOR ADDITIONAL SERVICES #X; DATED: Click or tap to enter a date. The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B) and the CLIENT is amended and supplemented to include the following provisions regarding the Scope of Services, Basis of Fee, and/or Schedule: PART 1 - PROJECT UNDERSTANDING FAA AIP 3-53-0089-043-2019 includes the Project Formulation, Design, Bidding, and Project Closeout Engineering Services for the following work: • Replacement, in kind, of Runway 9/27 high intensity incandescent runway edge/end lights (HIRL) • Replacement of Runway 9/27 series circuit cable, complete • Replace and relocate supplementary wind cone beyond the Runway Safety Area (RSA) • Crack seal, seal coat, and apply markings to Runway 9/27 pavement PART 2 - SCOPE OF SERVICES BY J-U-B J-U-B's Services under this Agreement are limited to the following tasks. Any other items necessary to plan and implement the project, including but not limited to those specifically listed in PART 3, are the responsibility of CLIENT. A. Task 000: Project Formulation Phase 1. Conduct a Pre -design meeting with CLIENT and FAA via teleconference. The meeting will be held to determine the planning and study issues that will need to be addressed during the design of the project. The FAA Predesign Conference Checklist will be the guide for project discussions. Minutes of the Predesign meeting will be compiled and forwarded to the FAA and CLIENT. 2. Assist the CLIENT with Project Scope development and formulation. J-U-B will prepare a Scope of Services narrative and detailed description of all work tasks for CLIENT and FAA review and approval. Discuss review comments and revise accordingly. 3. Upon approval of the Scope of Services, J-U-B will prepare a listing of work tasks in a spreadsheet with "empty cells" for person -hours, hourly rates, expenses, and costs for the project. This spreadsheet will be used for both J-U-B and the Independent Fee estimate J-U-B shall prepare a detailed cost proposal on the spreadsheet, based on estimates of work to accomplish the Scope of Services. Sub -consultant scope of service and fees shall be broken out in order for the CLIENT to evaluate costs are reasonable. J-U-B Agreement for Professional Services Attachment 1A— FAA Detailed Scope of Work Page 1 4. Assist Client with Record of Negotiations documentation. J-U-B shall provide the CLIENT and the Independent Fee Estimator (IFE) with a blank person -hour spreadsheet, Scope of Services, and overall project estimate. 5. Prepare an Agreement for Professional Services for submittal and review by the CLIENT and FAA. The Agreement shall be comprehensive in description of services and responsibilities of all contract parties. 6. Assist CLIENT with preparation and submittal of a FAA Grant Application for Federal Assistance for the project, including estimated project costs, drawings, and a schedule for FAA submittal prior to beginning of the project. 7. Assist CLIENT in the submittal of FAA Sponsor Certifications. These include the "Selection of Consultants", "Project Plans and Specifications", "Drug Free Workplace", "Equipment/Construction Contracts", "Disclosure Regarding Potential Conflicts" and "Construction Project Final Acceptance". 8. Provide the following services related to Federal Disadvantaged Business Enterprise requirements (DBE) a. Annual Reporting (2) 9. Prepare and submit four (4) FAA Quarterly Performance Reports throughout the project, this task will include 2 end of year reports as well 10. Assist CLIENT in preparation and processing of monthly Request for Reimbursement (RFR) by submitting data as described. It is anticipated that the CLIENT will prepare and process eight (8) monthly sets of RFR 'packages' for this project. J-U-B will provide documentation of costs for the CLIENT's use in performing the Request for Reimbursements including consultant invoices, reimbursement spreadsheet and Standard Form 271 B. Task 001: Preliminary Design Phase 1. Investigate the proposed project site at the Airport. Allow civil design personnel to become familiar with the proposed job site. Take photographs, perform a visual survey of the pavement areas, and otherwise document findings of visit. 