HomeMy WebLinkAbout02/01/2022 06.G. Resolution authorizing professional services contract with JUB Engineering on the Taxilane Charlie extension design and bidding project 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.G.
For Meeting of: February 1, 2022
ITEM TITLE: Resolution authorizing professional services contract with JUB
Engineering on the Taxilane Charlie extension design and bidding
project
SUBMITTED BY: Jaime Vera, Interim Airport Director
SUMMARY EXPLANATION:
This contract will construct Taxilane(s)for GA Aircraft and Hangar Development adjacent to
Taxiway Charlie, grade the Taxilane Safety and Object Free Areas to meet FAA
Standards, Install new Security Fencing, add/relocate access gate(s) and realign existing chain
link security fence, demolish or modify existing hangars, route existing sanitary sewer, domestic
water, and utility sleeves as needed to avoid future pavement cuts to the paved Taxilane, improve
drainage in the vicinity of the Taxilane. Work includes grading and installation of catch basins and
pipes to collect and route stormwater.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
❑ reso 1/20/2022 Corer Memo
0 Contract 1/11/2022 Contract
2
RESOLUTION NO. R-2022-
A RESOLUTION authorizing an agreement with JUB Engineering, Inc for professional services
regarding the Taxilane Charlie extension (design and bidding) project.
WHEREAS, City owns and operates Yakima Air Terminal-McAllister Field in accordance with
applicable Federal, State and Local regulations; and
WHEREAS, the City maintains a roster of consultants whose statements of qualifications
represent that they have the expertise necessary to perform the services required by the City; and
WHEREAS, the State of Washington requires that engineering services be performed by a
Professional Licensed Engineer; and
WHEREAS, the City Council has determined that it is in the best interest of the Yakima Air
Terminal-McAllister Field and the residents of the City to enter into an Engineering Services Agreement
with JUB Engineering, Inc., attached hereto and incorporated herein by this reference, to provide project
formulation, design, bidding services, and to develop and submit a grant application in order to construct
taxilane(s) for GA aircraft and hangar development adjacent to Taxiway Charlie, install new primary
security fencing, demolish existing hangar(s), install utility sleeves as needed as well as improve drainage
in the vicinity of the Taxilane.
WHEREAS, the Yakima Air Terminal-McAllister Field has coordinated with the Federal Aviation
Administration through the airport's Capital Improvement Plan to utilize approximately $159,048.00 of
federal grant funds and approximately $17,672.00 of Passenger Facility Charge funds, used as the
airport's local match requirement, to fund the work to be performed under the terms of the Engineering
Services Agreement; and in accordance with the terms and conditions of the Agreement attached hereto
the J-U-B will perform the services outlined therein during the 2022 calendar year with the design phase
anticipated to be finished by April of 2022, bidding thereafter, and an anticipated construction start time
of summer of 2023, as funding becomes available; and
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 Agreement
for Professional Services: Taxilane Charlie Extension (Design and Bidding) with JUB Engineering, Inc.
in the amount not to exceed One Hundred Seventy-Six Thousand Seven Hundred Twenty Dollars and
No Cents ($176,720.00), to provide design and bidding services as outlined in the Agreement.
ADOPTED BY THE CITY COUNCIL this 1th day of February , 2022.
ATTEST: Janice Deccio, Mayor
Sonya Clear Tee, City Clerk
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AGREEMENT FOR PROFESSIONAL SERVICES(FAA FORMAT)
Taxilane Charlie Extension (Design and Bidding), A.I.P. 3-53-0089-052-2022
Yakima Air Terminal - McAllister Field, Yakima,WA
THIS AGREEMENT is effective as of the day of February, 2022 by and between, City of
Yakima, 129 N. Second St., Yakima, WA 98901 hereinafter referred to as the CLIENT, and J-U-B
ENGINEERS, Inc., W. 422 Riverside, Suite 304, Spokane, Washington, 99201, an Idaho Corporation,
hereinafter referred to as J-U-B.
WHEREAS, the CLIENT intends to: Complete AlP 3-53-0089-052-2022 that includes the design and
bidding phase services for the Construction of Taxilanes for GA Hangar Development and Perimeter
Fencing hereinafter referred to as the "Project". The services to be performed by J-U-B are hereinafter
referred to as the "Services".
WITNESSETH
Now, therefore, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set for
below:
ARTICLE 1
J-U-B'S SERVICES
1.01 BASIC SERVICES
J-U-B will perform the Services described in Attachment 1 - Scope of Services, Basis of Fee, and
Schedule in a manner consistent with the applicable standard of care. J-U-B's services shall be limited to
those expressly set forth therein, and J-U-B shall have no other obligations, duties, or responsibilities for
the Project except as provided in this Agreement.
1.02 SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said Services in accordance with the schedule described in Attachment 1 Scope of
Services, Basis of Fee, and Schedule in a manner consistent with the applicable standard of care. This
schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character
or size of the Project as requested by the CLIENT or for delays or other causes beyond J-U-B's control.
1.03 ADDITIONAL SERVICES
When authorized in writing by the CLIENT, J-U-B agrees to furnish, or obtain from others, additional
professional services in connection with the PROJECT, as set forth below and as otherwise contained
within this Agreement:
A. Provide other services not otherwise provided for in this Agreement, including services normally
furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES.
B. Provide services as an expert witness for the CLIENT in connection with litigation or other
proceedings involving the PROJECT.
C. Assist or extend services as a result of strikes, walkouts, or other labor disputes, including acts
relating to settlement of minority group problems.
D. Mitigation work identified in the environmental review.
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ARTICLE 2
CLIENTS RESPONSIBILITIES
2.01 CLIENTS RESPONSIBILITIES
The CLIENT shall furnish the following services at the CLIENT'S expense and in such a manner that
J-U-B may rely upon them in the performance of its services under this AGREEMENT:
A. Designate, in writing, a person authorized to act as the CLIENT'S contact. The CLIENT or his
designated contact shall receive and examine documents submitted by J-U-B to determine
acceptability of said documents, interpret and define the CLIENT'S policies, and render decisions
and authorizations in writing promptly to prevent unreasonable delay in the progress of J-U-B's
services.
B. Make available to J-U-B all technical data that is in the CLIENT'S possession, including maps,
surveys, property descriptions, borings, and other information required by J-U-B and relating to its
work.
C. Hold promptly all required special meetings, serve all required public and private notices, receive
and act upon all protests and fulfill all requirements necessary in the development of the PROJECT
and pay all costs incidental thereto.
D. Provide legal, accounting and insurance counseling services necessary for the PROJECT. Legal
review of the construction Contract Documents, and such writing services as the CLIENT may
require to account for the expenditure of construction funds.
E. Furnish permits and approvals from all governmental authorities having jurisdiction over the
PROJECT and from others as may be necessary for completion of the PROJECT.
F. The CLIENT agrees to cooperate with J-U-B in the approval of all plans, reports and studies, and
shall make a timely decision in order that no undue expense will be caused J-U-B because of lack
of decisions. If J-U-B is caused extra drafting or other expense due to changes ordered by the
CLIENT after the completion and approval of the plans, reports, and studies, J-U-B shall be
equitably paid for such extra expenses and services involved.
G. Guarantee full and free access,with reasonable advance notice, for J-U-B to enter upon all property
required for the performance of J-U-B's services under this AGREEMENT.
H. Give prompt written notice to J-U-B whenever the CLIENT observes or otherwise becomes aware
of any defect in the PROJECT or other event that may substantially affect J-U-B's performance of
services under this AGREEMENT.
I. Promptly prepare and submit reimbursement requests to funding agencies.
J. Compensate J-U-B for services promptly rendered under this AGREEMENT.
K. Obtain bids or proposals from contractors for work relating to the PROJECT and bear all costs
relating to advertising.
ARTICLE 3
J-U-B'S COMPENSATION
3.01 BASIC SERVICES COMPENSATION
J-U-B shall provide services in connection with the terms and conditions of this Agreement, and the CLIENT
shall compensate J-U-B therefore as detailed in Attachment 1 — Scope of Services, Basis of Fee and
Schedule.
Partial payment shall be made for the services performed as the work under this AGREEMENT progresses.
Such payment is to be made monthly based on the itemized statements, invoices, or other evidences of
performance furnished to and approved by the CLIENT. All claims for payment will be submitted in a form
compatible with current practices and acceptable to the CLIENT. Partial payments will include payroll costs,
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adjusted for payroll burdens, and general and administrative overhead, as well as out-of-pocket expenses,
plus that portion of the fixed fee which its percentage of completion bears to the total cost of the fully
completed work under this AGREEMENT. The CLIENT shall make full payment of the value of such
documented monthly service as verified on the monthly statement.
3.02 ADDITIONAL COMPENSATION
In addition to any and all compensation hereinabove, the CLIENT shall compensate J-U-B for Additional
Services, Section 1.03, under a written Authorization for Additional Services executed by both Parties that
specifically describes the additional work and the cost associated therewith. These additional services are
to be performed or furnished by J-U-B only upon receiving said written authorization from the CLIENT.
3.03 COMPENSATION ADJUSTMENT
CLIENT agrees to provide J-U-B a notice to proceed with Services within 120 days of the effective date of
this Agreement identified in Attachment 1. If the notice to proceed with Services is delayed beyond 120
days from the effective date of this Agreement, or service described will not be completed during the term
of this Agreement through no fault of J-U-B, the Agreement shall be amended through mutual negotiation
to address both schedule and pricing impacts of the delay. CLIENT understands that any pricing increase
may not be grant fundable by FAA.
3.04 ADDITIONAL CONDITIONS OF COMPENSATION
The CLIENT and J-U-B further agree that:
A. J-U-B shall submit monthly statements for Services rendered and for expenses incurred, which
statements are due on presentation. CLIENT shall make prompt monthly payments. If CLIENT fails
to make any payment in full within thirty (30) days after receipt of J-U-B's statement, the amounts
due J-U-B will accrue interest at the rate of 1% per month from said thirtieth day or at the maximum
interest rate allowed by law, whichever is less.
