HomeMy WebLinkAboutR-2021-130 Resolution authorizing an agreement with JUB Engineering, Inc for environmental services regarding development of a new passenger terminal building and Taxilane Charlie expansion projectsA RESOLUTION
RESOLUTION NO. R-2021-130
authorizing an agreement with JUB Engineering, Inc for environmental services
regarding development of a new passenger terminal building and taxilane charlie
expansion projects.
WHEREAS, City owns and operates Yakima Air Terminal -McAllister Field in accordance with
applicable Federal, State and Local regulations; and
WHEREAS, the City maintains a roster of consultants whose statements of qualifications
represent that they have the expertise necessary to perform the services required by the City; and
WHEREAS, the State of Washington requires that engineering services be performed by a
Professional Licensed Engineer; and
WHEREAS, the City requires services which include review of baseline resource data, biological
evaluation, water resource management, cultural resource survey and prepare a final environmental
document to be presented to the Federal Aviation Administration for future consideration to develop a
new passenger terminal building and extend the airport's taxilane Charlie for future hangar development
which JUB is willing to provide; 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 $31,869.00 of
federal grant funds and approximately $3,541,00 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 Environmental
Services Agreement; and
WHEREAS, in accordance with the terms and conditions of the Agreement for environmental
services attached hereto the engineer will perform the services outlined in the Environmental Services
Agreement during the 2021-2022 calendar year; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City
and its residents to enter into an agreement with JUB Engineering provide the necessary environmental
services for the project; 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
Environmental Services Agreement with JUB Engineering, Inc, in the amount not to exceed thirty-five
thousand four hundred ten dollars ($35,410.00), to provide project formulation and management,
resource evaluation which include review of baseline resource data, biological evaluation, water resource
management, cultural resource survey and prepare a final environmental document to be presented to
the Federal Aviation Administration, as provided under Airport Improvement Program.
ADOPTED BY THE CITY COUNCIL this 5th day of October, 2021,
Sonya a 1Tee, City Gtrk
AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT)
Environmental Review Main Tenn|nm| Bui|ding.A.|.p. 3'53'0089'052-3022
Yakima Air Terminal ' McAllister Field, Yakima, VVA
THIS AGREEMENT ioeffective aoofthe day of .2021 byand between, City
of Yakima, 120 N. Second St. Yakima, WA 08901 hereinafter referred to as the CLIENT, and J-U'8
ENGINEERS, Inc., W. 422 Rivenuida, Suite 384, Spokmne, Washington, 09301. an Idaho Corporation,
hereinafter referred homoJ-U'B.
WHEREAS, the CLIENT intends to: have an environmental review for the main terminal building
reconstruction hereinafter referred toaathe ''Pnojmot^ The services bnbnperformed byJ-U'Bare
hereinafter referred 0oaothe ^Semiceo"
VV|TN E S8ETH
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
1l1 BASIC SERVICES
J-U-BviU perform the Services described in Attachment 1 ' Scope ofServices, Basis ofFee, and
Schedule inomanner consistent with the applicable standard ufcare. J'U'B'oservices shall helimited ho
those oxpnaon|y set forth therein, and J'U-B shall have no other obligations, duUoo, or responsibilities for
the Project except aaprovided inthis Agreement.
1.02 SCHEDULE OFSERVICES T0BEPERFORMED
J'U-BviU perform said Services in accordance with the schedule described in Attachment 1 Scope of
Services, Basis qfFee, and Schedule inamanner consistent with the applicable standard ofcare. This
schedule shall be equitably adjusted as the Project pnuQnueeea, allowing for changes in 000pe, 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 to furnish, or obtain from utheno, additional
professional services in connection with the PROJECT, as set forth below and as otherwise contained
within this Agreement:
A. Provide other services not otherwise provided for in this Agreement, including eon/icoe normally
furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES.
B. Provide services as an expert witness for the CLIENT in connection with litigation or other
proceedings involving the PROJECT.
C. Aaaioi or extend aarvioao on a result of strikes, vvo|kuuta, or other labor dimputeo, including oob
relating hosettlement cfminority group problems.
O. Mitigation work identified inthe environmental review.
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rxAvmreement-2o1n
ARTICLE
CLIENT'S RESPONSIBILITIES
2.0 CLIENT'S RESPONSIBILITIES
The CLIENT shall furnish the following uomiuoa at the CLIENT'S expense and in such o manner that
J-U-13 may rely upon them in the performance of its services under this AGREEMENT:
A. Deoignote, in whdng, a person authorized to act as the CLIENT'S contact. The CLIENT or his
designated contact shall receive and examine documents submitted by J'U'B to determine
acceptability ofsaid documonto, interpret and define the CLIENT'S puUoiun, and render decisions
and authorizations in writing promptly to prevent unreasonable delay in the progress ofJ'U'8'a
B. Make available ;oJ'U'13 all technical data that is in the CLIENT'S pomaooaion, including maps,
surveys, property descriptions, borinqs, and other information required by J-U-13 and relating to its
C. Hold promptly all required special meeUngn, uame all required pubic and private noUoou, receive
and act upon all protests and fulfill all requirements necessary in the development of the PROJECT
and pay all costs incidental thereto.
D. Provide |ego|, accounting and insurance counseling aemiooa necessary for the PROJECT. Legal
review of the construction Contract Oonumenbo, and such writing namioou as the CLIENT may
require toaccount for the expenditure ofconstruction funds.
E. Furnish permits and approvals from all governmental authorities having jurisdiction over the
PROJECT and from others aemay bonecessary for completion ofthe PROJECT.
F. The CLIENT agrees tocooperate with J'U'Q in the approval of all p|onu, reports and utudiau, 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'8 is caused extra drafting orother expense due to changes ordered by the
CLIENT after the completion and approval of the p|ane, raportm, and atudieo. J'U'B shall be
equitably paid for such extra expenses and services involved.
G. Guarantee full and free access, with reasonable advance notice, for J-U-13 to enter upon all property
required for the performance ufJ'U'B'aservices under this AGREEMENT.
H. Give prompt written notice to J-U-13 whenever the CLIENT observes or otherwise becomes aware
of any defect in the PROJECT or other event that may substantially affect J-U-13's performance of
services under this AGREEMENT.
i Promptly prepare and submit reimbursement requests hofunding agencies.
J. Compensate J-U-B for services promptly rendered under this AGREEMENT.
ARTICLE
J-U-B'S COMPENSATION
3.01 BASIC SERVICES COMPENSATION
J-U-B shall provide services in connection with the terms and conditions of this Agreement, and the CLIENT
ohu|| compensate J-U'B therefore as detailed in Attachment 1 — Scope of Services, Basis of Fee and
Schedule.
Partial payment shall be made for the services performed as the work under this AGREEMENT progresses.
Such payment is to be made monthly based on the itemized obabementu, invoiceo, or other evidences of
performance furnished to and approved by the CLIENT. All claims for payment will be submitted in a form
compatible with current practices and acceptable to the CLIENT. Partial payments will include payroll costs,
adjusted for payroll burdens, and general and administrative overhead, as well as out-of-pocket expenses,
plus that portion of the fixed fee which its percentage of completion bears to the total cost of the fully
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completed work under this AGREEMENT. The CLIENT shall make full payment of the mdua of such
documented monthly service as verified on the monthly statement.
3.02 ADDITIONAL COMPENSATION
In addition to any and all compensation hereinabove. the CLIENT shall compensate J-U'8 for Additional
Services, Section 1.03, under a written Authorization for Additional Services executed by both Parties that
specifically describes the additional work and the cost associated therewith. These additional services are
to be performed or furnished by J-U-B only upon receiving said written authorization from the CLIENT.
3L03 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 inAttachment 1. |fthe notice toproceed with Services iodelayed beyond 120
days from the effective date of this Agreement, or service described will not be completed during the term
ofthis Agreement through nofault ofJ 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 bugrant fundable byFAA.
3.84 ADDITIONAL CONDITIONS OF COMPENSATION
The CLIENT and J'U'8further agree that:
A. J'U'B oho|| submit monthly statements for Services rendered and for expenses inuunmd, which
statements are due unpresentation. CLIENT shall make prompt monthly payments. |fCLIENT fails
to make any payment in full within thirty (30) days after receipt of J-U-B's statement, the amounts
due J'U'Bwill accrue interest atthe rate of1% per month from said thirtieth day oredthe maximum
interest rate allowed bylaw, whichever ialess.
B. If the CLIENT fails to make monthly payments dun J'U'B. J-U'8 may, after giving ten (10) days
written notice tuthe CLIENT, suspend services under this Agreement.
ARTICLE
GENERAL PROVISIONS
4.01 OWNERSHIP 0fDOCUMENTS
Upon the request of the CLIENT, J'U'B shall furnish the CLIENT copies of all mapn, pdote, drawinga,
estimate ahueto, and other contract documents required for the PROJECT provided J'U'Q has been paid
in full for the work. Upon the request of the CLIENT and the completion of the work specified herain, 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 eho|| be made by the CLIENT with J'U'B'o name or that ofJ-U'8 ENGINEERS, Inc., attached
thereto. Final submittal of J-U-B's work product shall be in hard -copy format and no electronic design files
will besubmitted ompart ofthe PROJECT, unless expressly requested.
Any reuse without written consent byJ'U'8. or without verification or adoption by J'U'Q for the specific
purpose intended by the neuee, will boatCL|ENT'asole risk and without liability orlegal exposure to
J-U-B. The CLIENT shall release, defend, indemnify, and hold J-U-B harmless from any claims, damages,
actions or causes of action, losses, and expenses, including reasonable attorneys' and expert fees, arising
out oforresulting from such reuse.
Agreements for Professional Services are public records which are generally subject to statutory public
disclosure and public vvaboitoposting raquioammnta, and such disclosure will not buconsidered "reuse
without written consent byJ'U'8^
J-U-B shall retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary
information onsubsequent projects atJ'U'B'asole risk.
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4.02 DELEGATION OF DUTIES
Neither the CLIENT nnrJ'U'B shall delogeto, aoeign, sublet cvtransfer their respective duties under this
Agreement without the prior written consent of the other.
4.03 GENERAL
A. Should litigation occur between the two parties relating to the provisions of this Agreement, court
costs and reasonable attorney fees incurred shall beborne bytheir own party.
B. Neither party shall hold the other responsible for damage or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other events beyond the reasonable control of the other or
the other's employees and agents.
C. In the event any provisions of this AGREEMENT shall be held to be invalid and unenforceable, the
remaining provisions shall be valid and binding upon the parties. One (1) or more waivers by either
party or any provision, term, condition, or covenant shall not be construed by the other party as a
waiver ofsubsequent breach ofthe same bythe other party.
O. J'U-B shall render its earviouo 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,
oredited images, ofthe project site and workers for J'U'B'epurposes including, but not limited to,
website, intranet, and marketing. This right shall survive the termination of this Agreement.
F. Any opinion of the estimated construction cost pnupnnod by J'U'8 represents its judgment as a
design professional and is supplied for the general guidance of the CLIENT. Since J-U'B has no
control over the cost oflabor and motoho|, orover competitive bidding or market oondiUono.
J-U-13 does not guarantee the accuracy of such opinions as compared to Contractor bids or actual
costs tothe CLIENT.
G. Any notice orother communications required or permitted by this contract or by law to be served
on, given to, or do|kmrod to either party hereto by the other party shall be in writing and shall be
deemed duly oenxed, given, or delivered when personally delivered to the party to whom it is
addressed or, in lieu of such personal oon/ioo, when deposited in the United Staten mai|, certified
mui|, return receipt noquoahed, addressed to the CLIENT at 120 N. Second 8L Yakima. VVAU8AU1
and to J'U'B atVV. 422 Rivuneida, Suite 304, Gpukono, VVauhingbun, 09201. Either party, the
CLIENT or J-U-13, may change his address forthe purpose of this paragraph by giving written notice
of such change to the other party in the manner provided in this paragraph.
4.04 MEDIATION BEFORE LITIGATION
Any and all disputes arising out of or related to the Agreement, except for the payment of J-U-13's fees, shall
be submitted to nonbinding mediation before mutually acceptable mediator aoacondition precedent to
litigation or other binding adjudicative procedure unless the parties mutually agree otherwise. The CLIENT
further agrees boinclude a similar mediation provision in all agreements with independent contractors,
consultants, subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for
mediation as the primary method for dispute resolution among all the parties involved in the Project. In the
event the parties are unable to agree on a medimtor, said mediator ehoU be appointed by a court of
competent jurisdiction or, if not possible, the American Arbitration Association. If a dispute relates to, or is
the subject of a lien arising out of J-U-B's Services, J-U-B or its subconsultants may proceed in accordance
with applicable law to comply with the lien ncdioa 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 avant it becomes necessary to enforce any ofthe terms and conditions of this Contract
that the forum, venue and jurisdiction in that particular action shall be in Yakima County, WA.
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4.05 INSURANCE AND INDEMNITY
A. 'J-O_B's insurance. J'U'8agrees tuprocure and maintain, atits expense, Commercial General
Liability insurance of $1.O0U.0OOcombined single limit for personal injury and property damages,
and Professional Liability Insurance of $1.000.000 per doinn for protection against claims arising
out of the performance of services under this Contract nmunad by negligent acte, enonu, or
omissions for which J'U'Q is legally |iab|e, subject to and limited by the provisions in Subsection
4.05A "Allocation of Risks", if any. J'U'B shall deliver to the CL|ENT, prior to execution of the
AGREEMENT by the CLIENT and prior to commencing wmrk. Certificates of |nounonoa, identified
on their face as the Agreement Number towhich app|ioab|e, as evidence that policies providing
such coverage and limits of insurance are in full force and effect. J-U-B shall acquire and maintain
statutory workmen's compensation coverage. Thirty (30) days advance notice will be given in
writing to the CLIENT prior to the oancaUaUon, benninoUon, or alteration of said policies of
Insurance.
B. To the fullest extent permitted by law, J-1-1-13 shall indemnify and hold
harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees
from and against any and all doimo. 000to. |umoee, and damages (including but not limited tnall
fees and charges of CL|ENT, anchdento, ottnnneyo, and other profeumiono|a, and all oourt,
arbitnaUon, orother dispute naon|uUon costs) arising out of or relating to the PR[)JECT, 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 itaa|f), including the |ooe of
use resulting there from, but only to the extent caused by any negligent act, arror, or omission of
J'U'B orJ'U'B'eofficers, dirmctoro, portnam, 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'BinSubsection 4.05.D."Allocation cfRiakm.''ifany.
