HomeMy WebLinkAboutR-2020-074 Yakima Air Terminal-McAllister Field's East General Aviation Apron; Agreement with JUB Engineering, Inc.RESOLUTION NO. R-2020-074
A RESOLUTION
authorizing an Engineering Services Agreement with JUB Engineering, Inc. to
design, develop project specifications and assist in bidding a project to rehabilitate
the Yakima Air Terminal -McAllister Field's East General Aviation Apron, and to
submit a grant application for project funding
WHEREAS, the 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 Engineering Services Agreement
with JUB Engineering, Inc , attached hereto and incorporated herein by this reference, to design, develop
project specifications and assist in bidding a project to rehabilitate approximately 29,400 square yards of
the Yakima Air Terminal -McAllister Field's East General Aviation Apron, as well as associated drainage,
tiedowns, pavement markings and apron lighting, and to prepare and submit a grant application for
project funding to the FAA, 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 $152,757 00 of
federal grant funds and approximately $16,973 00 of Passenger Facility Charge funds, used as the
airport's local match requirement, to fund the work to be performed under the terms of the Engineering
Services Agreement, and
WHEREAS, in accordance with the terms and conditions of the Agreement for engineering
services attached hereto the engineer will perform the services specified 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
Engineering Services Agreement with JUB Engineering, Inc. in the amount not to exceed one hundred
sixty-nine thousand seven hundred thirty dollars ($169,730 00), to formulate, design, develop, provide
bidding services for and submit a grant application to the FAA for rehabilitation of approximately 29,400
square yards of the airport's East General Aviation Apron, as well as associated drainage, tiedowns,
pavement markings and apron lighting, as provided under Airport Improvement Program 3-53-0089-47
ADOPTED BY THE CITY COUNCIL this 71h day of July, 2020
Patricia Byers, 7 yor
Sonya Car Tee, City Clerk
\J
AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT)
East GA Apron Rehabilitation, A.LP. 3-53'0089-047-2020
Yakima Air Terminal, McAllister Field, Yakima, WA
THIS AGREEMENT is effective as of the 7th day of July, 2020 by and bebweon. City of Yakima, 128 N.
Second St..Yakima, VVAQOQU1 hereinafter referred tnenthe CLIENT, and J'U'BENGINEERS, |no.VV.
422 Riveneidw, Guiba3O4. 8pokano, Washington, 99301. an Idaho Corporation, hereinafter referred boos
J-U'B.
WHEREAS, the CLIENT intends hu� Rehabilitate the East General Aviation (GA)Apron hereinafter
referred toasthe ^Pmj��. The services tobeperformed byJ'U'Bare hereinafter referred toanthe
WyTNESSETH
Now, therefore, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set for
ARTICLE
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 inamanner consistent with the applicable standard ofcare, J'U'B'oservices shall belimited to
those axpmaoa/y set forth therein, and J'U'8 mhoU have no other obligations, dutiao, or responsibilities for
the Project except moprovided inthis Agreement.
1.02 SCHEDULE @FSERVICES TQBEPERFORMED
J'U'BwiU perform said Services in accordance with the schedule described in Attachment I Scope of
Services, Basis mfFee, and Schedule inamanner consistent with the applicable standard ofcare. This
schedule ohmU be equitably adjusted as the Project pnogreaoeo, allowing for changes in soope, 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 CL|ENT. J'U'B agrees bofurnish, or obtain from uthmm, additional
professional aemiona in connection with the PROJECT, on 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 osdescribed in Adio|m2. CLIENT'S RESPONSIBILITIES.
B. Provide oeminmu as an expert witness for the CLIENT in connection with litigation or other
proceedings involving the PROJECT. '
C. Assist or extend services an a result of othkan, wo|koubm, or other labor dioputeo, including acts
relating tosettlement ofminority group problems.
D. Mitigation work identified inthe environmental review,
E. Assist the CLIENT in resolving disputes over claims, bankruptcy, legal complaints ordefault cfthe
Agreement For Professional sorvices-FAAmrmat 0320(611212020 9:3/:00/M) Page
ARTICLE
CLIENT'S RESPONSIBILITIES
2/01 CLIENT'S RESPONSIBILITIES
The CLIENT ohoU furnish the following services at the CLIENT'S expense and in such o manner that
J-U-B may rely upon them in the performance of its services under this AGREEMENT:
A. Dosignab*, in wmtinA, e person authorized to act as the CLIENT'S contact. The CLIENT or his
designated contact ohoU receive and examine documents submitted by J'U'8 to determine
acceptability ofsaid douumonbs, interpret and define the CLIENT'S po|iniea, and render decisions
and authorizations in writing promptly to prevent unreasonable delay in the progress ofJ'U'B'o
B. Make available boJ'U'B all technical data that isinthe CLIENT'S poaaeoaion, including mopo,
eunxayo, property descriptions, bohngo, and other information required byJ'U'B and relating to its
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 inthe development ofthe PROJECT
and pay all costs incidental thereto.
O. Provide legal, accounting and insurance counseling services necessary for the PROJECT. Legal
review of the construction Contract Documentm, and such vvhUng namioan on the CLIENT may
require hoaccount for the expenditure cfconstruction funds,
E. Furnish permits and approvals from all governmental authorities having jurisdiction over the
PROJECT and from others aomay benecessary for completion mfthe PROJECT.
F. The CLIENT agrees to cooperate with J-U-B in the approval of all p|mno, reports and utudima, and
shall make a timely decision in order that no undue expense will be caused J-U-13 because of lack
of decisions. |fJ'U-B is caused extra drafting orother expense due to changes ordered by the
CLIENT after the completion and approval of the p|ona, noports, and ntudieo. J'U-8 ohmU 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 ofJ'U'B'oservices under this AGREEMENT.
H,Give prompt written notice toJ-U'8whenever the CLIENT observes orotherwise becomes aware
ufany defect inthe PROJECT orother event that may substantially affect J'U'B'operformance mf
services under this AGREEMENT.
| Promptly prepare and submit reimbursement requests tofunding agencies.
J. Compensate J'U-8for services promptly rendered under this AGREEMENT.
K. Obtain bids or proposals from contractors for work relating to the PROJECT and bear all costs
relating toadvertising.
L. When identified in the construction contract documents, provide construction surveys and materials
testing bythe successful contractor.
ARTICLE
J'U-B'S COMPENSATION
3.01 BASIC SERVICES COMPENSATION
J'U'Bshall provide services inconnection with the terms and conditions ofthis Agreement, and the CLIENT
shall compensate J'U'B therefore as detailed in Attachment 1 — Scope of Services, Bma|m of Fee and
Schedule.
Agreement For |oervicev—FAmpormat 0320(611212029:31:00^" Page
Partial payment shall bomade for the services performed mathe work under this AGREEMENT progresses.
Such payment is to be made monthly based on the itemized statamentm, invoimyo, orother evidences of
podnnnanne furnished to and approved by the CLIENT, All claims for payment will be submitted in a honn
compatible with current practices and acceptable to the CLIENT. Partial payments will include payroll costs,
adjusted for payroll bundeno, and general and administrative overhead, as well as out-of-pocket expenses,
plus that portion of the fixed Noa which its percentage of completion bmmno to the total coot of the fully
completed work under this AGREEMENT. The CLIENT oha|l make full payment ofthe value of such
documented monthly service osverified nnthe monthly statement.
3I2 ADDITIONAL COMPENSATION
|naddition toany and all compensation hereinabove. the CLIENT shall compensate J'U'Bfor 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 130
days from the effective date of this Agreement, or service described will not be completed during the term
ofthis Agreement through no fault of J-U-B, the Agreement shall be amended through mutual negotiation
toaddress both schedule and pricing impacts ofthe delay. CLIENT understands that any pricing increase
may not bagrant fundable byFAA.
3.04 ADDITIONAL CONDITIONS OFCOMPENSATION
The CLIENT and J'U'Bfurther agree that:
A. J'U-B ohmU submit monthly statements for Services rendered and for expenses inuurred, which
statements are due onpresentation. CLIENT shall make prompt monthly payments. |fCLIENT fails
to make any payment in full within thirty (30) days after receipt ofJ'U'8'ostatement, 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 bylaw, whichever ioless.
B. If the CLIENT hei|o to make monthly payments due J'U'B. J'U'B may, after giving ten (10) days
written notice tothe CL|ENT, suspend services under this Agreement.
C. When the CLIENT directs that competitive bids be taken for construction on alternate daoigno,
where this involves the preparation of designs, p|ono, and specifications for alternate facilities, the
compensation to J'U'8 mhoU be an additional payment to be negotiated at the time the CLIENT
directs that alternative designs, p|onm, and specifications be prepared. subject to FAA review and
approval.