B. If the CLIENT fails to make monthly payments due J-U-B, J-U-B may, after giving ten (10) days
written notice to the CLIENT, suspend services under this Agreement.
C. When the CLIENT directs that competitive bids be taken for construction on alternate designs,
where this involves the preparation of designs, plans, and specifications for alternate facilities, the
compensation to J-U-B shall be an additional payment to be negotiated at the time the CLIENT
directs that alternative designs, plans, and specifications be prepared, subject to FAA review and
approval.
ARTICLE 4
GENERAL PROVISIONS
4.01 OWNERSHIP OF DOCUMENTS
Upon the request of the CLIENT, J-U-B shall furnish the CLIENT copies of all maps, plots, drawings,
estimate sheets, and other contract documents required for the PROJECT provided J-U-B has been paid
in full for the work. Upon the request of the CLIENT and the completion of the work specified herein, all
material documents acquired or produced by J-U-B in conjunction with the preparation of the plans shall be
delivered to and become the property of the CLIENT providing no future use of said documents or portions
thereof shall be made by the CLIENT with J-U-B's name or that of J-U-B ENGINEERS, Inc., attached
thereto. Final submittal of J-U-B's work product shall be in hard-copy format and no electronic design files
will be submitted as part of the PROJECT, unless expressly requested.
Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B for the specific
purpose intended by the reuse, will be at CLIENT's sole risk and without liability or legal exposure to
J-U-B. The CLIENT shall release, defend, indemnify, and hold J-U-B harmless from any claims, damages,
actions or causes of action, losses, and expenses, including reasonable attorneys' and expert fees, arising
out of or resulting from such reuse.
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Agreements for Professional Services are public records which are generally subject to statutory public
disclosure and public website posting requirements, and such disclosure will not be considered "reuse
without written consent by J-U-B".
J-U-B shall retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary
information on subsequent projects at J-U-B's sole risk.
4.02 DELEGATION OF DUTIES
Neither the CLIENT nor J-U-B shall delegate, assign, sublet or transfer their respective duties under this
Agreement without the prior written consent of the other.
4.03 GENERAL
A. Should litigation occur between the two parties relating to the provisions of this Agreement, court
costs and reasonable attorney fees incurred shall be borne by their own party.
B. Neither party shall hold the other responsible for damage or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other events beyond the reasonable control of the other or
the other's employees and agents.
C. In the event any provisions of this AGREEMENT shall be held to be invalid and unenforceable, the
remaining provisions shall be valid and binding upon the parties. One (1) or more waivers by either
party or any provision, term, condition, or covenant shall not be construed by the other party as a
waiver of subsequent breach of the same by the other party.
D. J-U-B shall render its services under this AGREEMENT in accordance with generally accepted
professional practices and Standard of Care. J-U-B makes no other warranty for the work provided
under this AGREEMENT.
E. CLIENT grants J-U-B and its subsidiaries the unrestricted right to take, use, and publish images,
or edited images, of the project site and workers for J-U-B's purposes including, but not limited to,
website, intranet, and marketing. This right shall survive the termination of this Agreement.
F. Any opinion of the estimated construction cost prepared by J-U-B represents its judgment as a
design professional and is supplied for the general guidance of the CLIENT. Since J-U-B has no
control over the cost of labor and material, or over competitive bidding or market conditions,
J-U-B does not guarantee the accuracy of such opinions as compared to Contractor bids or actual
costs to the CLIENT.
G. Any notice or other communications required or permitted by this contract or by law to be served
on, given to, or delivered to either party hereto by the other party shall be in writing and shall be
deemed duly served, given, or delivered when personally delivered to the party to whom it is
addressed or, in lieu of such personal service, when deposited in the United States mail, certified
mail, return receipt requested, addressed to the CLIENT at 129 N. Second Street, Yakima, WA
98901 and to J-U-B at W. 422 Riverside, Suite 304, Spokane, Washington, 99201. Either party, the
CLIENT or J-U-B, may change his address for the purpose of this paragraph by giving written notice
of such change to the other party in the manner provided in this paragraph.
H. In soils investigation work and determining subsurface conditions for the PROJECT, the
characteristics may vary greatly between successive test points and sample intervals. J-U-B will
coordinate this work in accordance with generally accepted engineering practices and makes no
other warranties, expressed or implied, as to the professional advice furnished by others under the
terms of this AGREEMENT.
I. J-U-B has not been retained or compensated to provide design and construction review services
relating to the Contractor's safety precautions or to means, methods, techniques, sequences or
procedures required for the Contractor to perform his work including, but not limited to, aircraft
safety precautions, shoring, scaffolding, underpinning, temporary retainment of excavations, and
any erection methods and temporary bracing.
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4.04 MEDIATION BEFORE LITIGATION
Any and all disputes arising out of or related to the Agreement, except for the payment of J-U-B's fees, shall
be submitted to nonbinding mediation before a mutually acceptable mediator as a condition precedent to
litigation or other binding adjudicative procedure unless the parties mutually agree otherwise. The CLIENT
further agrees to include a similar mediation provision in all agreements with independent contractors,
consultants, subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for
mediation as the primary method for dispute resolution among all the parties involved in the Project. In the
event the parties are unable to agree on a mediator, said mediator shall be appointed by a court of
competent jurisdiction or, if not possible, the American Arbitration Association. If a dispute relates to, or is
the subject of a lien arising out of J-U-B's Services, J-U-B or its subconsultants may proceed in accordance
with applicable law to comply with the lien notice and filing deadlines prior to submission of the matter by
mediation.
This Contract shall be governed by and interpreted under the laws of the State of Washington. The parties
agree that in the event it becomes necessary to enforce any of the terms and conditions of this Contract
that the forum, venue and jurisdiction in that particular action shall be in Yakima County, WA.
4.05 INSURANCE AND INDEMNITY
A. J-U-B's Insurance. J-U-B agrees to procure and maintain, at its expense, Commercial General
Liability insurance of $1,000,000 combined single limit for personal injury and property damages,
and Professional Liability Insurance of $1,000,000 per claim for protection against claims arising
out of the performance of services under this Contract caused by negligent acts, errors, or
omissions for which J-U-B is legally liable, subject to and limited by the provisions in Subsection
4.05.D, "Allocation of Risks", if any. J-U-B shall deliver to the CLIENT, prior to execution of the
AGREEMENT by the CLIENT and prior to commencing work, Certificates of Insurance, identified
on their face as the Agreement Number to which applicable, as evidence that policies providing
such coverage and limits of insurance are in full force and effect. J-U-B shall acquire and maintain
statutory workmen's compensation coverage. Thirty (30) days advance notice will be given in
writing to the CLIENT prior to the cancellation, termination, or alteration of said policies of
Insurance.
B. Indemnification by J-U-B. To the fullest extent permitted by law, J-U-B shall indemnify and hold
harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees
from and against any and all claims, costs, losses, and damages (including but not limited to all
fees and charges of CLIENT, architects, attorneys, and other professionals, and all court,
arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided
that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death,
or to injury to or destruction of tangible property (other than the Work itself), including the loss of
use resulting there from, but only to the extent caused by any negligent act, error, or omission of
J-U-B or J-U-B's officers, directors, partners, employees, or Consultants. The indemnification
provision of the preceding sentence is subject to and limited by the provisions agreed to by CLIENT
and J-U-B in Subsection 4.05.D, "Allocation of Risks," if any.
C. Indemnification by CLIENT. To the fullest extent permitted by law, CLIENT shall indemnify and
hold harmless J-U-B, J-U-B's officers, directors, partners, agents, employees, and Consultants
from and against any and all claims costs, losses, and damages(including but not limited to all fees
and charges of J-U-B, architects, attorneys, and other professionals, and all court, arbitration, or
other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such
claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury
to or destruction of tangible property (other than the Work itself), including the loss of use resulting
there from, but only to the extent caused by any negligent act, error, or omission of CLIENT or
CLIENT's officers, directors, or employees, retained by or under contract to the CLIENT with
respect to this AGREEMENT or to the PROJECT.
D. Allocation of Risks. The CLIENT and J-U-B have discussed the risks, rewards and benefits of the
project and the design professional's total fee for services. The risks have been allocated such that
the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT
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for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this
agreement from any cause or causes, shall not exceed the total amount of fees paid to J-U-B under
this Agreement. Such causes include, but are not limited to J-U-B's negligence, errors, omission
and strict liability. Neither CLIENT nor J-U-B shall be responsible for incidental, indirect or
consequential damages.
E. J-U-B reserves the right to obtain the services of other consulting engineers and consultants
experienced in airport work to prepare and execute a portion of the work that relates to the
PROJECT.
F. Nothing contained in this agreement shall create a contractual relationship with or a cause of action
in favor of a third party against J-U-B.
4.06 EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and
supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both the CLIENT and J-U-B.
ARTICLE 5
FAA FEDERAL CLAUSES
5.01 SUCCESSORS AND ASSIGNMENTS
A. The CLIENT and J-U-B each binds itself and its partners, successors, executors, administrators
and assigns to the other parties to this Agreement, and to the successors, executors, administrators
and assigns of such other party in respect to all covenants of this Agreement.
B. It is understood by the CLIENT and J-U-B that the FAA is not a party to this Agreement and will not
be responsible for engineering costs except as should be agreed upon by the CLIENT and the FAA
under a Grant Agreement for the PROJECT.
C. This Agreement may not be assigned except upon specific prior written consent of the CLIENT.
5.02 TERMINATION
A. TERMINATION FOR CONVENIENCE
The CLIENT may, by written notice to J-U-B, terminate this Agreement for its convenience and
without cause or default on the part of J-U-B. Upon receipt of the notice of termination, except as
explicitly directed by the CLIENT, J-U-B must immediately discontinue all services affected.
Upon termination of the Agreement, J-U-B must deliver to the CLIENT all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents
and materials prepared by J-U-B under this contract, whether complete or partially complete.
CLIENT agrees to make just and equitable compensation to J-U-B for satisfactory work completed
up through the date J-U-B receives the termination notice. Compensation will not include
anticipated profit on non-performed services.
CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
B. TERMINATION FOR DEFAULT
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations
that are essential to the completion of the work per the terms and conditions of the Agreement. The
party initiating the termination action must allow the breaching party an opportunity to dispute or
cure the breach.
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The terminating party must provide the breaching party 7 days advance written notice of its intent
to terminate the Agreement. The notice must specify the nature and extent of the breach, the
conditions necessary to cure the breach, and the effective date of the termination action. The rights
and remedies in this clause are in addition to any other rights and remedies provided by law or
under this agreement.
a) Termination by CLIENT: The CLIENT may terminate this Agreement in whole or in part,
for the failure of J-U-B to:
1. Perform the services within the time specified in this contract or by CLIENT approved
extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the
Project.
Upon receipt of the notice of termination, J-U-B must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, J-U-B
must deliver to the CLIENT all data, surveys, models, drawings, specifications, reports,
maps, photographs, estimates, summaries, and other documents and materials prepared
by J-U-B under this contract, whether complete or partially complete.
CLIENT agrees to make just and equitable compensation to J-U-B for satisfactory work
completed up through the date J-U-B receives the termination notice. Compensation will
not include anticipated profit on non-performed services.
CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that
are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the CLIENT determines J-U-B was not in
default of the Agreement, the rights and obligations of the parties shall be the same as if
the CLIENT issued the termination for the convenience of the CLIENT.
b) Termination by Consultant: J-U-B may terminate this Agreement in whole or in part, if
the CLIENT:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to J-U-B in accordance with the terms of this Agreement;
3. Suspends the Project for more than 120 days due to reasons beyond the control of
J-U-B.
Upon receipt of a notice of termination from J-U-B, CLIENT agrees to cooperate with
J-U-B for the purpose of terminating the agreement or portion thereof, by mutual consent.
If CLIENT and J-U-B cannot reach mutual agreement on the termination settlement,
J-U-B may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the CLIENT's breach of the contract.
In the event of termination due to CLIENT breach, the Engineer is entitled to invoice
CLIENT and to receive full payment for all services performed or furnished in accordance
with this Agreement and all justified reimbursable expenses incurred by J-U-B through the
effective date of termination action. CLIENT agrees to hold J-U-B harmless for errors or
omissions in documents that are incomplete as a result of the termination action under this
clause.
5.03 CERTIFICATIONS OF J-U-B AND CLIENT
A. The CLIENT and J-U-B hereby certify that J-U-B has not been required, directly or indirectly, as an
expressed or implied condition in connection with obtaining or carrying out this contract, to:
1. employ or retain, or agree to employ or retain, any firm or persons; or
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2. pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or
consideration of any kind.
B. A signed "Certificate for Contracts, Grants, Loans, and Cooperative Agreements" is included with
this agreement.
5.04 TAX DELINQUENCY AND FELONY CONVICTIONS
J-U-B certifies, by submission of this proposal or acceptance of this contract, that it is not a corporation that
has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to
an agreement with the authority responsible for collecting the tax liability.
J-U-B further represents that it is not a corporation that was convicted of a criminal violation under any
Federal law within the preceding 24 months.
5.05 CIVIL RIGHTS GENERAL
J-U-B agrees that it will comply with pertinent statutes, Executive Orders, and such rules as are promulgated
to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability,
be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds J-U-B and subtier consultants from the solicitation period through the completion of
the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
5.06 CIVIL RIGHTS TITLE VI - NONDISCRIMINATION REQUIREMENTS
During the performance of this contract, J-U-B, for itself, subconsultants, its assignees and successors in
interest, agrees as follows:
A. Compliance with Requlations. J-U-B will comply with the Title VI List of Pertinent Nondiscrimination
Acts and Authorities as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this contract.
B. Non-discrimination. J-U-B, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, color, or national origin in the selection and retention of
subconsultants, including procurements of materials and leases of equipment. J-U-B will not
participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity, project, or
program set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, lncludinq Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by J-U-B for work to be performed
under a subcontract, including procurements of materials or leases of equipment, each potential
subconsultant or supplier will be notified by J-U-B of J-U-B's obligations under this contract and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
D. Information and Reports. J-U-B will provide all information and reports required by the Acts, the
Regulations and directives issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the CLIENT or
the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities,
and instructions. Where any information required of J-U-B is in the exclusive possession of another
who fails or refuses to furnish this information, J-U-B will so certify to the CLIENT or the FAA, as
appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of J-U-B's noncompliance with the non-discrimination
provisions of this contract, the CLIENT will impose such contract sanctions as it or the FAA, may
determine to be appropriate, including, but not limited to:
1. withholding of payments to J-U-B under the contract until J-U-B complies, and/or
2. cancellation, termination, or suspension of the contract, in whole or in part.
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F. Incorporation of Provisions. J-U-B will include the provisions of paragraphs A through E in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, Regulations and directives issued pursuant thereto. J-U-B will take such action with respect
to any subcontract or procurement as the CLIENT or the FAA may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if J-U-B becomes involved
in, or is threatened with, litigation by a subconsultant or supplier as a result of such direction,
J-U-B may request the CLIENT to enter into such litigation to protect the interests of the CLIENT.
In addition, J-U-B may request the United States to enter into such litigation to protect the interests
of the United States.
5.07 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this contract, J-U-B, for itself, its assignees, and successors in interest agrees
to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of
Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087
to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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5.08 DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part 26)
A. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the CLIENT to practice
nondiscrimination based on race, color, sex or national origin in the award or performance of this
contract. The CLIENT encourages participation by all firms qualifying under this solicitation
regardless of business size or ownership.
B. Contract Assurance (§26.13). J-U-B shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. J-U-B shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by J-U-B to
carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
C. Prompt Payment (§26.29). J-U-B agrees to pay each consultant under this agreement for
satisfactory performance of its contract no later than 30 days from the receipt of each payment
J-U-B receives from the CLIENT. J-U-B agrees further to return retainage payments to each
subconsultant within 30 days after the subconsultant's work is satisfactorily completed. Any delay
or postponement of payment from the above referenced time frame may occur only for good cause
following written approval of the CLIENT. This clause applies to both DBE and non-DBE
subconsultants.
5.09 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES(49 CFR Part 20,Appendix A)
A. No Federal appropriated funds shall be paid, by or on behalf of J-U-B, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment or modification of any Federal grant, contract, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
any Federal contract, loan, grant, or cooperative agreement, J-U-B shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. J-U-B shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
5.10 EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, J-U-B agrees as follows:
(1) J-U-B will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. J-U-B will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. J-U-B agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
(2) J-U-B will, in all solicitations or advertisements for employees placed by or on behalf of J-U-B, state
that all qualified applicants will receive considerations for employment without regard to race, color,
religion, sex, or national origin.
(3) J-U-B will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said
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labor union or workers' representatives of J-U-B's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) J-U-B will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
(5) J-U-B will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(6) In the event of J-U-B's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and J-U-B may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(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 rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. J-U-B will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in the event J-U-B becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency J-U-B may request the United States to enter into such litigation to protect
the interests of the United States.
5.11 ACCESS TO RECORDS AND REPORTS
J-U-B must maintain an acceptable cost accounting system. J-U-B agrees to provide the CLIENT, the FAA,
and the Comptroller General of the United States or any of their duly authorized representatives access to
any books, documents, papers, and records of J-U-B which are directly pertinent to the specific contract for
the purpose of making audit, examination, excerpts and transcriptions. J-U-B agrees to maintain all books,
records and reports required under this contract for a period of not less than three years after final payment
is made and all pending matters are closed.
5.12 TRADE RESTRICTION CERTIFICATION (49 CFR Part 30)
By submission of an offer, J-U-B certifies that with respect to this solicitation and any resultant contract, the
Offeror-
A. is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States Trade
Representative (U.S.T.R.);
B. has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against U.S.
firms as published by the U.S.T.R; and
C. has not entered into any subcontract for any product to be used on the Federal public works project
that is produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and
the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution
under Title 18, United States Code, Section 1001.
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J-U-B must provide immediate written notice to the CLIENT if J-U-B learns that its certification or that of a
subconsultant was erroneous when submitted or has become erroneous by reason of changed
circumstances. J-U-B shall require subconsultants provide immediate written notice to J-U-B if at any time
it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to a subconsultant:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the U.S.T.R. or
2) whose subconsultants are owned or controlled by one or more citizens or nationals of a foreign
country on such U.S.T.R. list or
3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a consultant is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
J-U-B agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for
certification without modification in in all lower tier subcontracts. J-U-B may rely on the certification of a
prospective subconsultant that it is not a firm from a foreign country included on the list of countries that
discriminate against U.S. firms as published by U.S.T.R, unless J-U-B has knowledge that the certification
is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award.
If it is later determined that J-U-B or subconsultant knowingly rendered an erroneous certification, the
Federal Aviation Administration may direct through the CLIENT cancellation of the contract or subcontract
for default at no cost to the CLIENT or the FAA.
5.13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY,AND
VOLUNTARY EXCLUSION
J-U-B certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
It further agrees by submitting this proposal that it will include this clause without modification in all lower
tier transactions, solicitations, proposals, contracts, and subcontracts. For each lower tier subcontract that
exceeds $25,000 as a "covered transaction", J-U-B shall verify each lower tier participant of a "covered
transaction" under the project is not presently debarred or otherwise disqualified from participation in this
federally assisted project. J-U-B will accomplish this by:
1) Checking the System for Award Management at website: http://www.sam.gov
2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
(Bidder or Offeror), above.
3) Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it
was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any
available remedies, including suspension and debarment of the non-compliant participant.
5.14 OCCUPATIONAL HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of
29 CFR Part 1910 with the same force and effect as if given in full text. J-U-B shall provide a work
environment that is free from recognized hazards that may cause death or serious physical harm to the
employee. J-U-B retains full responsibility to monitor its compliance and their subconsultant's compliance
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with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910).
J-U-B will address any claims or disputes that pertain to a referenced requirement directly with the U.S.
