HomeMy WebLinkAboutR-2020-041 Yakima Air Terminal-McAllister Field; Runway 9/27 Pavement Maintenance Project; Construction Services Agreement with JUBRESOLUTION NO. R-2020-041
A RESOLUTION
authorizing a Construction Services Agreement with JUB Engineering, Inc for
Construction Services to rehabilitate the Runway 9/27 High Intensity Runway
Lighting system and asphalt repairs
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 -McAllister Field and the residents of the City to enter into an Construction Services Agreement
with JUB Engineering, Inc , attached hereto and incorporated herein by this reference, to provide
construction management replacing Runway 9/27 High Intensity Runway Edge Lights with LED edge
lights, replacement of Runway 9/27 series circuit cable, relocation of supplementary windcone for
Runway 9, crack and fog seal 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 $151,479 00 of
federal grant funds and approximately $16,831.00 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 Construction
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 2020-2021 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
Construction Services Agreement with JUB Engineering, Inc. in the amount not to exceed one hundred
sixty-eight thousand three hundred ten dollars ($168,310 00), to provide Construction 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 3-53-0089-45
ADOPTED BY THE CITY COUNCIL this 7th duo , `y20
1'
P1yers, NJ:yor
AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT)
FY 2020 HIRL and Runway 9/27 Pavement Maintenance Project, A.I.P. 3-53-0089-045-2020
Yakima Air Terminal, Yakima, Washington
THIS AGREEMENT is effective as of the 7th day of April, 2020 by and between, City of Yakima, 129
N 2"a 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 provide construction engineering services for the HIRL and
Pavement Maintenance 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 applicable standard of care. 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 applicable standard of care This
schedule shall 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 fumish, 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 of the
Contractor
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ARTICLE 2
CLIENT'S RESPONSIBILITIES
2.01 CLIENT'S 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 CLIENTS 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 CLIENTS 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 aII 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
L. When identified in the construction contract documents, provide construction surveys and materials
testing by the successful contractor
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
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performance furnished to and approved by the CLIENT All claims for payment will be submitted in a form
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 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 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 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.
C. When the CLIENT directs that competitive bids be taken for construction on alternate designs,
where this involves the preparation of designs, plans, and specifications for alternate facilities, the
compensation to J-U-B shall be an additional payment to be negotiated at the time the CLIENT
directs that alternative designs, plans, and specifications be prepared, subject to FAA review and
approval.
D No deductions shall be made from J-U-B's compensation on account of penalty, liquidated
damages, or other sums that may be withheld from payments to Contractors.
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.
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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
Agreements for Professional Services are public records which are generally subject to statutory public
disclosure and public website posting requirements, and such disclosure will not be considered "reuse
without written consent by J-U-B"
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.
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. CLIENT grants J-U-B and its subsidiaries the unrestricted right to take, use, and publish images,
or edited images, of the project site and workers for J-U-B's purposes including, but not limited to,
website, intranet, and marketing. This right shall survive the termination of this Agreement.
F Any opinion of the estimated construction costs 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
G 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. 129 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 its 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
H 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
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I. J-U-B has not been retained or compensated to provide design and construction review services
relating to the Contractor's safety precautions or to means, methods, techniques, sequences or
procedures required for the Contractor to perform his work including, but not limited to, aircraft
safety precautions, shoring, scaffolding, underpinning, temporary retainment of excavations, and
any erection methods and temporary bracing
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.
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
4 05 D, "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
I nsurance.
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 4 05 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
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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
4.07 CONSTRUCTION CONTRACTOR'S RESPONSIBILITY
Visits to the construction site and observations made by J-U-B's staff as part of their services shall not
relieve the construction Contractor of his obligation to conduct comprehensive inspection of the work
sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the
construction Contractor of his full responsibility for all construction means, methods, techniques, sequences
and procedures necessary for coordination and completing all portions of the work under the construction
contract and for all safety precautions related thereto Language to this effect, shall be included in
Construction Contract Documents Such visits by J-U-B's staff are not to be construed as part of the
observation duties of the on -site observation personnel defined in other parts of this Agreement.
4.08 FUNCTION OF ON -SITE OBSERVATION AND PERSONNEL
If the scope of services includes construction engineering, J-U-B may be required to act as the Resident
Project Representative (RPR) on the PROJECT When so stipulated, the RPR and on -site observation
personnel will make reasonable efforts to guard the CLIENT against defects and deficiencies in the work
of the Contractor and to help determine if the provisions of the Contract Documents are being fulfilled
When construction engineering is included as services of this agreement, Standard Exhibit A — Construction
Phase Services, attached, outlines the specific responsibilities of J-U-B, acting as the RPR during
construction. Their day-to-day observation will not, however, cause J-U-B to be responsible for those duties
and responsibilities that belong to the construction Contractor and that include, but are not limited to, full
responsibility for the techniques and sequences of construction and the safety precautions related to the
construction and commissioning of the work.
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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.
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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 Defaults on its obligations under this Agreement;
2. Fails to make payment to J-U-B in accordance with the terms of this Agreement;
3 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 identified 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 through the
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.
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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),
Agreement For Professional Services — FAA Format (Rev 062019) Page 9
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.
Agreement For Professional Services — FAA Format (Rev 062019) Page 10
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
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.
(5)
(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
(7) 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
Agreement For Professional Services — FAA Format (Rev. 062019) Page 11
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
Agreement For Professional Services — FAA Format (Rev 062019) Page 12
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.
Agreement For Professional Services — FAA Format (Rev 062019) Page 13
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.
1 An individual employed by you or a sub -recipient who is engaged in the performance of the
project or program under this award
2 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 C 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.
Agreement For Professional Services — FAA Format (Rev 062019) Page 14
FAA Agreement_2019
5.21 BREACH OF CONTRACT TERMS (49 CFR Part 18.36)
Any violation or breach of terms of this contract on the part of J-U-B or its subconsultants may result in the
suspension or termination of this contract or such other action that may be necessary to enforce the rights
of the parties of this agreement.
CLIENT will provide J-U-B written notice that describes the nature of the breach and corrective actions
J-U-B must undertake in order to avoid termination of the contract. CLIENT reserves the right to withhold
payments to Contractor until such time J-U-B corrects the breach or the CLIENT elects to terminate the
contract. The CLIENT's notice will identify a specific date by which J-U-B must correct the breach. CLIENT
may proceed with termination of the contract if J-U-B fails to correct the breach by deadline indicated in the
CLIENT's notice
The duties and obligations imposed by this Agreement and the rights and remedies available thereunder
are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or
available by law
5.22 CLEAN AIR AND WATER POLLUTION CONTROL
J-U-B agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean
Air Act (42 U S.0 § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U S.0
§ 1251-1387). J-U-B agrees to report any violation to the CLIENT immediately upon discovery The CLIENT
assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation
Administration.