C. Indemnification1by CLIENT. Tothe fullest extent permitted by law, CLIENT shall indemnify and
hold harmless J-U'B. J'U'B'o offioara, dinootoro, podnoro, oQento, employees, and Consultants
from and against any and all claims costs, losses, and damages (including but not limited to all fees
and charges cfJ'U'B. oruhitedo, ottornoyo, and other prufamoiono|o, and all court, arbitradun, or
other dispute resolution costs) arising out oforrelating to the PROJECT, provided that any such
claim cost, |oso, or damage in attributable to bodily irjury, aiokneaa, dioeoao, 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 tothe extant caused by any negligent uot, error, or omission of CLIENT or
CL|ENT'u offioero, directora, or emp|oyaao, retained by or under contract to the CLIENT with
noopoot tnthis AGREEMENT ortothe PROJECT'
D. Allocation ofRisks. The CLIENT and J-U'Bhave discussed the risks, rewards and benefits ofthe
project and the design professional's total fee for services. The risks have been allocated such that
the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT
for any and all injuries, claims, |oaaeo, expanoao, damages or claims expenses arising out of this
agreement from any cause or causes, shall not exceed the total amount of fees paid to J-U-B under
this Agreement. Such causes ino|udo, but are not limited toJ'U'8'anegligence, ornom, omission
and strict liability. Neither CLIENT nor J'U'B oho|| be responsible for inoidenta|, indirect or
consequential damages.
E. J'U'8 raaomeu the right to obtain the oeminoa of other consulting engineers and consultants
experienced in airport work to prepare and execute a portion of the work that relates to the
PROJECT.
F. Nothing contained inthis agreement shall create ocontractual relationship with orocause ofaction
in favor of a third party against J-1-1-13.
4.06 EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J-U'8 and
mupenemdoo all phcv negoUaUnne, nopramonbationa, or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both the CLIENT and J-U-B.
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ARTICLE
FAA FEDERAL CLAUSES
6.01 SUCCESSORS AND ASSIGNMENTS
A. The CLIENT and J'U'B each binds itself and its padnero, ou000noono, axeoutom, administrators
and assigns to the other parties to this Agreement, and to the successors, executors, administrators
and assigns nfsuch 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 oGrant Agreement for the PROJECT.
C. This Agreement may not be assiqned except upon specific prior written consent of the CLIENT.
5.02 TERMINATION
A. TERMINATION FOR CONVENIENCE
The CLIENT may, by written notice hoJ'U'B. terminate this Agreement for its convenience and
without cause or default on the part ofJ'U'8. Upon receipt of the notice of termination, except as
explicitly directed by the CLIENT, J-U-13 must immediately discontinue all services affected.
Upon termination of the Agnaament. J'U-B must deliver to the CLIENT all data, mumays, mudo|o'
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents
and materials prepared by J-U-13 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 data J'U'B receives 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 auaresult ofthe termination action under this clause.
B. TERMINATION FOR DEFAULT
Either party may terminate this Agreement for cause if the other party fails to fu\D|| its obligations
that are essential to the completion of the work per the terms and conditions of the Agreement. The
party initiating the termination action must allow the breaching party an opportunity to dispute or
cure the breach.
The terminating party must provide the breaching party 7 days advance written notice of its intent
to terminate the Agreement. The notice must specify the nature and extent of the breach, the
conditions necessary to cure the breach, and the effective date of the termination action. The rights
and remedies in this clause are in addition to any other rights and nomodiva provided by |avv or
under this agreement.
a) Termination by CLIENT: The CLIENT may terminate this Agreement in whole or in part,
for the failure ofJ'U'8 to:
1. Perform the services within the time specified in this contract or by CLIENT approved
extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the
Project.
Upon receipt of the notice of termination, J-U-13 must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, J-U-B
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must deliver to the CLIENT all data, aunaeys, mudols, drowingo, apooifinntiune, napodo,
mapo, phobognapho, emUmabes, aummaheu, and other documents and materials prepared
by J'U'B under this oontnsot, whether complete or partially complete.
CLIENT agnyoa to make just and equitable compensation to J'U-B for satisfactory work
completed upthrough the date J-U'B receives the termination notice. Compensation will
not include anticipated profit unnon-performed services.
CLIENT further agrees to hold J'U'B harmless for errors or omissions in documents that
are incomplete aauresult ofthe termination action under this clause.
If, after finalization of the termination action, the CLIENT determines J'U'B was not in
default of the Agroement, the rights and obligations of the parties shall be the same as if
the CLIENT issued the termination for the convenience ufthe CLIENT.
b) Termination by Consultant: J'U'8 may terminate this Agreement in whole or in part, if
Uxy CLIENT:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to J-U-B in accordance with the terms of this Agreement;
3. Suspends the Project for more than 120dayo due to reasons beyond the control of
J'U-B.
Upon receipt ofanotice of termination from J-U-B.CLIENT agrees to cooperate with
J'U'Bfor the purpose ofterminating the agreement orportion thereof, bymutual consent.
If CLIENT and J'U'8 cannot reach mutual agreement on the termination settlement,
J'U'8 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 duo to CLIENT breach, the Engineer is entitled to invoice
CLIENT and to receive full payment for all services performed or furnished in accordance
with this Agreement and all justified reimbursable expenses incurred by J-U-B through the
effective date of termination action. CLIENT agrees to hold J'U'8 honn|ean for errors or
omissions in documents that are incomplete as a result of the termination action under this
o|ouao.
5.03 CERTIFICATIONS OF J-U-B AND CLIENT
A. The CLIENT and J-U-B hereby certify that J-U-Bhas not been required, directly mindirectly, as an
expressed or implied condition in connection with obtaining or carrying out this contract, to:
1. employ orretain, oragree boemploy orretain, any firm orpersons; ur
2. poy, or agree to poy, to any firm, person or organization, any fee, conthbuUon, donation or
consideration ofany kind.
B. /\aigned''CurtifiooteforContnaota.Gnonto.Loano.andCoopenaUveAgreameniu^ioindudedvvith
this agreement.
5.04 TAX DELINQUENCY AND FELONY CONVICTIONS
J-U-B certifies, by submission of this proposal or acceptance of this contract, that it is not a corporation that
has any unpaid Federal tax liability that has been aoouam*d, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to
on agreement with the authority responsible for collecting the tax liability.
J'U'B h/dhor nepnuaonto that it is not a corporation that was convicted of criminal violation under any
Federal law within the preceding 24 months.
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5.05 CIVIL RIGHTS GENERAL
J'U'Bagrees that dwill comply with pertinent statutes, Executive Orders, and such rules aoare promulgated
to ensure that no person shaU, on the grounds of race, oraed, color, national nhgin, aox' aga, or disability,
be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds J'U-Band aubtierconsultants from the solicitation period through the completion of
the contract. This provision is in addition to that required ofTitle V| of the Civil Rights Act of1A84.
5.06 CIVIL RIGHTS TITLE VU-NONDISCRIMINATION REQUIREMENTS
During the performance of this oontroot. J'U'B, for itself, auboonoubantu, its ooakJneoo and uuunuanom in
intorent, agrees as follows:
A. Requiatioms. J'U'Bwill comply with the Title V|List ofPertinent Nondiscrimination
Acts and Authorities as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a parl. uF this cunbact.
B. . J'U'B.vvith regard tothe work performed by itduring the contract, ahoU not
discriminate on the grounds of race, oo|or, or national origin in the selection and retention of
ouboonou/tunhu, including procurements of moheho|a and |eonoo of equipment. J'U'B will not
participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and
AuthohUeu, including employment practices when the contract covers any aotivity, pnoject, or
program set forth inAppendix 8of40CFRPart 21.
C. Solicitations for Subcontracts. Including Procurements of /Materials and Equipment. In all
solicitations wither by competitive bidding or negotiation made by J'U'Bfor work ho be performed
under a ouboontraot, including procurements of materials or |000ea of equipment, each potential
subconsultant or supplier will be notified by J-U-13 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. will provide all information and reports required by the Acts, the
Regulations and directives issued pursuant thereto and will permit access to its booka, raoordo,
anoounto, 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-13 is in the exclusive possession of another
who fails or refuses to furnish this infomnatinn. J'U'B will so certify to the CLIENT or the FA\, as
appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions .for 'Noncompliance. |nthe event nfJ'U'B'nnoncompliance with the non-discrimination
provisions of this contract, the CLIENT will impose such contract sanctions as it or the FAA, may
determine to be appnoprimta, including, but not limited to:
1. withholding of payments to J-U-B under the contract until J-U-B complies, and/or
2. cancellation, termination, or suspension of the contract, in whole or in part.
F. Incorooration of Provisions. J'U'B will include the provisions of paragraphs Athrough E in every
eubnontnsut, including procurements of materials and |aouaa of equipment, unless exempt by the
Auts. Regulations and directives issued pursuant thereto. J'U-BvviU take such action with respect
to any subcontract or procurement as the CLIENT or the FAA may direct as a means of enforcing
such provisions including sanctions for noncompliance. Providod, that ifJ'U'B becomes involved
in, or is threatened with. litigation by a oubounou|tant or supplier as a vonu|t of such divoction.
J'U-B may request the CLIENT to enter into such litigation to protect the interests of the CLIENT.
In addition, J-U-B may request the United States to enter into such litigation to protect the interests
of the United States.
5.07 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this nontraot. J-U'B, for itself, its ooaigneoo, and nuuoenoom in interest agrees
0mcomply with the following non-discrimination statutes and authorities; including but not limited to:
Agreement For Professional aemme — FAA Format nnuo(9,n,m,,^v:0nAM) Page
0 Title N of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252). (prohibits
discrimination onthe basis ofrace, color, national ohgin);
0 40 CFR part 21 (Non-discrimination In FadanyUy'Auoiotud Programs of The Department of
Transportation —Effectuation nfTitle V|ofThe Civil Rights Act of10O4);
= The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601). (prohibits unfair treatment of persons displaced or whose property has been acquired
because nfFederal nrFederal-aid programs and pnojaota);
° Section 6O4nfthe Rehabilitation Act of1A73' (28U.S.C. §T84etnaq.).aoamended, (prohibits
discrimination onthe basis nfdioabi|ity);and 4QCFR part 27;
= The Age Discrimination Act of 1875, as amended. (42 U.S.C. § 8101 at seq.), (prohibits
discrimination onthe basis nfage);
° Airport and Airway Improvement Act of 1902. (49 UBO § 471. Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987. (PL 100'200). (Broadened the onope, coverage and
applicability of Title V| of the Civil Rights Act of 1864. The Aga Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
oractivities" toinclude all ofthe programs oractivities nf the Federal -aid recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
° Titles 11 and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the
basis of disability in the operation ofpublic entities, public and private transportation aystema,
places ofpublic accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
" The Federal Aviation Administration's Nondiscrimination statute (40 U.S.C. §47123) (prohibits
discrimination onthe basis ofrace, color, national origin, and eox);
• Executive Order 12898. Fadono| Actions hoAddress Environmental Justice in Minority Populations
and Low-income Populations, which ensures non-discrimination against minority populations by
discouraging proQnoma, po|iuian, and activities with disproportionately high and adverse human
health orenvironmental effects onminority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and nyau|Ung agency guidance, national origin discrimination includes discrimination b000uaa of
limited English proficiency (LEP). To ensure compliance with Tide V|, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. otT4OO7
0o7410O);
• Title |X of the Education Amendments of 1072, as omanded, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 atoaq).
5.08 DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part 2G)
A. The requirements of40CFR part 28apply tothis contract. |tiothe policy ofthe CLIENT tupractice
nondiscrimination based on naca, oo|or, sex or national origin in the award or performance of this
contract. The CLIENT encourages participation by all firms qualifying under this solicitation
regardless ofbusiness size orownership.
B. Contract Assurance (§2S.13). J-U'B shall not discriminate onthe basis of race, oo|or, national
ohgin, or sax in the performance of this contract. J'U'B shall carry out applicable requirements of
49 CFR Part 28 in the award and administration of DOT assisted contracts. Failure by J-U'B to
carry out these requirements is a material breach of this oontnoct, which may result in the
termination of this contract orsuch other remedy, as the recipient deems appropriate.
C. Prompt Payment (§26.29). J'U'B agrees to pay each consultant under this agreement for
satisfactory performance of its oontnooL no later than 30 days from the receipt ofeach payment
Agree mont For Professional Services —FAA Format 0320(m71202,8:48:00 AM) Page
J-U'B receives from the CLIENT. J'U'B agrees further to return ratainage payments to each
aubconoukantwithin 3Odays after the nuboonnu|tant's work issatisfactorily completed. Any delay
or postponement of payment from the above referenced time frame may occur only for good cause
following written approval of the CLIENT. This clause applies to both DBE and non -DBE
ouboonau|tanto.
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-1.1-13, to any person for influencing
or attempting to influence on officer oremployee of an ogenoy, o Member ofCongress, an officer
or employee of Congress, or on 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 oxtonoion, oontinuaUon, renewal,
amendment or modification of any Federal grant, contract, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congraos,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
any Federal contract, |oan, grant, or cooperative agreement, J'U'B oho|| onmp|ata and submit
Standard Form-LLL. ^Dioo|oouna Form to Report Lobbying," in accordance with its instructions.
C. J-U'Bshall require that the language of this certification be included in the award documents for all
sub -awards otall tiers (including uuboontneoto, oub'gnonte, and contracts under grants, |oana, and
cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
5.10 EQUAL OPPORTUNITY CLAUSE
During the performance ofthis contract, J-U'8agrees aofollows:
(1) J'U'B will not discriminate against any employee orapplicant for employment because of race,
oo|or, re|igion, oax, or national origin. J'U'13will take affirmative action b»ensure that applicants are
employed, and that employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not
bolimited tothe following: employment, upgrading, demotion, ortransfer; recruitment nrrecruitment
advertising; layoff ortermination; rates of pay orother forms of compensation; and selection for
tnoining, including apprenticeship. J'U'B ogpoea to poet in conspicuous p|ao*a, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
J-U-13 will, in all solicitations or advertisements for employees placed by or on behalf of J-U-13, state
that all qualified applicants will receive considerations for employment without regard to race, color,
pa|igion, oex, or national origin.
J'U'B will send to each labor union or representative of workers with which he has a ooUaoUve
bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of J-U-B's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
J-U-13 will comply with all provisions of Executive Order 11246 of September 24, 1065.and ofthe
m|ae, rugu|aUona, and relevant orders of the Secretary of Labor.
J-1.1-13 will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such ru|oo, ragu|uUonu, and
orders.
(0) In the event ufJ-1-1'B's noncompliance with the nondiscrimination clauses of this contract or with
any of the said nu|eo, regu|mUona, or orders, this contract may be oonmeled, banninab*d, or
suspended in whole or in part and J'U'B may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Agreement For Professional aomico - FAA Format o32m(9w712v,«wv^*M� Panv1n
(7)
Executive Order 11248 ufSeptember 24. 1065, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24. 1965. or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
J'U'B will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1)through (7) in every subcontract urpurchase order unless exempted
by ru|aa, ragu|aUono, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246ofSeptember 24. 1Q85.00that such provisions will bebinding upon each
subcontractor nrvendor. J'U'B will take such action with respect to any subcontract nr purchase
order uothe administering agency may direct aua means ofenforcing such proviaiona, including
sanctions for noncompliance: Provided, however, That inthe event J'U'8 becomes involved in, or
is threatened with, litigation with o subcontractor orvendor oo a result ofsuch direction by the
administering agency J'U'B may request the United Sbytoo to enter into such litigation to protect
the interests ufthe United States.
5.11 ACCESS TO RECORDS AND REPORTS
J'U-Bmust maintain anacceptable cost accounting system. J'U'Bagrees toprovide the CLIENT, the FAA,
and the Comptroller General of the United States or any of their duly authorized representatives access to
any books, documents, papers, and records of J-U-B which are directly pertinent to the specific contract for
the purpose of making audit, examination, excerpts and transcriptions. J-U-B agrees to maintain all books
records and reports required under this contract for a period of not less than three years after final payment
iomade and all pending matters are closed.