2. Assemble and review mapping, plans, documents and other available information. 3. Provide or obtain field surveys, which include detailed topographic information of improvement areas for design purposes Coordinate with surveyors to verify that design survey is performed as required. This will include one (1) on -site meeting with surveyors to review project location and safety. The general scope of the survey work will included the following: Topographic survey data will be collected from the centerline of Runway 9-27 to the edge of the shoulder pavement on either side of the runway centerline at 100 ft stations, including the lights, nearby electrical vaults/structures and the runway markings Contract with a private utility locate company to mark known utilities within the survey limits. Collect topographic survey data and structure as -built information for existing drainage, lighting and signing features. Establish supplemental control for the topographic survey Survey will be tied to existing primary (PACs) and secondary (SACs) airport control stations. It is expected that the existing geodetic control stations are recoverable and'in good condition. The survey will have to be coordinated with the Airport Manager for airport access and optimum time to minimize disruption to air traffic The airfield pavements and runway will be open to aircraft, surveyors will have to monitor the local frequency and move out of safety areas for aircraft. The survey shall be conducted in accordance to FAA AC 150/5370-2G safety guidelines. Vertical datum should be in accordance to NAVD 88, and horizontal datum should be in accordance to NAD 83. Vertical tolerances shall be +0.02-feet for paved surfaces and +0.05-feet for unpaved surfaces. Horizontal tolerances shall be +0.03-feet. 4. Coordinate with an electrical subcontractor for edge lighting design This line item shall include the coordination and contracting with a Subconsultant. The Subconsultant fees shall be addressed in the Expenses-Subconsultant Section. Electrical Subcontractor will verify the loading requirements J-U-B Agreement for Professional Services Attachment 1A— FAA Detailed Scope of Work Page 2 for the proposed edge lighting modifications. Any significant alterations of the electrical vault equipment or modification to the building itself based on these load changes will be considered an additional service See attached electrical subconsultant scope of services. 5. Determine the operational and phasing effects of closing the runway during construction. Closing the runway will impact the airport users, FBO's and transient aircraft during the construction period. Study the effects of the various alternatives including night construction, temporary displaced thresholds, or phased construction. Two (2) to five (5) meetings at the Airport will be needed to present preliminary alternatives and phasing plans to the CLIENT and stakeholders. CONSULTANT will assist Airport with tenant presentation to ensure tenants are appraised of the impacts through each phase of construction 6. Consultant will assist in preparing the Airport for discussions with the Air Traffic Office to determine if an SRM panel will be needed for this project. Phasing exhibits and preliminary closure schedules will be developed to facilitate this discussion. 7. Assemble base data and base maps for the project work area from the design survey. 8. Prepare preliminary Design Plans (75% complete) for review and discussion with the CLIENT and FAA. It is anticipated that the project design will consist of 42 plan sheets including: a. Cover and general informational sheets — 3 b. Construction Safety Plan sheets — 2 c. Construction Phasing sheets — 4 d. Demolition Plan sheets — 3 e. Crack seal and seal coat plan sheets — 4 f. Marking Plan sheets — 6 g. Detail sheets — 4 h. Electrical Site Plan — 1 i. Electrical Demolition Plans — 3 j. Lighting and Signing Plan sheets — 6 k. Electrical Detail sheets — 6 9. Prepare preliminary Construction Contract Documents and Technical Specifications based on latest version of FAA AC 150/5370-10H, "Standard Specifications for Construction of Airports" including the current Regional Notice published by the FAA Airports Districts Office. 