D. No deductions shall be made from J'U'B'o compensation on account of penalty, liquidated
demogea, orother sums that may be withheld from payments to Contractors,
ARTICLE
GENERAL PROVISIONS
4.01 OWNERSHIP 0fDOCUMENTS
Upon the request of the CL|ENT. J'U'8 shall furnish the CLIENT copies of all mopa, plots, drawings,
estimate ahaehs, 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 hnnein, 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'a name orthat ofJ-U'8 ENGINEERS, Inc., attached
Agreement For Professional oemma —FAA Format oo20(61,212moxoumAM) Page
thereto. Final submittal ofJ'U'B's work product shall beinhard-copy format and noelectronic design files
will besubmitted aspart ofthe PROJECT, unless expressly requested.
Any reuse without written consent by J-U'B, orwithout verification or adoption by J'U-B for the specific
purpose intended by the rauoa, will be atCL|ENT'osole risk and without liability orlegal exposure to
J-U-B. The CLIENT shall release, defend, indemnify, and hold J-U-13 harmless from any claims, damages,
actions or causes of action, losses, and expenses, including reasonable attorneys' and expert fees, arising
out nforresulting from such reuse.
Agreements for Professional Services are public records which are generally subject to statutory public
disclosure and public wmbaiba posting naquinnmmnhe, and such disclosure will not be considered ^nouoa
without written consent byJ'U-B"
J'U'B ohoU retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary
information onsubsequent projects atJ'U'B'usole risk.
4.02 DELEGATION OPDUTIES
Neither the CLIENT nor J-U-B shall delegate, assign, sublet or transfer their respective duties under this
Agreement without the prior written consent ofthe other.
4.03 GENERAL
A. Should litigation occur between the two porUme 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)o,more waivers byeither
party or any pmnvision, bsrm, condidon, orcovenant shall not be construed by the other party as e
waiver ofsubsequent breach ofthe same bythe other party.
D. J'U'B nhoU render its services under this AGREEMENT in accordance with generally accepted
professional practices and Standard ofCare, J'U-Bmakes noother warranty for the work provided
under this AGREEMENT.
E. CLIENT grants J-U-13 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,
vxmbmite, intranet, and marketing. This right shall survive the termination of this Agreement.
F. Any opinion of the estimated construction coat prepared by J'U'8 represents its judgment as o
design professional and is supplied for the general guidance of the CLIENT. Since J'U'8 has no
control over the cost oflabor and mabeha|, or over umrnpeUUve bidding or market condiUons.
J-U-13 does not guarantee the accuracy of such opinions as compared to Contractor bids or actual
costs huthe CLIENT.
G. Any notice or other communications required or permitted by this contract or by |avv to be served
on. given to, or delivered tueither party hereto bythe other party shall be in writing and shall be
deemed duly nerved, given, or delivered when personally delivered to the party to whom it is
addressed or, in lieu ofsuch personal service, when deposited inthe United States mail, certified
moi|, return receipt requested, addressed tothe CLIENT at 139 N. Second Stremt, Yehimm, WA
QBA01and tuJ-U-13 at W. 422 Riverside, Suite 304. Spokane, Washington, 99201, Either party, the
CLIENT or J-U-B, may change his address for the purpose of this paragraph by giving written notice
ofsuch change tothe other party inthe manner provided inthis paragraph.
H. In oni|a investigation work and determining subsurface conditions for the PROJECT the
characteristics may vary greatly between successive test points and sample intervals. J'U'Bwi||
coordinate this work inaccordance with generally accepted engineering practices and makes no
Agreement For Professional Services — FAA Format 0320(611212020m,:00AM) Page
FAA *urenm*nt—u 19
other warranties, expressed or implied, as to the professional advice furnished by others under the
terms ofthis AGREEMENT.
|. 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 mmana, methodm, bynhniquem, sequences or
procedures required for the Contractor to perform his work ino|uding, but not limited to, aircraft
safety preoautiono, ahoring, 000ffo|ding, undmrpinning, temporary nabainmentofexcavations, 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-1-1-13's fees, shall
he submitted to nonbinding mediation before mutually acceptable mediator as o 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 aothe primary method fordimpuiereao|utimnmmonQmUthepmrUesinvn|vadinthePnojmo.|nthe
event the parties are unable to agree on o mediobor, said mediator shall be appointed by m 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-13'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, WA.
4.05 INSURANCE AND INDEMNITY
A. J-U-8 agrees to procure and mainbain, at its expense, CommercialGeneral
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 mots, enona, or
omissions for which J'U'8 is legally |iob|e, subject to and limited by the provisions in Subsection
4.05.O. "Allocation of Risks", if any. J-U'B ahoU deliver to the CL|ENT, prior to execution of the
AGREEMENT by the CLIENT and prior to commencing woMh. Certificates of Insurance, identified
on their face as the Agreement Number to which mpp|icob|o, as evidence that policies providing
such coverage and limits of insurance one 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 oanne||edon, barminedon, or e|Uynadon of said policies of
Insurance.
B. Ind 'Tothe ������m�����J��s�Ui�e��and h�
konn�auCLIENT, and CL|ENTsofficers, din»ctoxn, podnero, oQants, cunou|tonts, and employees
from and against any and all claims, costs, losses, and damages (including but not limited to all
fees and charges of CLIENT. anohibsto, mttnmeym, and other pnofesoiona|n, and all court,
arbitraUon, or other dispute resolution costs) arising out of or na|odng to the PRDJECT, 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 orJ'U'B'o offioera, dirednro, portnero, ennp|oyuma. or Consultants. The indemnification
provision of the preceding sentence is subject to and limited by the provisions agreed to by CLIENT
and J-U'BinSubsection 4.O5.D."Allocation ofRieks.^ifany.
C. I.ndemnification by CLIENT. Tothe fullest extent permitted by |evv. CLIENT shall indemnify and
hold herm|meo J-U'B. J'U'B'eoffiooro' dinootom, portneno, ogentm, employees, and Consultants
from and against any and all claims costs, losses, and damages (including but not limited to all fees
and charges ofJ'U-B. aruhib*ots, attornoym, and other professionals, and all court, erbitrebon, or
other dispute resolution costs) arising out oforrelating to the PROJECT, provided that any such
Agreement For Professional Services -FAA Fnnnu 0320(6112120209o1:00^M) Page
claim cost, loaa, or damage in attributable to bodily in]ury, oicknoea, dineoae, or death or to injury
toordestruction of tangible property (other thantheVVmrkitsm|0. including the loss nfuse noau|Ung
there from, but only to the extent caused by any negligent act, ermr, or omission of CLIENT or
CL|ENT`a offioero, diraotona, or employees, retained by or under contract to the CLIENT with
respect bothis AGREEMENT ortothe PROJECT.
D. Allocationof Risks, The CLIENT and J-U'B have discussed the rimkm, rewards and benefits of the
project and the design professional's total fee for services. The risks have been allocateduuchthct
the CLIENT agrees that, to the fullest extent permitted by |avv. J'U-B'm total liability tnthe CLIENT
for any and all injuries, claims, |oonem, expanaeo, damages or claims expenses arising out ufthis
agreement from any cause or causes, shall not exceed the total amount of fees paid to J-U-13 under
this Agreement. Such omunas inc|ude, but are not limited toJ'U-B'o nag|igenoa, errors, omission
and strict liability. Neither CLIENT nor J'U-8 shall be responsible for inoidnnta|, indirect or
consequential damages.
E. J'U'B neaeoxam the right to obtain the nnmicam of other consulting engineers and consultants
experienced in airport work to prepare and execute a portion of the mmrh that relates to the
PROJECT.
F. Nothing contained in this agreement shall create a contractual relationship with ora cause of action
in favor of a third party against J-U-B.
4.06 EXTENT OFAGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J-1.1-Band
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 byJ'U-B's staff as part oftheir services shall not
relieve the construction Contractor of his obligation to conduct comprehensive inspection of the work
sufficient toensure conformance with the intent ofthe Contract Oocumento, and shall not relieve the
construction Contractor of his full responsibility for all construction means, methods, techniques, sequences
and pnonodunao necessary for coordination and completing all portions of the mmrh under the construction
contract and for all safety precautions related thereto. Language to this wffect, shall be included in
Construction Contract Documents Such visits byJ'U'B'm staff are motto be construed on part ofthe
observation duties of the on -site observation personnel defined in other parts of this Agreement.