5.12 TRADE RESTRICTION CERTIFICATION (49 CFR Part 30)
Bysubmission cfonoffer, J'U-Bcertifies that with respect bothis solicitation and any resultant contract, the
Offeror '
A. is not owned or controlled by one or more citizens ofaforeign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States Trade
Rapnanentotive(U.ST.Rj;
B. has not knowingly entered into any contract or subcontract for this project with a person that is u
citizen or national of a foreign country included on the list of countries that discriminate against U.S.
firms uepublished bythe U.ST.R;and
C. has not entered into any subcontract for any product to be used on the Federal public works project
that is produced in a foreign country included on the list of countries that discriminate against U.S.
firms published bythe U.ST.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and
the making of fa|ne, fiotitiouu, or fraudulent certification may render the maker subject to prosecution
under Title 1O.United States Code, Section 1U01.
J-U-B must provide immediate written notice to the CLIENT if J-U-B learns that its certification or that of
oubnunou|tont was erroneous when submitted or has become erroneous by reason of changed
circumstances. J-U-B shall require subconsultants provide immediate written notice to J-U-B if at any time
it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR30.17. nocontract shall be awarded to a aubuonau|tant:
1) who is owned or controlled by one or more citizens or nationals of foreign country included on
the list ofcountries that discriminate against U.S. firms published bythe U.ST.R.or
2) whose ouboonau|tonto are owned or controlled by one or more citizens or nationals ofnforeign
country onsuch U.GT.R.list or
3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list.
Agreement For Professionalservices—rAA Format 0320(9117120218:48:00 AM) Page 11
Nothing contained in the foregoing shall be construed to require establishment of o eya&am of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of consultant is not required to exceed that which is normally possessed by n prudent person in the
ordinary course ofbusiness dealings.
J'U'B agrees that, if awarded a contract nuau|dng from this eoUcitation, it will incorporate this provision for
certification without modification in in all lower tier subcontracts. J'U'B may rely on the certification of
prospective ouboonnu|tant that it is not o firm from a foreign country included on the list of countries that
discriminate against U.S. firms aopublished byU.S.T.R.unless J'U'Bhas knowledge that the certification
is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award.
If it is later determined that J'U'8 oraubuonoubont knowingly rendered an onnnoouo certification, the
Federal Aviation Administration may direct through the CLIENT cancellation ofthe contract o,subcontract
for default otnu cost tuthe CLIENT orthe FAA.
5i13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION
J-U-B certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation inthis transaction byany Federal department oragency.
|tfurther agrees bysubmitting this proposal that it will include this clause without modification in all lower
tier transactions, ao|ioitatiunu, prupnoo|u, oontnucta, and subcontracts. For each lower tier subcontract that
onnoado $25.000 as a "covered tnanaaoUon''. J'U-B shall verify each lower tier participant of "covered
tnonoaotion^ under the project is not presently debarred or otherwise disqualified from participation in this
federally assisted project. J'U'BvviU accomplish this by:
1) Checking the System for Award Management atvvebuite: http:Vvwww.onm.gnv
2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
(Bidder or(]fferor).above.
3) Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to disclose to o higher tier participant that it
was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any
available remedies, including suspension and debarment of the non -compliant participant.
5.14 OCCUPATIONAL HEALTH ACT OFi970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of
20 CFR Part 1910 with the same force and effect as if given in full text. J'U-B shall provide n work
environment that iofree from recognized hazards that may cause death or serious physical harm 0uthe
employee. J-U'B retains full responsibility to monitor its compliance and thairouboonou|tant'o compliance
with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1810).
J'U'B will address any claims or disputes that pertain to a referenced requirement directly with the U.S.
Department cfLabor — Occupational Safety and Health Administration.
5.15 FEDERAL FAIR LABOR STANDARDS ACT
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29
CFR part 201. the Federal Fair Labor Standards Au (FLSA). with the same force and effect as if given in
full text. The FLSAsets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
part time workers.
J'U'B has full responsibility to monitor compliance to the referenced statute orregulation. J'U'B will
address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor
—VVagoondHourDiviaion.
Agree mon,For Professional Services —FAA Format oozohw712v 18:48:00wn paoo1e
5.16 VETERAN'S PREFERENCE
In the employment of labor (excluding oxoouUvo, administrative, and supervisory pooitione). J'U'B and all
sub -tier consultants must give preference to covered veterans as defined within Title 49 United States Code
Sootion47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq
war veterans, disabled veterans, and mmeU business concerns (as defined by 15 U.S.C. 632) owned and
controlled by disabled veterans. This preference only applies when them are covered veterans readily
available and qualified to perform the work towhich the employment relates.
5.17 TEXTING WHILE DRIVING.
In accordance with Executive Order 13513. ^Fedano| Leadership on Reducing Text Messaging While
Ohving^ond DOT Onder3QO2.1U "Text Messaging While Driving" FAA encourages recipients ofFederal
grant funds to adopt and enforce nafob/ policies that decrease ononhoo by distracted drivam, including
policies to ban text messaging while driving when performing work ne|ohod to agnant uruub'gnunt.
J-U'B has in place policy within J'U'BAccident Prevention plan that prohibits all employees from to/ting
and driving. J-U-B shall include these policies in each third party subcontract involved on this project.
5.18 HUMAN TRAFFICKING
A. J'U'B. J'U-B's employeuo, and subcontractors may not engage in severe forms of trafficking in
persons during the period of time that the FAA award is in effect, procure o commercial sox act
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 cfthis award term, "anployea^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, ino|uding, but not limited to, m volunteer orindividual vvh000 aomineu
are contributed by athind party as an in -kind contribution toward cost sharing or matching
requirements.
C. For the purposes of this award term only, "forced labor" means labor obtained by any of the
following methods: the naoruitmont, ha,boring, tnannportoUon, pnoviuion, or obtaining of person
for labor orservices through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, orslavery.
D. For the purposes ofthis award term only, "severe forms of trafficking inperouno.^"commercial sex
aot.''and ''coen:ion''have the meanings given atSection 103ofthe TVP/\.00amended (22U.8.C.
7102).
5.19 ENERGY CONSERVATION
J-U-13 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.6201otuoq).
5i20 PROHIBITION 0FSEGREGATED FACILITIES
(1) J-U-13 agrees that it does not and will not maintain or provide for its employees any segregated
fuo|diea at any ofits ostab|iahmonto, 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 agn*oo that a breach of this o|ouuo is a violation of the Equal Opportunity clause in this
contract.
(2) "Segregated facilities," as used in this clause, means any waiting roomo, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage
or dressing onuaa. parking |ote, drinking fountaina, recreation or entertainment anmao.
Agreement For Professional Services — FAA Format omm(9woxm,o^^*vAM) panom
transportation, and housing foo|iUen provided for omployaeo, that are segregated by explicit
directive or any in fact segregated on the basis of race, odor, ndk]ion, aox' or national origin
because of written or oral policies or employee custom. The term dnoa not include separate or
single -user rest rooms or necessary dressing or sleeping onaau provided to assure privacy
between the sexes.
(3) J'&Qshall include this clause inevery subcontract and purchase order that iosubject bothe Equal
Opportunity clause of this contract.
5.24 AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1^ J-U'B'o attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal
Emp|oymontOppnrtunityConotmotionContnactSpeoificationo''notforthhonein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for
J'(J'R'snggrogntowmrkfonro in each trade on all construction work inthe covered area, are as
Timetables
Goals for minority participation for each trade:
Goals for female participation ineach trade:
[0.7% ]
[G.&96 ]
These goals are applicable to all nfJ-U'B's construction work (whether or not it is Federal or
fudondly'aaoiobad)performed inthe covered area. Ifthe contractor performs construction work in
a geographical area located outside of the covered area, it shall apply the gum|a established for
such geographical area where the work inactually performed. With regard tuthis second area, the
contractor also is subject to the goals for both its federally involved and non -federally involved
construction.
J'U'B'e compliance with the Executive Order and the regulations in 41 CFR PmdGO'4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 00-4.3(u). and its efforts to moot the goals. The
hours of minority and female employment and training must be substantially uniform throughout
the length of the oontnoot, and in each trada, and the contractor shall make a good faith effort to
employ minorities and women evenly on each of its projects. The transfer of minority or female
employees or trainees from Contractor to Contractor or from project to project for the sole purpose
of meeting J-U'8'8 goals shall be a violation of the contract, the Executive Order and the
vogu|aUunu in 41 CFR PartGO'4. Compliance with the goals will be measured against the total
work hours performed.
3. J-U-B shall provide written notification to the Director of the Office of Federal Contract Compliance
Programs (OFCCP)within 1Oworking days ofaward ofany construction subcontract inexcess of
$10.000 at any tier for construction work under the contract resulting from this solicitation. The
notification ohoU list the name, eddr000' and telephone number of the subcontractor; employer
identification number of the subcontractor; estimated dollar amount of ouboontneo�. � estimated
.
starting and completion dates of the subcontract; and the geographical area in which the
subcontract iehobeperformed.
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is
Washington State, Yakima County. City ofYakima.
Agreement For Professional aommv - FAA Format oazohw712^'o^vvoAM) peoow
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 kim W n ton ATT
BY:
Name: 4.7).tr vy 4
Title:
CITY CONTRACT
RESOLUTION NO. 21bP-t
J-U-B:
J-U-B ENGINEERS, Inc.
By:
Name: Toby er, P.E.
Title:
ATTEST
Name:
Title: Aviation Services Group Manager Title:
Applicable
Attachments
or Exhibit to
this
Agreement
are indicated
as marked
PI4
Certification For Contracts
Grants, Loans, and Cooperative
Agreements
J-U-B Debarment Lookup
Attachment 1 — Scope of Services,
Basis of Fee and Schedule
Attachment 1A — Detailed Scope of
Work
Attachment 1B — Fee Breakdown
Attachment 2 — Special Provisions
O Exhibit A — Construction Phase
Services
Agreement For Professional Services — FAA Format 0320(9/1r/2ov e,te:oo Am)
FAA Agreement_2019
Page 15
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned oertifieo.tuthebea ofhis orher knowledge and belief, that:
1No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, orcooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance
with its instructions.
l The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, |mans, and cooperative agreements) and that all oubnooipiento shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed bysection 1352.title 31.U.S.Code. Any person who fails tofile the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each auchf��
such-
failure.
Title:
`�� Date:^_
Sponsor' e
'
vl-l] - l
-
*mreomomForProfessional Service-F^A Format ouuokmnnm,":4v:0vAM) ramem
Last updated by Wendy Givens Soloman on Apr 22, 2021 at I:27 AM
J-U-B ENGINEERS, INC
IlLSAM.Gov®
J-U-B ENGINEERS, INC.
DUNS Unique Entity ID
078408341
Purpose of Registration
All Awards
Physical Address
2760 W Excursion LN STE 400
Meridian, Idaho 83642-5313
United States
10
Doing Business as
J-U-B
Congressional District
Idaho 01
Registration Dates
Activation Date
May 12, 2021
SAM Unique Entity ID
WU2TGK7D3J49
Expiration Date
Apr 22, 2022
Mailing Address
2760 W Excursion Lane
Suite 400
Meridian, Idaho 83642
United States
CAGE / NCAGE
OKJYO
Registration Status
Active
Division Name
J-u-b Engineers, Inc.
State / Country of Incorporation
Idaho / United States
Entity Dates
Entity Start Date
Jan 1, 1954
Immediate Owner
CAGE
(blank)
Highest Level Owner
CAGE
(blank)
Submission Date
Apr 22, 2021
Fiscal Year End Close Date
Dec 31
Division Number
(blank)
URL
www.jub.com
Legal Business Name
(blank)
Legal Business Name
(blank)
Initial Registration Date
Jan 15, 2002
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of
P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is
sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant
responded to the questions.
Proceedings Questions
Registrants in the System for Award Management (SAM) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or
2.C.F.R. 200 Appendix XII. Their responses are not displayed in SAM. They are sent to FAPIIS.gov for display as applicable. Maintaining an active
registration in SAM demonstrates the registrant responded to the proceedings questions.
I authorize my entity's non -sensitive information to be displayed in SAM public search results:
Yes
Business Types
Entity Structure
Corporate Entity (Not Tax Exempt)
Profit Structure
For Profit Organization
,none
Entity Type
Business or Organization
enAIVIRe,94.
;4;020.
Organization Factors
(blank)
1009,11*
„e.
Accepts Credit Card Payments
Yes
hups://sangov/entity/07840,4.311/coreflata?maius—Active
Debt Subject To Offset
No
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Last updated by Wendy Givens Soloman en Apr 12, 2021 al II:27 AM
,141-13 PoVaiNKERS, LVC
Electronic Business
Laurel Fritz, Corporate Accountant
Government Business
Timothy J Haener, President/CEO
Clyde J Hurst, Project Manager
2760 W Excursion Lane
Suite 400
Meridian, Idaho 83642
United States
2760 W Excursion Lane
Suite 400
Meridian, Idaho 83642
United States
400 Memorial Drive
Idaho Falls, Idaho 83402
United States
NAICS Codes
Primary
Yes
NAICS Codes
541330
221310
221320
236220
237110
237210
237310
237990
541320
541370
541618
541620
541820
562910
925120
• .•
Yes, this entity appears in the disaster response registry.
States Counties
Idaho (blank)
Utah
Washington
NAICS Title
Engineering Services
Water Supply And Irrigation Systems
Sewage Treatment Facilities
Commercial And Institutional Building Construction
Water And Sewer Line And Related Structures Construction
Land Subdivision
Highway, Street, And Bridge Construction
Other Heavy And Civil Engineering Construction
Landscape Architectural Services
Surveying And Mapping (Except Geophysical) Services
Other Management Consulting Services
Environmental Consulting Services
Public Relations Agencies
Remediation Services
Administration Of Urban Planning And Community And Rural
Development
Metropolitan Statistical Areas
(blank)
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J-w-BawGIwzsnm INC.
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES - (FAA FORMAT)
Attachment 1-Scope ofServices, Basis mfFee, and Schedule
PROJECT NAME: Environmental Review Main Terminal Building
AIRPORT NAME: Yakima Air Terminal ' McAllister Field
CLIENT: City ofYakima
A1P.NUMBER: 3'53'O88Q'052'2O22
J'U-BPROJECT NUMBER: 45-2n'02G
CLIENT PROJECT NUMBER:
ATTACHMENT TO:
AGREEMENT DATED: ; or
OAUTHORIZATION FOR ADDITIONAL SERVICES #X;0ATED:
014
The referenced Agreement for Professional Services executed between J-1-1-13 ENGINEERS, Inc. (J-U-B)
and the CLIENT is amended and supplemented to include the following provisions regarding the Scope of
Services, Basis ufFee, and/or Schedule:
PART 1-PROJECT UNDERSTANDING
FAA /UP3'53-0U8A'O52'2022includes anenvironmental evaluation for the following work:
� Main Terminal Building demolition and the construction of a new terminal building in the same
location.
A detailed Scope of Services is provided in Attachment 1 A - Detailed Scope of Work.