10 Prepare an Engineer's Opinion of Probable Construction Cost based on construction cost estimates, phasing into workable portions for constructability, budget, and construction schedule and advise the CLIENT as to budget status. 11 Prepare a preliminary Construction Safety and Phasing Plan according to AC 150/5370-2G for evaluation by the CLIENT, Airport, FBO, airport users and agencies An electronic copy will be submitted to the FAA Airport District Office for coordination, review, and approval with other FAA lines of business using the airspace process. a. Coordinate with CLIENT, airport users, FBO, ARFF staff, ATCT, and air carriers to develop phasing alternatives potentially including: phased construction, temporary runway closures, and temporary displaced thresholds. Design Plans and Specifications may include existing pavement marking removal (hydro - blasting), temporary relocated threshold markings and reduced runway lengths. b Estimate construction duration of potential phasing alternatives to determine required closure time(s) to accommodate scheduled air carrier operations a. Attend one (1) meeting at the Airport to present phasing plans to the above referenced Airport users 12. Prepare the preliminary Engineer's Design Report in conformance with FAA guidelines. The report shall include a Summary of the Project and its specific design issues, Project Schedule, reference to the Construction Safety and Phasing Plan, Modification of Standards, Design Analysis, and Construction Cost Estimate and Schedule. J-U-B Agreement for Professional Services Attachment 1A— FAA Detailed Scope of Work Page 3 13. Conduct in-house quality control/quality assurance review of preliminary design documents. 14. Participate in a preliminary design review meeting with the CLIENT. Anticipate two (2) review meetings with the CLIENT at the Airport, attendance by the Project Manager and Engineer. Review design philosophy, preliminary design drawings, design analysis and project schedules with the CLIENT. 15. Prepare and submit one (1) FAA Form 7460 to airspace the project construction equipment. 16. Submit preliminary documents to FAA (1 copy) and CLIENT (2 copies) for approval. C. Task 002: Final Design Phase 1 Finalize bidding contract documents and technical specifications based on Peer, CLIENT, and FAA Reviews 2. Finalize design plans, details, and sections based on Peer, CLIENT, and FAA Reviews. 3 Prepare Final Construction Safety and Phasing Plan (CSPP) to accommodate varying work components that need to meet prescribed schedules 4 Complete final quantity calculations and prepare Engineer's Opinion of Probable Construction Cost. 5. Prepare Final Design Report based on Peer, CLIENT, and FAA Reviews. 6 Submit final documents to FAA (1 copy) and CLIENT (2 copies) for approval D. Task 003: Bidding Phase 1. Administer the public bid advertisement process including bid document reproduction and distribution of documents to plan rooms, contractors and suppliers. Submit advertisements to appropriate newspaper(s) and trade magazines as required for publication. Maintain a "bidders list" and distribute plans as requested. Fees for Plan & Specification Reproduction shall be reflected in the "Printing" line below. 2. Provide Pre -Bid Conference coordination to familiarize bidders and interested parties with the construction project scope and requirements Prepare a detailed agenda and displays, prepare and issue conference minutes. It is anticipated that J-U-B will conduct this meeting at the Airport. 3. Prepare Bid Addendums. Addenda are normally required in response to Contractor questions and/or design changes initiated by the CLIENT and/or the FAA. Engineering estimate includes costs for the preparation of two Addendums. 