4.08 FUNCTION 0fON-SITE OBSERVATION AND PERSONNEL
If the scope of services includes construction engineehng. J'U'B may be required to act as the Resident
Project Representative (RPR)on the PROJECT, When oostipulated, the RPRand on -site observation
personnel will make reasonable efforts toguard 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 isincluded onservices ofthis agreement, SbandmndExhibitA—Cmnst,uotion
Phase Sorvioas, aUonhad, outlines the specific responsibilities of J'U-8, 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 inc|udm, but are not limited to, full
responsibility for the techniques and sequences of construction and the safety precautions related to the
construction and commissioning ofthe work -
Agreement ro,profesmmu|aervmes—FAAmrmat 0320(6?1212020 9:31:00xw Pages
ARTICLE
FAA FEDERAL CLAUSES
5.01 SUCCESSORS AND ASSIGNMENTS
& The CLIENT and J'U'8 each binds itself and its partners, succe000ra, exmnuboro, administrators
and assigns hothe other parties to this Agreement, and to the successors, executors, administrators
and assigns ufsuch other party inrespect toall covenants ofthis Agreement.
B. It is understood by the CLIENT and J-U-13 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 port of J'U'8. Upon receipt of the ncdiva of termination, except as
explicitly directed by the CLIENT, J-U-B must immediately discontinue all services affected.
Upon termination of the Agreomnent. J-U-B must deliver to the CLIENT all data, aun°eyn, modo|e,
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-13 for satisfactory work completed
up through the date J'U'B receives the termination notice. Compensation will not include
anticipated profit onnon-performed services.
CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are
incomplete aoeresult ofthe 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 banninetm the Agreement. The notice must specify the nature and extent of the bruooh, 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 inwhole orinpart,
for the failure ufJ'U'Bto:
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 eeoanUa| to the completion of the
Project.
Upon receipt of the notice of termination, J-U-13 must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agroomont. J'U-8
must deliver bz the CLIENT all data, eummye, mode|a, drevvinga, opeoificotiono, ropoda,
mapm, phobognapho, auUmnabus, nummariaa, and other documents and materials prepared
byJ'U'Bunder this contract, whether complete orpartially complete.
Agreement Fo,professxma|Sewicea—FAA Format 0320(611212m9:3mmAM) Pager
CLIENT agrees tomake just and equitable compensation toJ'U'Bfor satisfactory work
completed upthrough the date J'U-8receives the termination notice. Compensation will
not include anticipated profit onnon-performed services.
CLIENT further agrees to hold J'U'8 harmless for errors or omissions in documents that
are incomplete oaaresult mfthe termination action under this clause.
If, after finalization of the termination action, the CLIENT determines J'U'B was not in
default of the Agn*ommnt, the rights and obligations of the parties oheU be the name as if
the CLIENT issued the termination for the convenience ofthe CLIENT.
b) Termination by Consultant: �-Bmay terminate this Agreement in whole or in part, if
the CL|ENl[
1. Defaults onits obligations under this Agreement;
2. Fails bomake payment toJ'U'8inaccordance with the terms ofthis AQreement
3. Suspends the Project for more than 120 days due to e000nn beyond the oonbn| of
J'U'B.
Upon receipt of o notice of termination from J-U'B. CLIENT mQnaos to cooperate with
J-U-B for the purpose of terminating the agreement or portion thereof, by mutual consent.
If CLIENT and J-U-B cannot reach mutual agreement on the termination settlement,
J-U'B may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the CLIENT's breach of the contract.
In the event of termination due to CLIENT breach, the Engineer is entitled to invoice
CLIENT and to receive full payment for all ommioea 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 horm|oao for errors nr
omissions in documents that are incomplete as a result of the termination action under this
clause,
5.03 CERTIFICATIONS OFJ-W'BAND 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 orretain, nragree hoemploy orretain, any firm orpersons; or
2. Aoy, or agree to pny, to any firm, person ororganization, any fee, cnntribudon, donation or
consideration ofany kind.
B. Asigned "Certificate for Contracts, Gnonbo. Loans, and Cooperative Agreements" is included with
this agreement.
0.04 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 assenmad, for which all judicial and administrative
remedies have been exhausted or have |epaed, 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 criminal violation under any
Federal law within the preceding 24months,
5'05 CIVIL RIGHTS GENERAL
J-U-13 agrees that it will comply with pertinent statutes, Executive Orders, and such rules as are promulgated
bnensure that no person shall, on the grounds ofrace, cnaed, oo|or, national origin, nmx, agm, or disability,
be excluded from participating in any activity conducted with or benefiting from Federal assistance.
Agreementrmpmfeso|vnmswmmes-FAAmmat 0320(611212020 9:31:00/M) Page
This provision binds J'U-B and oubber 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, euhconuuUanho, its assignees and successors in
inbonaot. agrees mmfollows:
A. Compliance with Regulations. J'U'Bwill comply with the Title VlList ofPertinent Nondiscrimination
Acts and Authorities as they may be amended from time hotime (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this contract.
B. Non-discrimination.,i�J'U'B. with regard to the work performed by it during the oontnaot, shall not
diaorimmta on the grounds of race, no|or, or national origin in the selection and retention of
oubconmu|tantn, including procurements of materials and |eamam 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 inAppendix Bpf4SCFRPart 21.
C. Solicitations for Subcontracts. Including Procurements of Materials and In all
Solicitations either by competitive bidding or negotiation made by J-U-B for work to be performed
under mubonntnoct, including procurements of materials or (eommo 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.
O. J'U-QwiU provide all information and reports required bythe Acts, the
Regulations and directives issued pursuant thereto and will permit access to its buoho, n*oondm,
acoounte, 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 inhonnmdon. J'U-B will so certify to the CLIENT or the F&A, an
appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. |nthe event ofJ-U-8'ononcompliance with the non-discrimination
provisions of this contract, the CLIENT will impose such contract aanuUmna as it or the FAA, may
determine to be appnoprietm, including, but not limited to:
1. withholding of payments to J-U-B under the contract until J-U-B complies, and/or
2, oonueUation, bemninotion, or suspension of the contract, in whole or in part.
F. Incorporation of Provisions. J'U-8 will include the provisions ofparagraphs Athrough E in every
nubcunhmot, including pnnmunumenhu of materials and |maoea of equipment, un|aue exempt by the
Acts. Regulations and directives issued pursuant thereto. J'U'8viU take such action with respect
tnany subcontract orprocurement aothe CLIENT nrthe FAA may direct aoameans nfenforcing
such provisions including sanctions for noncompliance. Pruvided, that ifJ'U'B becomes involved
in, or is threatened with, litigation by m mubuunau|bontorsupplier ao a naou|t 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 protectthe interests
of the United States,
5.07 TITLE VILIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this contract, J'U'B, for itself, its ansignoen, and nuooennonn in interest agrees
to comply with the following non'dim,chmination stabmhao and authorities; including but not limited to:
~ Title V1 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et emq`. 78 staL 252). (prohibits
discrimination on the basis of race, co|or, national origin);
° 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of
Tnmnspa dabmn--EffmctuaUonofTitle V|ofThe Civil Rights Act of1QG4);
Agreement For Professional Services - FAA Format 0320(611212020 9:31:00/M) Page
� The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4801). (prohibits unfair treatment of persons displaced or whose property has been acquired
because ofFederal orFederal-aid programs and pmojects);
� Section 504 of the Rehabilitation Act of 1973. (28 U.S.C. § 794 et aeq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part27;
° The Age Discrimination Act of 1975. as amended, (42 US.C� § 8101 et seq.). (prohibits
discrimination nnthe basis ofaye);
• Airport and Airway Improvement Act of 1982. (40 USC @ 471. Goodon 47123), as amended,
(prohibits discrimination based on naoe, cnoad, oo|or, national origin or sex);
• The Civil Rights Restoration Act cf1987. (PL 100-209). (Broadened the scope, coverage and
applicability ofTitle V| of the Civil Rights Act of 1984. 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
andoontnactono.whetharounhpmgrammuractivitieumnuFmderoUyhundmdornoU;
• Titles Uand III ofthe Americans with Disabilities Act cf1QQU.which prohibit discrimination onthe
basis of disability in the operation ofpublic entities, public and private transportation oystemm,
p|onao cfpublic accommodation, and certain b»aUn0 anUdao (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 stahwba(48 U.S.C, §471%3)(prohibits
discrimination on the basis of race, color. national ohgin, and sex);
w Executive Order 128Q8. Federal Actions hnAddress Environmental Justice in Minority Populations
and Low+|nommmPopu|aUono. which ensures non-discrimination against minority populations by
discouraging prm0nnmo, po|ioias, and activities with disproportionately high and adverse human
health orenvironmental effects onminority and low-income popu\ationo�
• 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
to741OO);
� Title |X of the Education Amendments of 1972, as ammndmd, 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 of4DCFR part 28apply tothis contract. |tiothe policy of the CLIENT topractice
nondiscrimination based on xaoo, oo|ur, sex or national origin in the award or performance of this
contract. The CLIENT encourages participation by all firms qualifying under this solicitation
regardless ufbusiness size orownership.