PART 2 - BASIS OF FEE
A. CLIENT shall pay J-W-Bfor the identified Services inPART 1amfollows:
1. Environmental Review Main Terminal Building. The CLIENT shall compensate J'U-Bon the
basis of lump sum amount ofTwelve Thousand Six Hundred Forty DuUane and No Cents
($12.G4O.0O).See Attachment 1Bfor odetailed cost breakdown.
PART 3-SCHEDULE OFSERVICES
J'U'Bwill perform all services according huthe following schedule:
We anticipate field work to be completed in Odober2O21 with report development ho be
completed by [Noroh 2022. Draft report submittal by end of December 2021.
This Agreement shall be in effect from October 5. 2021 to March 31. 2023. In the event the services
described shall not be completed during the term of this Agreement, the Agreement shall be amended.
This schedule ahm| be equitably adjusted as the PROJECT prngnonoeo, allowing for changes in eoopn.
character or size of the PROJECT requested by the CLIENT or for delays or other causes beyond J-U-B's
NOTE onCmronvirumand Schedule: J'U-B is committed to meeting your project schedule
commitments madelineated above. Aaour response hxthe CDVID10pandemic, J'U'8isengaging /n
safety procedures to help protect our clients, staff, their families, and the public.Our staff oroffices may
bosubject &nquarantine orother interruptions. Since COK8J'18impacts are beyond J'L-8'acontrol, we
Agreement For Professional Services -rA^Format
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 agree to a schedule adjustment
Exhibit(s):
• Attachment 1A - Detailed Scope of Work
• Attachment 1B - Fee Breakdown
• Attachment 1C - Study Area
For internal J-U-B use only:
PROJECT LOCATION (STATE): Washington
TYPE OF WORK: Choose an item.
R&D: No
GROUP: Airport
PROJECT DESCRIPTION(S):
Airport (A05)
Environmental (E09)
Agreement For Professional Services — FAA Format
Attachment 1 — FAA Scope of Services, Schedule, and Basis of Fee (Rev, 051220) Page 1-2
�-B ENGINEERS, INC.
J-0-13ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT)
Attachment 1A - Detailed Scope of Work
PROJECT NAME: Environmental Review Main Terminal Building
AIRPORT NAME: Yakima Air Terminal McAllister Field
CLIENT: City ofYakima
AlP.NUMBER: 3'53'OO80-O52'2O22
J'U-8PROJECT NUMBER: 45-21-021
CLIENT PROJECT NUMBER:
ATTACHMENT TO:
AGREEMENT DATED: ; or
OAUTHORIZATION FOR ADDITIONAL SERVICES #X;0ATEQ:
C4
The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B)
and the CLIENT is amended and supplemented to include the following provisions regarding the Scope of
PART 1'PROJECT UNDERSTANDING
1) Cultural Resource Survey
2) Biological Report.
3) Water Resource Assessment.
4) Field Visit.
ThoPropuoodPnojecte|ementu.henainreferrodtooatha''PROJECT.^araiUuotrobadonthaottaohedStudy
Area Exhibit. The study area limits encompass a total of + 3 acres. This Environmental Review will address
the aforementioned proposed project action elements consistent with the Airport Layout Plan (ALP).
PART 3'SCOPE OFSERVICES BYJ-U-0
J-U-B's Services under this Agreement are limited to the following tasks. Any other items necessary to plan
and implement the project, including but not limited to those specifically listed in PART 3, are the
responsibility of CLIENT.
Conduct an Environmental Review to determine existing environmental conditions contained within the
defined Study Area. The enclosed Attachment illustrates the anticipated Study Area, which encompasses
approximately + 3 acres. The environmental review will be developed in accordance with Federal Aviation
Administration (FAA) Order 5050.413 and 1050.1 F, as amended. The preparation of the environmental
review will consist ofthe following tasks:
1. Project Management -J'U'8will perform coordination with project team, the Owner, the FAA
and other applicable agencies. This Scope ofServices assumes coordination with FAA staff for
their review and approval of the environmental document. Pnaponu monthly invoices for work
completed during the period invoiced. Provide n summary of the work completed during the
invoice period.
Work Task:
° Monthly Invoices and Coordination meetings (8)
2. Resource Evaluation _ Conduct o site survey, environmental resource analysis and describe
the existing conditions ofthe project area consistent with FAA Order 1O5U.1FEnvironmental
Agreement for Professional Services - FAA Format (Rev 2'18)
Impacts: Policies and Procedures. J'U'B will obtain relevant data from local, state and federal
agencies to identify potential impacts from the proposed action. Resources that will beevaluated
include: air quality, compatible land use, famn|undo. 800dp|einm, visual impeds, noiue,
socioeconomic resources, transportation bin|o0ioo| moourceo, invasive species, rourootiuno|
nuuoumeo and cultural resources. A qualified archaeologist and architectural historian
(subconsultant) will prepare a cultural resource survey for the proposed project area.
° Baseline resource data
° 8iu|ogiou| evaluation
wCultural nuoourom survey (Suboonou|bant)
3. Prepare Draft Environmental Document J'U'8vviU prepare o draft environmental document
commensurate with an FAA Documented Cahpgorim| Exclusion including the completion of the
FAA Documented Cat Ex Form. Prepare supporting documentation and attachments for the
environmental document. Process the draft environmental document for submittal to the project
sponsor and FAA review
a Draft Environmental Document
4` Revise the final environmental document borespond
to agency comments and submit the final document to FAA for signature. The final
environmental document will besubmitted bothe project sponsor.
Deliverables:
~ Final Environmental Document
PART 3 -ASSUMPTIONS AND EXCEPTIONS
A. List ofAssumption and Exceptions here
• NoPhase | Environmental Site Assessment (ESA)
• No formal or informal consultation with United States Fish Wildlife Services (USFVVS)
• Nopublic involvement
Agreement for Professional Services — FAA Format (nov2'18)
ATTACHMENT 1B- Fee Breakdown
,PROJECT TITLES
CLIENT:
''..JOB NUMBER:
DATE:
Yakima AIr'ferminel- McAlli
City of Yakima, WA
45-21-026
August 13, 2021
eld Terminal Reconstruction Project AIP 3-53-0059-052-2022
90
x
OJECT TASK
Direct Ovcrh
Fixed Fee
Total Labor-1 Overhead + Fixed Fee
Air Travel
Mileage
Per Dian
Lodging
GPS Survey Unit
Printing
CIDlturIl( Resource Survey
Project Environmental Senior Enviromental
Manager Lead Biologist Specialist Designer Clerical
S5fo.0(}. 5(r9.110 S3+l,1f@1. S32,00 537.00 $20,00
Cost
Pcr Unit
$600„ 00
50.560
S55. 00
$15000
S31 33
$000
Air Ground
Trips Trips Days Ilours Miles
0
Subtotal - Labor -r (.l
Subtotal - Experts
Subtotal - Subconsulta
Total -Project Design
:ad + Fixed Fee
0
0
Trip
0
Markup
1.0
1,0
1.0
1.0
55000 1.0
SO 10
SO 1,0
15.0°/a
0
Trips TOTAL
HRS
TASK
DIRECT
COSTS
SO 00
$0,00
50,00
SO 00
50,00
Environmental Terminal 8 12 2021 Page 1B-1
LEGEND
VICINITY MAP
YAKIMA AIR TERMINAL - McCALLISTER FIELD
YAKIMA, WASHINGTON
loAL I1LCth TJYLIC NON FRO.E'LT
AREA OF POTENTIAL EFFECT
hmenl 1C Study Area
J-U-0 ENGINEERS, INC.
J'U-13ENGIN2ERS, Inc.
FAA AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 2 — Special Provisions
Client Name: City ufYakima, Yakima Air
Terminal McAllister Field
Project Environmental Review Main Terminal
Building
The TERMS AND
amended to include the following Special Provisions. If there is a conflict in the provisions set forth in these
Special Provisions and those represented in the Environmental Review Terminal Building FAA Agreement
for Professional Somioeo. the Special Provisions shall prevail:
For the purposes ofthis attachment, 'Agreement for Professional Services' and 'the Agreement' shall refer ho
the document entitled 'FAA Agreement for Professional Services,' executed between J'U'Q and CLIENT to
which this exhibit and any other exhibits have been attached.
FAA AGREEMENT
4g5|NSURANCE AND INDEMNITY
Delete Sectiom4.05 in its entirety and replace with the followincl.*
4.05|NSUR&NCE AND INDEMNITY
A. Insurance.
1. During performance ofthe Services, J'U'Bshall secure and maintain ineffect insurance toprotect
the CLIENT and J'U'Bfrom and against all doimm. damages, |nsoea, and expenses arising out of
or resulting from the performance of this Contract. J'U'B uhnU provide and maintain in force
insurance inlimits nnless than that stated below, auapplicable. The CLIENT reserves the right hu
require higher limits should it deem it necessary in the best interest of the public.
2. Commercial General Liability Insurance. Before this Contract is fully executed by the partina.
J'U'8 shall provide the CLIENT with o certificate of insurance as proof of commercial liability
insurance and commercial umbrella liability insurance with a total minimum liability limit ofTwo
Million OoUom ($2.000.000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate (per project). The policy shall
include employers liability (Washington Stop Gap). The certificate nhoU clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions provided
are ineffect. Said policy shall boineffect 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 orcompanies rated ArVU orhigher in BeuCu
Guide and admitted inthe State nfWashington.
3. Commercial Automobile Liability Insurance.
a. |fJ'U'B owns any vahin|ou, before this Contract is fully executed by the partieu. J'U'8 shall
provide the CLIENT with a certificate of insurance as proof of commercial automobile liability
insurance and commercial umbrella liability insurance with o total minimum liability limit of Two
+u'vFAA Agreement for Professional Services
J-U-B ENGINEERS, INC.
Million DuUans($2.00O.UOD.U0) 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'8 does not own any vohio|oo. only "Non -owned and Hired Automobile Liabi|ib/^ will be
required and may added to the commercial liability coverage at the oumo limits as required in
that section of this Contract, which is Section 2 entitled "Commercial Liability Insurance".
o. Under either situation described above in Section 3.a and Section 3.b, the required certificate of
insurance shall clearly state who the provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy uheU name the CL|ENT, its elected offioia|o, offinom,
ogento, emp|nyaea, and volunteers as additional insureds. The insurance ohoU be with an
insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State
of Washington.
4. Professional Liability Coverage. Before this Contract iafully executed bythe parties, J'U-Bshall
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)uggnagato. 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 an insurance company or
companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the
coverage will continue in force for an additional two years after the completion of this contract.
B.Indemnification To the fullest extent permitted by law, J-U-13 shall indemnify, defend, and hold
harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees from
and against any and all claims, ooubs. |naaeo, and damages (including but not limited tnall fees and
charges of CL|ENT, anchitacto, attornaye, and other pnofeoaiona|o, and all oourt, orbitneUon, 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, oioknoum, diaemoe, or death, or to injury to or destruction of
tangible property (other than the Work itae|f), including the |omo of use resulting there from, but only to
the extent caused by any negligent mct, ernor, omission of, or willful misconduct ofJ'U'B urJ-U'B'o
offinom` dinouto,u, partnmra, 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-13 in Subsection 4.05D,
"Allocation ofRimko.^ifany. J-U-B's costs associated with the defense requirement shall be proportional
toJ-U'B'anegligence aadetermined bythe trier offact.
C.[ndenon#fication by CLIENT. To the fullest extent permitted by law, CLIENT shall indemnify, defend, and
hold harmless, J-U-B, J-U-B's officers, directors, partners, agents, employees, and Consultants from and
against any and all claims costs, losses, and damages (including but not limited to all fees and charges of
J-U-B, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution
costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is
attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property
(other than the Work itso|f), including the |onu of use noou|Ung 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 iothis AGREEMENT oriothe
PROJECT. CL|ENT'ocosts associated with the defense requirement shall be proportional toCL|ENT'u
negligence andetermined 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 law, J'U'B'o total liability to the CLIENT for any and all
injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any
cause or causes, shall not exceed the total amount of Two Million OuUone ($2.000.000). Such causes
include, but are not limited to J-U-B's negligence, errors, omission, or willful misconduct and strict liability.
E. J-U-B reserves the right to obtain the services of other consulting engineers and consultants experienced
in airport work to prepare and execute a portion of the work that relates to the PROJECT.
�-B FAA Agreement for Professional Services
&GIS ENGINEERS, 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-S FAA Agreement for Professional Services
YAKIMA Attachment 2 — Special Provisions - FAA (REV 4/2/19) Page 2-3
AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT)
Environmental Review Taui|anwCharlie Extension, A.i9.3-53'QD89'052'2032
Yakima Air Terminal ' McAllister Field, Yokima, WA
THIS AGREEyNENTiseffecdvoano/ oyof/�`~° .202�byan�behmeen.�ib/ofYm�inne.
129N. Second St. Yakima, VVA88Q81 hereinafter referred bzanthe CLIENT, and J'U-13 ENGINEERS, Inc.,
VV. 422 R|veruida, Suite 304. Spokane, VVaahimgtnn, 99201. an Idaho Corponation, hereinafter referred to
aoJ'U-8,
WHEREAS, the CLIENT intends to: have anenvironmental review for the Tox|amoCharlie Extension
project hereinafter referred boosthm^Pnojent".Thasemiueu0obpperfonnedbyJ'U-Bamhenminafter
referred tousthe ^8emiowo^.
VV|TNEBS E TM
Now, therefore, the CLIENT and J-1-1-8. in consideration of their mutual covenants henmin, agree as oat for
ARTICLE
J-U-B'S SERVICES
1/01 BASIC SERVICES
J'U'BwiU perform the Services described in Attachment -ScqpeoYSwrviumm, Basis mfFee, and
Schedule inmmanner consistent with the applicable standard ofcare. J'U'B^sservices shall belimited tu
those expressly set forth therein, and J'U-B nhm|| have no other ob|iguUomu, dudes, or responsibilities for
the Project except osprovided |nthis Agreement.
1.02 SCHEDULE OF SERVICES, T0BEPERFORMED
J-U-BwiU perform said Services in accordance with the schedule described in Attachment 1 Scope of
Services, Basis of Fee, and Schedule in a manner consistent with the applicable standard of care. This
schedule shall bmequitably adjusted oothe Project proQresaas, allowing for changes in nnopo, character
ursize cf the Project as requested by the CLIENT or for delays or other causes beyond J-U-B's control.
1.03 ADDITIONAL SERVICES
When authorized in writing by the CLIENT, J'U-B agrees to furnish, or obtain from others, mddW000|
professional services in connection with the PR0JECT, as set forth below and as otherwise contained
within this 4Qoeement�
A. Provide other nan/1mem not otherwise provided for in this Agnsemomt, including services normally
furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES.
B. Provide aom|oeo as an expert vvhnwoo for the CLIENT in connection with litigation or other
proceedings involving the PROJECT.