4. Respond to questions that arise during the Contractor's or supplier's bid preparation process. 5. Assist the CLIENT in conducting the project Bid Opening as required, including preparation of a Project Bid Summary. It is anticipated that J-U-B will coordinate and attend this meeting at City Hall 6. Prepare detailed Bid Tabulations documenting bid results and submit to CLIENT and the FAA. 7. Assist the CLIENT with review and analysis of bids received. J-U-B will determine his opinion on "responsiveness" of bid submittal. Provide letter of recommendation of award along with price/cost analysis in accordance with FAA Order 5100.38D-Appendix U17, Table U-12 to CLIENT. Advise the CLIENT of possible action in cases where bids exceed budget for the work to be performed by the Contractor. 8. Prepare and distribute Notice of Award, Construction Agreement and other contract documents. Review Construction Agreement, bonds and insurance documents submitted by Contractor, and assist CLIENT and Contractor in processing documents for the project. 9. Coordinate with FAA and the CLIENT throughout the award process. Submit bid documentation including copies of all executed contract documents as required by the FAA. J-U-B Agreement for Professional Services Attachment 1A— FAA Detailed Scope of Work Page 4 E. Task 004: Project Closeout 1. Prepare the final project report and close-out documents according to FAA requirements and submit to CLIENT and FAA. 2. Assist and coordinate with independent auditors in locating appropriate documents for performing A-133 annual audit. In addition to finding appropriate project files, answer questions as required. Assumptions: • AGIS Survey/Update is not required. • DBE program requirements, with the exception of annual reporting, will not be included in the scope. • No Environmental Assessment or Environmental Impact Statement is required. The project has been determined to be Categorically Excluded under FAA Order 1050.1 F Paragraphs 5-6.4e and 5-6.3b on 11/27/2018. • A Safety Risk Management panel will not be held as a part of this project unless it is initiated by ATO. • Runway signs, ATCT control panel, and runway regulator (CCR) will not be included in the project scope • Revised Signing, Marking, and Lighting Plans are not required. For internal J-U-B use only: PROJECT LOCATION (STATE): Washington TYPE OF WORK: City GROUP. Airport PROJECT DESCRIPTION(S): A. Airport (A05) B. Other Engineering (204) J-U-B Agreement for Professional Services Attachment IA— FAA Detailed Scope of Work Page 5 ATTACHMENT 1 B PROJECT TITLE: CLIENT: JOB NUMBER: DATE: Runway 9/27 HIRL and Pavement Maintenance City of Yakima 70-18-040 2/22/2019 1 t3• t , t l !.TtlNIA =TE �� �' - 7 TASK No PROJECT TASK Principal $65.00 Proj. Mgr. $46.00 Sr. PE/ Engr Desnr $67.00 $40.00 Design Engr. $35.00 Survey PLS $58.00 Field Survey $35.00 Cadd Oper. $32.00 Cler. $30.00 Trips TOTAL FIRS TASK DIRECT COSTS 1.01.A Project Formulation Phase 'Conduct PreDesign Meeting 0 4 0 8 0 0 0 0 2 14 $564.00 2 Assist with project scope development and formulation 1 8 0 12 0 0 0 0 4 25 $1,033.00 3 Finalize Work Scope, Schedule, Estimate and Contract. 1FE review and approval I 2 0 6 0 0 0 0 2 11 $457.00 4 Assist with Record of Negotiations 0 2 0 0 0 0 0 0 0 2 $92.00 5 Prepare Agreement for Professional Services 4 6 0 6 0 0 0 0 4 20 $896.00 6 Assist with FAA Grant Application & Schedule 0 4 0 4 4 0 0 0 6 18 $664.00 7 Assist with FAA sponsor certs 0 1 0 2 2 0 0 0 2 7 $256.(X) 8 Assist with Federal Disadvantaged Business Enterprise requirements (DBE) Prepare annual reports (2) 0 0 0 0 5 0 0 0 0 5 $175.00 9 Prepare and submit four (4) quarterly reports 0 2 0. 