Department of Labor—Occupational Safety and Health Administration.
5.15 FEDERAL FAIR LABOR STANDARDS ACT
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29
CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in
full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
part time workers.
J-U-B has full responsibility to monitor compliance to the referenced statute or regulation. J-U-B will
address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor
—Wage and Hour Division.
5.16 VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), J-U-B and all
sub-tier consultants must give preference to covered veterans as defined within Title 49 United States Code
Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq
war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and
controlled by disabled veterans. This preference only applies when there are covered veterans readily
available and qualified to perform the work to which the employment relates.
5.17 TEXTING WHILE DRIVING.
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving" and DOT Order 3902.10 "Text Messaging While Driving" FAA encourages recipients of Federal
grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including
policies to ban text messaging while driving when performing work related to a grant or sub-grant.
J-U-B has in place a policy within J-U-B Accident Prevention plan that prohibits all employees from texting
and driving. J-U-B shall include these policies in each third party subcontract involved on this project.
5.18 HUMAN TRAFFICKING
A. J-U-B, J-U-B's employees, and subcontractors may not engage in severe forms of trafficking in
persons during the period of time that the FAA award is in effect, procure a commercial sex act
during the period of time that the award is in effect, or use forced labor in the performance of the
award or sub-awards under the award.
B. For the purpose of this award term, "employee" includes:
1. An individual employed by you or a sub-recipient who is engaged in the performance of the
project or program under this award
2. Another person engaged in the performance of the project or program under this award and
not compensated by you, including, but not limited to, a volunteer or individual whose services
are contributed by a third party as an in-kind contribution toward cost sharing or matching
requirements.
C. For the purposes of this award term only, "forced labor" means labor obtained by any of the
following methods: the recruitment, harboring, transportation, provision, or obtaining of a person
for labor or services through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
D. For the purposes of this award term only, "severe forms of trafficking in persons," "commercial sex
act," and "coercion" have the meanings given at Section 103 of the TVPA, as amended (22 U.S.C.
7102).
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5.19 ENERGY CONSERVATION
J-U-B and any subconsultants agree to comply with mandatory standards and policies relating to energy
efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (42 U.S.C. 6201et seq).
5.20 PROHIBITION OF SEGREGATED FACILITIES
(1) J-U-B agrees that it does not and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will not permit its employees to
perform their services at any location under its control where segregated facilities are maintained.
J-U-B agrees that a breach of this clause is a violation of the Equal Opportunity clause in this
contract.
(2) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees, that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, or national origin
because of written or oral policies or employee custom. The term does not include separate or
single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy
between the sexes.
(3) J-U-B shall include this clause in every subcontract and purchase order that is subject to the Equal
Opportunity clause of this contract.
5.21 BREACH OF CONTRACT TERMS(49 CFR Part 18.36)
Any violation or breach of terms of this contract on the part of J-U-B or its subconsultants may result in the
suspension or termination of this contract or such other action that may be necessary to enforce the rights
of the parties of this agreement.
CLIENT will provide J-U-B written notice that describes the nature of the breach and corrective actions
J-U-B must undertake in order to avoid termination of the contract. CLIENT reserves the right to withhold
payments to Contractor until such time J-U-B corrects the breach or the CLIENT elects to terminate the
contract. The CLIENT's notice will identify a specific date by which J-U-B must correct the breach. CLIENT
may proceed with termination of the contract if J-U-B fails to correct the breach by deadline indicated in the
CLIENT's notice.
The duties and obligations imposed by this Agreement and the rights and remedies available thereunder
are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or
available by law.
5.22 CLEAN AIR AND WATER POLLUTION CONTROL
J-U-B agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean
Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
§ 1251-1387). J-U-B agrees to report any violation to the CLIENT immediately upon discovery. The CLIENT
assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation
Administration.
5.23 AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1. J-U-B'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-U-B's aggregate workforce in each trade on all construction work in the covered area, are as
follows:
Timetables
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Goals for minority participation for each trade: [ 9.7% ]
Goals for female participation in each trade: [ 6.9% ]
These goals are applicable to all of J-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. 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 10 working days of award of any construction subcontract in excess of
$10,000 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, and City of Yakima.
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IN WITNESS WHEREOF, the CLIENT and J-U-B hereto have made and executed this AGREEMENT as
of the day and year first above written.
CLIENT:
CITY OF YAKIMA, WASHINGTON ATTEST
BY:
Name: Name:
Title: Title:
J-U-B:
J-U-B ENGINEERS, Inc. ATTEST
By: ao
Name: Toby Epler, P.E. Name: OPE.Aph-1,+tr
Title: Aviation Services Group Manager Title: kcal(%Meal Aga, MiwitibiR
® Certification For Contracts
Grants,Loans,and Cooperative
Agreements
• J-U-B Debarment Lookup
® Attachment 1 —Scope of Services,
Applicable Basis of Fee and Schedule
Attachments
or Exhibit to ® Attachment 1 A—Detailed Scope of
this Work
Agreement
are indicated ® Attachment 1 B—Fee Breakdown
as marked
O Attachment 2—Special Provisions
EJ Exhibit A—Construction Phase
Services
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CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL"Disclosure of Lobby Activities", in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Signed: Date:
Sponsor's Authorized Representative
Title:
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Last updated by Wendy Givens Soloman on Apr 22,202I at II:27AM J-U-B ENGINEERS,INC.
_L I_SAM,GOV®
J-U-B ENGINEERS, INC.
DUNS Unique Entity ID SAM Unique Entity ID CAGE/NCAGE
078408341 WU2TGK7D3J49 OKJYO
Purpose of Registration Registration Status Expiration Date
All Awards Active Apr 22,2022
Physical Address Mailing Address
2760 W Excursion LN STE 400 2760 W Excursion Lane
Meridian,Idaho 83642-5313 Suite 400
United States Meridian,Idaho 83642
United States
Doing Business as Division Name Division Number
J-U-B J-u-b Engineers,Inc. (blank)
Congressional District State/Country of Incorporation URL
Idaho 01 Idaho/United States www.jub.com
Registration Dates
Activation Date Submission Date Initial Registration Date
May 12,2021 Apr 22,2021 Jan 15,2002
Entity Dates
Entity Start Date Fiscal Year End Close Date
Jan 1,1954 Dec 31
Immediate Owner
CAGE Legal Business Name
(blank) (blank)
Highest Level Owner
CAGE Legal Business Name
(blank) (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 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.
.uthorizati
I authorize my entity's non-sensitive information to be displayed in SAM public search results:
Yes
T
Business Types
Entity Structure Entity Type Organization Factors
Corporate Entity(Not Tax Exempt) Business or Organization (blank)
Profit Structure
For Profit Organization
Socio-Economic Types
Check the registrant's Reps&Certs,if present,under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small
business concern.Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the
https://sam.gov/entity/07840834I/coreData?status=Active Pagel oft
Last updated by Wendy Givens Soloman on Apr 22,2021 at 11:27AM J-U-B ENGINEERS,INC.
SBA supplemental pages during registration.
Financial Information I
Accepts Credit Card Payments Debt Subject To Offset
Yes No 21
EFT Indicator CAGE Code
0000 O KJYO
Points of Contact
Electronic Business
2760 W Excursion Lane
Laurel Fritz,Corporate Accountant Suite 400
Meridian,Idaho 83642
United States
Government Business
2760 W Excursion Lane
Timothy J Haener, President/CEO Suite 400
Meridian,Idaho 83642
United States
Clyde J Hurst, Project Manager 400 Memorial Drive
Idaho Falls,Idaho 83402
United States
rvice Classification
NAICS Codes
Primary NAICS Codes NAICS Title
Yes 541330 Engineering Services
221310 Water Supply And Irrigation Systems
221320 Sewage Treatment Facilities
236220 Commercial And Institutional Building Construction
237110 Water And Sewer Line And Related Structures Construction
237210 Land Subdivision
237310 Highway,Street,And Bridge Construction
237990 Other Heavy And Civil Engineering Construction
541320 Landscape Architectural Services
541370 Surveying And Mapping(Except Geophysical)Services
541618 Other Management Consulting Services
541620 Environmental Consulting Services
541820 Public Relations Agencies
562910 Remediation Services
925120 Administration Of Urban Planning And Community And Rural
Development
Disaster Response
Yes,this entity appears in the disaster response registry.
States Counties Metropolitan Statistical Areas
Idaho
Utah
Washington
https://sam.gov/entity/078408341/coreData?status=Active Page 2 of 2
Last updated by Kara Harwood on Dec 10,2020 at 0I:22 PM BUDINGER&ASSOCIATES,INC.
ID SAM*Gov®
BUDINGER & ASSOCIATES, INC.
22
DUNS Unique Entity ID SAM Unique Entity ID CAGE/NCAGE
081491961 E56XMJRCJAK5 1GU98
Purpose of Registration Registration Status Expiration Date
All Awards Active Dec 10,2021
Physical Address Mailing Address
1101 North Fancher RD 1101 North Fancher Road
Spokane Valley,Washington 99212-1275 Spokane Valley,Washington 99212-1275
United States United States
n
Doing Business as Division Name Division Number
(blank) (blank) (blank)
Congressional District State/Country of Incorporation URL
Washington 05 Washington/United States www.budingerinc.com
Registration Dates
Activation Date Submission Date Initial Registration Date
Dec 10,2020 Dec 10,2020 May 21,2001
Entity Dates
Entity Start Date Fiscal Year End Close Date
Jan 1,1976 Dec 31
Immediate Owner
CAGE Legal Business Name
(blank) (blank)
Highest Level Owner
CAGE Legal Business Name
(blank) (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 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 Entity Type Organization Factors
Corporate Entity(Not Tax Exempt) Business or Organization Subchapter S Corporation
Profit Structure
For Profit Organization
Socio-Economic Types
Check the registrant's Reps&Certs,if present,under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small
business concern.Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the
SBA supplemental pages during registration.
https://sam.gov/entity/08I49I96I/coreData?status=Active Pagel oft
Lost updated by Kora Harwood on Dec 10,2020 at 01:22 PM BUDINGER&ASSOCIATES,INC.