C. Assist nrextend oemioau as a result ofstrikes, walkouts, or other labor disputes, including acts
relating to settlement ofminority group problems,
O. Mitigation work identified inthe environmental review.
Agreement For Professional Services-pAA Format 0320(9/21/20211:27:00 pq) Page 1
ARTICLE
CLIENT'S RESPONSIBILITIES
2.01 CLIENT'S RESPONSIBILITIES
The CLIENT shall furnish the following services at the CLIENT'S expense and in such a manner that
J-U-13 may rely upon them in the performance of its services under this AGREEMENT:
A- Dmu/gnato, in whUmg, o person authorized to act authe CLIENT'S contact. The CLIENT or his
designated contact shall receive and examine documents submitted by J-U'B to determine
acceptability ofsaid documents, interpret and define the CLIENT'S policies, and render decisions
and authorizations in writing promptly to prevent unreasonable delay in the progress ofJ-U-B`n
services,
B. Make available hoJ'O-B all technical data that iswnthe CLIENT'S powoeouion, including maps,
ewnxeyo, property descriptions, borings, and other information required by J'U'B and relating to its
C� Hold promptly all required special meetings, serve all required public and private nodnea, receive
and act upon all protests and fulfill all requirements necessary inthe development ofthe PROJECT
and pay all costs incidental thereto.
D. Provide legal:, accounting and insurance counseling services necessary for the PROJECT, Legal
review of the construction Contract Documents, and such writing services an the CLIENT may
require moaccount for the expenditure cfconstruction funds.
E� Furnish permits and approvals from all governmental authorities having jurisdiction over the
PROJECT and from others anmay bonecessary for completion ofthe PROJECT.
F. The CLIENT agrees to cooperate with J-U-B in the approval of all plans, reports and studies, and
shall make a timely decision in order that no undue expense will be caused J-U-13 because of lack
of decisions, |fJ-U'B is caused extra drafting or other expense due to changes ordered by the
CLIENT after the completion and approval of the p|ano, reporto, and studies, J'U-B nheU be
equitably paid for such extra expenses and services involved.
& 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'uservices under this AGREEMENT.
H. Give prompt written notice to J-U-13 whenever the CLIENT observes or otherwise becomes aware
efany defect inthe PROJECT urother event that may substantially affect J'U'B's performance of
services under this AGREEMENT.
i Promptly prepare and submit reimbursement ,equnstoVrfunding agencies,
J, Compensate J-U-13 for services promptly rendered under this AGREEMENT.
ARTICLE
J-U'B'S COMPENSATION
3L04 BASIC SERVICES COMPENSATION
J-U'13shall provide services inconnection with the terms and conditions ofthis Agreement, and the CLIENT
shall compensate J'U'Btherefore as detailed inAttachment 1 —ScqpwwfServ}cws. Basis of Fee and
Schedule.
Partial payment shall be made for the services performed as the work under this AGREEMENT progresses,
Such payment is to be made monthly based on the itemized statements, |nvoicws, orother evidences of
performance furnished to and approved by the CLIENT. All claims for payment will be submitted in aform
compatible with current practices and acceptable k/the CLIENT. Partial payments will include payroll costs,
adjusted for payroll burdens, and general and administrative overhead, as well as out-of-pocket expenses,
plus that portion of the fixed fee vvh|oh its percentage of completion bears to the total cost of the fully
Agreement For Professional Services -FAA Format ozzn$, 7,2o ,^`9:00*w Page 2
completed work under this AGREEMENT. The CLIENT shall make full payment of the value of such
documented monthly service as verified on the monthly statement,
3.02 ADDITIONAL COMPENSATION
In addition to any and all compensation heneinabcme' the CLIENT shall compensate J-L-B for Additional
Services, Section 1.03, under a written Authorization for Additional Services executed by both Parties that
specifically describes the additional work and the cost associated therewith. These additional services are
to be performed or furnished by J-U-B only upon receiving said written authorization from the CLIENT.
3.03 COMPENSATION ADJUSTMENT
CLIENT agrees to provide J-U-B a notice to proceed with Services within 120 days of the effective date of
this Agreement identified in Attachment 1. If the notice to proceed with Services is delayed beyond 120
days from the effective date of this Agreement, or service described will not be completed during the term
of this Agreement through no fault of J-U-B, the Agreement shall be amended through mutual negotiation
toaddress both schedule and pricing impacts ofthe delay. CLIENT understands that any pricing increase
may not begrant fundable byFAA,
3.04 ADDITIONAL CONDITIONS OF COMPENSATION
The, CLIENT and J'U-Bfurther agree that:
A. J-U-13 shall submit monthly statements for Services rendered and for expenses incurred, 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 of J-U-B's statement, the amounts
due J'U'Bwill accrue interest at the rate of1% per month from said thirtieth day oratthe maximum
interest rate allowed bylaw, whichever isless.
B. If the CLIENT hsi|o to make monthly payments due J'U'B. J'U'B may, after giving ten (10) days
written notice kzthe CLIENT, suspend services under this Agreement.
ARTICLE
GENERAL PROVISIONS
4.01 OWNERSHIP OF DOCUMENTS
Upon the request of the CL|ENT. J'U'B ohmU furnish the CLIENT copies cf all mops, plots, dnawingo,
estimate sheets, and other contract documents required for the PROJECT provided J-U-B has been paid
in full for the work, Upon the request of the CLIENT and the completion of the work specified herein, all
material documents acquired or produced by J-U-B in conjunction with the preparation of the plans shall be
delivered tmand become the property ofthe CLIENT providing nofuture use ofsaid documents orportions
thereof shall be made by the CLIENT with J-U-B'n name or that o/J-U-B ENGINEERS, Inc., attached
thereto. Final submittal of J-U-B's work product shall be in hard -copy format and no electronic design files
will be submitted as part of the PROJECT, unless expressly requested.
Any reuse without written consent by J'U'B, nrwithout verification or adoption by J'U'B for the specific
purpose intended by the reuse, will be atCL|EMT's om|e risk and without UmbiDh/ or |eQm| exposure to
J-U-B. The CLIENT shall release, defend, indemnify, and hold J-U-B harmless from any claims, damages,
actions or causes of action, losses, and expenses, including reasonable attorneys' and expert fees, arising
out oforresulting from such reuse.
Agreements for Professional Services are public records which are generally subject to statutory public
disclosure and pub|iowobniha posting neguirememtn, and such disclosure will not be considered ''veuom
without written consent by J-U-B".
J-U-B shall retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary
information onsubsequent projects mtJ-U-B'osole risk.
Agreement For Professional Services - FAA Formato320(9/1 T120219:19�00 AM) Page
4M DELEGATION OF DUTIES
Neither the CLIENT norJ-1-1-B shall delegate, asnign, sublet ortransfer ther respective duties under this
Agreement without the prior written consent of the other.
4.03 GENERAL
A. Should litigation occur between the two parties relating to the provisions of this Agreement, court
costs and reasonable attorney fees incurred shall be borne by their own party,
B. Neither party shall hold the other responsible for damage or delay in performance caused by acts
of God. strikes. |ockouts, acoidents, orother events beyond the reasonable control of the other or
the other's employees and agents.
C. |nthe event any provisions cf this AGREEMENT shall bmheld tmbainvalid and unenforceable, the
remaining provisions shall be valid and binding upon the parties. One (1) or more waivers by either
party or any pnnv|simn, term, nondidon, orcovenant shall not be construed by the other party as e
waiver ofsubsequent breach ofthe same bythe other party.
D. J'U'B shall render its services tinder this AGREEMENT in accordance with gomen*Uy accepted
professional practices and Standard mfCare. J'U-Bmakes noother warranty for the work provided
under this AGREEMENT.
E CLIENT grants J-U'Band 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,
webobe.Untmane1.and marketing. This right shall survive the termination ofthis Agreement,
R Any opinion o/ the estimated construction cost prepared by J'U'B represents its judgment oa u
design professional and is supplied for the general guidance of the CLIENT. Since J'U'B has no
control over the cost oflabor and nlmtmdxi or over competitive bidding or market condidons.
J-U-B does not guarantee the accuracy of such opinions as compared to Contractor bids or actual
costs to the CLIENT.
G. Any notice or other communications required or permitted by this contract or by law to be served
on, given to, or delivered to either party hereto by the other party shall be in vvdhng and shall be
deemed duly samad, givon, ordelivered when personally delivered to the party to whom it is
addressed or, in lieu nfsuch personal service, when deposited |nthe United States mail, certified
mail, return reoeiptrequouhod,oddnaonodkztheCL|ENTat129N.SeoomdStYakimn.VVA08g81
and to J'U'8 m1VV. 422 Riverskde, Suite 304. Spokane, VvaahimgVon, 99201 Either party, the
CLIENT or J-U-13, may change his address (or the purpose of this paragraph by giving written notice
ofsuch change 10the other party inthe manner provided inthis paragraph.
�04 MEDIATION BEFORE LITIGATION
Any and all disputes arising out nfurrelated Uothe Agreement, except for the payment ofJ'U'B's fees, shall
besubmitted hononbinding mediation before mutually acceptable mediator ana condition precedent to
litigation or other binding adjudicative procedure unless the parties mutually agree otherwise. The CLIENT
further agrees to include a similar mediation provision in all agreements with independent contractors,
consultants, subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for
mediation as the primary method for dispute resolution among all the parties involved in the Project. In the
event the parties are unable to agree on m mod|ato,, said mediator shall be appointed by a court of
competent Jurisdiction or, ifnot possible, the American Arbitration Association. If dispute relates to. or is
the subject of a lien arising out of J-U-B's Services, J-U-8 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 hagoverned byand interpreted under the laws ofthe State ofWashington. The parties
agree that in the event it becomes necessary to enforce any of the kymno and conditions of this Contract
that the forum, venue and jurisdiction lmthat particular action shall be[nYakima County, WA.
Agreement For pmfes FAA Agreement-2019
Services — FAA Format 0320(9/1712021 919:0 AM)
4.05 INSURANCE AND INDEMNITY
A. J'U'B's Insurance. J-U-Bagrees hmprocure and maintain, atits expense, Commercial General
Liability insurance of$1.OUO.8OU combined single limit for personal injury and property demogeo,
and Professional Liability Insurance of$1`0B0.000 per claim for protection against claims mdnimg
out of the performance of services under this Contract caused by negligent acta, annna, or
omissions for which J-U-B is ]oguUy ||ub|e, subject to and limited by the provisions in Subsection
4.05.D^ "Allocation of Risks`. if any. J-U-B shall deliver to the CL|ENT, prior to execution of the
AGREEMENT by, the CLIENT and prior to commencing work. Certificates of |nmunynom, identified
on their face as the Agreement Number to which appUcob|e, as evidence that policies providing
such coverage and limits of insurance are in full force and effect. J-U-B shall acquire and maintain
statutory workmen's compensation coverage. Thirty (30) days advance notice will be given in
writing to the CLIENT prior to the canoe||otion, te/m|natiom, or alteration of said policies of
Insurance.
B� Indemnification byJ-U'B. To the fullest extent permitted bylaw. J-U-B shall indemnify and hold
harmless CLIENT, and CL|ENT'mofficers, directors, partners, agents, consultants, and employees
from and against any and all claims, costs, losses, and damages (including but not limited to all
fees and charges of CLIENT, archdocte, attumoyo, and other pnofeosiomo|s, and all cmurt,
ad,drebon, or other dispute resolution costs) arising out of or ny|aWnA to the PR[UECT, provided
that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death,
o, to injury to or destruction of tangible property (other than the Work ibaa|f), including the loss of
use resulting there from, but only to the extent caused by any negligent act, ornor, or omission of
J-U-B orJ'U'B'n mffioers, direotors, partnnns, 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-BinSubsection 4.O64"Allocation mfRioku.",fany.
C. Indemnification by CLIENT. Tothe fullest extent permitted by |aw. CLIENT ahuQ indemnify and
hold honn|omu J'U'B. J'U'B'm offiuers, directonu, pmrtnero, aDenka, 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, amoh|temts, mttomeyo, and other professionals, and all oourt, erb|trodon, or
other dispute resolution costs) arising out oforrelating to the PROJECT, provided that any such
claim cost, |uwo, or damage is attributable to bodily injury' sickneos. U|sease, or death or to injury
to or destruction of tangible property (other than the Work itself), including the loss ufuse resulting
there from, but only tothe extent omunod by any negligent act, error, or omission of CLIENT or
CL|ENT'e offinem, directors, or omp|oyeoo, retained by or under contract to the CLIENT with
respect onthis AGREEMENT orko the PROJECT.
Q. Allocation cfRisks. The CLIENT and J'U'Bhave discussed the risks, rewards and benefits cf the
project and the design professional's total fee for services. The risks have been allocated such that
the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT
for any and all injuries, claims, |osues, exponmas, damages or claims expenses arising out of this
agreement from any cause or causes, shall not exceed the total amount of fees paid to J-U-B under
this Agreement. Such causes include, but are not limited toJ-U'8'n nmg|igonce, errmrn, omission
and strict liability. Neither CLIENT nor J-U-B ohnU be responsible for incidental, indirect or
consequential damages,
E. J-U-B nonomen the dgb1 to obtain the oendneo o/other consulting engineers and consultants
experienced in airport work to prepare and execute a portion of the wmdh that no|uhms to the
PROJECT,
F. Nothing contained |nthis agreement shall create acontractual relationship with ormcause ofaction
infavor ofmthird party against J'U-B.
4.06 EXTENT OPAGREEMENT
This Agreement represents the entire and |n4agrmhad agreement between the CLIENT and J-U-B and
supersedes all prior negotiations, reprasentadono, or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both the CLIENT and J-1-1-13.
Agreement For Professional Services — FAA Format 0320(9/y 712021 9:19�00 AM) Page 5
FAA Agreement-2019
ARTICLE
FAA FEDERAL CLAUSES
5.01 SUCCESSORS AND ASSIGNMENTS
A. The CLIENT and J-U'8 each binds itself and its partnero, ouoceomom, executors, administrators
and assigns to the other parties to this Agreement, and to the successors, executors, administrators
and assigns ufsuch other party inrespect toall covenants ofthis Agreement,
B. |tinunderstood bythe CLIENT and J'U'Bthat the FAA isnot a party tothis Agreement and will not
be responsible for engineering costs except as should be agreed upon by the CLIENT and the FAA
under aGrant Agreement for the PROJECT.
C. This Agreement may not be assigned except upon specific prior written consent of the CLIENT.
5.02 TERMINATION
A. TERMINATION FOR CONVENIENCE
The CLIENT may, by written notice to J'U'B. terminate this Agreement for its convenience and
without cause or default on the part ofJ'U-El Upon receipt ofthe notice of termination, except as
explicitly directed by the CLIENT, J-U-B must immediately discontinue all services affected,
Upon termination of the Agreement, J-U'B must deliver to the CLIENT all data, oumeya, mode|u,
drawings, specifications, reports, maps, photographs, estimates, summaries, and otherdonumento
and materials prepared byJ'U-B under this contract, whether complete orpartially 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 osaresult 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 breeching party an opportunity todispute ur
cure the breach.
The terminating party must provide the breaching party 7days advance written notice of its intent
to terminate the Agreement The nmdno must specify the nature and extent ofthe bneech, the
conditions necessary to cure the breach, and the effective date of the termination action, The rights
and remedies in this o|auon are in addition to any other rights and remedies provided by |ovv or
under this agreement,
e) Termination by CLIENT: The CLIENT may terminate this Agreement in whole or in port.
for the failure of J-U-B to:
1� Perform the services within the time specified inthis contract orbyCLIENT approved
extension;
2, Make adequate progress so as to endanger satisfactory performance of the Project; or
1 Fulfill the obligations of the Agreement that are ouuanbu| to the completion of the
Project.
