HomeMy WebLinkAbout08/16/2016 06I Yakima Airport Taxiway Alpha Rehabilitation Project Amendment with HLA Engineering (Contract 2014-120) W in 01 00
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.1.
For Meeting of: August 16, 2016
ITEM TITLE: Resolution authorizing an amendment to the Professional Services
Agreement (Contract No. 2014 -120) with HLA Engineering and
Land Surveying Inc., not to exceed $258,123, for construction
oversight with the Yakima Air Terminal's Taxiway Alpha
Rehabilitation Project
SUBMITTED BY: Robert K. Peterson, Airport Manager, 509 - 575 -6149
SUMMARY EXPLANATION:
The Yakima City Council considers the Taxiway Alpha Rehabilitation project as an economic
development priority. This project rehabilitates the airport's primary taxiway (Taxiway A) and
associated connectors; it installs new energy efficient LED taxiway edge lights, airfield guidance
signs, and updates the airfield surface markings from the western portion of the airport to the air
terminal. In June of 2014, the City authorized a contract with HLA Engineering and Land
Surveying Inc. (R- 2014 -120) to provide professional services for construction administration, full -
time construction observation, and full time inspection of work to be performed. The amount of
the contract for professional services was $542,647. In July of 2016, the professional services
agreement was supplemented to provide an additional $258,123.
This proposed supplement to the professional services agreement provides the necessary
construction administration services, full -time construction observation, and full time inspections
of work to be performed. Changes to the contract documents were required after the original
contract was executed, in order to complete work in the Runway Safety Area between commercial
flights, while providing sufficient time for the contractor to perform the tasks. This caused us to
make changes to the contract from 10 -hour work days to 24 hours, 7 days per week (110
calendar days).
Additionally, the original contract executed June 17, 2014 expected construction to be completed
within the 2014 calendar year. Construction administration services did not start until after the bid
opening which occurred in January 2016 to address the safety requirements while working within
the Runway Safety Area. HLA staff anticipated to complete the improvements changed to include
wage modifications and a reduction to HLA's audited overhead rate when compared to the
original executed contract. Furthermore, HLA's subconsultants identified to provide construction
observation for the electrical improvements and to provide quality assurance materials testing
have submitted additional direct costs for compensation due to the increased schedule and work
to be performed during nighttime operations.
Finally, unforeseen conditions were encountered early during Phase 1 of the project regarding
excess moisture in the underlying sub soils. The presence of excess moisture caused a change
to the contract documents in order to stabilize the subgrade. This change to the contract
documents increased the contract time to complete Phases 1 through 5. Change Order 2
caused the contract to increase the construction time from 110 calendar days to 140 calendar
days. The professional services with this contract are eligible expenses that have been, and will
continue to be, reimbursed by the Federal Aviation Administration under a grant received on
August, 2013, by adopting Resolution 2013 -099.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Approve resolution to continue construction activities.
BOARD /COMMITTEE RECOMMENDATION:
N/A
ATTACHMENTS:
Description Upload Date Type
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RESOLUTION NO. 2016 -
A RESOLUTION Resolution authorizing the City Manager to execute a amendment to the
Professional Services Agreement (Contract No. 2014 -120) with HLA
Engineering and Land Surveying Inc., not to exceed $258,123, for
construction oversight with the Yakima Air Terminal's Taxiway Alpha
Rehabilitation Project.