0 6 0 0 0 0 8 $302.00 io Prepare and submit RFRs 0 8 0 10 16 0 0 0 2 36 $1,388.00 1.01 B Preliminary Design Phase Investigate proposed project site 0 8 0 20 20 0 0 4 2 1 54 $2,056.00 2 Assemble & review mapping, plans document & other available information 0 6 0 6 2 0 0 0 2 _ 16 $646.00 3 Topographic survey 1 Obtain Field Survey and Utility Locates 0 2 0 4 4 8 22 16 4 2 60 $2,258.00 Establish supplemental control 0 0 0 0 0 0 2 0 0 2 $70.00 Electrical Subeonsultant Coordination 0 2 0 8 12 0 0 0 4 26 $952.00 5 Operational and phasing effects of closing runway 0 4 4 24 16 0 0 6 4 58 $2,284.00 6 Assist Client with SRM panel discussion 4 0 4 0 0 0 0 0 2 10 $588.00 CADD base mapping 0 2 0 2 6 2 0 20 2 34 $1,198.00 8 Preliminary plans, details & sections 0 2 0 16 20 0 0 24 4 66 $2,320.00 `' Prepare preliminary bidding contract documents & specifications 0 2 1 8 20 0 0 b 4 41 $1,491.00 Attachment 1 B - Fee Breakdown Master YKM Pavement and HIRL 2 22 2019 Page A2-1 ATTACHMENT 1 B PROJECT TITLE: CLIENT: JOB".NUMBER: DATE: Runway 9/27 HIR1., and Pavement Maintenance City of Yakima 70-18-040 2/22/2019 gJtI3'lirti ,! s'll11r11t :`:' " " LL ' y TASK NO PROJECT TASK Principal $65.00 Proj. Mgr. $46.00 Sr. Engr $67.00 PE/ Desnr $40.00 Design Engr. $35.00 Survey PLS $58.00 Field Survey $35.00 Cadd Oper. $32.00 Cler. $30.00 Trips TOTAL HRS TASK DIRECT COSTS '0 Prepare preliminary construction cost estimates 0 2 1 2 5 0 0 0 2 12 $474.00 "' Prepare Construction Safety & Phasing Plan (CSPP) 0 2 0 8 16 0 0 6 4 36 $1,284.00 12 Prepare Preliminary Design Reporl, 0 2 0 8 20 0 0 0 2 32 $1,172.00 13 In-house QAIQC 2 1 2 0 0 0 0 0 2 7 $370.00 4 Preliminary design review meeting (2) 2 4 4 8 8 0 0 2 6 2 34 $1,426.00 Prepare and submit FAA Form 7460 0 0 0 0 4 0 0 2 2 8 S264.00 '^ Submit Design Report, Plans and Contract Documents 0 0 0 8 4 0 0 2 4 18 $644.00 1.01C Final Design Phase Revise plan sets and contract documents 0 0 0 4 8 0 0 4 0 16 $568.00 2 Finalize design plans, details & sections 0 0 0 2 2 0 0 4 0 8 $278.00 Prepare final Construction Safety & Phasing Plan (CSPP) 0 0 0 2 2 0 0 2 0 6 $214.00 4 Final quantity calcs & Engineer's Opinion of Probable Construction Cost 0 I 1 2 2 0 0 0 0 6 $263.00 5 Prepare finaI.design report 0 1 0 2 4 0 0 0 1 8 $296.00 Submit final documents to FAA & Client 0 0 0 1 1 0 0 0 2 4 $135.00 1.01D Bidding Phase 1 Bid advertisement 0 4 0 0 0 0 0 0 10 14 $484.00 2 Pre -bid conference coordination 0 8 0 8 4 0 0 0 0 1 20 $828.00 3 Prepare addenda as necessary 0 1 0 2 6 0 0 2 1 12 $430.00 4 Respond to bidder questions 0 4 0 4 8 0 0 0 0 16 $624.00 s Assist with bid opening 0 8 0 8 0 0 0 0 0 1 16 $688.00 ri Prepare detailed bid tabulation 0 2 0 2 0 0 0 0 2 6 $232.00 7 Assist Client with review and analysis of bids 0 2 1 1 0 0 0 0 2 6 $259.00 8 Assist with Notice of Award and contract execution 0 2 0 6 0 0 0 0 1 9 $362.00 7 Coordination with FAA and Client during award process 0 2 0 1 0 0 0 0 2 5 $192.00 1.01E Project Closeout Phase Attachment 1 B - Fee Breakdown Master YKM Pavement and HIRL 2 22 2019 Page A2-2 ATTACHMENT 1 B PROJECT TITI.E: CLIENT: JOB NUMBER: DATE: Runway 9/27 HIRL and Pavement Maintenance City of Yakima 70-18-040 2/22/2019 .1 13 1i t.�iC:l:STLt liS.I. L F 'i I1VIA. Principal Proj. Sr. PE/ Design Survey Field Cadd TASK TASK Mgr. Engr Desnr Engr. PLS Survey Oper. Cler. Trips TOTAL DIRECT No PROJECT TASK $65.00 $46.00 $67.00 $40.00 $35.00 $58.00 $35.00 $32.00 $30.00 FIRS COSTS ' Prepare final project report and closeout documents 0 2 0 10 16 0 0 0 8 36 $1,292.00 2 Assist and coordinate with independent auditors (A-133 annual audit) 0 1 0 0 0 0 0 0 4 5 $166.00 Sub -Total Design 14 114 18 225 243 10 24 100 105 7 853 $32,635.00 LABOR: Labor Subtotal 14 114 18 225 243 10 24 100 105 7 853 $32,035.00 Direct Overhead 188.25% $61,435.39 Fixed Fee 15.0% $14,110.56 Total Labor + Overhead + Fixed Fee 1 $108,180.95 Cost Air Ground Trip EXPENSES: Per Unit Trips Trips Days Miles Markup Air Travel $600.00 0 1.0 $0.00 Mileage $0.580 7 410 1.0 $1,664.60 Per Diem $46.00 0 1.0 $0.00 Lodging $83.00 0 1.0 $0.00 GPS Survey Unit $18.31 6 1.0 $109.86 Printing $0.00 1.1 $0.00 SUBCONSULTANTS: 1 Elcon Associates, Inc. $34,184 1.0 $34,184.00 $0 1 0 $0.00 Subtotal - Labor + Overhead + Fixed Fee $108,180.95 Subtotal - Expenses $1,774.46 Subtotal - Subconsultants $34,184.00 