Agreement For Professional Services — FAA Format (Rev 062019) Page 15
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, WASHINGTON
BY.
Name: t u
Title: ljt\fieL vl
e.Z1
CITY CONTRACT NO:" vv -0%6
RESOLUTION NO: J2- 20o10 U Y i
J-U-B:
J-U-B ENGINEERS, Inc.
By'
Name: Toby Epier, P E.
Title: Assistant Aviation Group Manager Title:
ATTEST
Name:
e<e, Title:
Applicable
Attachments
or Exhibit to
this
Agreement
am 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 1B - Fee Breakdown
® Attachment 2 - Special Provisions
et Exhibit A - Construction Phase
Services
® Elcon Associates Debarment
Lookup
ATTEST
Name:
Agreement For Professional Services - FAA Format (Rev. 062019) Page 16
FAA 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: aYV/4
Sponsothorized'presenta
Title: f-e ( i UV\ (1,i k
Date
Agreement For Professional Services — FAA Format (Rev 062019) Page 17
FM Agreement_2019
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1-U-B ENGINEERS. INC
DUNS: O784118341 CAGE. Code °K,JY°
Status. Active
Expiration Date: 03/t6/2021
Purpose of Registration All Awards
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Name: J-U-B ENGINEERS, INC.
Doing Business As: J-U-B
Business Type: Business or Organization
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DUNS: 029200417 CAGE Code: oDSY2
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(JUB
J•U•B ENGINEERS, INC.
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES — (FAA FORMAT)
Attachment 1 — Scope of Services, Basis of Fee, and Schedule
PROJECT NAME: FY 2020 HIRL and Runway 9/27 Pavement Maintenance Project
AIRPORT NAME: Yakima Air Terminal — McAllister Field
CLIENT: City of Yakima, Washington
A.I.P. NUMBER: 3-53-0089-045-2020
J-U-B PROJECT NUMBER. 70-20-001
CLIENT PROJECT NUMBER:
ATTACHMENT TO:
® AGREEMENT DATEDL April 7th, 2020; 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 Scope of
Services, Basis of Fee, and/or Schedule:
PART 1 - PROJECT UNDERSTANDING
FAA AIP 3-53-0089-045-2020 includes the Project Formulation, Construction Engineering/Administration
and Project Closeout Engineering Services for the following work:
• Replacement, in kind, of Runway 9/27 high intensity incandescent runway edge/end lights (HIRL)
with LED
• 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 pavement 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. Construction Phase
a. The CLIENT shall compensate J-U-B for the Construction Phase, on a Cost -Plus -Fixed -Fee
basis. The CLIENT shall reimburse J-U-B for the following items:
i Payroll Cost: Actual salaries paid J-U-B's employees, without markup, for the time such
employees are directly used on work necessary to fulfill the terms of this AGREEMENT
At the request of the CLIENT, a list of names of personnel actually working on this project
and their salaries shall be submitted prior to the start of work on the project and shall be
updated as needed to reflect any reasonable salary increases, promotions and other
payroll adjustments during the course of this work.
ii Payroll Additives: Additives representing the employee benefits based on payroll cost
shall be computed as a percentage of the payroll cost above For the purposes of this
AGREEMENT, that additive shall be 61 20 percent of the payroll cost based on existing
audits, cost data, and other information mutually agreed to by both parties. This factor is
subject to adjustment by the parties based on audits occurring during the life of this
Agreement For Professional Services — FAA Format
Attachment 1 — FAA Scope of Services, Schedule, and Basis of Fee (Rev. 052819) Page 1-1
AGREEMENT Independently prepared cost data shall be submitted, at the request of the
CLIENT, at intervals not less than every 18 months to support the payroll additives for
this AGREEMENT
iii. General and Administrative Overhead Cost: These overhead costs shall be in
accordance with Federal requirements contained in the 41 CFR 1-15 These costs shall
be computed at 112.93 percent of the payroll costs above. This percentage may be
adjusted by the parties based on audits occurring during the life of this AGREEMENT
Independently prepared cost data shall be submitted, at the request of the CLIENT, at
intervals not less than every 18 months to support the General and Administrative
Overhead for this AGREEMENT
iv. Direct Cost and Out -of -Pocket Cost: These costs shall be directly related to this project
and determined in accordance with Federal requirements contained in 41 CFR 1-15
v. Fixed Fee: The Fixed Fee for performance completed under this task shall be Nineteen
Thousand, Four Hundred Seventy -Eight Dollars and Seventy Two Cents ($19,478 72)
Should there be a change in the scope of work under this AGREEMENT, the fixed fee
shall be negotiated with an appropriate adjustment for change in the scope of work.
Additional fixed fees, as approved as a portion of Supplemental Engineering Agreements,
shall be in addition to the above agreed upon amount. FAA participation in those costs is
conditioned on their approval of the increased costs
b. Total estimate for Construction Phase, including fixed fee, for the work under this
AGREEMENT shall not exceed One Hundred Sixty Eight Thousand, Three Hundred Ten
Dollars and No Cents ($168,310 00) This maximum amount is subject to adjustment in the
event of any approved increases in scope of service as approved by the CLIENT and the FAA
and documented by approved Authorization for Additional Services.
2. Total Project Fees. Total fees as outlined above are One Hundred Sixty Eight Thousand, Three
Hundred Ten Dollars and No Cents ($168,310 00) See Attachment 1 B for a detailed fee
breakdown.
PART 3 - SCHEDULE OF SERVICES
J-U-B will perform all services according to the following schedule:
Project Award April — May 2020
Pre -construction meeting/RFI(s)- Submittals — July 2020
Construction — August 2020
Closeout — August 2020 tO March 2021
This Agreement shall be in effect from April 1, 2020 to March 31, 2021 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.
Exhibit(s).
• Attachment 1A - Detailed Scope of Work
• Attachment 1 B - Fee Breakdown
• Standard Exhibit A. Construction Phase Services
Agreement For Professional Services — FAA Format
Attachment 1 — FAA Scope of Services, Schedule, and Basis of Fee (Rev. 052819) Page 1-2
For internal J-U-B use only.
PROJECT LOCATION (STATE)' Washington
TYPE OF WORK: City
GROUP: Airport
PROJECT DESCRIPTION(S):
A. Airport (A05)
Agreement For Professional Services — FAA Format
Attachment 1 — FAA Scope of Services, Schedule, and Basis of Fee (Rev 052819) Page 1-3
(J•U B;
J•U•8 ENGINEERS, INC.