B. Contract Assurance (§26.13). J'U-B shall not discriminate on the basis of race, nulor, national
ohgin, or sex in the performance of this contract. J-U'B shall oyny out applicable requirements of
49 CFR Part2G in the award and administration of DOT assisted contracts. Failure byJ-U'B to
carry out these requirements is a material breach of this contnact, which may n»nu|t in the
termination of this contract or such other remedy, as the recipient deems appropriate.
C. Prompt Payment (§26.29). J'U'8 agrees to pay each consultant under this agreement for
aoUohuotory pnrfmnnmnma of its contract no later than 30 days from the receipt o[each payment
J'U'B noomivmn from the CLIENT. J'U'8 mgneoa further to return rebainmge 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 u|muaa applies to both DBE and non -DBE
oubconeu|tanto.
Agreement For Professional Gorvimm-rAArvnnmuo2o(6,uov20ov,:00AM) puoo1u
(7)
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-13, 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 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 extenaion, conbnuadon, renewal,
amendment or modification of any Federal grant, contract, loan, or cooperative agreement.
B. |fany funds other thonRadeua|apprmphaUydfundnhomybeenpaidorwiUbepaidLmnnypensonhnr
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer oremployee ofCongress, or an employee ofa Member ofCongress in connection with
any Federal contract, |oon, grant, or cooperative ognaammnt. J-U-B shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. J-U'Bshall require that the language ufthis certification beincluded inthe 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 cfthis contract, J-U'Bagrees osfo|lowo
(1) J-U-B will not discriminate against any employee orapplicant for employment because of race,
color, religion, sex, or national origin. J-U-13 will take affirmative action to ensure that applicants are
amp|oyed, and that employees are beot»d during employment without nagond to their naoe, oo|or,
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; rotes of pay or other forms of compmnoaUon� and selection for
tra|ning, including apprenticeship. J'U'8 agrees to post in conspicuous p|auoa, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
J'U'Qwill, hnall solicitations oradvertisements for employees placed byoronbehalf ofJ'U-8.state
that all qualified applicants will receive considerations for employment withoutregard torace, color,
re|igion, uox. ornational origin.
J-U-B will send to each labor union o/ 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 cfJ-U'8'o commitments under this oacUon, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
J-U'Bwill comply with all provisions ofExecutive Order 11248ofSeptember 24` 1QG5.and ofthe
rules, regulations, and relevant orders ofthe Secretary ofLabor.
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 booko, naonnds, and accounts bythe administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such ru|eo, nuQu|mUono, and
orders.
(6) In the event of J-11-1-13's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, rogu|oUons, or ondens, this contract may be oanoo|ed, henninated, or
suspended in whole or in port and J'1.1'8 may be declared ineligible for further Government
contracts orfederally 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 11248 ofSeptember 34. 1085, or by rule,
regulation, ororder of the Secretary ofLabor, orosotherwise provided bylaw.
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 0320(61121202v9,11:00 AM) Page11
Fx«*o=omenLao10
by mlee, regulabono, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 1124SofSeptember 24. 1QO5.mothat such provisions will bmbinding upon each
subcontractor orvendor. 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 provisiona, including
sanctions for noncompliance: Provided, however, That in the event J'U'B becomes involved in, or
is threatened with. litigation with m subcontractor or vendor as o result of such direction by the
administering agency J'U'8 may request the United States toenter into such litigation to protect
the interests of the United States.
5.11 ACCESS TO RECORDS AND REPORTS
J'U-Bmust maintain enacceptable cost accounting system. J'U'Bagrees hoprovide the CLIENT, the FAA,
and the Comptroller General ofthe United States orany of their duly authorized representatives access hu
any books, documents, papers, and records of J-U-13 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
iomade and all pending matters are closed.
5.12 TRADE RESTRICTION CERTIFICATION (49 CFRPmrt 30)
Bysubmission ofmnoffer, J'U`8certifies that with respect huthis solicitation and any resultant contract, the
Offeror -
A. is not owned or controlled by one or more citizens of foreign country included in the list of
countries that discriminate against U.S. firms aopublished bythe Office ofthe United States Trade
Repvommnbadva(U.GIRj;
O. has not knowingly entered into any contract or subcontract for this project with a person that is o
citizen or national of a foreign country included on the list of countries that discriminate against U.S.
firms anpublished bythe U.GT.R;and
C. has not entered into any subcontract for any product hoboused onthe Federal public works project
that is produced in a foreign country included on the list of countries that discriminate against U.S.
firms published bythe 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 fm|om, fiotidouo, or fraudulent certification may render the maker subject to prosecution
under Title 18United States Code, Section 1O01.
J-U-13 must provide immediate written notice to the CLIENT if J-U-B learns that its certification or that of a
oubnonau|tant was erroneous when submitted or has become erroneous by reason of changed
nirnumabonuan. 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
CFR38.17.nocontract shall baawarded bneoubnonou|bsnt
1) who is owned or controlled byone mrmore citizens ornationals ofaforeign country included on
the list ufcountries that discriminate against U.G. firms published bythe U.G.T.R.or
2) whose ouboonau|tanty are owned or controlled by one or more citizens or noUono|a of foreign
country on such U S.T.R list or
3) who incorporates in the public works project any product ofe foreign country on such U.S.T.R. |ioL
Nothing contained in the foregoing shall be construed to require establishment ofa ayoham of records in
order to render. in good hyith, the certification required by this provision. The knowledge and information
of a consultant is not required to exceed that which is normally pomaooamd by a prudent person in the
ordinary course ofbusiness dealings.
J'U'8 agrees that, if awarded m contract resulting from this oo|initatiom, it will incorporate this provision for
certification without modification in in all lower tier subcontracts. J-U'8 may rely on the certification of
Agreement For Professional oervmes—FAA Format n320(6112120209:3,:00AM) Page1z
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 isamaterial representation cffact upon which reliance was placed when making anaward.
If it is later determined that J'U'B oryubuonou8ant knowingly rendered an erroneous certification, the
Federal Aviation Administration may direct through the CLIENT cancellation of the contract or subcontract
for default mtnocost hothe CLIENT orthe FAA.
5.13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION
J'U-Bcertifies, bysubmission ofthis proposal oracceptance of this contract, that neither itnor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntarily excluded from
participation inthis transaction byany Federal department oragency,
' 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'13 ahoU verify each lower tier participant of "covered
transaction" under the project is not presently debarred or otherwise disqualified from participation in this
«' federally assisted project. J'U'8will accomplish this by:
�
, 1) Checking the System for Award Management sdwebaibu: http://xwww.aom.Qov
2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
� (Bidder orC>ffenur).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 hailed to disclose to s higher der participant that it
was excluded or disqualified atthe time it entered the covered transaction, the FAA may pursue any
available nomediao, including suspension and debarment ofthe non -compliant participant.
5.14 OCCUPATIONAL HEALTH ACT 0P1070
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of
20 CFR Port 1910 with the same force and effect as if given in hu|| text. J-U'B ahe|| provide o work
environment that is free from recognized hazards that may cause death or serious physical harm tothe
] employee. J-U'B retains full responsibility to monitor its compliance and thmi/eubonnsu|bant'm compliance
with the applicable requirements ofthe Occupational Safety and Health Act of1O7D(2OCFRPart 101O).
J'U-B will address any claims urdisputes that pertain to m referenced requirement directly with the U.S.
j Department cfLabor - Occupational Safety and Health Administration.
5L15 FEDERAL FAIR LABOR STANDARDS ACT
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29
CFRpart 2D1.the Federal Fair Labor Standards Act (FLSA).with the same force and effect enifgiven in
full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
� part time workers.
J-U'8 has full responsibility to monitor compliance to the referenced statute or regulation. J-U'GwiU
address any claims or disputes that arise from this requirement directly with the U.G. Department nfLabor
-VVagaandHourOivimion
5L16 VETERAN'S PREFERENCE
In the employment oflabor (excluding axenutive, mdminiotrabve, and supervisory pooitions). 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 veberano, and mmo|| business concerns (as defined by 15 U.S.C. 682) owned and
controlled bydisabled veterans. This preference only applies when there are covered veterans readily
� available and qualified hu perform the work bowhich the employment relates.
xwreamwmporProfeoivnn|Svrmces-pAApvnnat 03mu(6"2120m*vuwAM) paye10
5.17 T2XTNG WHILE DRIVING.
In accordance with Executive Order 13513. "Federal Leadership on Reducing Text Messaging While
Driving" and DOT Order 38D2.1U "Text Messaging While DhvinQ^ FAA encourages recipients nfFederal
grant funds to adopt and enforce safety policies that decrease crashes by distracted dhvoro, including
policies to ban text messaging while driving when performing work related to grant ormub-gnant
J-U-13 has in place a policy within J-U-13 Accident Prevention plan that prohibits all employees from texting
and driving. J-U-13 shall include these policies in each third party subcontract involved on this project.