1-inancial Information
Accepts Credit Card Payments Debt Subject To Offset
Yes Yes
EFT Indicator CAGE Code 23
0000 1GU98
Mir
Electronic Business
1101 N Fancher RD
Marcy E.Burchett,Bookkeeper Spokane Valley,Washington 99212
United States
Stephen D.Burchett, Principal 1101 North Fancher
Spokane Valley,Washington 99212
United States
Government Business
1101 N Fancher RD
Marcy E. Burchett,Bookkeeper Spokane Valley,Washington 99212
United States
Stephen D.Burchett, Principal 1101 North Fancher
Spokane Valley,Washington 99212
United States
Past Performance
° 1101 North Fancher
Stephen D. Burchett, Principal Spokane Valley,Washington 99212
United States
John E.Finnegan, Principal 1101 North Fancher
Spokane Valley,Washington 99212
United States
Service Classifications
NAICS Codes
Primary NAICS Codes NAICS Title
Yes 541330 Engineering Services
237110 Water And Sewer Line And Related Structures Construction
238190 Other Foundation,Structure,And Building Exterior Contractors
541350 Building Inspection Services
541360 Geophysical Surveying And Mapping Services
541370 Surveying And Mapping(Except Geophysical)Services
541380 Testing Laboratories
562910 Remediation Services
Product and Service Codes
PSC PSC Name
H156 Quality Control-Construction And Building Materials
111111111.
This entity does not appear in the disaster response registry.
https://sam.gov/entity/081 4 91 961/coreData?status Active Page 2 of 2
Last updated by Trista Eck[and on Mar 24,202I at 05:I4 PM ELCON ASSOCIATES,INC.
�QSAM*Gov®
ELCON ASSOCIATES, INC.
74
DUNS Unique Entity ID SAM Unique Entity ID CAGE/NCAGE
029200417 VZLJV9369RW6 ODSY2
Purpose of Registration Registration Status Expiration Date
All Awards Active Mar 24,2022
Physical Address Mailing Address
15220 NW Greenbrier PKWY STE 380 15220 NW Greenbrier PKWY STE.380
Beaverton,Oregon 97006-8163 Beaverton,Oregon 97006
United States United States
Doing Business as Division Name Division Number
(blank) Elcon Associates Inc Elcon Asso
Congressional District State/Country of Incorporation URL
Oregon 01 Oregon/United States (blank)
Registration Dates
Activation Date Submission Date Initial Registration Date
Apr 19,2021 Mar 24,2021 Feb 25,2002
Entity Dates
Entity Start Date Fiscal Year End Close Date
Dec 16,1975 Sep 30
Immediate Owner
CAGE Legal Business Name
(blank) (blank)
Highest Level Owner
CAGE Legal Business Name
(blank) (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 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 Entity Type Organization Factors
Other Business or Organization Subchapter S Corporation
Profit Structure
For Profit Organization
Socio-Economic Types
Minority Owned Business
Asian-Pacific American Owned
Check the registrant's Reps&Certs,if present,under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small
https://sam.gov/entity/0292004I7/coreData?status=Active Pagel oft
Last updated by TrIsta Eckland on Mar 24,2021 at 05:14 PM ELCONASSOCIATES,,INC.
business concern.Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the
SBA supplemental pages during registration.
Financial Informatin
Accepts Credit Card Payments Debt Subject To Offset 25
No No
EFT Indicator CAGE Code
0000 ODSY2
Electronic Business
15220 NW Greenbrier PKWY STE.380
Kinh Pham Beaverton,Oregon 97006
United States
Kinh D Pham,President 12670 NW Barnes Road
Portland,Oregon 97229
United States
Government Business
15220 NW Greenbrier PKWY STE.380
Kinh D Pham, President Beaverton,Oregon 97006
United States
Kinh D Pham,President 12670 NW Barnes Road
Portland,Oregon 97229
United States
Service Classifications
NAICS Codes
Primary NAICS Codes NAICS Title
Yes 541330 Engineering Services
238210 Electrical Contractors And Other Wiring Installation Contractors
541611 Administrative Management And General Management Consulting
Services
Product and Service Codes
PSC PSC Name
C1AA Architect And Engineering-Construction: Office Buildings
C1AZ Architect And Engineering-Construction: Other Administrative Facilities And Service
Buildings
C1 BA Architect And Engineering-Construction:Air Traffic Control Towers
C212 Architect And Engineering-General:Engineering Drafting, Not Cad/Cam
C213 Architect And Engineering-General:Inspection(Non-Construction)
C214 Architect And Engineering-General:Management Engineering
C215 Architect And Engineering-General:Production Engineering
C216 Architect And Engineering-General:Marine Engineering
C222 Architect And Engineering-General: Electrical Systems
Disaster Response
This entity does not appear in the disaster response registry.
https://sacra.gov/entaty/02 92 004 1 7/coreData?status=.Active Page 2 of 2
26
(JI
J•U•8 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: Taxilane Charlie Extension Project, Design and Bidding
AIRPORT NAME: Yakima Air Terminal — McAllister Field
CLIENT: City of Yakima, WA
A.I.P. NUMBER: 3-53-0089-052-2022
J-U-B PROJECT NUMBER: 45-21-021
ATTACHMENT TO:
0 AGREEMENT DATED: ; or
The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B)
and the CLIENT is amended and supplemented to include the following provisions regarding the Scope of
Services, Basis of Fee, and/or Schedule:
PART 1 -PROJECT UNDERSTANDING
FAA AIP 3-53-0089-052-2022 includes the Project Formulation, Design, Bidding, and Project Closeout
Engineering Services for the following work:
• Design and bidding phase services for construction of Taxilane(s) for GA aircraft and hangar
development, safety area grading, security fencing improvements, etc.
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-U-B for the identified Services in PART 1 as follows:
1. Project Formulation, Preliminary Design, Final Design Phase, Bidding, and Project
Closeout. The CLIENT shall compensate J-U-B on the basis of a lump sum amount of One
Hundred Seventy Six Thousand Seven Hundred Twenty Dollars and No Cents ($176,720.00). See
Attachment 1 B for a detailed cost breakdown.
PART 3 -SCHEDULE OF SERVICES
J-U-B will perform all services according to the following schedule:
Begin design February 2022
Bidding April 2022, closeout to follow.
Construction Phase summer of 2022/23 as funding becomes available.
This Agreement shall be in effect from January 18, 2022 to December 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.
Agreement For Professional Services—FAA Format
Attachment 1 —FAA Scope of Services, Schedule,and Basis of Fee(Rev. 051220) Page 1-1
27
NOTE on Coronavirus and Schedule: J-U-B is committed to meeting your project schedule
commitments as delineated above. As our response to the CO VID-19 pandemic, J-U-B is engaging in
safety procedures to help protect our clients, staff, their families, and the public. Our staff or offices may
be subject to quarantine or other interruptions. Since CO VID-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 CO VID-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 1 B Fee Breakdown
For internal J-U-B use only:
PROJECT LOCATION (STATE): Washington
TYPE OF WORK: City
R&D: Yes
GROUP: Airport
PROJECT DESCRIPTION(S):
A. Airport (A05)
Agreement For Professional Services—FAA Format
Attachment 1 —FAA Scope of Services, Schedule, and Basis of Fee(Rev. 051220) Page 1-2
28
(JI
J•U•8 ENGINEERS,INC.
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 1A—Detailed Scope of Work
PROJECT NAME: Taxilane Charlie Extension Project, Design and Bidding
AIRPORT NAME: Yakima Air Terminal — McAllister Field
CLIENT: City of Yakima, WA
A.I.P. NUMBER: 3-53-0089-052-2022
J-U-B PROJECT NUMBER: 45-21-021
ATTACHMENT TO:
►� AGREEMENT DATED: ;
The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B)
and the CLIENT is amended and supplemented to include the following provisions regarding the Scope of
Services, Basis of Fee, and/or Schedule:
PART 1 -PROJECT UNDERSTANDING
FAA AIP 3-53-0089-052-2022 includes the Project Formulation, Design, and Bidding Phase Services for the
following Items:
• Construct Taxilane(s) for GA Aircraft and Hangar Development adjacent to Taxiway Charlie.
• Grade the Taxi lane Safety and Object Free Areas to meet FAA Standards.
• Install new Primary Security Fencing, add/relocate Primary access gate(s) and realign existing
Primary Security chain link security fence in order to meet Transportation Security Administration
(TSA) regulations 49 CFR 1542.203 Security of the Air Operations Area (AOA).
• Demolish existing hangar(s) or physically move the existing hangar(s) up to the demolition costs of
the facility.
• Install utility sleeves as needed to avoid future pavement cuts to the paved Taxilane.
• Improve drainage in the vicinity of the Taxilane. Work includes grading and installation of catch
basins and pipes to collect stormwater.
PART 2 -SCOPE OF SERVICES BY J-U-B
J-U-B's Services under this Agreement are limited to the following tasks. Any other items necessary to plan
and implement the project, including but not limited to those specifically listed in PART 3, are the
responsibility of CLIENT.
A. Task 001: Project Formulation Phase
1. Conduct a Pre-design meeting with the CLIENT and FAA via conference call/Teams. The meeting
will be held to determine the issues that will need to be addressed during the design of the project.
The most current FAA Predesign Conference Checklist will be the guide for project discussions.
Minutes of the Pre-design meeting will be compiled and forwarded to the FAA and CLIENT.
2. Assist the CLIENT with Project Scope development and formulation. J-U-B will prepare a Scope
of Services narrative and detailed description of all work tasks for CLIENT and FAA review and
approval. Discuss review comments and revise accordingly.
J-U-B Agreement for Professional Services
Attachment 1 A—Detailed Scope of Work Page 1
29
3. Upon FAA and CLIENT approval of the Scope of Services, J-U-B will prepare a listing of work tasks
in a spreadsheet with "empty cells" for person-hours, hourly rates, expenses, and costs for this
project. This spreadsheet will be used for both J-U-B and the Independent Fee estimate. J-U-B
shall prepare a detailed cost proposal on the spreadsheet, based on estimates of work to
accomplish the Scope of Services.