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 1A — Detailed Scope of Work
PROJECT NAME: FY 2020 HIRL and Runway 9/27 Pavement Maintenance'Proiect_
AIRPORT NAME: Yakima Air Terminal — McAllister Field
CLIENT: City of Yakima, Washington
A.I.P. NUMBER: 3-53-0089-045-2020
J-U-B PROJECT NUMBER: 70-20-001
CLIENT PROJECT NUMBER:
ATTACHMENT TO
® AGREEMENT DATED: 4/7/2020; or
El 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 Scope of
Services, Basis of Fee, and/or Schedule
PART 1 - PROJECT UNDERSTANDING
FAA AIP 3-53-0089-045-2020 includes the Project Formulation, Construction Engineering/Administration
and Project Closeout Engineering Services for the following work:
• Replacement, in kind, of Runway 9/27 high intensity incandescent runway edge/end lights (HIRL)
with LED
• 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 pavement 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 001: Project Formulation Phase
1. Assist the CLIENT with Project Scope development and formulation, two (2) conference calls with
FAA and/or Sponsor 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
2. 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 the both 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.
3 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
J-U-B Agreement for Professional Services
Attachment 1 A — Detailed Scope of Work Page 1
4. Prepare an Agreement for Professional Services for submittal and review by the CLIENT and FM,
including the FAA Professional Service Agreement Checklist. The Agreement shall be
comprehensive in description of services and responsibilities of all contract parties, two (2)
coordination conference calls with City Legal Staff
5. Assist CLIENT with preparation and review 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.
6 Assist CLIENT in the review 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"
7. Provide the following services related to Federal DBE and ACDBE requirements.
• ACDBE Program Plan
• ACDBE and DBE annual report (2)
8 Prepare and submit six (6) FAA Quarterly Performance Reports and Fiscal Year End Financial FAA
SF 271 and SF 425 forms throughout the project.
9. Attend three (3) meetings with the airport tenants, City Council and Airlines during the project in
order to keep Airport personnel and management abreast of the progress of the projects.
Discussions will include project phasing, budget and schedule updates.
10. Assist CLIENT in preparation 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 and work progress
summary
11. Coordinate with an electrical engineering subconsultant to review electrical submittal documents
and assist Resident Project Representative with electrical questions during Construction Phase.
This line item shall include the coordination and contracting with Subconsultant. The Subconsultant
fees shall be addressed in the Expenses -Subconsultant Section.
B. Task 002: Construction Phase
1. 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.
2. 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.
3 Provide pre -construction coordination, prepare a detailed Pre -Construction Conference agenda
and displays, conduct a Pre -Construction Conference on behalf of the CLIENT and prepare and
issue minutes of the Pre -Construction Conference; include FAA items in conference agenda. It is
anticipated that J-U-B will conduct this meeting at the Airport.
4. Review the Contractor's Work Schedule and verify that it is consistent with the requirements of the
Contract Documents Coordinate construction activity schedule with CLIENT and Airport
operations.
5 Review submitted shop drawings, Contractor Safety and Security Plan, Quality Control Plan and
all submittals required by the Contract Documents. Comment and return all submittals to
Contractor for their use and/or revisions and resubmittal.
6. Construction staking shall be provided by the contractor as part of the construction contract.
J-U-B will provide benchmarks and horizontal control points for the contractor's use Prior to start
of construction, J-U-B survey crew will provide survey check to confirm control still has not be
altered prior
J-U-B Agreement for Professional Services
Attachment 1A — Detailed Scope of Work Page 2
7. Organize and conduct daily construction meetings with CLIENT, Contractor and others as
appropriate The Resident Project Representative will hold these meetings on the construction site.
8 Provide two (2) full-time project representatives to monitor and document construction activities for
five (5) working days Provide one full-time project representative to monitor and document
construction activities for 1 working day
9. Provide office administration support and assistance to the Resident Project Representative with
the Project Manager or Office Administration as field activities may require
10 J-U-B shall receive and review the Contractor's monthly requests for payment. J-U-B shall
determine whether the amount requested reflects the progress of the Contractor's work and is in
accordance with the contract for construction.
11 Monitor and coordinate Contractor Quality Control Testing Program pursuant to current FAA
specifications for Quality Control and Quality Assurance
12. Assist CLIENT with review of Contractor Wage and EEO documentation review Conduct Wage
interviews with Contractor personnel as required
13. Coordinate with CLIENT and FAA throughout the construction process. Submit required
construction documentation, including weekly activity report forms, change orders, etc. Coordinate
with CLIENT and FAA verbally concerning change orders, as required
14. Prepare Contract Change Order/Supplemental Agreements in accordance with FAA Order
5100 38D-Appendix U Conduct services associated with evaluation, negotiation, and preparation
and processing of Contract Change Orders or Supplemental Agreements.
15. Conduct final and substantial completion inspections. The pavement maintenance project will be
constructed in two phases. The runway lighting system (HIRL) will be inspected prior to opening
of the runway for public use. Produce substantial and final completion inspection certificates and
field review and documentation of "punch list" items.
16 Part-time field observation for punch list.
C. Task 003: Project Closeout Phase
1. Prepare the final project report and close-out documents according to FAA requirements and
submit to CLIENT and FAA.
2. Prepare record drawings.
a. The record drawings will be prepared based on information gathered during field
observations as well as information provided by others. Record drawings will also include
project specific electrical field revisions
b If the record drawings will be a public record, J-U-B will grant the public entity with
jurisdiction the right to copy and disseminate the hard copy or digital image to those who
legitimately request the information in writing. Any release, use, or reuse by the public
entity, any individual, or organization, shall be at the public entity's, individual's, and/or
organization's sole risk and without liability or legal exposure to J-U-B
c Any seals of the registrants included on the record drawings will represent that the drafting
of the record drawing information was completed by staff under the registrants' responsible
charge
3 Report Disadvantaged Business Enterprise (DBE) project participation to FAA dbE-Connect
including all calculations and background information for review and approval
4. 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.
J-U-B Agreement for Professional Services
Attachment 1A— Detailed Scope of Work Page 3
5. Provide assistance to the CLIENT in assessing, costing, and updating the five-year Capital
Improvement Plan for submittal to Washington State Department of Transportation Aviation
Division.
PART 3 - ASSUMPTIONS AND EXCEPTIONS
• No SMS plan is required on this project during the design or other portions of the project.
• No AGIS survey is required for this project.
• No Reimbursable Agreement.
• No ALP Update. This task will be completed under a separate project.
• No QC/QA workshop
• No QA subconsultant will be used as part of this project.
• Four (4) weekly meetings anticipated one (1) immediately prior to construction, three (3) during
construction, one (1) to resolve punch list issues, and one (1) prior to second payment application.
• Three (3) contractor monthly pay requests are anticipated.