WHEREAS, the Yakima City Council has established that rehabilitating the Yakima Air
Terminal's primary taxiway, replacement of taxiway edge lights, airfield guidance signs, and
update airfield markings is an economic development priority; and,
WHEREAS, on August 6, 2013, the City of Yakima applied and received a series of
grants from the Federal Aviation Administration to fund the construction activities involving the
taxiway rehabilitation project; and
WHEREAS, on June 17, 2014, the Yakima City Council approved Resolution R -2014-
077, which authorized a Professional Services Agreement with HLA Engineering and Land
Surveying Inc. to provide construction administration, construction observation, and full time
inspection of work to be performed in an amount not to exceed $542,647; and
WHEREAS, changes to the contract documents were required after the original contract
was executed, in order to complete work in the Runway Safety Area between commercial
flights, while providing sufficient time for the contractor to perform the tasks. This caused the
airport to make changes to the contract from 10 -hour work days to 24 hours, 7 days per week
(110 calendar days); and
WHEREAS, the original contract executed June 17, 2014 expected construction to be
completed within the 2014 calendar year. Construction administration services did not start until
after the bid opening which occurred in January 2016. HLA staff anticipated to complete the
improvements have changed, there have been wage modifications, and there has been a
reduction to HLA's audited overhead rate when compared to the original executed contract; and
WHEREAS, subconsultants identified to provide construction observation for the
electrical improvements and to provide quality assurance materials testing have submitted
additional direct costs for compensation due to the increased schedule and work to be
performed during nighttime operations; and
WHEREAS, unforeseen conditions were encountered early during Phase 1 of the project
regarding excess moisture in the underlying sub soils. The presence of excess moisture
caused a change to the contract documents in order to stabilize the subgrade. This change to
the contract documents increased the contract time to complete Phases 1 through 5. Change
Order 2 caused the contract to increase the construction time from 110 calendar days to 140
calendar days; and
WHEREAS, the Scope of Work and Budget included in this Supplemental Professional
Services Agreement meet the needs and requirements of the City of Yakima for this project
which by necessity has evolved and expanded to accommodated the complexity of the
rehabilitation project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Supplemental Agreement with
HLA Engineering and Land Surveying Inc. attached hereto and incorporated herein by this
reference not to exceed Two Hundred Fifty -Eight Thousand One Hundred Twenty -Three Dollars
($258,123) to provide the professional services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 16 day of August, 2016.
Avina Gutierrez, Mayor
ATTEST:
Sonya Claar -Tee, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
City of Yakima Contract No. 2014 -120
Resolution 2014 -077
HLA Project No. 11049C
AIP Project No. 3 -53- 0089 -36
ADDENDUM NO. 1
This Addendum, hereinafter identified as Addendum No. 1, is hereby entered into and made a part of the
Agreement between City of Yakima, Washington, and HLA Engineering and Land Surveying, Inc., for
Professional Services first entered into on the 17th day of June, 2014, by the CITY OF YAKIMA, hereinafter
called the "CITY," and HLA ENGINEERING AND LAND SURVEYING INC., hereinafter called the
"ENGINEER."
WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties
hereto do mutually agree to amend, revise, and /or add the following to the referenced Agreement.
The OWNER intends to improve the Yakima Air Terminal at Yakima, Washington, consisting of
the following items:
1. Rehabilitation and widening of approximately 7,600 linear feet of Alpha Taxiway
(approx. 80 -foot existing width) including the existing pavement between the edge of
taxiway shoulder to the north non - movement boundary line, connectors A -1 through
A -5, the intersection of Runway 4/22, and approximately 650 linear feet of Bravo and
Charlie Taxiways.
2. Install new LED medium intensity taxiway lighting (MITL) system adjacent to Alpha
Taxiway and its connectors, including new LED lights, replacement of failed conduit
and wire, and replacement of the regulator controlling the east and west electrical
circuits.
3. Airfield wide, replace existing Type 1 directional signs to Type 3 directional signs to
meet standards, including extension of conduit and conductor, and new concrete
bases to meet location requirements
The work identified by Items 1 -3 have been divided into five (5) separate construction phases.
Please refer to Figure 1.0 for map of improvements.
Construction Administration services for Phases 1, 2 and a portion of Phase 3 consistent with
AIP 3 -53- 0089 -37 will include construction administration services and full -time construction
observation, and full -time inspection of the work to be performed.
It is anticipated all services for the Alpha Taxiway Rehabilitation Project will be completed such that
construction will be complete by September 2016, assuming all funds are available to complete the
Project.
SECTION I. EMPLOYMENT OF THE ENGINEER
The OWNER hereby employs the ENGINEER and the ENGINEER accepts and agrees to perform the
following services for the Project during the 2016 calendar year.