Total - Project Formulation, Preliminary Design, Final Design, Bidding & Project Closeout $144,140.00 Attachment 1 B - Fee Breakdown Master YKM Pavement and HIRL 2 22 2019 Page A2-3 (JUB J•U•B ENGINEERS, INC. J-U-B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Attachment 2 — Special Provisions Client Name. City of Yakima, Yakima Air Terminal, McAllister Field Project: Runway 9/27 Pavement Maintenance A.I.P. # 3-53-0089-43-2019 The TERMS AND CONDITIONS of the FAA Agreement for Professional Services dated are amended to include the following Special Provisions' For the purposes of this attachment, 'Agreement for Professional Services' and 'the Agreement' shall refer to the document entitled 'FAA Agreement for Professional Services,' executed between J-U-B and CLIENT to which this exhibit and any other exhibits have been attached FAA AGREEMENT 4.05 INSURANCE AND INDEMNITY Delete Section 4.05 in its entirety and replace with the following: 4.05 INSURANCE AND INDEMNITY A. Insurance. 1. During performance of the Services, J-U-B shall secure and maintain in effect insurance to protect the CLIENT and J-U-B from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. J-U-B shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CLIENT reserves the right to require higher limits should it deem it necessary in the best interest of the public. 2. Commercial General Liability Insurance. Before this Contract is fully executed by the parties, J-U-B shall provide the CLIENT 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 (per project) The policy shall include employers liability (Washington Stop Gap). 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 CLIENT, its elected officials, officers, agents, employees, and volunteers as additional insureds. 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. J-U-B FAA Agreement for Professional Services YAKIMA Attachment 2 — Special Provisions - FAA (REV 4/2/19) Page 2-1 (*PUB J.U•B ENGINEERS, INC. 3. Commercial Automobile Liability Insurance. a. If J-U-B owns any vehicles, before this Contract is fully executed by the parties, J-U-B shall provide the CLIENT 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 J-U-B does not own any vehicles, only "Non -owned and Hired Automobile Liability' will be required and may added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 2 entitled "Commercial Liability Insurance". c. Under either situation described above in Section 3.a and Section 3 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 Contract. The policy shall name the CLIENT, its elected officials, officers, agents, employees, and volunteers as additional insureds 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. 4. Professional Liability Coverage Before this Contract is fully executed by the parties, J-U-B shall provide the City 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. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. B. Indemnification by J-U-B. To the fullest extent permitted by law, J-U-B shall indemnify, defend, and hold harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of CLIENT, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the Toss of use resulting there from, but only to the extent caused by any negligent act, error, omission of, or willful misconduct of J-U-B or J-U-B's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by CLIENT and J-U-B in Subsection 4.05D, "Allocation of Risks," if any. J-U-B's costs associated with the defense requirement shall be proportional to J-U-B's negligence as determined by the trier of fact. C. Indemnification by CLIENT. To the fullest extent permitted by law, CLIENT shall indemnify, defend, and hold harmless, J-U-B, J-U-B's officers, directors, partners, agents, employees, and Consultants from and against any and all claims costs, losses, and damages (including but not limited to all fees and charges of J-U-B, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is J-U-B FAA Agreement for Professional Services YAKIMA Attachment 2 — Special Provisions - FAA (REV 4/2/19) Page 2-2 (JUB J•U•B ENGINEERS, INC. attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act, error, omission of, or willful misconduct of CLIENT or CLIENT's officers, directors, or employees, retained by or under contract to the CLIENT with respect to this AGREEMENT or to the PROJECT. CLIENT's costs associated with the defense requirement shall be proportional to CLIENT's negligence as determined by the trier of fact. D. Allocation of Risks The CLIENT and J-U-B have discussed the risks, rewards and benefits of the project and the design professional's total fee for services. The risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of Two Million Dollars ($2,000,000). Such causes include, but are not limited to J-U-B's negligence, errors, omission, or willful misconduct and strict liability. E. J-U-B reserves the right to obtain the services of other consulting engineers and consultants experienced in airport work to prepare and execute a portion of the work that relates to the PROJECT. F. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against J-U-B. J-U-B FAA Agreement for Professional Services YAKIMA Attachment 2 — Special Provisions - FAA (REV 4/2/19) Page 2-3 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.E. For Meeting of: May 7, 2019 ITEM TITLE: Resolution authorizing an Engineering Services agreement with JUB Engineering, Inc. for Engineering Services to rehabilitate the Runway 9/27 High Intensity Runway Lighting system SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149. SUMMARY EXPLANATION: The airport's primary runway edge lighting system is reaching the end of it's useful life as outlined by the Federal Aviation Administration. This system is an essential function to allow aircraft to depart and land during inclement weather and hours of darkness. Additionally, the asphalt encompassing the Runway was rehabilitated in 2010 and requires preventative maintenance in order to maximize the life expectancy of the Runway. J UB Engineering, Inc. will assist the airport with project formulation, design, bidding services, and submission of grant application in order to receive Federal assistance to rehabilitate the Runway's lighting system and asphalt maintenance in 2020 in an amount not to exceed $144,140.00. Project will be funded ninety percent through the Airport Improvement Program and the remaining funds will come from the airport's Passenger Facility Charge. General funds will not be utilized during this project. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: 2 N/A ATTACHMENTS: Description Upload Date Type D Re5olotion 4 33'2019 Resolution D JUE1 Agrixmcnt 413012013 Ccri rAct CIP DATA SHEET AIRPORT ~ Yakima Air Terminal - McAllister FieldILOCI.O�QYKM LOCAL5PRIORITY 1 +�c PR07EGTiDESCRIP.TI(� .�, Runway 9/27 Pavement Maintenance and HIRL Replacement -Construction PL`ANNED"YEA.130: ^/ CONSTRUCT200 SKETCH 0 JUSTIFICATION ,'41 The existing Runway 9/27 Lighting System is reaching the end of its useful life and requires replacement. Runway 9/27 will be crack sealed and seal coated as preventative maintenance to extend the life of the pavement. The auxiliary wind -cone located off Runway 9 is located in the safety area and requires relocation to meet safety area standards COST ESTIMATE ADMINISTRATION ENGINEERING INSPECTION $ 5.000.00 1. Construction Si 230.000 4 $ $160,000 2 $ 5 $ $ 3 $ TOTAL: $1,395,000 Federal,'("%%)I$ 1,255,500 u astafe� 69,750 $ 69,75o SPONSOR VERIFICATION For each and every project as applicable CITY CONTRACT NO: %2O J cl -I -I I RESOLUTION NO' FC —a01141 '"y`1 Date (see instruction sheet or attached comments for more information) Mar '15 -Date of approved ALP with project shown Nov '18 -Date of environmental determination (ROD, NSI, CatEx) N/A -Date of land acquisition or signed purchase agreement N/A N/A -Date of pavement maintenance program -Date of Benefit Cost Analysis (BCA) as requi ed SPONSOR'S SIGNATURE PRINTED NAME. Alex Meyerhoff PHONE NUMBER (509) 575-6149 DATE. t\j O TITLE Interim City Manager