• It is anticipated that J-U-B will provide two (2) Resident Project Representatives (RPRs) for a period
of five (5) consecutive working days and one RPR for a period of one (1) day The RPRs will work
14 hours per day including drive time. In addition, the Construction Manager will visit the site twice
a week (3 visits) for 10 hours each visit including drive time to provide construction review
• Cost estimate is based on the production of two (2) Change Orders.
J-U-B Agreement for Professional Services
Attachment 1A — Detailed Scope of Work Page 4
ATTACHMENT 1 B- Fee Breakdown
PROJECT TITLE.
CLIENT:
.1013 NUMBER:
DATE.
FY 2020 FURL and Runway 9/27 Pavement Maintenance Project
Yakima Air Terminal - McAllister Field, City of Yakima
April 7, 2020
- A1P 3-53-0089-045-2020
J-ITB`En ineers'Inc. Fce.Estitnate Construction. Plink
'
TASK
No PROJECT •TASK
Principal
$69.00
Senior
Engineer
$70.00
Project
Manager
$54.00
Project
Engineer
$47.00
Const. Construct Construct
Engineer Manager Observer
$38.00 $56.00 $41.00
EIT
Obsvr.
$31.00
Survey
PIS
$62.00
2-Person
Survey
Crew
$71.00
Cadd
Technician
$37.00
Admin.
$20.00
Trips TOTAI,
IIRS
TASK
DIRECT
COSTS
001. Project Formulation ' . '•
i 'Assist with project scope development and formulation
2
4
4
0
2
0
0
0
0
0
0
6
18
$830.00
2 I Prepare fee spreadsheet & cost proposal
0
1
6
0
0
0
0
0
0
0
0
4
11
$474.00
3 Assist with IFE and Record of Negotiations documentation
0
0
8
0
0
0
0
0
0
0
0
4
12
$512.00
.1 'Prepare agreement for professional services & checklist
2
3
6
0
0
2
0
0
0
0
0
4
17
$864.00
s'Assist with preparation/review FAA grant application
0
0
2
2
0
0
0
0
0
0
0
2
6
$242.00
6 'Assist with review of FAA Sponsor Certifications
0
0
0
2
0
0
0
0
0
0
0
2
4
$134.00
N --TIT.' _
7 ;Federal:Disadvadtaj ed Business Enterprise (DBE)'.participationi•k==
- ..
=
-- - •-
- _-
-'
- -
- -
_
- - -
--- .
__ .
._
-
1 ACDBF. Program Plan
0
0
2
10
0
0
0
0
(1
0
0
0
12
$578.00
' ACDBE annual reports
0
0
2
20
0
0
0
0
0
0
0
0
22
$1,048.00
6' Prepare and submit six (6) quarterly reports, fiscal year end reports
0
0
4
8
0
0
0
2
0
0
0
4
18
$734.00
v Attend three (3) meetings with Airport Board/or City Council/Alaska Airlines
0
10
30
10
0
0
0
0
0
0
0
0
3
50
$2,790.00
io 'Assist with preparation of request for reimbursement (RFRs) (8)
0
0
8
0
0
8
0
4
0
0
0
4
24
$1,084.00
i 1'Coordinate with electrical engineering subconsultant
0
0
4
0
0
10
0
4
0
0
0
4
22
$980.00
002. Construction Phase
Prepare
piPrepare and distribute notice of award, construction agreement & other
0
1
4
4
0
1
0
2
0
0
0
4
1
16
$672.00
[Coordination throughout award process
0
1
12
4
6
6
0
6
0
0
0
2
37
$1,696,00
mil Provide preconstruction coordination
0
0
12
2
6
6
6
0
0
0
0
2
1
34
$1,592.00
Ell Review contractor's work schedule
0
0
2
4
6
1
6
2
0
0
0
0
21
$888.00
s®Review shop drawings, contractor safety & security plan and submittals
0
0
4
10
20
10
0
10
0
0
0
6
60
$2,436.00
Survey control check
0
0
0
1
0
0
0
0
2
8
0
0
1
11
$739.00
Conduct daily meetings (4)
0
8
30
0
20
200
4
0
0
0
20
4
102
$4,584.00
[)Full time field observation (6 working days)
0
0
0
0
16
20
154
0
0
0
0
0
14
190
$8,042.00
Ell administration support and assistance
0
2
16
10
20
2
0
4
0
0
0
18
72
$2,830.00
a Prepare and recommend monthly pay estimates (3)
0
0
8
6
8
6
0
l)
0
0
0
12
40
$1,594.00
De Monitor and coordinate Contractor Quality Control Testing Program
0
1
0
0
0
2
(1
0
0
0
0
0
3
$182.00
Ell Assist with review of Contractor Wage and EEO documentation review
0
0
2
4
0
0
0
0
0
0
0
25
31
$796.00
['Coordination with Client and FAA throughout construction process
0
0
8
4
0
0
0
2
0
0
0
20
34
$1,082.00
in Prepare change orders/supplemental agreements (2)
2
4
12
6
6
0
0
6
0
0
6
6
48
$2,104.00
El Conduct final & substantial completion inspections (2)
0
0
16
0
0
10
10
0
0
0
0
5
2
41
$1,934.00
Ea Part-time field observation for punch list
0
0
4
0
0
6
16
6
0
0
0
0
2
32
$1,394.00
Copy of Attach_1B_FeeBreakdown_Const_2_27_2020_NegoltahonRev
Page A2-1
ATTACHMENT 1B- Fee Breakdown
PROJECT TITLE:
FY 2020 IIIRL and Runway 9/27 Pavement Maintenance Project - AIP 3-53-0089-045-2020
CLIENT:
Yakima Air Terminal - McAllister Field, City of Yakima
JOB NUMBER:
DATE:
April 7, 2020 ,J-U-8'En-meers';Inc. Fec Estimate. .'Construction ''Phase)','
2-Person
Senior Project Project Const. Construct Construct EIT Survey Survey Cadd
TASK
TASK
Principal Engineer Manager Engineer Engineer Manager Observer Obsvr PLS Crew Technician
Admin.