5.18 HUMAN TRAFFICKING
A. J-U'B. J-1.1'13'n emp|oyeoa, and subcontractors may not engage in oovena forms of trafficking in
persons during the period of time that the FAA award is in effect, procure a commercial sex oo
during the period of time that the award is in effect, or use forced labor in the performance of the
award orsub-awards under the award.
B. For the purpose ofthis award term, ^annp|oyee^includes:
1 An individual employed by you or a sub -recipient who is engaged in the performance of the
project orprogram 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 avvmvd term only, "forced labor" means labor obtained by any of the
following methods: the neuruitmont, harboring, tnansportation, pnovioion, or obtaining of a person
for labor or services through the use of force, haud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, orslavery.
O. 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 LIZ.C.
71O2)�
5'19 ENERGY CONSERVATION
J-U-113 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 (42U.S.C.G2O1otoeq)
5.20 PROHIBITION OFSEGREGATED FACILITIES
(1) J'U'8 agrees that it does not and will not maintain or provide for its employees any segregated
facilities atany of its oohxb|iohmentn, 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 ognwms that a bnaooh of this clause is m violation of the Equal Opportunity douna in this
contract.
(2) "Segregated facilities," as used in this clause, means any waiting noomu, work anaaa, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage
or dressing oreas, parking lots, drinking founbeine, recreation o, enbndoinmnard erems,
tnynmportaUnn, and housing facilities provided for employees, that are segregated by explicit
directive or are infact segregated on the basis ofrace, uo|or, nm|iQion, aeu, or national origin
because of written or oral pm|ioino or employee custom. The term does not include meponobe or
single -user rest rooms or nmomoaory dressing or sleeping areas provided to assure privacy
between the sexes.
J-U-13 shall include this clause in every subcontract and purchase order that is subject to the Equal
Opportunity clause of this contract.
(3)
Agreement For Professional Services -FAA Format onun(611uoom*xumAM) Page 14
5.21 BREACH OF CONTRACT TERMS (49 CFR Part18.36)
Any violation or breach of terms of this contract on the part of J-U-B or its subconsultants mayresult inthe
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'8 written notice that describes the nature of the breach and corrective actions
J'U'Bmust undertake inorder toavoid termination ofthe contract. CLIENT reserves the right towithhold
payments to Contractor until such time J'U-B corrects the breach orthe CLIENT elects toterminate the
contract. The CLIENT's notice will identify a specific date by which J-U-13 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
CL|ENT'unotice.
The duties and obligations imposed bythis 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.
5.23 CLEAN AIR AND WATER POLLUTION CONTROL
J'U'8agrees bocomply with all applicable standards, orders, andraQulaUoneinnuedpurmumntbothoC|eon
Air Act (42 U.S.C. § 740-7671q) and the Federal VVabnr Pollution Control Act as amended (33U.S.C.
§ 1251-1387). J-LI-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
J-U-Bwill include this requirement inall subcontracts that exceed $15D.00O.
Agreement For Professional uuwmp,—pAxponno u000(6muov20vm^mAM) pooem
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:
Title:
CITY CONTRACT tiL(t LA). Q11
RESOLUTION NO: — •rD 0,9 (*)
J-U-B:
J-U-B ENGINEERS, Inc.
By:
Name:
ATTEST
Name:
Title: Aviation Services Group Manager Title:
Applicable
Attachments
or Exhibit to
this
Agreement
are indicated
as marked
0
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 16 - Fee Breakdown
Attachment 2 -Special Provisions
Exhibit A - Construction Phase
Services
PFA - Senior
Agreement For Professional Services - FAA Format 0320(en2/2o2o 10:31:00 AM) Page 16
FAA Agreement_2019
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, tothe best ofhis orher 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 ofCongress inconneobonvviththomwardingofanyFedmro|ountnact.thmmohingofeny
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,
gnont, loan, urcooperative 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 emplof Congress, oranemployee ofoMember ofCongress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
oho||uomp|abyandaubmitGtandordFonnLLL^Oian|oounemfLobbyAuixiUea''.|naommndmnom
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 contractsunder
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made orentered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed bysection 1352.title 31.U.S.Code. Any person who fails bofile 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,
/
�
�
20
Sponmzhm
Agreement For Professional Servimm-FAA Format u320(61121202o9:31:00AM) Page1r
FAA «oreemont-ao1s
�ff ttmmatRs' INC
J-U-BENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES — (FAA FORMAT)
AdachnmmntI-Scupoof Services, Basis ofFee, and Schedule
PROJECT NAME: East GAApron Rehabilitation
AIRPORT NAME: Yakima Air Terminal, McAllister Field, VVA
CLIENT: City of Yakima
A.KRNWH80ER: 3-53-0089-047-2020
J'U'BPROJECT NUMBER: 70-20-005
CLIENT PROJECT NUMBER:
ATTACHMENT TO:
AGREEMENT DATED: 7/7/2030;or
O AUTHORIZATIONFOR ADDITIONAL SERVICES #X;DATE0: Click,or tip to
C11
The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B)
and the CLIENT ioamended and supplemented buinclude the following provisions regarding the Scope of
Services, Basis of Fee, and/or Schedule:
PART 1-PROJECT UNDERSTANDING
FAA AIP 3-53-0089-047-2021 includes the Project Formulation, Preliminary and Final Design, Bidding, and
Project Closeout Engineering Services for the following work:
° East General Aviation (GA) Apron Rehabilitation project.
A detailed Scope of Services is provided in Attachment 1 A - Detailed Scope of Work.
PART 2-BASIS OFFEE
A. CLIENT shall pay J'W'0for the identified Services in PART i as follows:
1. Project Formulation, Preliminary and Final Design, Bidding and Project Closeout
Engineering Phase. The CLIENT uhoU compensate J'U'B on the basis of lump sum amount of
One Hundred Siuty'NineThouoend. Seven Hundred Thirty Dollars and No Cents ($168.730.00)
See Attachment 1Bfor mdetailed cost breakdown.
PART 3-SCHEDULE OF SERVICES
J'U'Bwill perform all services according 0uthe following schedule:
Preliminary and Final Design - August 1.2O2OhnJanuary 31.2O21
Bidding: February 1.2O21 - March 31.2O2l
Project Closeout - April 1.2O21-December 31.2U21
This Agreement shall be in effect from July 7. 2020Un Dmoomber31 2021. |nthe 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 inscope,
character or size of the PROJECT requested by the CLIENT or for delays or other causes beyond J-U-B's
NOTE omCmromuirus and Sr�����U-B is committed to meeting yourpmjenuchedule
commitments as delineated above. Aoour response to the COVID-YQpandemic, �U-B isengaging in
safety procedures to help protect our clients, staff, their families, and the public. Our staff or offices may
Agreement For Professional aommv -FxApvnnu
Attachment 1-FAA Scope mServices, ocmonule,e,meamaofpeo(nv,.umxm0) Puop1'1
be subject to quarantine or other interruptions. Since COVID-19 impacts are beyond J-U-B's control, we
are not responsible for the force majeure impacts to delivery timelines, or subsequent project delays and
related claims, costs, or damages. Should circumstances related to the COVID-19 issue arise with J-U-B
staff or in a J-U-B office that will impact our delivery schedule, we will notify you of the circumstances and
mutually agme to a schedule adjustment
ExhIbit(s):
• Attachment 1A - Detailed Scope of Work
• Attachment 1B Fee Breakdown
For intemal J-U-B use only:
PROJECT LOCATION (STATE): Washington
TYPE OF WORK: Citv
R&D: Yes
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. 051220) Page 1-2
�1-6ENGINEERS, INC.
J-10-13 ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 1A — Detailed Scope of Work
PROJECT NAME: East GAApron Rehabilitation Project — Design Only
AIRPORT NAME: Yakima Air Terminal — McAllister Field
CLIENT: City o[Yakima
AJ'P.NU8QBGR: 3-53-0089-047-2021.
J'0-BPROJECT NUMBER: 70-.20-006
CLIENT PROJECT NUMBER:
ATTACHMENT TO:
AGREEMENT DATED: July XX.2O2O;mr
OAUTHORIZATION FOR ADDITIONAL SERVICES #X;DATED:
0
The referenced Agreement for Professional Services executed between J-LI-BENGINEERS, 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 I -PROJECT UNDERSTANDING
FAAAJP included the Project Formulation, Preliminary and Final Design, Bidding and
Project Closeout Engineering Services for the following Items:
� East General Aviation (GA) Apron Rehabilitation project. This project is anticipated to include
rehabilitation and/or reconstruction of approximately 29,400 square yards of asphalt pavement,
associated surface drainage, tie -downs, pavement markings and apron lighting. The East GA Apron
will continue to accommodate light aircraft, heavy aircraft terminal apron overflow, as well as
helicopters. The overall tie -down layout willbeevaluated and revised tomeet standards and
improve efficiency. The project is anticipated to be bid with a base bid and alternate bid schedule(s)
imorder bnmatch the available project funding levels.