Upon receipt of the notice of termination, J-U-B must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, J'U'B
Agreement For Professional Services -FAA Formal 0320$wr120,e`9:00ww Page
must deliver to the CLIENT all data, mun/eys, modo|o, drawings, apecJuodono, reporto,
maps, photographs, estimates, summaries, and other documents and materials p,epaned
by J-U-B under this vontmnt, whether completeor partially complete.
CLIENT agrees to make just and equitable compensation to J'U'B for satisfactory work
completed mpthrough the date J'U'Breceives the termination notice. Compensation will
not include anticipated profit onnon-performed services,
CLIENT further agrees to hold J'U'B harmless for errors oromissions in documents that
are incomplete aoaresult ofthe termination action under this clause.
If, after finalization of the termination action, the CLIENT determines J-U'B was not in
default of the Agreement, the rights and obligations ofthe parties shall bethe same onif
the CLIENT issued the termination for the convenience oythe CLIENT.
b) Termination by Consultant: J-U-B may terminate this Agreement in whole or in part. if
the CLIENT:
I. Defaults onits obligations under this Agreement:
2. Fails komake payment h»J'U'Binaccordance with the terms ofthis Agnsmment|
3. Suspends the Project for more than 120 days due to reasons beyond the control of
J-U-B.
Upon receipt of moboo of termination from J'U-B. CLIENT agrees to cooperate with
J-U-Bfor the purpose nfterminating the agreement mrportion thereof, bymutual consent.
If CLIENT and J-U'B cannot reach mutual agreement on the termination settlement,
J-U-B may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the CLIENT's breach of the contract,
In the event of termination due to CLIENT breach, the Engineer is entitled to invoice
CLIENT and to receive full payment for all services performed or furnished in accordance
with this Agreement and all justified reimbursable expenses incurred by J-U-B through the
effective date oftermination modmn. CLIENT agrees to hold J'U-B harmless for errors or
omissions in documents that are incomplete as a result of the termination action under this
clause.
5.03 CERTIFICATIONS OpJ'u-0AND CLIENT
A. The CLIENT and J-U'Bhereby certify that J-U'Bhas not been required, directly orindirectly, osan
expressed or implied condition in connection with obtaining or carrying out this contract, to:
1. employ orretain, or agree toemploy orretain, any firm or persons-, or
2. pay, or agree to pay, to any finn, person or organization, any fee, oontdbudun, donation or
consideration ofany kind.
8� Aoi0mad "Certificate for Contracts, Gren1e. Loans, and Cooperative Agreements" is included with
this agreement.
5.04 TAX DELINQUENCY AND FELONY CONVICTIONS
J-U-Bcertifies, bysubmission ofthis proposal oracceptance ofthis contract, that itinnot acorporation that
has any unpaid Federal tax liability that has been annemoe¢ for which all judicial and administrative
remedies have been exhausted orhave lapsed, and that |mnot being paid imotimely manner pursuant to
an agreement with the authority responsible for collecting the tax liability.
J-U'B further nppneoenb; that it is not a corporation that was convicted of criminal violation under any
Federal law within the preceding 24months.
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FAA Agreement-2019
5.05 CIVIL RIGHTS GENERAL
J-U-B agrees that it will comply with pertinent statutes, Executive Orders, and such rules as are promulgated
to ensure that no person ahaU, on the grounds of race, onmed, color, national udg|m, oox, ago, or disability,
be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds J'U-B and mubtiorconnm|tonts from the solicitation period through the completion of
the contracL This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
5i06 CIVIL RIGHTS TITLE VI - NONDISCRIMINATION REQUIREMENTS
During the performance of this contcmct. J-U-B, for huelf, auboonuu|tonts, he assignees and successors in
interest, agrees as follows:
A. Compliance with Regulations. J-U-Bwill comply with the Title V|List ofPertinent Nondiscrimination
Acts and Authorities aothey may haamended from time to time (hereinafter referred toaothe
ReOu|otions).which are herein incorporated byreference and made apart Vfthis contract.
B. Non-discrimination. J-U-B, with regard tuthe work performed by it during the contract, shall not
discriminate on the grounds of race, co|or, or national origin in the uo|autiom and retention of
nubnomou|tonto, including procurements of mahahp|o and /aaoea of equipment. J-U-B will not
participate directly crindirectly in the discrimination prohibited bythe Nondiscrimination Acts and
Aulhoridas, including employment procduoo when the contract covers any activity, pnojent, or
program set forth inAppendix Bcf4QCFRPart 21�
C. Solicitations for Subcontracts, Including Procurements of N1oteho|m and Equipment In all
solicitations either by competitive bidding or negotiation made byJ'U-B for work to be performed
under subcontract, including procurements ofmaterials or leases oJequipment, each potential
subconsultant or supplier will be notified by J-U-B of J-U-B's obligations under this contract and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
D. Information and Repgrts. J'U-B will provide all information and reports required by the Acts, the
Rogu|mdunn and directives issued pursuant thereto and will permit access tn its books, records,
accounts, other sources of information, and its facilities as may be determined by the CLIENT or
the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities,
and instructions. Where any information required of J-U-B is in the exclusive possession of another
who fails or refuses to furnish this inhormat[on. J'U'B will so certify to the CLIENT urthe FAA, as
appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance, !nthe event ofJ'U'B'unoncompliance with the non-discrimination
provisions of this contract, the CLIENT will impose such contract sanctions as it or the FAA, may
determine mbeappropriate, including, but not limited to:
1. withho|dingofpaymnntmtoJ'U-Bundorthocontneu\und|J'U'Bcomp|ioa,mnd/or
2. cancellation, termination, or suspension of the contract, in whole or in part.
F� Incorporation of Provisions. J'U'BwiU include the provisions ofparagraphs Athrough E in every
subcontract, including procurements of materials and |eomeo of equipment, unless exempt by the
Aots. Regulations and directives issued pursuant thereto, J-U'Bwill take such action with respect
boany subcontract orprocurement anthe CLIENT orthe FAA may direct aaameans ofenforcing
such provisions including sanctions for noncompliance. Prnv|ded, that ifJ-U-B becomes involved
in, oriothreatened with, litigation by asuboonsu|\ant orsupplier as a result ofsuch dinaohon.
J-U'B may request the CLIENT to enter into such litigation to protect the interests of the CLIENT.
In addidon. J-U'B may request the United States ioenter into such litigation to protect the interests
of the United States.
5/07 TITLE V|LIST OFPERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance n/this contract, J-U-B, for itself, its assigneeu, and successors in interest agrees
Vmcomply with the following non-discrimination statutes and authorities; including but not limited \o�
Agreement For Professional Services -FAA Format 0320$17120,a,9:mAw Page
* Title V1 of the Civil Rights Act of 1964 (42 US.C. § 2008d et uoq, 78 etat, 352), (prohibits
discrimination onthe basis ofrace, color, national origim);
0 49 CFR part 21 (Non-discrimination In Federal y-Asaistod Programs of The Department of
Transportation —Effectuation ofTitle V|ofThe Civil Rights Act of1984);
* The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U,S.C�
§ 4001). (prohibits unfair treatment of persons displaced or whose property has been acquired
because ofFederal orFederal-aid programs and pnojects)(
W Section 504 of the Rehabilitation Act of 1973. (29 U.S.C. § 704atueqj. as amended, (prohibits
discrimination onthe basis ofdinabi|ity);and 48CFRpart 27;
* The Ago Discrimination Act of 1975, as amended, (42 U�S.C. § 8101 et seq.), (prohibits
discrimination onthe basis ofmge):
* Airport and Airway Improvement Act of 1082. (49 USC § 471. Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
0 The Civil Rights Restoration Act of 1987. (PL 180-209). (Broadened the ouope, coverage and
applicability of Title V| of the Civil Rights Act of 1964. The Aga Discrimination Act of 1075 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
oractivities" toinclude all ofthe programs oractivities cf the Federal -aid recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
° Titles I|and III ofthe Americans with Disabilities Act of1990'which prohibit discrimination unthe
basis of disability /n the operation of public onbhes, public and private transportation systems,
places of public auoommodabon, and certain testing enhdou (42 U.&C. §§ 12131 - 12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
w The Federal Aviation Administration's Nondiscrimination statute (49 U.O.C. § 47123) (prohibits
discrimination onthe basis ofrace, color, national origin, and nox);
a Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-income Populations, which ensures non-discrimination against minority populations by
discouraging progrmms, po|ideo, and activities with disproportionately high and adverse human
health orenvironmental effects onminority and low-income populations;
* Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP), To ensure compliance with Title VI, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs (70 Fed, Reg, at 74087
Lo741OQ);
m Title |X of the Education Amendments of 1972, as amendad, which prohibits you from
discriminating because ofsex |n education programs oractivities (20 U.S.0 1681 atueq).
5.08 DISADVANTAGED BUSINESS ENTERPRISE (49 CF0pmrt 26)
A. The requirements of4QCFR part 28apply bathis contract. |tisthe policy ofthe CLIENT 1opractice
nondiscrimination based on oaoe, ow|or, sex or national origin in the award or performance of this
contract, The CLIENT encourages participation by all Mnne qualifying under this solicitation
regardless ofbusiness size orownership.
B. Contract Assurance (§26.13). J-U'B mhs|| not discriminate on the basis of race, oa|or, national
origin' or sex in the performance ofthis contract. J'U'B mheU carry out applicable requirements of
49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by J'U'8 to
carry out these requirements is a material breach of this contnoc1, which may result in the
termination ofthis contract orsuch other ramody, as the recipient deems appropriate.
C. Prompt Payment (§20,29). J-U'B agrees to pay each consultant under this agreement for
satisfactory performance of its contract no later than 30 days from the receipt ufeach payment
Agreement For Professional Services - FAA Format o3ou��7,12o,*19:OOww Page
J4J-13 receives from the CL|ENT. J'U-8 agrees further to return retainage payments to each
subconsultant within 30 days after the subconsultant's work is satisfactorily completed. Any delay
or postponement of payment from the above referenced time frame may occur only for good cause
following written approval of the CLIENT. This o|ouoe oppUoy to both DBE and non -DBE
subcunsu|tanto.
5.09 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49CFRPart 3O.Appendix A)
4^ No Federal appropriated funds shall be paid, by or on behalf of J-U-13, to any person for influencing
urattempting 0oinfluence en officer oremployee ofmnagency, aMember ofCongress, enofficer
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 ex1wnsion, comdmuadon, renewal,
amendment or modification of any Federal grant, contract, loan, or cooperative agreement.
B� If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of Member ofCongress in connection with
any Federal contract, |oun, grent, or cooperative mgneennemt. J'U'BnhuU complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. J'U'Bshall require that the language of this certification be included in the award documents for all
sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
5.10 EQUAL OPPORTUNITY CLAUSE
During the performance ofthis contract, J-U-Bagrees asfollows:
(1) J'U-Bw0l not discriminate against any employee o,applicant for employment because of race,
color, religion, sex, or national origin. J-1-1-13 will take affirmative action to ensure that applicants are
emp|oyed, and that employees are treated during employment without regard tutheir race, 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 ortermination; rates of pay or other forms of compensation; and selection for
training, including appnanMcesh|A. J-U-B agrees to post in conspicuous p|amon. available to
employees and applicants for employment, noUonn to he provided setting forth the provisions of
this nondiscrimination clause.
(2) J-U-13 will, in all solicitations or advertisements for employees placed by or on behaIf of J-1-1-13, state
that all qualified applicants will receive considerations for employment without regard to race, om|or.
religion, sex, ornational origin.
(3) J-U-B will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of J-U-13's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment,
(4) J-U-13 will comply with all provisions of Executive Order 11246 of September 24, 19S5.and cfthe
rules, regulations, and relevant orders Pfthe Secretary ofLabor,
(5) J-U-B will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain u»mp|iunoa with such ru|ea, ragu|ahonm, and
orders.
(B) In the event ofJ'U-B'm noncompliance with the nondiscrimination clauses of this ozntnod or with
any of the said ru|ea, megulaUuno, or ovdam, this contract may be canmAed. Venninuhed, or
suspended in whole or in part and J-1.1-8 may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Agreement For Professional Services - FAA Format 03mu(9x7l2u~n,9�00A* Paeem
Executive Order 11246 ofSeptember 24. 1885, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24. 1965. or by ru|e,
regulation, ororder ofthe Secretary ofLabor, orosotherwise provided bylaw,
(7) J'U'B will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by ru|eo, negu|mbnnx, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor orvendor. J'U-8 will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such prov|oionu, 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 an a result of such direction by the
administering agenoyJ'U'B may request the United States tnenter into such litigation Voprotect
the interests ofthe United States.
5.11 ACCESS T0RECORDS AND REPORTS
J-U-B must maintain an acceptable cost accounting system. J-U-B agrees to provide the CLIENT, the FAA,
and the Comptroller General of the United States or any of their duly authorized representatives access to
any books, documents, papers, and records of J-U-B which are directly pertinent to the specific contract for
the purpose ofmaking audit, examination, excerpts and transcriptions. J-U-Bagrees !omaintain all books,
records and reports required under this contract for a period of not less than three years after final payment
ismade and all pending matters are closed,
5.12 TRADE RESTRICTION CERTIFICATION (49 CFR Part3O)
By submission of an offer, J-U-13 certifies that with respect to this solicitation and any resultant contract, the
Offeror -
A� is not owned orcontrolled byone mmore citizens ofoforeign country included inthe list of
countries that discriminate against U.Sifirms uopublished hythe Office ofthe United States Trade
Ropraoantndva(U.S.T.R.);
B. has not knowingly entered into any contract or subcontract for this project with o person that is e
citizen or national of a foreign country included on the list of countries that discriminate against U.S.
firms aapublished bythe U.5.T.R;and
C. has not entered into any subcontract for any product to be used on the Federal public works project
that is produced in a foreign country included on the list of countries that discriminate against U.S,
firms published 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 ha|ee, ficddmuu, or fraudulent certification may render the maker subject to prosecution
under Title 10.United States Code, Section 10O1.
J'U'B must provide immediate written notice to the CLIENT ifJ-U-B |eomm that its certification or that of
uuboonsu|zant was erroneous when submitted o, has become erroneous by msmnnn of changed
circumntancon. 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
CFR3O.17`nocontract shall boawarded 0zasmbunnnu|tant:
1)who is owned or controlled by one or more citizens mnationals ofaforeign country included on
the list ufcountries that discriminate against US. firms published bythe U.S.T.R-mr
2) whose ouboonnuUmnta are owned or controlled by one or more citizens or nationals nfm foreign
country on such U.SIR. list or
3) who incorporates in the public works project any product of a foreign country on such U,S.T.R. list.