Trips TOTAL
DIRECT
No PROJECT TASK
$69.00 $70.00 $54.00 $47.00 $38.00 $56.00 $41.00 $31.00 $62.00 $71.00 $37.00
$20.00
HRS
COSTS
003.,Project Close Out Phase
- -. - - -
-.-
Q., Prepare final engineer's project report, & PSS
0 0 8 20 4 0 0 2 0 0 8
14
0 56
$2,162.00
Et Prepare record drawings
0 0 2 2 2 2 I 2 0 0 8
0
0 19
$789.00
51 Report D13E project participation
0 0 1 6 0 0 0 10 0 0 0
0
0 17
$646.00
0 Assist & coordinate with independent auditors
0 0 4 0 6 0 0 0 0 0 0
8
0 18
$604.00
9 Provide assistance for updating five year Capital Improvement Plan
0 0 1 4 0 0 0 3 0 0 0
0
0 8
$335.00
Sub -Total Design
6 35 222 139 122 112 193 69 2 8 22
176
28 1106
$47,371.00
LABOR:
'Labor
6 35 222 139 122 112 193 69 2 8 22
176
28 1106
$47,371.00
Direct Overhead
174.13%
$82,487 12
Fixed Fee
15.0%
$19,478.72
Total Labor + Overhead + Fixed Fee
1
$149,336.84
Cost Air Ground Trip
EXPENSES:
Per Unit Trips Trips Days Flours Miles
Markup
Air Travel
$600.00 0
1.0
$0.00
Mileage (from Spokane)
$0.5750 11 414
1.0
$2,618.55
Mileage (from Kennewick, WA)
$0.5750 17 156
1.0
$1,524.90
Per Diem
$55.00 7
1.0
$385.00
Lodging
$150.00 4
1.0
$600.00
GPS Survey Unit
$20.45 8
1.0
$163.60
Printing
$1,500.00
1.0
$1, 500.00
SUBCONSULTAN'IS:
1 Electrical Consultant - Elcon Associates, Inc.
$12,179
1.0
$12,179.00
2
$0
1.0
$0.00
Subtotal - Labor + Overhead + Fixed Fee
$149,336.84
Subtotal- Expenses
$6,792.05
Subtotal- Subconsultants
S12,179.00
Total - Section A.2: Project Construction Fees
5168,310.00
Copy of Attach_1 B_FeeBreakdown_Const_2_27_2020_NegotiationRev
Page A2-2
(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: FY 2020 HIRL and Runway 9/27
Pavement Maintenance Project
A.I.P. # 3-53-0089-045-2020
The TERMS AND CONDITIONS of the FAA Agreement for Professional Services dated April 7th, 2020 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.
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.
J-U-B FAA Agreement for Professional Services
YAKIMA Attachment 2 — Special Provisions - FAA (REV 4/2/19) Page 2-1
(JUB
J•U•B ENGINEERS, INC.
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 Bests 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 loss 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
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 4l2119) Page 2-2
(JUB
J•U•B ENGINEERS, INC.
J-U-B ENGINEERS, Inc.
FAA AGREEMENT FOR PROFESSIONAL SERVICES
Standard Exhibit A — Construction Phase Services
Client City of Yakima Project: Runway 9/27 Pavement Maintenance Project
Name: -
The FM Agreement for Professional Services dated 4-7-2020 is amended and supplemented to include the following agreement of the
parties with respect to Services during the construction phase of the Project.
For the purposes of this exhibit, '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.
For the purposes of this exhibit, the term 'Contract Documents,' shall be defined as documents that establish the rights and obligations of
the parties engaged in construction and include the Construction Agreement between CLIENT and contractor, Addenda (which pertain to
the Contract Documents), contractor's bid (including documentation accompanying the bid and any post -bid documentation submitted prior
to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate
certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings, together with all Written
Amendments, Change Orders, Work Change Directives, Field Orders, and J-U-B's written interpretations and clarifications issued on or after
the Effective Date of the Construction Agreement. Shop Drawings and the reports and drawings of subsurface and physical conditions are
not Contract Documents.
For the purposes of this exhibit, the term 'Work,' shall be defined as the entire construction or the various separately identifiable parts thereof
required to be provided by the construction contractor under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction, and fumishing, installing, and incorporating all
materials and equipment into such construction; all as required by the Contract Documents.
For the purposes of this exhibit, the term 'Site,' shall be defined as lands or areas indicated in the Contract Documents as being fumished
by CLIENT upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands
furnished by CLIENT which are designated for the use of contractor.
CONSTRUCTION PHASE SERVICES
J-U-B shall provide Construction Phase Services as agreed below. There is a "Yes" and "No" box to the left of each Service. If a box is
marked "Yes", J-U-B agrees to perform the Service listed. If a box is marked "No", J-U-B undertakes no duty to perform the Service listed. If
a duty or a condition of performance is listed below that is a responsibility of CLIENT, CLIENT's agreement to perform the same is assumed.
It is understood and agreed that J-U-B shall not, during the performance of Services, or as a result of observations of the Work in
progress, supervise, direct, or have control over contractor(s) Work; nor shall J-U-B have authority over or responsibility for the means,
methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident
to the Work of the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders
applicable to contractor(s) furnishing and performing their Work or providing any health and safety precautions required by any regulatory
agencies. Accordingly, J-U-B does not guarantee or warrant the performance of the construction contracts by contractor(s) nor assume
responsibility of contractor(s) failure to furnish and perform their Work in accordance with the Contract Documents.
The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried
out in the CLIENT's contract with the general contractor The CLIENT also agrees that the CLIENT, J-U-B and J-U-B's subconsultants
shall be indemnified by the general contractor in the event of general contractor's failure to assure jobsite safety and shall be named as
additional insureds under the general contractor's policies of general liability insurance.
Construction Phase
® Yes
❑ No
® Yes
❑ No
After receiving written authorization from CLIENT to proceed with the construction phase, J-U-B may provide the following Services
with respect to this part of the Project:
1 General Administration of the Contract Documents. Consult with, advise, and assist CLIENT in J-U-B's role as
CLIENT's representative. Relevant J-U-B communications with contractor shall be imputed to the CLIENT Nothing
contained in this Standard Exhibit A creates a duty in contract, tort, or otherwise to any third party; but, instead, the
duties defined herein are performed solely for the benefit of the CLIENT CLIENT shall agree to include this language
in any such agreements it executes with contractor, subcontractors or suppliers.
2. Pre -Construction Conference. Participate in a pre -construction conference.
J-U-8 FAA Agreement for Professional Services
Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-1
(Si Yes
❑ No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
❑ Yes
❑ No
• Yes
❑ No
® Yes
❑ No
3. Visits to Site and Observation of Construction /Resident Project Representative (RPR) Services. In connection with
observations of the Work while it is in progress:
a. Periodic Site Visits by J-U-B. Make visits to the Site at intervals appropriate to the various stages of
construction, as J-U-B deems necessary, to observe as an experienced and qualified design professional the
progress and quality of the Work. Such visits and observations, if any, are not intended to be exhaustive or to
extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities
specifically assigned to J-U-B in this Agreement, but rather are to be limited to spot checking, selective sampling,
and similar methods of general observation of the Work based on J-U-B's exercise of professional judgment as
assisted by the RPR, if any Based on information obtained during such visits and observations, J-U-B will
determine in general, for the benefit of CLIENT, if the Work is proceeding in accordance with the Contract
Documents, and J-U-B shall keep CLIENT informed of the progress of the Work.
b. Resident Project Representative ("RPR"). When requested by CLIENT, provide the Services of a RPR at the
Site to provide more extensive observation of the Work. Duties, responsibilities, and authority of the RPR, are as
set forth in the section entitled Resident Project Representative, herein. Through more extensive observations
of the Work and field checks of materials and equipment by RPR, J-U-B shall endeavor to provide further
protection to the CLIENT against defects and deficiencies in the Work. The fumishing of such RPR's Services
will not extend J-U-B's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement.