4. Prepare an Agreement for Professional Services for submittal and review by the CLIENT and FAA,
including the FAA Professional Service Agreement Checklist. The Agreement shall be
comprehensive in description of services and responsibilities of all contract parties.
5. Assist CLIENT with preparation and submittal of a draft FAA Grant Application for Federal
Assistance for the project, including estimated project costs.
6. Assist CLIENT in the submittal of FAA Sponsor Certifications. These include the "Selection of
Consultants", "Project Plans and Specifications", "Drug Free Workplace", "Equipment/Construction
Contracts", "Disclosure Regarding Potential Conflicts"and"Construction Project Final Acceptance".
7. Provide the following services related to Federal Disadvantaged Business Enterprise (DBE) and
Airport Concession Disadvantaged Business Enterprise (ACDBE) requirements.
a, Analyze opportunities for DBE participation during construction.
b. Update sponsor's ACDBE Program Plan and submit to FAA Civil Rights for review and approval
as needed.
c. Submit two (2) Fiscal Year End DBE and ACDBE annual reports.
8. Prepare and submit six (6) FAA Quarterly Performance Reports and two (2) Fiscal Year End
Financial FAA 271 and 425 forms throughout the project.
9. Attend eight (8) meetings with the Airport Director and Staff during the project in order to keep
airport personnel and management abreast of the progress of the project. Discussions will include
project design status, project phasing, budget and schedule updates.
10. Assist CLIENT in preparation and processing of monthly Request for Reimbursement (RFR) by
submitting data as described. It is anticipated that the CLIENT will prepare and process eight (8)
monthly sets of RFR `packages' for this project. J-U-B will provide documentation of costs for the
CLIENT's use in performing the Request for Reimbursements including consultant invoices and
reimbursement spreadsheet.
B. Task 002: Preliminary Design Phase
1. Investigate the proposed job site at the Airport. Allow civil design personnel to become familiar
with the proposed job site. Take photographs, perform a visual survey of the pavement areas,
open field, hangar areas, and fence lines and otherwise document findings of visit.
2. Provide or obtain field surveys, which include detailed topographic and cross section information
of improvement areas for design purposes. Coordinate with surveyors to verify that design survey
is performed as required. This will include one (1) on-site meeting with surveyors to review project
location and safety. The topographic survey is expected to take 2 days in the field. The general
scope of the survey work will include the following:
The primary area to be surveyed is the Taxilane Development area just west of Taxiway Charlie
and north of Airport Lane Road. The survey area shall include approximately 15 acres of the project
area. The existing pavement and shoulder surfaces within this area shall be section surveyed on
50-ft stations. The infield and grass surfaces within this area shall be surveyed on a 100-ft by 100-
ft grid. Topographical features within all of these areas shall be surveyed including but not limited
to grade breaks, existing pavement markings, hangar/building corners, concrete slabs, fence(s),
gate(s), drainage structures (invert elevations, pipes sizes, & rim elevations), utility markers, edge
of pavements, and lighting and electrical components. The total of all areas are approximately 15
acres.
J-U-B Agreement for Professional Services
Attachment 1 A—Detailed Scope of Work Page 2
30
Existing control monuments shall be used for the survey control and will need to be tied together
to check for accuracy. The survey will have to be coordinated with the Airport Director for airport
access and optimum time to minimize disruption to air traffic. The airfield pavements and runways
will be open to aircraft, surveyors will have to monitor the local frequency and move out of safety
areas for aircraft. The survey shall be conducted in accordance to FAA AC 150/5370-2G safety
guidelines. Vertical datum should be in accordance to NAVD 88, and horizontal datum should be
in accordance to NAD 83. Vertical tolerances shall be +0.02-feet for paved surfaces and +0.05-
feet for unpaved surfaces. Horizontal tolerances shall be+0.03-feet.
The collected data shall be provided electronically to the Engineer with the following information:
point number, description, northing, easting, and elevation along with paper copies of any pertinent
field notes. No map or drawing will be required.
3. Administer design geotechnical engineer subconsultant contract and coordinate delivery of work
product. Provide quality control review of work products. This will include one (1) on-site meeting
with geotechnical engineer subconsultant to review project location and safety. The general scope
of the geotechnical work will be the following:
Administer eleven (11)cores/bore logs in the vicinity of the proposed Taxilane alignment to a depth
of 10-feet or refusal.
The geotechnical engineer shall immediately patch/fill all pavement core holes with an approved
asphalt cold mix or similar product. Data shall be collected on the soil type, existing asphalt
condition, and depths and categorized according to the Unified Soil Classification System (USCS)
including Moisture Content, Atterberg Limits, Grain Size Distribution. A sieve analysis shall be
performed on both the base course and subbase for each core/bore location. The sieve analysis
for base course should include the following classifications: percentage by weight passing sieves
of 1-inch, 3/-inch, No. 4, No. 40, No. 200, and 0.02 mm. The sieve analysis for subbase course
should include the following classifications: percentage by weight passing sieves of 3-inch, No. 10,
No. 40, No. 200, and 0.02 mm. Ground water depth shall be recorded if encountered. Three (3)
California Bearing Ratio (CBR) tests shall be performed on bore log samples (with each test
completed at a different location)at a depth of 24-inches which is the anticipated depth of subgrade.
The geotechnical engineer shall coordinate with the Engineer to determine exact core/bore log
locations. The geotechnical work shall be conducted in accordance to FAA AC 150/5370-2G safety
guidelines. The geotechnical engineer shall be responsible for a utility locate prior to work. The
geotechnical firm will need to coordinate with the Airport Manager and the Engineer personnel for
access to the site.
The geotechnical firm shall submit three (3) copies of the final geotechnical report including all
required information as mentioned above to the Engineer within three (3)weeks upon finishing field
work. The geotechnical firm shall submit a draft copy for review prior to finalizing the report and its
findings.
This line item shall include the coordination and contracting with geotechnical engineer
subconsultant. The geotechnical engineer subconsultant fees shall be addressed in the Expenses-
Subconsultant Section.
4. Analyze the geotechnical testing data to determine the most cost effective form of construction.
Analyze the performance and stability of existing asphalt sections as needed. Construction
methods may include full depth construction, pavement removal and replacement, or isolated
pavement overlay depending on test results. Conduct a meeting with the CLIENT and FAA via
conference call to present findings of the Geotechnical Testing and analysis of existing pavement.
Determine rehabilitation/construction method best suited for the pavement surfaces.
5. Coordinate with an electrical engineer subconsultant for site lighting design. This line item shall
include the coordination and contracting with an electrical engineer subconsultant. The electrical
engineer subconsultant fees shall be addressed in the Expenses-Subconsultant Section. Electrical
engineer subconsultant will verify the loading requirements for any proposed site lighting or lighted
signage modifications. Any significant alterations of the electrical vault equipment or modification
J-U-B Agreement for Professional Services
Attachment 1 A—Detailed Scope of Work Page 3
31
to the building itself based on these load changes and not anticipated and will be considered an
additional service.
6. Prepare and submit a revised Airfield Sign and Marking Plan to the FAA Airports District Office.
Prior to submittal meet with the CLIENT at the Airport to discuss proposed signing locations and
messages.
7. Define critical aircraft for the pavement design of the project and develop pavement design section.
Pavement design criteria shall be in accordance with the FAA Advisory Circular (AC) 150/5320-
6G. This will include calculating and reporting the Airport Pavement Strength- PCR.
8. Perform analysis of existing geometric layout of Taxiway/Taxilane fillets and radii to determine
compliance with current FAA AC requirements. Present findings to CLIENT and FAA for review
and comments.
9_ Review existing storm water drainage within the project boundary. Evaluate existing drainage
patterns and systems. J-U-B shall conduct a required analysis for the design of drainage
improvements associated with the project in accordance with the FAA AC 150/5320-5D, Surface
Drainage Design. Any necessary drainage improvements will be sized to accommodate local
drainage standards.
10. Address subsurface drainage requirements for the Taxilane and determine appropriate methods
for compliance with the FAA Northwest Mountain Region policy on subsurface pavement drainage
and edge underdrains. Location of underdrain outlets may be a significant portion of this study.
11. Perform analysis of existing Taxiway/Taxilane Shoulders, Safety Area and Object Free Area
grading to determine compliance with current FAA AC 150/5300-13A requirements.
12. Assemble base data and base maps for the project work area from the design survey.
13_ Prepare Design Plans (75% complete) for review and discussion with the CLIENT and FAA. It is
anticipated that the project design will require approximately twenty (20) plan sheets including:
Sheet 1 —Cover
Sheet 2—Construction Layout Plan
Sheet 3—Operation&Safety Plan- Phase 1
Sheet 4—Operation&Safety Plan- Phase 2
Sheet 5—Demolition/Modification Plan 7+50 to 27+50
Sheet 6—Demolition/Modification Plan 27+50 to 47+50
Sheet 7—Grading & Drainage Plan 7+50 to 17+50
Sheet 8—Grading & Drainage Plan 17+50 to 27+50
Sheet 9—Grading & Drainage Plan 27+50 to 37+50
Sheet 10—Plan & Profile Taxilane 7+50 to 17+50
Sheet 11 —Plan & Profile Taxilane 17+50 to 27+50
Sheet 12—Plan & Profile Taxilane 27+50 to 37+50
Sheet 13—Plan & Profile Taxilane 37+50 to 47+50
Sheet 14—Pavement Marking Plan 7+50 to 27+50
Sheet 15—Pavement Marking Plan 27+50 to 47+50
Sheet 16—Pavement Marking Details
Sheet 17—Typical Sections
Sheet 18 -Typical Sections
Sheet 19—Civil Details
Sheet 20 -Civil Details
14. Prepare draft Construction Contract Documents and Technical Specifications based on latest
version of FAA AC 150/5370-10 "Standards for Specifying Construction on Airports".
15. Prepare an Engineer's Opinion of Probable Construction Cost based on construction cost
estimates, phasing into workable portions for constructability, budget, and construction schedule
and advise the CLIENT as to budget status.