Agreement For vsiomuoemic,m-rpApv"na 0320(g=7,?*1e19,00Am) pngn11
Nothing contained in the foregoing ohoU be construed to require establishment cfo system ofrecords in
order to render, in good faith, the certification required by this provision, The knowledge and information
of consultant is not required to exceed that which is monna|yy pon0000ad by o prudent person in the
ordinary course ofbusiness dealings,
J'U'B agrees that, if awarded a contract resulting from this so|icitadon, it will incorporate this provision for
certification without modification in in all lower tier subcontracts. J-U'B may rely on the certification of
prospective muboonoy!Contthat itisnot afirm from aforeign country included mnthe list ofcountries that
discriminate against U.S, firms as published by U.S.T.R, unless J-U-13 has knowledge that the certification
is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award.
If it is later determined that J'U'B or nuboonsuhont knowingly rendered an erroneous certification, the
Federal Aviation Administration may direct through the CLIENT cancellation Vfthe contract orsubcontract
for default at no coot to the CLIENT orthe FAA.
5.13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION
J-U-6 certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation inthis transaction byany Federal department oragency.
|tfurther agrees by submitting this proposal that itwill include this clause without modification in all lower
tier transactions, scAkjtations, proposals, comtracts, and subcontracts. For each lower tier subcontract that
exceeds $25.000 as a "covered transaction", J'U-B ohnR verify each lower her participant of "covered
transaction" under the project in not Aneoanny debarred or otherwise disqualified from participation in this
federally assisted pnojoot. J-U'BwiU accomplish this by:
1> Checking the System for Award Management atwebsitc: http:0mmxw.samgov
2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
(Bidder orOffermr).above,
3) Inserting a clause or condition in the covered transaction with the lower tier contract
If the F/#\ later determines that m lower tier participant failed to disclose to a higher tier participant that it
was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any
available remedies, including suspension and debarment of the non -compliant participant.
5.14 OCCUPATIONAL HEALTH ACT OF19TO
All contracts and subcontracts that result from this solicitation incorporate byreference the requirements of
29 CFR Part 1910with the same force and effect as if given in full text. J'U-B ohoU provide m work
environment that iufree from recognized hazards that may cause death or serious physical harm to the
employee, J-U-B retains full responsibility to monitor its compliance and their subconsultant's compliance
with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Port 1910).
J'U-B will address any claims or disputes that pertain to m referenced requirement directly with the U.S.
Department ufLabor - Occupational Safety and Health Administration.
5.15 FEDERAL FAIR LABOR STANDARDS ACT
All contracts and subcontracts that result from this solicitation incorporate byreference the provisions of20
CFRpart ZQ1,the Federal Fair Labor Standards Act (FLSA).with the same force and effect aslfgiven in
full text, The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
part time workers,
J'U-B has full responsibility to monitor compliance 0o the nofo,entad ohaiuks or regulation. J-U'B will
address any claims ordisputes that arise from this requirement directly with the US. Department ofLabor
-VVogwmndHourD|vioian.
Agreement For Profemuomaaorvicoo-F*A=vnma 0320(91i71201a19:0f)AA�� pano1z
5.16 VETERAN'S PREFERENCE
In the employment nflabor (excluding axeoudve, administraUve, and supervisory positions), J'U-B and all
sub -tier consultants must give preference 0000veredve0eran000definmdwithinTitle48UndodStateaCode
Section 47112. Covered veterans ino|mdeVimtnam'ona veterans, Persian Gulf veterans, Afghanistan -Iraq
war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C, 832) owned and
controlled by disabled veterans. This prehmmanoo only applies when there are covered veterans readily
available and qualified to perform the work bowhich the employment ra|mteo.
5.17 TEXTINGWHILE DRIVING.
In accordance with Executive Order 13513. "Federal Leadership on Reducing Text Messaging VVhi|a
Driving" and DOT Ordar3802.1O "Text Messaging While Driving" FAA encourages recipients of Federal
grant funds hu adopt and enforce safety policies that decrease crashes by distracted drivero, including
policies to ban text messaging while driving when performing work related to m grant oroub'grant.
J-U-B has in place a policy within J-U-B Accident Prevention plan that prohibits all employees from texting
and driving. J'U'B shall include these policies in each third party subcontract involved on this project,
518 HUMAN TRAFFICKING
A. J-U-B. J-U-B's employoas, and subcontractors may not engage in severe forms of trafficking in
persons during the period of time that the FAA award is in effect, pnmomny m commercial sex act
during the period of time that the award is in effect, or use hovond labor in the performance of the
award or sub -awards under the award.
B. For the purpose of this award term, "emphyee^includes:
1. An individual employed by you or sub -recipient who is engaged in the performance ofthe
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, |ndwd|ng, but not limited to, o volunteer or individual whose services
are contributed byathird party as an in -kind contribution toward cost sharing or matching
requirements.
C. For the purposes of this award term only, "forced labor" means labor obtained by any of the
following methods: the recruitment, horboring, irmnspodm|ion, provinkrn, or obtaining of ponsmm
for labor or nem|m»o through the use of force, houd, or coercion for the purpose of subjection to
involuntary oemituda, peonage, debt bondage, or slavery.
D. For the purposes of this award term only, "severe forms of trafficking in persons," "commercial sex
ao1,^and ^ooencion~have the meanings given atSection 1O]nf the TYPA.aoamended (22U.S.C.
7102).
5.19 ENERGY CONSERVATION
J'U'8and any ouboonauhuntaagree hocomply with mandatory standards and policies relating 0nenergy
efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (42U3.C,G2D1etaaq).
5.20 PROHIBITION QFSEGREGATED FACILITIES
(1) J'U'B agn*mo that it does not and will not maintain or provide for its employees any segregated
facilities atany cfits establishments, and that i\does not and will not permit its employees to
perform their services at any location under its control where segregated facilities are maintained,
J'U-B agrees that a bnamoh of this clause is a violation of the Equal Opportunity clause in this
contract.
(Z) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
Agreement For Profess�onal Services -FAA Format oc20(91?71202,y,mmAM) Page 13
FAA amreem"nL2u1m
(3)
transportation, and housing facilities provided for employees, that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, or national origin
because of written or oral policies or employee custom. The term does not include separate or
single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy
between the sexes.
J-LI-B shall include this clause in every subcontract and purchase order that is subject to the Equal
Opportunity clause of this contract.
5.24 AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
J-L1-13's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications" set forth herein.
2 The goals and timetables for minority and female participation, expressed in percentage terms for
J-LI-B's aggregate workforce in each trade on all construction work in the covered area, are as
fol lows:
Timetables
Goals for minority participation for each trade: [ 9.7% I
Goals for female participation in each trade: [ 6.9%
These goals are applicable to all of if -U-B's construction work (whether or not it is Federal or
federally -assisted) performed in the covered area. If the contractor performs construction work in
a geographical area located outside of the covered area, it shall apply the goals established for
such geographical area where the work is actually performed. With regard to this second area, the
contractor also is subject to the goals for both its federally involved and non -federally involved
construction,
J-U-B's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The
hours of minority and female employment and training must be substantially uniform throughout
the length of the contract, and in each trade, and the contractor shall make a good faith effort to
employ minorities and women evenly on each of its projects. The transfer of minority or female
employees or trainees from Contractor to Contractor or from project to project for the sole purpose
of meeting J-U-B'S goals shall be a violation of the contract, the Executive Order and the
regulations in 41 CFR Part 60-4. Compliarice with the goals will be measured against the total
work hours performed.
3. J-U-B shall provide written notification to the Director of the Office of Federal Contract Compliance
Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of
S10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the name, address, and telephone number of the subcontractor, employer
identification number of the subcontractor; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in which the
subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is
Washington State, Yakima County, City of Yakima.
Agreement For Professional Services — FAA Format 0320(9,w/22/ 919:0D AM) Page 14
FAA Agreement 2019
IN WITNESS WHEREOF, the CLIENT and J-LI-B hereto have made and executed this AGREEMENT as
of the day and year first above written,
CLIENT:'
City of Yakima, Washington ATTEST
Name:
Title:
CITY CONTRACT NO'
RESOLUTION UTION NO. -a
J-fig;
J-LI-B ENGINEERS, Inc.
By:
Name: Tony_ er, P;E.
Title: Aviation Services Group
Applicable
Attachments
or Exhibit tit
this
Agreement
are lndtcated'
as marked
anager
erttii tton For Contracts
Grants, Loans, and Cooperative
Agreements
J•-B Debarment Lookup
Attachment I — Scope of Services,
Basis of Fee and Schedule
Attachment IA - Detailed Scope or
Work
Attachment Ig, - Fee Breakdown
Attachment — Special Provision
Exhibit A. orrstrucRion Phase
Services
Agreement For Professional Servic F Format 03200prnpor
FM Agreement_ O19
A
EST
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, (uthe best ofhis cxher knowledge and belief, that
1No 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 mfCongress |nconnection with the awarding ofany Federal contract, the making ofany
Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, orcooperative agreement.
Z If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL"Disclosure ofLobby Activihns''. in accordance
with its instructions,
3. The undersigned shall require that the language ofthis certification Ueincluded inthe award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
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 ofthis certification is prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S, Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each su i failure.
Signed:
Sponsor oAo`°ori Ro��m*n
/01
Agreement For professiona|Services-FAA Format[320(91i71202/e/9WAU� Pagr1s
Las( updated hy Wena1, Gimns Soloman on ,Ipr 22, 2(121 as 11:27 ANY
ENGINEERS, INC
JILSAM.Govr
J-U-B ENGINEERS, INC.
DUNS Unique Entity ID
078408341
Purpose of Registration
All Awards
Physical Address
2760 W Excursion LN STE 400
Meridian, Idaho 83642.5313
United States
Doing Business as
J-U-B
Congressional District
Idaho 01
SAM Unique Entity ID
WU2TGK7D3J49
Expiration Date
Apr 22, 2022
Mailing Address
2760 W Excursion Lane
Suite 400
Meridian, Idaho 83642
United States
Division Name
J-u-b Engineers, Inc.
State / Country of Incorporation
Idaho / United States
CAGE 1 NCAGE
OKJY0
Registration Status
Active
Division Number
(blank)
URL
www.jub.com
Registration Dates
Activation Date
May 12, 2021
Entity Dates
Entity Start Date
Jan 1, 1954
Submission Date
Apr 22, 2021
Fiscal Year End Close Date
Dec 31
Initial Registration Date
Jan 15, 2002
Immediate Owner
CAGE
(blank)
Legal Business Name
(blank)
Highest Level Owner
CAGE
(blank)
Legal Business Name
(blank)
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of
P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is
sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant
responded to the questions.
Proceedings Questions
Registrants in the System for Award Management (SAM) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or
2.C.F.R. 200 Appendix XIL Their responses are not displayed in SAM. They are sent to FAPIIS.gov for display as applicable. Maintaining an active
registration in SAM demonstrates the registrant responded to the proceedings questions.
I authorize my entity's non -sensitive information to be displayed in SAM public search results:
Yes
Business Types
Entity Structure
Corporate Entity (Not Tax Exempt)
Profit Structure
For Profit Organization
Entity Type
Business or Organization
Debt Subject To Offset
No
Organization Factors
(blank)
.."
Accepts Credit Card Payments
Yes
hups,lisom„gow'eniiry/1178408,141''onreparcOoarus—Acnve
Pagr I .),12
Las+. updated hsi Wendy Givens Soloman on Apr 22, DOI ut I 1:27 ,4NI
ENGINEERS, INC
Electronic Business
9.
Laurel Fritz, Corporate Accountant
2766 W Excursion Lane
Suite 400
Meridian, Idaho 83642
United States
Government Business
Timothy J Haener, President/CEO
Clyde J Hurst, Project Manager
2760 W Excursion Lane
Suite 400
Meridian, Idaho 83642
United States
400 Memorial Drive
Idaho Falls, Idaho 83402
United States
NAICS Codes
Primary
Yes
NAICS Codes
541330
221310
221320
236220
237110
237210
237310
237990
541320
541370
541618
541620
541820
562910
925120
Yes, this entity appears in the disaster response registry.
States
Idaho
Utah
Washington
Counties
(blank)
-
NAICS Title
Engineering Services
Water Supply And Irrigation Systems
Sewage Treatment Facilities
Commercial And Institutional Building Construction
Water And Sewer Line And Related Structures Construction
Land Subdivision
Highway, Street, And Bridge Construction
Other Heavy And Civil Engineering Construction
Landscape Architectural Services
Surveying And Mapping (Except Geophysical) Services
Other Management Consulting Services
Environmental Consulting Services
Public Relations Agencies
Remediation Services
Administration Of Urban Planning And Community And Rural
Development
vsnAniiTi'
Metropolitan Statistical Areas
(blank)
haps: aaangovaani.iy/07840834 Paorepara?saaus-,Acala,
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(*MB
.11.1P0 ENGINEERS, INC.
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES — (FAA FORMAT}
Attachment 1 — Scope of Services, Basis of Fee, and Schedule
PROJECT NAME: Environmental Review Taxilane Charlie Extension
AIRPORT NAME: Yakima Air Terminal - McAllister Field
CLIENT: City of Yakima
A.I.P. NUMBER: 3-53-0089-052-2022
J-U-B PROJECT NUMBER: 45-20-026
CLIENT PROJECT NUMBER:
ATTACHMENT TO:
AGREEMENT DATED: ; or
:] AUTHORIZATION FOR ADDITIONAL SERVICES #X; DATED:
The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B)
and the CLIENT is amended and supplemented to include the following provisions regarding the Scope of
Services, Basis of Fee, and/or Schedule:
PART 1 - PROJECT UNDERSTANDING
FAA AIP 3-53-089-052-2022 includes an environmental evaluation for the following work:
Taxilane Charlie Extension demolition and modification of hangars, extension of existing utilities
(water, sewer, and power) and construction of taxilanes to server future hangar development. The
proposed project area is approximately 17 acres.
A detailed Scope of Services is provided in Attachment 1A — Detailed Scope of Work.
PART 2 - BASIS OF FEE
A. CLIENT shall pay J-U-B for the identified Services in PART 1 as follows:
1. Environmental Review Taxilane Charlie Extension. The CLIENT shall compensate J-U-B on the
basis of a lump sum amount of Twenty Two Thousand Seven Hundred Seventy Dollars and No
Cents ($22,770,00). See Attachment 1E3 for a detailed cost breakdown
PART 3 - SCHEDULE OF SERVICES
J-U-B will perform all services according to the following schedule:
We anticipate field work to be completed in October 2021 with report development to be
completed by March 2022. Draft report submittal by end of December 2021.
This Agreement shall be in effect from October 5, 2021 to March 31, 2022. In the event the services
described shall not be completed during the term of this Agreement, the Agreement shall be amended.
This schedule shall be equitably adjusted as the PROJECT progresses, allowing for changes in scope,
character or size of the PROJECT requested by the CLIENT or for delays or other causes beyond J-U-B's
control.
NOTE on Coronavirus and Schedule: J-U-B is committed to meeting your project schedule
commitments as delineated above. As our response to the COVID-19 pandemic, J-U-B is engaging in
safely procedures to help protect our clients, staff, their families, and the public. Our staff or offices may
Agreement For Professional Services - FAA Format
Attachment 1 - FAA Scope of Services, Schedule, and Basis of Fee (Rev. 051220) Page 1-1
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 COV!D-19 issue arise with J-LI-B
staff or in a J-U-B office that will impact our deliveiy schedule, we will notify you of the circumstances and
mutually agree to a schedule adjustment
Exhibit(d):
Attachment 1A - Detailed Scope of Work
• Attachment 1B - Fee Breakdown
• Attachment 1C - Study Area
For internal J-U-B use only:
PROJECT LOCATION (STATE): Washington
TYPE OF WORK: Choose an item.