4. Defective Work. Recommend to CLIENT that the Work be disapproved and rejected while it is in progress if J-U-B
believes that such Work does not conform generally to the Contract Documents or that the Work will prejudice the
integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents.
5. Clarifications and Interpretations; Field Orders. Recommend to CLIENT necessary clarifications and interpretations
of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations
will be consistent with the intent of and reasonably inferable from the Contract Documents. Based on J-U-B's
recommendations, CLIENT may issue Field Orders authorizing minor variations from the requirements of the Contract
Documents.
6. Change Orders, and Work Change Directives. Recommend to CLIENT Change Orders or Work Change Directives,
as appropriate, and prepare required documents for CLIENT consideration: CLIENT may issue Change Orders or
Work Change Directives authorizing variations from the requirements of the Contract Documents.
7. Shop Drawings and Samples. Review or take other appropriate action in respect to Shop Drawings, Samples, and
other data that contractor is required to submit, but only for conformance with the design concept of the Project and
compliance with the information given in the Contract Documents: Such reviews or other action shall not extend to
means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident
thereto.
8. Substitutes. Consult with and advise CLIENT concerning, and determine the acceptability of, substitute materials and
equipment proposed by contractor
9. Inspections and Tests. Make recommendations to CLIENT concerning special inspections or tests of the Work, and
the receipt and review of certificates of inspections, testing, and approvals required by laws and regulations and the
Contract Documents (but only to determine generally that the results certified indicate compliance with the Contract
Documents).
J-U-B FAA Agreement for Professional Services
Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-2
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
10 Disagreements between CLIENT and Contractor Assist CLIENT in rendering formal written decisions on claims of
CLIENT and contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the Work. In assisting in such decisions, J-U-B shall not be
liable in connection with any decision rendered in good faith.
11. Applications for Payment. Based on J-U-B's on -site observations as an experienced and qualified design professional,
and upon written request of CLIENT, review Applications for Payment and the accompanying supporting
documentation. Assist CLIENT in determining the amounts owed to contractor and, if requested by CLIENT,
recommend in writing to CLIENT that payments be made to contractor in such amounts. Such recommendations of
payment will constitute a representation to CLIENT that, to the best of J-U-B's knowledge, information, and belief, the
Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, and
subject to any subsequent tests called for in the Contract Documents or to any other qualification stated in the
recommendation), and the conditions precedent to contractors being entitled to such payments appear to have been
fulfilled insofar as it is J-U-B's responsibility to observe the Work. In the case of unit price Work, J-U-B's
recommendation of payment will include final determinations of quantities and classifications of the Work (subject to
any subsequent adjustments allowed by the Contract Documents). By recommending any payment and after
reasonable inquiry, J-U-B shall not thereby be deemed to have represented that exhaustive, continuous, or detailed
reviews or examinations have been made by J-U-B to check the quality or quantity of the Work as it is fumished and
provided beyond the responsibilities specifically assigned to J-U-B in this Agreement and the Contract Documents.
J-U-B's review of the Work for the purposes of recommending payments will not impose on J-U-B the responsibility to
supervise, direct, or control such Work, or for the means, methods, techniques, sequences, or procedures of
construction or safety precautions or programs incident thereto, or contractor's compliance with laws and regulations
applicable to its fumishing and performing the Work. J-U-B's review will also not impose responsibility on J-U-B to
make any examination to ascertain how or for what purposes contractor has used monies paid to contractor by
CLIENT, to determine that title to any of the Work, including materials or equipment, has passed to CLIENT free and
clear of any lien, claims, security interests, or encumbrances; or that there may not be other matters at issue between
CLIENT and contractor that might affect the amount that should be paid.
12. Contractor's Completion Documents. Receive and review maintenance and operating instructions, schedules,
guarantees, bonds and certificates of inspection, tests and approvals, Shop Drawings, Samples, other data approved,
and the annotated record documents which are to be assembled by contractor in accordance with the Contract
Documents (such review will only be to determine generally that their content complies with the requirements of, and
in the case of certificates of inspection, tests, or approvals indicates compliance with, such Contract Documents);
transmit them to CLIENT with written comments.
13. Substantial Completion. Promptly after notice from CLIENT that contractor considers the Work for this part of the
Project is ready for its intended use, in company with CLIENT and contractor, conduct a site visit to determine if the
Work is substantially complete. Provide recommendation to CLIENT relative to issuance of Certificate of Substantial
Completion.
14. Final Notice of Acceptability of the Work. Assist CLIENT in conducting a final inspection to determine if the completed
Work is acceptable so that J-U-B may recommend, in writing, that final payment be made to contractor
15 Additional Tasks. Perform or provide the following additional construction phase tasks or deliverables as delineated
in Attachment 1 — Scope of Services and/or Schedule and/or Basis of Fee, which is included with the Agreement.
General Limitation of Responsibilities. J-U-B shall not be responsible for the acts or omissions of any contractor or of any of their
subcontractors, suppliers, or any other individual or entity performing or fumishing any of the Work. J-U-B shall not be responsible for
failure of any contractor to perform or fumish the Work in accordance with the Contract Documents. CLIENT shall agree to include this
language in any such agreements it executes with contractor, subcontractors or suppliers.
J-U-B's Construction Phase Services will be considered complete on the date of Final Notice of Acceptability of the Work.
J-U-B FM Agreement for Professional Services
Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-3
Post -Construction Phase
After receiving authorization from CLIENT to proceed with the post -construction phase, J-U-B may*
❑ Yes
Z No
❑ Yes
® No
❑ Yes
® No
® Yes
❑ No
Yes
❑ No
1 Testing/Adjusting Systems. Provide assistance in connection with the testing and adjusting of equipment or systems.
2. Operate/Maintain Systems. Assist CLIENT in coordinating training for CLIENT's staff to operate and maintain
equipment and systems.
3. Control Procedures. Assist CLIENT in developing procedures for control of the operation and maintenance of, and
recordkeeping for, equipment and systems.
4. O&M Manual. Assist CLIENT in preparing operating, maintenance, and staffing manuals.
5. Defective Work. Together with CLIENT, visit the Project to observe any apparent defects in the Work, assist CLIENT
in consultations and discussions with contractor conceming correction of any such defects, and make
recommendations as to replacement or correction of Defective Work, if present.