A. ALPHA TAXIWAY REHABILITATION DESIGN ENGINEERING BASIC SERVICES
The ENGINEER accepts and agrees to perform additional services to the original agreement as
follows:
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Al -1. Provide adequate personnel for construction oversight during all phases of the project. The
original construction services agreement executed on June 17, 2014 allowed for 110 10-
hour days of construction to complete Phases 1 -5.
Several changes to the contract documents were required after contract execution to
satisfy additional comments received from the Federal Aviation Administration (FAA). To
address these comments and provide sufficient time for the contractor to complete the
work, it was necessary to change the contract time to 110 calendar days 24 hours, 7 days
per week.
As requested by FAA, the time for additional personnel is required to be split between AIP
3 -53- 0089 -36 and AIP 3 -53- 0089 -37 and based on the units of work constructed under
each grant and contract. This Supplement includes the additional time and personnel
needed to oversee 24 hours, 7 days per week construction for Phases 1, 2 and a portion
of Phase 3.
A1-2. Unforeseen conditions were encountered early during Phase 1 regarding excess moisture
in the underlying sub soils. The presence of excess moisture facilitated a change to the
contract documents to stabilize the subgrade. This change to the contract documents has
increased project costs and the contract time allowed to complete Phases 1 -5. The change
to the contractor's scope of work has been approved by the FAA as Change Order 2.
With Change Order 2, the contract time to complete Phases 1 -5 was increased from 110
calendar days to 140 calendar days. Thirty days had been included in the original contract
to facilitate Phase 6 and 7. The same 30 days has been incorporated into Phases 1 -5 with
Change Order 2 with the days distributed evenly amongst the phases. The original 30-
days for Phases 6 and 7 was scoped to include 30 10 -hour days which with Change Order
2 is converted to a 24 hours, 7 days per week schedule.
As requested by FAA, the time for additional personnel is required to be split between AIP
3 -53- 0089 -36 and AIP 3 -53- 0089 -37 and based on the units of work constructed under
each grant and contract. This Supplement includes the additional time and personnel
needed to oversee 24 hours, 7 days per week construction for Phases 1, 2 and a portion
of Phase 3.
A1-3. The original contract executed June 17, 2014 expected construction to be completed within
the 2014 calendar year. Construction administration services did not start until after the
bid opening which occurred in January 2016. The two -year delay to rectify FAA comments
and revise the Contract Documents for changes created by the airline had unexpected
consequences.
The HLA staff anticipated to complete the improvements have changed, there have been
wage modifications, and there has been a reduction to HLA's audited overhead rate when
compared to the original executed contract.
A1-4. The subconsultants identified to provide construction observation for the electrical
improvements and to provide quality assurance materials testing have submitted additional
direct costs for compensation due to the increased schedule and work to be performed
during night.
A1-5, Due to FAA requirements, the fee estimate has been revised to eliminate a 7- percent
markup on the subconsultant fee intended to accommodate B &O tax, coordination and
contract management. Two items have been added to the fee estimate to account for
subconsultant coordination and contract management.
A1-6. Due to this addendum, the federal contract provisions must be updated to include those
identified by the Federal Aviation Administration by FAA Order 5100.38D through 2 CFR
Part 200 and other federal regulatory documents. A copy of these contract provisions are
included in Appendix B. There is no cost increase or reduction for this item.
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The following tasks are included in the Original Design Agreement Section 1.A. dated May 8, 2013,
however because of the increased scope of work (due to tasks Al -1 to Al -10 above) the level of
effort has expanded. The below tasks follow the same numbering system as the Original Design
Agreement with the original task in italics followed by the modified task.
1, Assist OWNER with evaluation of FAA funding programs, levels, and timelines in
relationship to the Project.
This task has not changed.
2, With FAA and OWNER concurrence, issue notification of award and monitor contract
execution. Coordinate with successful contractor (hereinafter called "Contractor'), delivery
of contract documents (insurance, bonds, contract, etc.)
This task has not changed.
3. Attend up to two (2) tenant meetings to inform tenant group of construction progress.
This task has not changed.