EMAIL. alex.meyerhoff@yakimawa.gov FAA USE ONLY PREAPP,NUMBER$- RANT 6UN,1BER.:0 WORK`CODE `FAA" PRIORITY, ` FEDERAL-$ ` .. INSTRUCTIONS FOR COMPLETING CAPITAL IMPROVEMENT PLAN DATA SHEET A Capital Improvement Plan (CIP) Data Sheet must be submitted for each major work item that is requesting Federal assistance over the next 5 years. Submittal of this information is necessary to effectively administer the Airport Improvement Program HEADER INFORMATION - Include the name of the airport, the LOCID, the local priority of the requested work, the project description and the desired Federal fiscal year (October 1st to September 30th) that you desire the project. SKETCH - Color -coded sketch that depicts and identifies the scope of the proposed project. An aerial photo can be used as long as it shows the proposed project information. JUSTIFICATION - Answers the questions of what it is, why is it needed and what is the benefit. This is a very important part of your Capital Improvement Plan. The information is required to accurately determine the eligibility of your project and its priority for funding. Projects without adequate justification cannot be added to the CIP To help you prepare solid justification we have compiled the following list of suggestions, which you can use to support your assessment of the need for this project. Be sure to list all reasons and needs for your project and include a detailed description of existing conditions. Use extra pages if needed For pavement rehabilitation include the age of the pavement, distresses, Pavement Condition Index (PCI) Rating (may be able to obtain this info from ODA), or any other factor that would affect pavement life. Include type of pavement (apron, runway) and dimensions (linear feet and width or square footage). Also include what you have done to maintain the pavement over its lifetime and the date of the last major rehabilitation (i.e. overlays, sealcoats, etc.) New taxiways/taxilanes — what will this taxiway/taxilane serve? Does it serve a hangar area? Is it a parallel taxiway? What width are you proposing? If you propose a width that is wider than FAA standards, indicate how that additional pavement will be funded. For Apron Expansion indicate the current size of the apron and what you plan to add Indicate why you need more apron space and how the apron area will be used (tie down area, etc) For fencing projects — indicate the height of the fence and lineal footage. Also, explain why the fence is needed (i.e. deer fencing, security, etc) Land acquisition explain what the land is needed for — approach protection? Development such as a new hangar area? Also include if it is fee or easement. Include parcel numbers and acreage of those parcels. Please state if residences or businesses will be acquired. For Arrival/Departure Building, provide what type of facility you currently have and what you plan to build (square footage, types of rooms) COST ESTIMATE - The estimate of total cost including the Federal, State and Local shares. For first year projects, attach a detailed cost estimate showing unit costs, aggregate in square yards (S.Y.), concrete paving in square yards (S.Y ) and asphaltic paving in tons. Separate the costs for land acquired in fee and land acquired in easement. Note if the project is dependent on other sources of funding (i.e. other agency grants) SPONSOR VERIFICATION - The verification that the project is properly planned and is ready to "go" within the first year of the CIP for applicable projects. Except for equipment acquisition, proposed development and land acquisition must be shown on an approved ALP, have cleared environmental processing, and the land already acquired or have a signed purchase agreement. These requirements must be completed before a project can be considered for upcoming year funding. For the 2nd and 3rd years of the CIP program, the sponsor should be working towards satisfying these requirements. Date each item verifying that all project requirements are satisfied (check marks are not acceptable).