J-U-B Agreement for Professional Services
Attachment 1 A—Detailed Scope of Work Page 4
32
16_ Prepare a final draft Construction Safety and Phasing Plan according to AC 150/5370-2G for
evaluation by the CLIENT, Airport, FBO, airport users and agencies. An electronic copy will be
submitted to the FAA Airport District Office for coordination, review, and preliminary approval. Once
we have concurrence with the FAA PM the document will be uploaded to the OEAAA website and
circulated accordingly.
17. Prepare the preliminary Engineer's Design Report in conformance with FAA guidelines. The report
shall include a Summary of the Project and its specific design issues, Project Schedule, reference
to the Construction Safety and Phasing Plan, Modification of Standards, Design Analysis,
Pavement Analysis, Geotechnical Investigation Report, and Construction Cost Estimate and
Schedule.
18. Conduct in-house quality control/quality assurance review of preliminary design documents.
19. Participate in a preliminary design review meeting with the CLIENT. Anticipate one (2) review
meeting with the CLIENT at the Airport, attendance by the Project Manager and Airport Engineer.
Review design philosophy, preliminary design drawings, design analysis and project schedules
with the CLIENT.
20. Prepare and submit four (4) FAA Form 7460 to airspace the project construction equipment.
21. Submit preliminary documents to FAA(via electronic pdf) and CLIENT (2 copies) for approval.
C. Task 003: Final Design Phase
1. Finalize bidding contract documents and technical specifications based on Peer, CLIENT, and FAA
Reviews.
2. Finalize design plans, details, and sections based on Peer, CLIENT, and FAA Reviews.
3. Prepare Final Construction Safety and Phasing Plan (CSPP) to accommodate varying work
components that need to meet prescribed schedules and address comments from FAA airspace
review.
4. Complete final quantity calculations and prepare Engineer's Opinion of Probable Construction
Cost.
5. Prepare Final Design Report based on Peer, CLIENT, and FAA Reviews.
6. Submit final documents to FAA (via electronic pdf) and CLIENT (2 copies) for approval.
D. Task 004: Bidding Phase
1. Administer the public bid advertisement process including bid document reproduction and
distribution of documents to plan rooms, contractors and suppliers. Submit advertisements to
appropriate newspaper(s) and trade magazines as required for publication. Maintain a "bidders
list"and distribute plans as requested. Fees for Plan&Specification Reproduction shall be reflected
in the "Printing" line below.
2. Provide Pre-Bid Conference coordination to familiarize bidders and interested parties with the
construction project scope and requirements. Prepare a detailed agenda and displays as needed,
prepare and issue conference minutes. It is anticipated that J-U-B will conduct this meeting at the
Airport.
3. Prepare Bid Addendums. Addenda are normally required in response to Contractor questions
and/or design changes initiated by the CLIENT and/or the FAA. Engineering estimate includes
costs for the preparation of two (2) Addendums.
4. Respond to questions that arise during the Contractor's or supplier's bid preparation process.
5. Assist the CLIENT in conducting the project Bid Opening as required, including preparation of a
Project Bid Summary. It is anticipated that J-U-B will coordinate and attend this meeting at the City
of Yakima City Hall.
J-U-B Agreement for Professional Services
Attachment 1 A—Detailed Scope of Work Page 5
33
6_ Prepare detailed Bid Tabulations documenting bid results and submit to CLIENT and the FAA.
7. Assist the CLIENT with review and analysis of bids received. J-U-B will determine an opinion on
"responsiveness"of bid submittal. Provide letter of recommendation of award along with price/cost
analysis in accordance with FAA Order 5100.38D-Appendix U to CLIENT. Advise the CLIENT of
possible action in cases where bids exceed budget for the work to be performed by the Contractor.
E. Task 005: Project Closeout
1. Prepare the final design report and closeout documents according to FAA requirements and submit
to CLIENT and FAA.
2. Report Disadvantaged Business Enterprise (DBE) project participation to FAA Civil Rights Connect
including all calculations and background information for review and approval.
3. Assist and coordinate with independent auditors in locating appropriate documents for performing
A-133 annual audit. In addition to finding appropriate project files, answer questions as required.
PART 3 -ASSUMPTIONS AND EXCEPTIONS
• No SMS plan is required on this project during the design or other portions of the project.
• No initial AGIS survey is required for this project.
• Environmental Review is being completed through a separate project specific task order; a
documented Categorical Exclusion is anticipated for this project.
• No construction phase services at this time.
• No DBE plan updates are included.
• No DBE and ACDBE goal updates will be included as these plans are both currently up to date via
the FAA Civil Rights website.
J-U-B Agreement for Professional Services
Attachment 1 A—Detailed Scope of Work Page 6
ATTACHMENT 1B- Fee Breakdown
PROJECT TITLE: FY 2022 Yakima Air Terminal-McAllister Field Taxilane Charlie Extension Project AIP 3-53-0089-52-2022
CLIENT: City of Yakima,Washington
JOB NUMBER: 45-21-010
DATE: August 17 2021 U'T-B Engineers,Inc.Fee Estimate(Design Phase)
Profess. 2-Person
Senior Project Design Structural CAD Environ. Land Survey TASK
TASK Principal Engineer Manager Engineer Engineer Designer Specialist Surveyor Crew Admin. Trips TOTAL DIRECT
No PROJECT TASK $72.00 $69.00 $65.00 $36.00 $50.00 $41.00 $51.00 $57.00 $70.00 $23.00 HRS COSTS
001.Project Formulation Phase
i Conduct Pre-Design Meeting 0 0 2 2 0 0 0 0 0 0 4 $202.00
2 Project Scope Development&Formulation 4 2 6 0 0 0 0 0 0 2 14 $862.00
3 Prepare Cost Proposal 2 1 6 4 0 0 0 0 0 2 15 $793.00
4 Prepare Professional Service Agreement 2 0 2 0 0 0 0 0 0 2 6 $320.00
5 Prepare FAA Grant Application 0 0 1 4 0 0 0 0 0 1 6 $232.00
6 Prepare FAA Sponsor Certifications 0 0 1 1 0 0 0 0 0 1 3 $124.00
7 Provide Federal DBE Requirements 0 0 1 20 0 0 0 0 0 2 23 $831.00
a Prepare FAA Quarterly Reports 0 0 2 6 0 0 0 0 0 4 12 $438.00
9 Attend Meetings(8) 0 8 80 40 0 0 0 0 0 0 8 128 $7,192.00
io Prepare Request for Reimbursements(8) 0 0 8 0 0 0 0 0 0 8 16 $704.00
002.Preliminary Design Phase
i Perform Site Walk Through 0 0 8 8 0 0 0 0 0 0 1 16 $808.00
2 Topographic Field Survey 0 0 2 8 0 0 0 8 27 0 3 45 $2,764.00
3 Coordinate with Geotechnical Sub 0 0 2 8 0 0 0 0 0 0 1 10 $418.00
4 Analyze geotechnical data 0 1 2 8 0 0 0 0 0 0 11 $487.00
5 Coordinate with Electrical Sub 0 1 1 8 0 0 0 0 0 0 10 $422.00
6 Prepare and Submit revised Airfield Sign&
Marking Plan 0 0 1 1 0 2 0 0 0 0 4 $183.00
7 Define Critical Aircraft/Pavement Design/PCR 0 1 3 12 0 0 0 0 0 0 16 $696.00
Perform Analysis of Geometric Layout for
s Taxiway/Ta.xilane 0 1 4 16 0 8 0 0 0 0 29 $1,233.00
9 Review Existing Storm Water Drainage/Calcs 0 0 1 4 0 2 2 0 0 0 9 $393.00
10 Address Subsurface Drainage Requirements 0 0 1 1 0 2 0 0 0 0 4 $183.00
n Perform Analysis of Grading 0 1 1 10 0 4 0 0 0 0 16 $658.00
12 Prepare Base Data and Base Maps 0 0 1 8 0 32 0 6 0 0 0 47 $2,007.00
13 Prepare Preliminary Design Plans(75%,20 sheets) 0 2 8 35 6 90 0 0 0 0 0 141 $5,908.00
14 Prepare Preliminary Contract Docs&Specs 0 4 8 24 5 0 0 0 0 12 48 $2,186.00
15 Prepare Engineer's Opinion of Probable
Construction Cost(OPC) 0 1 1 4 0 2 0 0 0 1 9 $383.00
16 Prepare Preliminary CSPP 0 0 4 10 0 4 0 0 0 1 19 $807.00
17 Prepare Preliminary Design Report 0 0 4 10 0 2 0 0 0 4 20 $794.00
is In-house QA/QC 0 6 4 0 0 0 0 0 0 0 10 $674.00
19 Preliminary Design Review 0 2 14 8 1 0 0 0 0 0 2 24 $1,386.00
20 Prepare 7460 0 0 1 2 0 2 0 0 0 0 5 $219.00
21 Submit Preliminary Documents 0 0 2 0 0 0 0 0 0 2 4 $176.00
003.Final Desig 'Phase
I Finalize Contract Docs&Specs 0 2 4 6 4 6 0 0 0 1 19 $1,083.00
2 Finalize Construction Plans 0 2 4 18 2 24 0 0 0 1 49 $2,153.00
Attachment 1B_Fee Breakdown_Sept 1 2021 Page 1B-1
ATTACHMENT 1B- Fee Breakdown
PROJECT TITLE: FY 2022 Yakima Air Terminal-McAllister Field Taxilane Charlie Extension Project AIP 3-53-0089-52-2022
CLIENT: City of Yakima,Washington
JOB NUMBER: 45-21-010
DATE: August 17 2021 'Ci-'B Engineers,Inc.Fee f i i : :i
Profess. 2-Person
Senior Project Design Structural CAD Environ. Land Survey TASK
TASK Principal Engineer Manager Engineer Engineer Designer Specialist Surveyor Crew Admin. Trips TOTAL DIRECT
r60 PROJECT TASK $72.00 $69.00 $65.00 $36.00 $50.00 $41.00 $51.00 $57.00 $70.00 $23.00 HRS COSTS
3 Finalize CSPP 0 1 1 2 0 1 0 0 0 1 6 $270.00
a Complete Final Quantity Calculations&OPC 0 1 1 2 0 0 0 0 0 0 4 $206.00
5 Prepare Final Design Report 0 0 2 6 0 2 0 0 0 2 12 $474.00
6 Submit Final Documents to FAA&Owner 0 0 1 1 0 0 0 0 0 2 4 $147.00
004.Bidding Phase
I Administer Bidding Process 0 0 4 2 0 0 0 0 0 6 12 $470.00
®Provide Pre-Bid Conference 0 0 8 8 0 0 0 0 0 1 1 17 $831.00
®Prepare Bid Addendum(2) 0 0 2 4 0 0 0 0 0 2 8 $320.00
4 Respond to Bidders Questions 0 0 4 14 2 0 0 0 0 2 20 $910.00
5 Bid Opening Assistance 0 0 8 0 0 0 0 0 0 1 1 9 $543.00
6 Prepare Bid Tabulations 0 0 2 2 0 0 0 0 0 4 8 $294.00
7 Review&Analysis of Bids 0 1 2 4 0 0 0 0 0 2 9 $389.00
005.Project Closeout
i Prepare Final Report 0 0 4 10 0 0 0 0 0 8 22 $804.00
2 Report DBE Project Participation 0 0 0 12 0 0 0 0 0 0 12 $432.00