PART 2'SCOPE OFSERVICES BYJ'U-B
J'U'B'sServices under this Agreement are limited to the following tasks. Any other items necessary tnplan
and implement the project, including but not limited to those specifically listed in PART 3, are the
responsibility mfCLIENT.
A. Task M01:Project Formulation Phase
1. Conduct Pre -design meeting with CLIENT and FAA etthe Airport. The meeting will be held to
determine the planning and study issues that will need to be addressed during the design of the
project. The FAA Pnedonign Conference Checklist will be the guide for project discussions.
Minutes of the Predesign meeting will be compiled and forwarded to the FAA and CLIENT.
2. Assist the CLIENT with Project Scope development and formulation. J'U'Bwill prepare aScope
of Services narrative and detailed description of all work tasks for CLIENT and FAA review and
approval. Discuss review comments and revise accordingly.
�. Upon approval of the Scope of Services, J-U-B will prepare a listing of work tasks in a spreadsheet
with"empty cells" for pn,00n'houro, hourly rohos, eupenoon, and costs for both projects. This
spreadsheet will beused for both J'U'Band the Independent Fee estimate. J'U'Bshall prepare a
detailed cost proposal on the spreadsheet, based on estimates of work to accomplish the Scope of
Gamineo
J-u-aAgreement for Professional Services
4. Assist Client with Record of Negotiations documentation. J'U'Bshall provide the CLIENT and the
Independent Fee Estimator (|FE) with o blank penoon'houropnoaduhnnt. Scope of Services, and
overall project estimate.
5. Prepare an Agreement for Professional Services for submittal and review by the CLIENT and FAA,
including the FAA Professional Service Agreement Checklist. The Agreement shall be
comprehensive in description of services and responsibilities of all contract parties,
0. Assist CLIENT with pnupmreUom and submittal of FAA Grant Application for Federal Aeoio1anuo
for the project, including estimated project costs, drawings, and a schedule for FAA submittal prior
tobeginning o/the project.
7. Assist CLIENT in the submittal of FAA Sponsor Certifications. These include the "Selection of
Consultants". "Project Plans and Specifications", "Drug Free Workplace", "Equipment/Construction
Contracts", "Disclosure Regarding Potential Conflicts" and "Construction Project Final Acceptance".
8. Provide the following services related to Federal Disadvantaged Business Enterprise requirements
(DBE),
o. Analyze opportunities for Disadvantaged Business Enterprise (DBE) participation during
construction and ouoint CLIENT in preparing o three-year goal for2O21'2O23 for the AC|P
projects.
b. Coordinate a DBE conference call by contacting various Chambers of Commerce asking them
to advertise that them will be o conference call for anyone inhonooh*d in the DBE goal setting
methodology for this project. Contact specific D8E'oinarea that could beinterested inbidding
the project. The conference call would be e 2'huurm/indmm. monitored via speakerphone and
respond ifanyone does call in.
o. Coordinate CLIENT DBE Goal Advertisements for the new 2021-2023 three-year goal on the
CL|ENT'owebuitofor o minimum uf30days.
d. Finalize and submit new 2021-2023 three-year goal to FAA Civil Rights office, notify FAA ADO
inwriting once goal has been submitted. '
o. Update sponsor's DBE Program Plan and submit to FAA Civil Rights for review and approval.
8. Prepare and submit four (4) FAA Quarterly Performance Reports and Fionm| Year End Financial
FAA 271and 425forms throughout the project.
10. Attend eight (8) meetings with the Airport Director during the project in order to keep Airport
personnel and management abreast ofthe progress uf the projects. Discussions will include project
phmainQ, budget and schedule updates,
11. Assist CLIENT in preparation and processing of monthly Request for Reimbursement (RFR) by
submitting data aodescribed. |tioanticipated that the CLIENT will prepare and process eight (8)
monthly sets ofRFR'packages' for this project. J-U-B will provide documentation of costs for the
CUENT's use in performing the Request for Reimbursements including consultant invoices,
reimbursement spreadsheet and Standard Form 271
B. Task 002:Preliminary Design Phase
1. Investigate the proposed job site at the Airport. Allow civil design personnel to become familiar
with the proposed ]obaitm. Take photographs, perform avisual survey ofthe pavement areas, and
otherwise document findings nfvisit.
2. Provide or obtain field uurvnyn, which include detailed topographic and cmmu section information
of improvement areas for design purposes. Coordinate with surveyors to verify that design survey
is performed as required. This will include one (1) on -site meeting with surveyors to review project
location and safety. The general scope ofthe survey work will include the following:
The primary area to be surveyed is the East GA Apron, The survey area shall include the mnUm
East GA Apron. The pavement and shoulder surfaces within this area ahoU be section surveyed
J-u-13 Agreement for Professional Services
on 504t stations. All topographical features within all of these areas shall be surveyed including
but not limited to: grade breaks, pavement markings, Uo-downu, building corners, fence, drainage
structures (invert elevations, pipes sizes, & rim a|evobonu), pavement markings, utility markers,
edge of pavements, and lighting and electrical components. The total of all areas are approximately
2H.4OUsquare yards.
Existing control monuments shall be used for the survey control and will need to betied together
tocheck for accuracy. The survey will have tobocoordinated with the Airport Director for airport
access and optimum time tuminimize disruption bnair traffic. The airfield pavements and runway
will be open to ainonoft, surveyors will have to monitor the local frequency and move out of safety
areas for aircraft. The survey shall be conducted in accordance to FAA AC 1505370'2G safety
guidelines. Vertical datum should be in accordance to NAVD 88, and horizontal datum should be
in accordance to NAD 83. Vertical tolerances shall bo+O.82'f»etfor paved surfaces and +8.05'
haethorunpoveduurfmueu. Horizontal tolerances shall be+003'foeL
3. Administer design GeotnuUniom| Suboonou|tamt contract and coordinate delivery of work product.
Provide quality control review of work products. This will include one (1) on -site meeting with
geoteohn|om|Gubunnnu|tanttoreview project location and safety. The gaoteuhmca|laboratory work
will baperformed utilizing the services ofaSubcunou|tanL The general scope ofthe gnmbuchnicu|
work will bethe following:
Administer fifteen (15)cores/bore logs onthe Apron tnadepth cf0-fem or refusal.
The geob»chniva| engineer shall immediately patch all pavement core holes with on approved
asphalt cold mix orsimilar product. Data shall be collected on the soil type, existing asphalt
condition, and depths and categorized according to the Unified Soil Classification System (USCS)
including Moisture Content, AttarbmngLimits, Grain Size Distribution. Asieve analysis shall ba
performed on both the base uuurua and subbase for each core/bore location. The sieve analysis
for base course should include the following classifications: percentage byweight passing siaxao
cf1'innh. 3K'inch. No. 4, No. 40. No. 200. and 0.02 mm. The sieve analysis for subbase course
should include the following classifications: percentage by weight passing sieves of 3-inch, No. 10,
No 40. No, 200. and 0.02 mmn Ground water depth shall be recorded if encountered. One
California Bearing Ratio (CBR) test shall be performed on one of the bore log samples at a depth
of24'inobeuwhich iothe anticipated depth ofaubQnadm.
The geotuchnica| engineer shall coordinate with the Engineer to determine exontnore/bono log
locations. The geotechnical work shall be conducted in accordance to FAA AC 150/5370-2G safety
guidelines. The gootochnicm| engineer ohoU be responsible for e utility |ocoia prior to work. It
should be anticipated that the cores/bore logs nheU be bohon during daytime hours. The
gactoohnicm| firm will need to coordinate with the Airport Director and the Engineer personal for
closure time and date.
The goob»uhniom| firm shall submit 3 copies of the final geoteohnimd report including all required
information as mentioned above to the Engineer within three weeks upon finishing field work. The
firm shall submit a draft copy for review prior to finalizing the report and its findings.
This line item shall include the coordination and contracting with Subconsultant. ThmSubuonam|bont
fees shall beaddressed inthe Expenaao-8uboonuultantSection.
4. Analyze the geotechnical testing data to determine the most cost effective form of rehabilitation or
reconstruction. Analyze the performance and stability of existing asphalt section. Rehabilitation
methods may include full depth reconstruction in designated select |onodone, pavement removal
and replacement, orpavement overlay depending ontest results. Hold nmeeting with the CLIENT
and FAA at the Airport or by telephone to present findings of the Geotechnical Testing and analysis
cfexisting pavement. Determine rehabilitation/reconstruction method best suited for the pavement
surfaces.