❑ Yes 6. Record Surveying. Provide field surveying of readily accessible elements of the final completed construction to
supplement the preparation of Record Drawings.
® No
® Yes 7 Record Drawings. Furnish a set of reproducible prints of Record Drawings showing significant changes made during
the construction process, based on the annotated record documents for the Project furnished by the contractor.
❑ No
® Yes g. Warrantee Inspection. In company with CLIENT or CLIENT's representative, provide an inspection of the Project
❑ No within one month before the end of the contractor correction period to ascertain whether any portion of the Work is
subject to correction.
® Yes 9. Additional Tasks. Perform or provide the following additional post -construction phase tasks or deliverables as listed
in Attachment 1 - Scope of Services and/or Schedule and/or Basis of Fee, which is included with the Agreement.
❑ No
The Post -Construction Phase Services may commence during the construction phase and, if not otherwise modified by the mutual
agreement of CLIENT and J-U-B, will terminate at the end of the correction period.
J-U-B FAA Agreement for Professional Services
Standard Exhibit A — FM Construction Phase Services (REV 4/17) Page A-4
CONSTRUCTION PHASE ADDITIONAL SERVICES
If authorized by CLIENT and expressly agreed by J-U-B; or, if performed by J-U-B with the knowledge of the CLIENT after the signing of the
Agreement for Professional Services, J-U-B shall fumish or obtain from others Additional Services of the types listed in this paragraph:
1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by CLIENT if the
resulting change in compensation for Construction Phase Services is not commensurate with the Services rendered; Services
in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by contractor
and Services after the award of the contract; Services in evaluating and determining the acceptability of an unreasonable or
excessive number of substitutions proposed by contractor; and Services resulting from significant delays, changes, or price
increases occurring as a direct or indirect result of material equipment, or energy shortages.
2. Services involving out-of-town travel required of J-U-B other than visits to the Site or CLIENT's office.
3. Assistance in connection with bid protests, rebidding, or renegotiating the Construction Agreement.
4 Services in connection with any partial utilization of the Work by CLIENT prior to Substantial Completion.
5. Additional or extended Services during construction of the Work made necessary by (a) emergencies or acts of God
endangering or delaying the Work, (b) the discovery of constituents of concern, (c) Work damaged by fire or other cause
during construction, (d) a significant amount of defective Work, (e) acceleration of the progress schedule involving Services
beyond normal working hours, and (f) default by contractor, including extensions of the construction period
6. Evaluating an unreasonable number of claims submitted by contractor or others in connection with the Work.
7. Protracted or extensive assistance in refining and adjusting any equipment or system (such as initial startup, testing, adjusting,
and balancing).
8. Services or consultations after completion of the construction phase, such as excessive inspections during any correction
period and reporting observed discrepancies under guarantees called for in the Construction Agreement for the Work (except
as agreed to under Construction Phase Services).
9 Preparing to serve or serving as a consultant or witness for CLIENT in any litigation, arbitration, or other legal or administrative
proceeding involving the Project to which J-U-B has not been made a party
10. Additional Services in connection with the Work, including Services which are to be furnished by CLIENT and Services not
otherwise provided for in this Agreement.
RESIDENT PROJECT REPRESENTATIVE
If provided as part of Construction Phase Services, J-U-B shall fumish a Resident Project Representative ("RPR"), assistants, and other field
staff to assist J-U-B in observing progress and quality of the Work. The RPR, assistants, and other field staff may provide full-time
representation or may provide representation to a lesser degree.
Through such additional observations of the Work and field checks of materials and equipment by the RPR and assistants, J-U-B shall
endeavor to provide further protection for CLIENT against defects and deficiencies in the Work.. It is understood and agreed that J-U-B
shall not, during the performance of Services, or as a result of observations of the Work in progress, supervise, direct, or have control
over contractor(s)' Work; nor shall J-U-B have authority over or responsibility for the means, methods, techniques, sequences or
procedures of construction selected by contractor(s), for safety precautions and programs incident to the Work of the contractor(s) or for
any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and
performing their Work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J-U-B does not
guarantee or warrant the performance of the construction contracts by contractor(s) nor assume responsibility of contractor(s)' failure to
fumish and perform their Work in accordance with the Contract Documents.
The RPR's duties under this Agreement shall be strictly limited to the following:
1. General. RPR is J-U-B's agent at the Site, will act as directed by and under the supervision of J-U-B, and will confer with
J-U-B regarding RPR's actions.
2. Schedules. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values
prepared by contractor and consult with CLIENT concerning acceptability of such schedules.
3. Conferences and Meetings. When requested by CLIENT to do so, attend meetings with contractor, such as preconstruction
conferences, progress meetings, job conferences, and other project -related meetings.
4 Liaison. Serve as J-U-B's liaison with CLIENT.
J-U-B FM Agreement for Professional Services
Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-5
5. Interpretation of Contract Documents. Report to CLIENT when clarifications and interpretations of the Contract Documents
are needed.
6. Shop Drawings and Samples. Receive and record date of receipt of reviewed Samples and Shop Drawings.
7. Modifications. Consider and evaluate contractors suggestions for modifications to Drawings or Specifications and report,
with RPR's recommendations, to CLIENT Transmittal to contractor of written decisions as issued by J-U-B will be in writing.
8. Review of Work and Rejection of Defective Work.
a) Conduct on -site observations of the Work to assist J-U-B in determining if the Work is, in general, proceeding in
accordance with the Contract Documents.
b) Report to CLIENT whenever RPR believes that any part of the Work in progress will not produce a completed Project
that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents; has been damaged; or does not meet the
requirements of any inspection, test, or approval required to be made. Advise CLIENT of that part of the Work that RPR
believes should be corrected, rejected, or uncovered for observation, or that requires special testing, inspection, or
approval.
9 Inspections, Tests, and System Startups.
a) Advise CLIENT in advance of scheduled major inspections, tests, and system start-ups for important phases of the Work.
b) Verify that tests, equipment, and system start-ups and operating and maintenance training is conducted in the presence
of appropriate personnel and that contractor maintain adequate records thereof.
c) Observe, record, and report to CLIENT appropriate details relative to the test procedures and system start-ups.
d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results
of these inspections, and report to CLIENT
10. Records.
a) Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract
Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued
subsequent to the execution of the Contract, J-U-B's clarifications and interpretations of the Contract Documents,
progress reports, Shop Drawing and Sample submittals, and other Project -related documents.
b) Prepare a daily report or keep a diary or log book, recording contractor's and subcontractors' hours on the Site, weather
conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions,
Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of
observing test procedures; furnish copies of such records to CLIENT
c) Maintain accurate, up-to-date lists of the names, addresses, e-mail addresses, and telephone numbers of all contractors,
subcontractors, and major suppliers of materials and equipment.
d) Maintain records for use in preparing documentation of the Work.
e) Upon completion of the Work with respect to the Project, furnish a complete set of all RPR Project documentation to
CLIENT.