R&D: No
GROUP: Airport
PROJECT DESCRIPTION(S):
Airport (A05)
Environment& (E09)
Agreement For Professional Services — FAA Format
Attachment 1 — FAA Scope of Services, Schedule, and Basis of Fee (Rev. 051220) Page 1-2
J-w*ENGINEERS, INC.
J~U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT)
Attachment I A — Detailed Scope of Work
PROJECT NAME: Environmental Review TaxManoCharlie Extension
AIRPORT NAME: Yakima Air Terminal ' McAllister Field
CLIENT: City ofYakima
A.I.P. NUMBER: 3'53'0080'052'2022
J'U-BPROJECT NUKMBEW45'21'O21
CLIENT PROJECT NUMBER,
ATTACHMENT TO:
0 AGREEMENT DATED:
,
� or
[] AUTHORIZATION FOR ADDITIONAL SERVICES #X;0ATED:
The referenced Agreement for Professional Services executed between J'L-BENGINEERS, Inc. (J-U'B)
and the CUENT is amended and supplemented to include the following provisions regarding the Scope of
PART 1-PROJECT UNDERSTANDING
1) Cultural Resource Survey
2) Biological Report,
3) Water Resource Assessment.
4) Field Visit.
The Proposed Project elements, herein referred to as the "PROJECT," are illustrated on the attached Study
Area Exhibit, The study area limits encompass a total of + 17 acres. This Environmental Review will address
the aforementioned proposed project action elements consistent with the Airport Layout Plan (ALP).
PART 2-SCOPE QPSERVICES BY J-U-B
J-U-B's Services under this Agreement are limited to the following tasks. Any other items necessary to plan
and implement the project, including but not limited vmthose specifically listed inPART 3.are the
responsibility of CLIENT.
Conduct an Environmental Review to determine existing environmental conditions contained within the
defined Study Area. The enclosed Attachment illustrates the anticipated Study Area, which encompasses
approximately ± 17 acres, The Environmental Review will be developed in accordance with Federal Aviation
Administration (FAA) Order 5050.413 and 105,0.1 F, as amended. The preparation of the environmental
review will consist ofthe following tasks:
1Project Management —J'U-Bwill perform coordination with project team, the Owner, the FAA
and other applicable agencies. This Scope ofServices assumes coordination with FAA staff for
their review and approval of the environmental document. Propane monthly invoices for work
completed during the period invoiced. Provide m summary of the work completed during the
invoice period.
Work Task:
* Monthly Invoices and Coordination meetings (G)
2� Resource Evo|uadnn—Condmcta site survey, environmental resource analysis and describe
the existing conditions of the project area consistent with FAA Order 1050.1F Environmental
Agreement for Professional Gomiceo—FAA Format (Rev2-19)
Impacts: Policies and Procedures, J-U-B will obtain relevant data from local, state and federal
agencies to identify potential impacts from the proposed action. Resources that will be evaluated
include: air quality, compatible land use, farmlands, floodplains, visual impacts, noise,
socioeconomic resources, transportation biological resources, invasive species, recreational
resources and cultural resources. A qualified wetland specialist will perform a water resource
assessment to determine if any jurisdictional waterways no wetlands are located irt the project
area. A qualified archaeologist and architectural historian (subconsuftant) will prepare a cultural
resource survey for the proposed project area.
Deliverables:
• Baseline resource data
• Biological evaluation
• Water resource assessment inciuding a wetland deiineation report
• Cultural resource survey
3. Prepare Draft Environmental Document — J-U-B will prepare a draft environmental document
commensurate with an FAA Documented Categorial Exclusion including the completion of the
FAA Documented Cat Ex Form. Prepare supporting documentation and attachments for the
environmental document. Process the draft environmental document for submittal to the project
sponsor and FM revievy
Deliverables:
• Draft Environmental Document
4. Prepare Final Environmental Document — Revise the final environmental document to respond
to agency comments and submit the final document to FAA for signature. The final
environmental document Will be submitted to the project sponsor.
Deliverables:
• Final Environmental Document
PART 3 . ASSUMPTIONS AND EXCEPTIONS
A. List of Assumption and Exceptions here
• No Phase 1 Environmental Site Assessment (ESA)
• No forma i or informal consultation with United States Fish Wildlife Services (USFWS)
• No public involvement
Agreement for Professional Services — FAA Format (Rev 2-19)
Attachment ¶A- FM Detailed Scope of Work Page 2
ATTACHMENT 1B- Fee Breakdown
PROJ ririLE: Yakima Air 'I ermined - McAllister Field Taddlane Charlie Extension ProjeD MP 3-53-0089-052-2022
FAJEN City or Yakima. AN A
JOB AL MRES1 45-21-026
WAIT: Augost IC 2021
AWeitk`l' tOrrrho 'SW*" 04442$4014440 4W** 04,4***0410)
Project Fositoomental St Mot Entiromental 1
ix% Manager Lead Biologist Specialist Designer Clerical Trips rarAr DI RFCr
so PROJECT TASK 556.00 $65.00 654.60 S32 00 S39200 S20.00 RDA cos is
irtarrillg44iral$1,6114 osiwttwaokmwosaavoxnkmsaavugosratt*atosmuttatdaiaoksaseahmatooaoszmass
i Project Manabeincrit 12 I 0 0 0 60 0 0 1 20 S922,00
2 Psisource 6.94161669 2 40 24 A 0 0 0 0 71 6333660
a Preparb Dralt Eitsisoninc61.41 DOCUrnent 4 2 V 4 4 G 0 0 0 'l 26 0? 0))
4 libtaparai Final Essitinintental DoCUMent 0 4 0 0 0 0 (4 s S314 (V
Sub :Total Dealps 46 10 42 42 10 6 126 Si 646 00
t vitt.
rUbOr
Dareat Oasitissal
Plats! Sea
2°161 Labor = Ovottead obit l'46
1610 42 42 ol
126 65,646 lbt
Fita 4 % SOT 99 97
I5 959 S2,252 19
5124305 16
Cog =4r Ground Trip
1,X11.4SM Per Unit Trips Trips Days doors Milos Stickup
;Cr Tutvul S990.09 I) I 0 SWIM
6411cage SO..560 2 4 t 4 1.0 S463266
Pet Diem 555 OP o ro $0.00
Lodappg S15000 0 1.0 61.600
Ovlo 1 40 0.60
Piantlng S0.00 1 0 SO 00
(:tthurai Reailarap Stirsay S5,0001 1.0 1*10100
SO 1.0 i0,00
6*1 1.0 i0.00
Subibist a littbor Oterhead hke-d tee
Subtotal issoctsses
Dobastal - Sok 001.12Anis
Toital -Pruitt it Design Fees
Si?IDA
S463 68
66000 09
S12,77BUO
ErMronmentai Taxiway 8_12_2021 Page 1B-1
FLV
VICINITY MAP
YAKIMA AIR TERMINAL, McCALLISTER FIELD
YAKIMA, WASHINGTON
amrkwt c.anaue FX7Era,aw N4IXEcC -.„
xrie. r✓ Nun ,41, , r r,ccr
Alvachment 1_G.51,wely Pkea._.._
�
�rJ'U-���� ��
� �
J-U^BENGINEERS, INC.
Client Name:
J-U-BENGINEERS, Inc.
FAA AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 2 — Special Provisions
City ofYakima, Yakima Air
Terminal - McAllister Field
Project: Environmental Review Tax|anoCharlie
Extension
4^&.P.# 3'53-0088-052-2022
The TERMS AND CONDITIONS ofthe FAA Agreement for Professional Services dated re
amended to include the following Special Provisions. If there in o conflict in the provisions set forth in these
Special Provisions and those represented imthe Environmental Rwv|owTwx||nne Charlie Extension F/#\
Agreement for Professional Semiooe. the Special Provisions shall prevail:
For the purposes of this attachment, 'Agreement for Professional Services' and 'the Agreement' shall referto
the document entitled 'FAA Agreement for Professional Services,' executed between J-U-B and CLIENT to
which this exhibit and any other oxhib|tmhavobeunattached.
FAA AGREEMENT
4.06|NSUFANCE AND INDEMNITY
Delete Section 4,05/nits entimetyand replace with the fo/lowin-W
4.U5INSURANCE AND INDEMNITY
A. Insurance.
1� During performance nfthe Services, J'U-8shall secure and maintain ineffect insurance toprotect
the CLIENT and J'U'Bhom and against all claims, damages, |oaams, and expenses arising out of
o/ resulting from the performance of this Contract. J'U'13 shall provide and maintain in fmoxa
insurance inlimits noless than that stated below, anapplicable. The CLIENT reserves the right to
require higher limits should it deem ltnecessary inthe best interest ofthe public.
Z Commercial General Liability Insurance. Before this Contract is fully executed by the partiea.
J-U'B shall provide the CLIENT with a certificate of insurance as proof ofcommercial liability
insurance and commercial wmhroUe liability insurance with a total minimum liability limit ofTwo
Million OoUora ($2.000'000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2.D8O.0O0.O0)general aggregate (per pnojeot). The policy shall
include employers liability (Washington Stop Gap), The certificate shall clearly otoky 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 of this Contract. The policy shall name
the CLIENT, its elected officials, officers, agents, employees, and volunteers as additional insureds.
The insurance shall be with an insurance company orcompanies rated A,V|i or higher in 8nst's
Guide and admitted inthe State ofWashington.
3. Commercial Automobile Liability Insurance.
a. |fJ'U'B owns any vehin|os, before this Contract is fully executed by the parkes, J-U'B shall
provide the CLIENT with o certificate of insurance as proof of commercial automobile liability
insurance and commercial umbrella ||obiUh/ insurance with a *mty| minimum liability limit ufTwo
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J-m-8ENGINEERS, INC.
Million Dollars ($2'O0O.O0Q.00)per occurrence combined single limit bodily injury and property
damage. Automobile liability will apply to"Any Auto" and beshown onthe certificate.
lb. ;fJ-U-B does not own any vehicles, onk/^Non'owned and Hired Automobile Liability" will be
required and may added to the commercial liability coverage mt the same limits usrequired in
that section ofthis Contract, which is Section 2 entitled "Commercial Liability Insurance".
c Under either situation described above in Section 3,a and Section 3.b, the required certificate of
insurance shall clearly state who the provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy xheU name the CLIENT, its elected offioio|m, officers,
agents, emnp|nyeos, and volunteers as additional insureds. The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State
of Washington.
4. Professional Liability Coverage, Before this Contract is fully executed by the parties, J-U-B shall
provide the City with a certificate of insurance as proof ofprofessional liability coverage with atotal
minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily
injury and property damage, and Two Million DoUona (32.000.000.00)oggnagate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and when the policy
and provisions provided are in effect. The insurance shall be with an insurance company or
companies nyVmd A,VU or higher in Bent'o Guide. If the policy iowritten on a o|a}nnm made basis the
coverage will continue in force for an additional two years after the completion of this contract.
B� Indemnification by J-U-B, To the fullest extent permitted by law, J-U-13 shall indemnify, defend, and hold
hmmnlone CLIENT, and CL|ENT'o ofOoars, d|reotom, pmrtnwm, agemtn, connu|1mnCo, and employees from
and against any and all claims, costs, |ooeem, and damages (including but not ||nni1od to all fees and
ohoq]oo of CLIENT, onchkecto, ettommya, and other pnofouniona|u, and all oourt, adbX1nmdon, 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, disoese, or death, or to injury to or destruction of
tangible property (other than the Work itsm|f), including the loss of use nmau|bng there from, but only to
the extent caused by any negligent act, ennr, omission of, or willful misconduct nfJ-U-B prJ-U'B'x
mffioem, dirwoUom, peMnem, employees, or Consultants. The indemnification provision of the preceding
sentence |osubject to and limited by the provisions agreed to by CLIENT and J-U-B in Subsection 4.05D,
"Allocation ofRioka.^ifany. J-U'B'scosts associated with the defense requirement shall beproportional
\oJ-U-B'anegligence aodetermined bythe trier offact.
C. Indemnification by CLIENT. To the fullest extent permitted by |mw. CLIENT aheU |ndemnify, dafend, 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, |osu, or damage is
attributable to bodily irjury, sioknnao, disease, or death or to injury toordestruction of tangible property
(other than the Work |tno|f). including the |asn of use resulting there from, but only to the extent caused
by any negligent act, ennr, omission of, or willful misconduct of CLIENT orCL|ENT'o oMioem, dir000re,
or emp|oyeeo, retained by or under contract to the CLIENT with respect to this AGREEMENT or to the
PR[)JECT. CLIENT's costs associated with the defense requirement shall be proportional to CLIENT's
negligence aodetermined 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 |avv^ J-U'B'o total liability to the CLIENT for any and all
injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any
cause orcauses, ohuU not exceed the total amount ofTwo Million DuUace($2.O8O.O0O). Such causes
inducle, but are not limited to J-U-B's negligence, errors, omission, or willful misconduct and strict liability.
E, J-U'Breserves the right toobtain the services ofother consulting engineers and consultants experienced
in airport work to prepare and execute a portion of the work that relates to the PROJECT,
�-Bnm Agreement for Professional Services
J-1.1.8 ENGINEERS 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
PU-Ei FAA Agreement for UralsMonal Semmes
YAK,MA Attachment 2 — Se oW Prog(sions - FAA (REV 4/2(29( Page Z-3
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.F.
For Meeting of: October 5, 2021
ITEM TITLE: Resolution authorizing an agreement with JUB Engineering, Inc for
environmental services regarding development of a new passenger
terminal building and Taxilane Charlie expansion projects
SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
On September 21, 2021, City Council adopted the Airport Layout Plan with Narrative Report,
which identifies important Capital Improvement Projects at the airport through 2040. Two
projects highlighted within the plan are the extension of Taxilane Charlie and the consideration for
constructing a new passenger terminal building in 2025.
Prior to initiating the design, engineering, and construction of these projects, the Federal Aviation
Administration (FAA) requires the airport to conduct environmental studies of both locations.
Provided the ground at both locations have already been disturbed by previous capital
improvements, it's anticipated the airport will receive approval through a documented category
exclusion as outlined within the FAA's Environmental Orders (FAA Order 1050.1 F and FAA
Order 5050.4B). Upon acceptance by the FAA these project will require no further
environmental review and allow the airport to proceed to initial design and engineering.
The tasks assigned to JUB Engineering will include review of baseline resource data, biological
evaluation, water resource management, cultural resource survey and prepare a final
environmental document to be presented to the Federal Aviation Administration. Total contract
amount is $35,410, which the FAA will provide 90% of the funding administered through a grant
during FY 2022. The remaining 10% will be derived from the Passenger Facility Charge
program.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
2
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D Resolution 9/8/2021 Resolution
D Terminal Enviro Contract 9/22/2021 Contract
❑ Taxilane Charlie Enviro Contract 9/22/2021 Contract