5. Coordinate with an electrical subcontractor for apron lighting design. This line item shall include the
coordination and contracting with a8ubuonuultan. ThoSubuoneultert fees shall beaddressed in
the Expenoeo'8ubcunuu|tantSection. Electrical Subcontractor will verify the loading requirements
x�-13Agreement for Professional Services
for any proposed lighting modifications or additions. Any significant alterations of the electrical vault
equipment or modification to the building itself based on these load changes will be considered an
additional service.
6. Define critical aircraft for the pavement design based on current FAA approved fleet mix of the
project and develop pavement design section. Pavement design criteria shall be in accordance
with the FAA Advisory Circular (AC) 150/5320-6E. This will include calculating and reporting the
Airport Pavement Strength.- PCN
7. Review existing storm water drainage within the project boundary. Evaluate existing drainage
patterns and systems. J-U-B shall replace drainage infrastructure associated with the project in
accordance with the FAA AC 150/5320-5D, Surface Drainage Design. Any necessary drainage
improvements will be sized to match existing conditions.
8. Determine the operational and phasing effects of closing the apron during construction. Closing
the apron will impact the airport users, FBO's and transient aircraft during the construction period.
Study the effects of the various alternatives including night construction, or phased construction.
Complete a cost analysis on all alternatives to present to CLIENT. Two meetings at the Airport will
be needed to present preliminary alternatives and phasing plan to the CLIENT and stakeholders.
9. Inquire of FAA Environmental Manager by email to confirm that the project will require a
categorically exclusion pursuant to FAA Order 1050.1E, Paragraph 310(e). Prepare a NW
Mountain Region Categorical Exclusion Form including State Historical Society approval and a
detailed project area map for delineation of planned scope of work. Environmental work beyond
that described will be considered as additional work.
10. Assemble base data and base maps for the project work area from the design survey.
11. Prepare preliminary Design Plans (75% complete) for review and discussion with the CLIENT and
FAA. It is anticipated that the project design will require twenty-two (22) plan sheets including:
Sheet 1 — Cover
Sheet 2 — Construction Layout Plan
Sheet 3 — Operation & Safety Plan- Phase 1
Sheet 4 — Operation & Safety Plan- Phase 2
Sheet 5 — Operation & Safety Plan- Phase 3Sheet 6 — Demolition Plan 7+50 to 27+50
Sheet 7 — Demolition Plan 27+50 to 47+50
Sheet 8 — Grading & Drainage Plan 7+50 to 17+50
Sheet 9 — Grading & Drainage Plan 17+50 to 27+50
Sheet 10 Grading & Drainage Plan 27+50 to 37+50
Sheet 11 — Grading & Drainage Plan 57+50 to 67+50
Sheet 12 — Plan & Profile Apron 7+50 to 17+50
Sheet 13 — Plan & Profile Apron 17+50 to 27+50
Sheet 14 — Pavement Marking Plan 7+50 to 27+50
Sheet 15 — Pavement Marking Plan 27+50 to 37+50
Sheet 16 — Pavement Marking Details
Sheet 17 —Temporary Marking Plan
Sheet 18 - Temporary Marking Plan
Sheet 19 — Typical Sections
Sheet 20 - Typical Sections
Sheet 21 — Civil Details
Sheet 22 - Civil Details
12. Prepare preliminary Construction Contract Documents and Technical Specifications based on
latest version of FAA AC 150/5370-10 ''Standards for Specifying Construction on Airports" including
the current Regional Notice published by the FAA Airports Districts Office.
13. Prepare an Engineer's Opinion of Probable Construction Cost based on construction cost
estimates, phasing into workable portions for constructability, budget, and construction schedule
and advise the CLIENT as to budget status.
14. Prepare a preliminary Construction Safety and Phasing Plan according to AC 150/5370-2G for
evaluation by the CLIENT, Airport, FBO, airport users and agencies. An electronic copy will be
J-U-B Agreement for Professional Services
Attachment 1A — Detailed Scope of Work Page 4
submitted to the FAA Airport District Office for coorination, review, and approval with other FM
lines of business using the airspace process.
15. Prepare the preliminary Engineer's Design Report in conformance with FAA guidelines. The report
shall include a Summary of the Project and its specific design issues, Project Schedule, reference
to the Construction Safety and Phasing Plan, Modification of Standards, Design Ana|yoim,
Pavement Analysis, Geotechnical Investigation Report, and Construction Cost Estimate and
Schedule,
16. Conduct in-house quality coritrol/quality assurance review of preliminary design documents.
17. Participate in a preliminary design review meeting with the CLIENT. Anticipate one (1) review
meeting with the CLIENT at the Airport, attendance by the Project Manager and Airport Engineer.
Review design phi|nauphy, preliminary design dmavxingo, design analysis and project schedules
with the CLIENT.
18.Prepare and submit one (6-1U) FAA Form 748Ohmairspace the project construction equipment.
19. Submit preliminary documents to FAA (1 copy) and CLIENT (2 copies) for approval.
C. Task 003: Final Design Phase
1. Finalize bidding contract documents and technical specitications based on Peer, CLIENT, and FAA
Reviews.
2. Finalize design plans, details, and sections based on Peer, CLIENT, and FAA Reviews.
3. Prepare Final Construction Safety and Phasing Plan (CSPP) to accommodate varying work
cornponents that need to meetprescribed schedules
4. Complete final quantity calculations and prepare Engineer's Opinion of Probable Construction
Cost.
5. Prepare Final Design Report based on Peer, CLIENT, and FAA Review
O. Submit final documents to FAA (1 copy) and CLIENT (2 copies) for approval.
D. Task 004: Bidding Phase
1. Administer the public bid advertisement process including bid document reproduction and
distribution of documents to plan rooms, contractors and suppliers. Submit advertisements to
appropriate newspaper(s) and trade magazines as required for publication. Maintain a "bidders
list" and distribute plans as requested. Fees for Plan & Specification Reproduction shall be reflected
in the 'Printing" line below.
2. Provide Pre -Bid Conference coordination to familiarize bidders and interested parties with the
construction project scope and requirements. Prepare a detailed agenda and displays, prepare
and issue conference minutes. It is anticipated that J -U -B will conduct this meeting at the Airport.
3. Prepare Bid Addendums. Addenda are normally required in response to Contractor questions
and/or design changes initiated by the CLIENT and/or the FAA. Engineering estimate includes
costs for the preparation of two Addendums.
4. Respond to questions that arise during the Contractor's or supplier's bid preparation process.
5. Assist the CLIENT in conducting the project Bid Opening as equined, including preparation of a
Project Bid Summary. It is anticipated that J -U -B will coordinate and attend this meeting at Yakima
City Hall.
6. Prepare detailed Bid Tabulations documenting bid results and submit to CLIENT and the FAA.
7. Assist the CLIENT with review and analysis of bids received. J -U -B will determine his opinion on
'responsiveness" of bid submittal. Provide Ietter of recommendation of award along with price/cost
analysis in accordance with FAA Order 5100.38D -Appendix U to CLIENT. Advise the CLIENT of
possible action in cases where bids exceed budget for the work to be performed by the Contractor.
J -U -B Agreement for Professional Services
E. Task 006: Project Closeout Phase
1. Prepare the final project report and close-out documents according to FAA requirements and
submit to CLIENT and FM.
2. Report Disadvantaged Business Enterprise (DBE) project participation to FAA DBE -Connect
including all calculations and background information for review and approval.
3. Assist and coordinate with independent auditors in locating appropriate documents for pertormlflg
A-133 annual audit. In addition to finding appropriate project files, answer questions as required.
4. Provide assistance to the CLIENT in assessing, costing, and updating the five-year Capital
Improvement Plan for submittal to State Division of Aeronautics.
PART 3 - ASSUMPTIONS AND EXCEPTIONS
• No SIMS plan is required on this project during the design or other portions of the project.
• No AGIS survey is required for this project,
ALP update will not be included in this scope of work.
No EA or EIS.
No sign modifications.