J-U-B FAA Agreement for Professional Services
Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-6
11 Reports.
a) Furnish to CLIENT periodic reports as required of progress of the Work and of contractor's compliance with the progress
schedule and schedule of Shop Drawing and Sample submittals.
b) Present to CLIENT proposed Change Orders, Work Change Directives, and Field Orders.
c) Fumish to CLIENT copies of all inspection, test, and system startup reports.
d) Report immediately to CLIENT the occurrence of any Site accidents, emergencies, acts of God endangering the Work,
property damaged by fire or other causes, and the discovery or presence of any constituents of concern.
12. Payment Request: Review Applications for Payment for compliance with the established procedure for their submission and
forward with recommendations to CLIENT, noting particularly the relationship of the payment requested to the schedule of
values, Work completed, and materials and equipment delivered at the Site, but not incorporated in the Work.
13 Certificates, Operation and Maintenance Manuals. During the course of the Work, verify that materials and equipment
certificates, operation and maintenance manuals, and other data required by the Specifications to be assembled and furnished
by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these
documents delivered to CLIENT for review
14 Completion.
a) Before issuing a Certificate of Substantial Completion, submit to CLIENT a list of observed items requiring completion or
correction.
b) Observe whether contractor has arranged for inspections required by laws and regulations, including but not limited to
those to be performed by public agencies having jurisdiction over the Project.
c) Participate in a final inspection in the company of CLIENT and contractor and prepare a final list of items to be completed
or corrected with respect to the Work.
d) Observe whether all items on final list have been completed or corrected and make recommendations to CLIENT
conceming acceptance and issuance of CLIENT's Final Notice of Acceptability of the Work.
The RPR shall not:
1 Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items).
2. Exceed limitations of J-U-B's authority as set forth in the Agreement for Professional Services
3. Undertake any of the responsibilities of contractor, subcontractors, suppliers, or contractor's superintendent.
4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or
procedures of construction or of the Work, unless such advice or directions are specifically required by the Contract
Documents.
5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with
the activities or operations of CLIENT or contractor
6. Participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized.
7. Accept Shop Drawing or Sample submittals from anyone other than J-U-B.
8 Authorize CLIENT to occupy the Work in whole or in part.
J-U-B FM Agreement for Professional Services
Standard Exhibit A — FAA Construction Phase Services (REV 4f17) Page A-7
CLIENT'S RESPONSIBILITIES
Except as otherwise provided herein or in the Agreement for Professional Services, CLIENT shall do the following in a timely manner so as
not to delay the Services of J-U-B and shall bear all costs incident thereto:
1. Provide, as may be required for the Project, such legal services as CLIENT may require or J-U-B may reasonably request
with regard to legal issues pertaining to the Project, including any that may be raised by contractor
2. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job -related
meetings and Substantial Completion, final payment, and other inspections.
3. Give prompt written notice to J-U-B whenever CLIENT observes or otherwise becomes aware of any development that affects
the scope or time of performance or furnishing of J-U-B's Services, or any defect or nonconformance in J-U-B's Services or
in the Work of any contractor
4 Render all final decisions related to: 1) changes or modifications to the terms of the construction contract, 2) acceptability of
the Work, and 3) claims or Work stoppages.
5. Unless included in J-U-B Scope of Services, provide construction staking and materials testing services for the project.
The Client agrees to require all contractors of any tier to carry statutory Workers Compensation, Employers Liability Insurance and
appropriate limits of Commercial General Liability Insurance (CGL). The Client further agrees to require all contractors to have their CGL
policies endorsed to name the Client, the Consultant and its sub -consultants as Additional insureds, on a primary and noncontributory basis,
and to provide Contractual Liability coverage sufficient to insure the hold harmless and indemnity obligations assumed by the contractors.
The Client shall require all contractors to fumish to the Client and the Consultant certificates of insurance as evidence of the required
insurance prior to commencing work and upon renewal of each policy during the entire period of construction.. In addition, the Client shall
require that all contractors will, to the fullest extent permitted by law, indemnify and hold harmless the Client, the Consultant and its sub
consultants from and against any damages, liabilities or costs, including reasonable attomeys' fees and defense costs, arising out of or in
any way connected with the Project, including all claims by employees of the contractors.
In addition to any other limits of indemnification agreed to between the Parties, CLIENT agrees to indemnify and hold harmless J U B, and
the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work. This is
to include, but not to be limited to any such claim, cost, loss, or damage that is attributable to bodily injury, sickness, disease, or death, or to
injury to or destruction of tangible property, including the loss of use resulting therefrom to the extent caused by any negligent act or omission
of contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the
Work or anyone for whose acts any of them may be liable, as well as any general, special or other economic damages resultant from Work
stoppages or delays that are caused in whole or part by J U B's exercise of the rights and duties as agreed herein (Construction Phase
Services).
CLIENT agrees that CLIENT will cause to be executed any such agreements or contracts with contractors, subcontractors or suppliers to
effectuate the intent of this part before any Work is commenced on the Project; if CLIENT negligently fails to do so, CLIENT agrees to fully
indemnify J U B from any liability resulting therefrom, to include, but not to be limited to, all costs relating to tendering a defense to any such
claims made.
J-U-B FAA Agreement for Professional Services
Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-B
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.C.
For Meeting of: April 7, 2020
ITEM TITLE: Resolution authorizing a Construction Services Agreement with
JUB Engineering, Inc., for Construction Services to rehabilitate the
Yakima Air Terminal -McAllister Field Runway 9/27 High Intensity
Runway Lighting system and asphalt maintenance
SUBMITTED BY: Robert Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
The Yakima Airport's primary runway handles approximately 95 percent of all aircraft arriving and
departing the airport. This runway was milled and overlaid in 2010 and requires maintenance in
order to extend the overall life expectancy of the surface and associated infrastructure. This
project will replace the runway's 1970's High Intensity Runway Edge Lights while conducting
required asphalt crack and fog sealing. The project will also relocate specific navigation aids in
order to meet current Federal Aviation Administration safety standards. JUB Engineering, Inc.
will assist the airport during construction to ensure the contractor meets the engineer's
specifications and FAA safety standards.
Ninety percent (90%) of the funds to cover the agreement and rehabilitate Runway 9/27 are
provided through a grant with the FAA. The remaining funding match is provided through the
airport's Passenger Facility Charge program. This project will not impact the City's general fund.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
❑ Resolution 3/24/2020
❑ Construction Services Agreement 3/24/2020
Type
Resolution
Contract
2