3 Assist with Independent Audit 0 0 0 4 0 0 0 0 0 12 16 $420.00
Sub-Total Design 8 38 229 357 20 183 2 14 27 87 17 951 $44,229.00
Attachment 1B_Fee Breakdown_Sept 1 2021 Page 1B-2
ATTACHMENT 1B- Fee Breakdown
PROJECT TITLE: FY 2022 Yakima Air Terminal-McAllister Field Taxilane Charlie Extension Project AIP 3-53-0089-52-2022
CLIENT: City of Yakima,Washington
JOB NUMBER: 45-21-010
DATE: August 17 2021 r'Ci-'B Engineers,Inc.Fee E i i : :i
Profess. 2-Person
Senior Project Design Structural CAD Environ. Land Survey TASK
TASK Principal Engineer Manager Engineer Engineer Designer Specialist Surveyor Crew Admin. Trips TOTAL DIRECT
No PROJECT TASK $72.00 $69.00 $65.00 $36.00 $50.00 $41.00 $51.00 $57.00 $70.00 $23.00 HRS COSTS
,LABOR:
(Labor 8 38 229 357 20 183 2 14 27 87 17 951 $44,229.00
Direct Overhead 166.43% $73,610.32
Fixed Fee 15.0% $17,675.90
Total Labor+Overhead+Fixed Fee I $135,515.22
Cost Air Ground Trip
EXPENSES: Per Unit Trips Trips Days Hours Miles Markup
Air Travel $600.00 0 1.0 $0.00
Mileage $0.560 17 414 1.0 $3,941.28
Per Diem $55.00 0 1.0 $0.00
Lodging $150.00 0 1.0 $0.00
GPS Survey Unit $31.33 10 1.0 $313.30
Printing $500.00 1.0 $500.00
SUBC ONSET.T ANT S:
1 Geotechnical Subconsultant $23,949 1.0 $23,949.00
2 Electrical Subconsultant $12,500 1.0 $12,500.00
3 $0 1.0 $0.00
Subtotal-Labor+Overhead+Fixed Fee $135,515.22
Subtotal-Expenses $4,754.58
Subtotal-Subconsultants $36,449.00
Total-Project Design Fees $176,720.00
Attachment 1B_Fee Breakdown_Sept 1 2021 Page 1B-3
37
(J'U B
J•U•B ENGINEERS, INC.
J-U-B ENGINEERS, Inc.
FAA AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 2 —Special Provisions
Client Name: City of Yakima, Yakima Air Project: Taxilane Charlie Extension (Design and
Terminal, McAllister Field Bidding)
A.I.P. # 3-53-0089-052-2022
The TERMS AND CONDITIONS of the FAA Agreement for Professional Services dated are
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 Taxilane Charlie Extension (Design and Bidding) FAA
Agreement for Professional Services, the Special Provisions shall prevail:
For the purposes of this attachment, 'Agreement for Professional Services'and 'the Agreement' shall refer to
the document entitled 'FAA Agreement for Professional Services,' executed between J-U-B and CLIENT to
which this exhibit and any other exhibits have been attached.
FAA AGREEMENT
3.04 ADDITIONAL CONDITIONS OF COMPENSATION
Delete Section 3.04A in its entirety and replace with the following:
3.04 ADDITIONAL CONDITIONS OF COMPENSATION
The CLIENT and J-U-B further agree that:
A. J-U-B shall submit monthly statements for Services rendered and for expenses incurred,
which statements are due on presentation. The City will make its best effort to pay invoices
in full within thirty (30) days after receipt and then allow amounts due to accrue interest at
the rate of 1% from sixty (60) days after the invoice date.
4.05 INSURANCE AND INDEMNITY
Delete Section 4.05 in its entirety and replace with the following:
4.05 INSURANCE AND INDEMNITY
A. Insurance.
1. During performance of the Services, J-U-B shall secure and maintain in effect insurance to protect
the CLIENT and J-U-B from and against all claims, damages, losses, and expenses arising out of
or resulting from the performance of this Contract. J-U-B shall provide and maintain in force
insurance in limits no less than that stated below, as applicable. The CLIENT reserves the right to
require higher limits should it deem it necessary in the best interest of the public.
2. Commercial General Liability Insurance. Before this Contract is fully executed by the parties,
J-U-B shall provide the CLIENT with a certificate of insurance as proof of commercial liability
J-U-B FAA Agreement for Professional Services
YAKIMA Attachment 2—Special Provisions-FAA(REV 4/2/19) Page 2-1
38
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J•U•B ENGINEERS, INC.
insurance and commercial umbrella liability insurance with a total minimum liability limit of Two
Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate (per project). The policy shall
include employers liability (Washington Stop Gap). The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions provided
are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name
the CLIENT, its elected officials,officers,agents, employees,and volunteers as additional insureds.
The insurance shall be with an insurance company or companies rated A-VII or higher in Best's
Guide and admitted in the State of Washington.
3. Commercial Automobile Liability Insurance.
a. If J-U-B owns any vehicles, before this Contract is fully executed by the parties, J-U-B shall
provide the CLIENT with a certificate of insurance as proof of commercial automobile liability
insurance and commercial umbrella liability insurance with a total minimum liability limit of Two
Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage. Automobile liability will apply to "Any Auto" and be shown on the certificate.
b. If J-U-B does not own any vehicles, only "Non-owned and Hired Automobile Liability" will be
required and may added to the commercial liability coverage at the same limits as required in
that section of this Contract, which is Section 2 entitled "Commercial Liability Insurance".
c. Under either situation described above in Section 3.a and Section 3.b, the required certificate of
insurance shall clearly state who the provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy shall name the CLIENT, its elected officials, officers,
agents, employees, and volunteers as additional insureds. The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State
of Washington.
4. Professional Liability Coverage. Before this Contract is fully executed by the parties, J-U-B shall
provide the City with a certificate of insurance as proof of professional liability coverage with a total
minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily
injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate
shall clearly state who the provider is,the coverage amount,the policy number,and when the policy
and provisions provided are in effect. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the
coverage will continue in force for an additional two years after the completion of this contract.
B. Indemnification by J-U-B. To the fullest extent permitted by law, J-U-B shall indemnify, defend, and hold
harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees from
and against any and all claims, costs, losses, and damages (including but not limited to all fees and
charges of CLIENT, architects, attorneys, and other professionals, and all court, arbitration, or other
dispute resolution costs)arising out of or relating to the PROJECT, provided that any such claim cost, loss,
or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the Work itself), including the loss of use resulting there from, but only to
the extent caused by any negligent act, error, omission of, or willful misconduct of J-U-B or J-U-B's
officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding
sentence is subject to and limited by the provisions agreed to by CLIENT and J-U-B in Subsection 4.O5D,
"Allocation of Risks," if any. J-U-B's costs associated with the defense requirement shall be proportional
to J-U-B's negligence as determined by the trier of fact.
C. Indemnification by CLIENT. To the fullest extent permitted by law, CLIENT shall indemnify, defend, and
hold harmless,J-U-B,J-U-B's officers,directors, partners,agents,employees,and Consultants from and
against any and all claims costs, losses,and damages(including but not limited to all fees and charges of
J-U-B,architects,attorneys, and other professionals, and all court, arbitration, or other dispute resolution
costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is
attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property
J-U-B FAA Agreement for Professional Services
YAKIMA Attachment 2—Special Provisions-FAA(REV 4/2/19) Page 2-2
39
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J•U•B ENGINEERS, INC.
(other than the Work itself), including the loss of use resulting there from, but only to the extent caused
by any negligent act, error, omission of, or willful misconduct of CLIENT or CLIENT's officers, directors,
or employees, retained by or under contract to the CLIENT with respect to this AGREEMENT or to the
PROJECT. CLIENT's costs associated with the defense requirement shall be proportional to CLIENT's
negligence as determined by the trier of fact.
D. Allocation of Risks. The CLIENT and J-U-B have discussed the risks, rewards and benefits of the project
and the design professional's total fee for services. The risks have been allocated such that the CLIENT
agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT for any and all
injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any
cause or causes, shall not exceed the total amount of Two Million Dollars ($2,000,000). Such causes
include, but are not limited to J-U-B's negligence, errors,omission, or willful misconduct and strict liability.
E. J-U-B reserves the right to obtain the services of other consulting engineers and consultants experienced
in airport work to prepare and execute a portion of the work that relates to the PROJECT.
F. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in
favor of a third party against J-U-B
J-U-B FAA Agreement for Professional Services
YAKIMA Attachment 2—Special Provisions-FAA(REV 4/2/19) Page 2-3