J-U-B Agreement tor Professional Senn s
Attachment — Detatied Scope of \Nor
Page 6
OI0 0 0 0 0 0 0'. O O',O
3j's 0 0 0 0 40 0 9IO 0 � O
o c r, -;CT O (xi O oo 0
k U N c,rn r 4--)oo w
r. a� " N a {A N oo — .n v 'cam r�^� v3
cc m s 6P OP
64
O 010 O
d O O 'O
oc
I'.N 4 O 0 C. ▪ O O
ct 1 0 0 0 0 0 0 ''... 0 0:: 4 0 0 0 0 -0 0 0 0
0 0 0 0 0 0 0 O d
N O O O 0 0 0 0 0 :O O 4 4 O 0 .. 0
O O O 0 '.. O N O'.. nF O O O 0 0 0 0 0
4 0 0 0 0 <t 0 o ‘G
SS Y
OP 0 o0 N O N N A!1 N.6 b d N `-4'
er =trn N,' i� N
Attachment 1B_Fee Breakdown_Raw May 2020
ATTACHMENT 1B- Fee Breakdown
PROJECT TITLE:
CLIENT:
JOB NUMBER:
DATE:
FY 2020 Yakima Air Terminal - McAllister Field, East GA Apron Rehabilitation Project AIP 3-53-0089-047-2020
City of Yakima, WA
70-20-006
May 21, 2020
TASK
NO
PROJECT TASK
Finalize Contract Docs & Specs
Profess. 2-Person
Senior Project Design CAD Environ. Land Survey TASK
rinc1pa Enginer Manager Engineer Deagnr Specialist Surveyor Crew Admin. Trips TOTAL DIRECT
HRS COSTS
0 1 2 4 0
0 1 2 16 24 0 0
2
13 $445 00
45 51 709.00
Finalize CSPP 0 1 1 2 4 0 0 0 0 8 $343.00
Engineer's Opinion of Probable Construction Cos
0 0 1 4 0 0 0 0
5 $206 00
Finalize Design Report
Submit Final Documents to FAA & Owner
0 0 2 2 0 0 0 0 2 6 5224.00
$132.00
Administer Bidding Process
4 $132.00
Pre -Bid Conference
a 0 8 8 0 0 0 0 1 1 17 5756 00
Prepare
Bid Add ndu s
0 0 2 4 2 0 0 0 6 14 5454.00
pond to Bidders Questions
0 0 2 16 0 0 0 0 0 18 5716.00
Conduct Bid Opening
Prepare Bid Tabulations
0 0 8 0 0 0 0 0 1 1 9 5452.00
0 0 1 2 0 0 0
0
4
7 $210.00
Bid Review and Analysis 0 0
4
14 $524 0
Prepare Final Report
4
19 $741.00
Report DBE participation 0 0 1 2 0 0 0 0 0 3 $130.00
Assist with Independent Audit 0 1 2 0 0 0 0 0 4 7 $253.00
Assist with 5-year CIP
5357.00
Attachment 1B_Fee Breakdown_Raw May 2020
Page 1B-2
FY 2020 Yakima Air T
"01
cr.
0
0. 0
co
co
,qr
77.
7
0
0 0
R
N
0 0
Nr
cfl
EA 64
Attachment 1B_Feeomokummn_nowMay 2020
��0 ENGINEERS, INC.
Client Name:
J-U-13ENGINEERS, Inc.
FAA AGREEMENT FOR PROFESSIONAL SERVICES
City ofYakima, Yakima Air
Terminal, McAllister Field
Project: East GAApron Rehabilitation
The TERMS AND CONDITIONS ofthe FAA Agreement for Professional Services dated July 7, 2029 are
amended huinclude the following Special Provisions. If there isaconflict inthe provisions set forth |nthese
Special Provisions and those represented inthe July 72D2OFAA Agreement for Professional Service, the
Special Provisions shall prevail:
For the purposes of this attachment, 'Agreement for Professional Services' and 'the Agreement' shall refer to
the document entitled 'FAA Agreement for Professional Sopvionm.'executed between J'L-Band CLIENT bo
which this exhibit and any other exhibits have been attached.
FAA AGREEMENT
4.0SINSURANCE AND INDEMNITY
4.@5INSURANCE AND INDEMNITY
A. Insurance.
1. During performance of the Services, J-U-Bshall secure and maintain in effect insurance to protect
the CLIENT and J'U'Bfnom and against all claims, dmmogeo, lou000 and expenses arising out of
o,resulting from the performance ofthis Contract. J'U'Bshall provide and maintain inforce
insurance inlimits noless than that stated below, aoapplicable. The CLIENT reserves the right hu
require higher limits should it deem it necessary in the best interest of the public.
%. Commercial General Liability |nsumnmoa 8ofona this Contract is fully executed by the pmrUeo.
J'U'B shall provide the CLIENT with e certificate of insurance no proof ofcommercial liability
insurance and commercial umbrella liability insurance with a total minimum liability limit of Two
Million DoUmna (n2.080.008.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggrebe(porprojmct). The policy shall
include employers liability (Washington Stop Gap). The certificate ahmU clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions provided
are ineffect. Said policy shall beineffect for the duration ofthis 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 nrcompanies rated A'V|| or higher in Baot'e
Guide and admitted inthe State ofWashington.
3 Commercial Automobile Liability Insurance.
a. |fJ'U'B owns any vehiu|eo, before this Contract is fully executed by the partiao. J'U'B ohoU
provide the CLIENT with o certificate of insurance as proof of commercial automobile liability
insurance and commercial umbrella liability insurance with a total minimum liability limit of Two
J'vuFAA Agreement for Professional Services
J-U-8smmxNEERm INC.
Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage. Automobile liability will apply to "Any Auto" and be shown on the certificate.
b. |fJ-U'Q does not own any xohio|eo, on|y^Non'ownod and Hired Automobile Liability" will be
required and may added hothe commercial liability coverage at the same limits as required in
that section of this Contract, which is Section 2 entitled "Commercial Liability Insurance".
n. Under either situation described above in Section 3,a and Section 31, 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 one in effect, Said policy shall be in effect for the
duration ofthis Contract. The policy shall name the CLIENT, its elected officials, officers,
mgentu, omp|oyaoo, and volunteers as additional insureds. The insurance mhm|| be with on
insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State
of Washington.
4. Professional Liability Coverage. Before this Contract is fully executed by the parties, J-U-13 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 ahoU be with on insurance company or
companies rated A-Vil 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. J-U-B. To the fullest extent permitted by law, J-U-B shall indemnify, defend, and hold
harmless CLIENT, and 6LIENT's officers, directors, partners, agents, consultants, and employees from
and against any and all o|mimo. costa. |osoan, and damages (including but not limited tuall fees and
charges of CL|ENT, enohiteds, attorneys. and other profaooiono|o, and all court, mrbitnoUun, or other
dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss,
or damage ioattributable to bodily injury, oicknmom, dimeaoe, or dmoth, or to injury to or destruction of
tangible property (other than the Work itoe|f), including the loss of use resulting there from, but only to
the extent caused by any negligent act, mrmr, nmioo|nn of, or willful misconduct ofJ'U'8 or J'U'B'a
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 ofRimkm.''ifany. J-U-B's costs associated with the defense requirement shall be proportional
toJ'U'B'anegligence nudetermined bythe trier uffact.
C. Tothe fullest extent permitted bylaw. 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. CL|ENT'ucosts associated with the defense requirement shall be proportional to CL|ENT'a
negligence amdetermined bythe trier offact.
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 |ow. J'U'8'u total liability to the CLIENT for any and n||
injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any
omumo or cauoea, shall not exceed the hdo| amount of Two Million Dollars ($2.000.000). Such uouoeu
include, but are not limited to J-U-B's negligence, errors, omission, orwillful misconduct and strict liability.
E. J-U-B reserves the right to obtain the services of other consulting engineers and consultants experienced
inairport work boprepare and execute nportion of the work that relates bothe PROJECT.
J-U-B FAA Agreement for Professional Services
YAKI MA Allachment 2 — Special Provisions - FAA (REV 412119) Page 2-2
ENGINEIRS, INC.
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 FM Agreement for Professional Services
YAKIMA Attachment 2 — Special Provisions - FM (REV 4/2fl0) Page 2-3
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.D.
For Meeting of: July 7, 2020
ITEM TITLE: Resolution authorizing an agreement with JUB Engineering, Inc. to
design and engineer the Yakima Air Terminal-McAllister Field's
East General Aviation Apron
SUBMITTED BY: Robert K. Peterson,Airport Director, 509-575-6149
SUMMARY EXPLANATION:
The East General Aviation Apron was constructed in the 1980's and is located adjacent to the
main terminal building where a variety of aircraft and airline charters utilize the apron as a parking
location upon their arrival into Yakima. The apron consists of approximately 29,400 square yards
of asphalt and requires rehabilitation in order to meet Federal Aviation Administration safety
standards. JUB Engineering, Inc. will assist the airport with project formulation, design, bidding
services, and submission of grant application in order to receive Federal assistance to rehabilitate
the apron in 2021.
Total cost to provide initial engineering services is $169,730.00 where the FAA will cover 90
percent in the form of a grant and the remaining 10 percent from the Passenger Facility Charge
program. Grant funds will be available during federal fiscal year 2021 along with entitlement and
discretionary funds in the amount of$2.4 million to complete construction activities.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D Resolution 6/11/2020 Cover Memo
D Engineering Semi ces Agreement 6/16/2020 Contract