4. Conduct preconstruction conference. Prepare and deliver meeting minutes based on
preconstruction conference to OWNER, FAA, and Contractor.
The scope of this task has increased due to the inclusion of Tasks Al -1 through Al -3 with
the additional personnel required to adequately oversee construction activities.
5, Conduct preconstruction meeting for Paving Quality Class with JS Engineering, Contractor,
Materials Testing Firms, ENGINEER staff, and OWNER prior to construction and prepare
meeting minutes.
The scope of this task has increased due to the inclusion of Tasks Al -1 through Al -3 with
the additional personnel required to adequately oversee construction activities.
6. Prepare documentation for OWNER and FAA to obtain authorization to issue notice to
proceed. Prepare and transmit notice to proceed to Contractor.
This task has not changed.
7. Attend up to two (2) City of Yakima meetings as necessary to provide project updates.
This task has not changed.
8. ENGINEER shall prepare and submit to the OWNER and FAA the Construction
Management Program prior to beginning construction.
This task has not changed..
9, The ENGINEER shall ensure the Contractor's quality control and testing is adequate and
meets OWNER requirements and FAA guidelines.
The scope of this task has increased due to the inclusion of Tasks A1-1 through A1-3 with
the additional personnel required to adequately oversee construction activities.
10. Review the Contractor's quality control procedures and test reports for conformance and
provide documentation of acceptance or rejection to OWNER and FAA.
This task has not changed.
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11. The ENGINEER shall provide acceptance sampling and testing through a subconsultant
by separate agreement in accordance with FAA specification 401 -5.1.
The scope of this task has increased due to the inclusion of Tasks Al -1 through Al -5 with
the additional personnel required to adequately oversee construction activities.
12, The ENGINEER shall provide assistance and administration for quality control testing
based on testing performed by subconsultant.
The scope of this task has increased due to the inclusion of Tasks Al -1 through Al -5 with
the additional personnel required to adequately oversee construction activities.
13. Provide construction surveying for the OWNER as follows with a Two -Man Survey Crew:
a. Survey control and daily construction and safety area limits.
b. Contractor Surveyor Assistance.
c. Survey points for temporary and final marking locations.
d. Survey points for taxiway lights.
e. Survey for installation of directional signs.
This task has not changed.
14. Conduct weekly construction scheduling meetings during construction cycle. Complete
and distribute meeting minutes. (Minimum of one (1) meeting per week for ten (10) weeks)
The scope of this task has increased due to the inclusion of Tasks Al -1 through Al -5 with
the additional personnel required to adequately oversee construction activities.
15. Schedule and attend weekly construction safety meetings. (One (1) meeting per week for
ten (10) weeks)
The scope of this task has increased due to the inclusion of Tasks Al -1 through Al -5 with
the additional personnel required to adequately oversee construction activities.
16. Prepare and submit daily and weekly inspection reports in accordance with FAA guidelines.
The scope of this task has increased due to the inclusion of Tasks Al -1 through A1-5 with
the additional personnel required to adequately oversee construction activities.
17. Provide on -site construction observation personnel to include two (2) full -time resident
engineers and one (1) full -time project engineer under the supervision of the ENGINEER,
in the implementation of the Project as defined in the construction contract on a daily basis
to keep records, notes, plans and maps for use in preparing record drawings for the Project
as constructed and to advise the OWNER of deficiencies not corrected by the Contractor.
(Fifty (50), 10 -hour working days)
The scope of this task has increased due to the inclusion of Tasks Al -1 through A1-3 with
the additional personnel required to adequately oversee construction activities. Two (2)
full -time resident engineers and (1) full -time project engineer are required per 12 -hour shift.
Work to be performed under AIP 3 -53- 0089 -36 includes providing on -site construction
observation for Seventy (70), 24 -hour working days requiring two field crews.
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18. The ENGINEER shall facilitate change order requests and field design changes by
performing the following:
a. Evaluate change order requests and make recommendation to OWNER.
b. Obtain OWNER concurrence on change orders prior to FAA submittal.
c. Prepare and process change orders.
This task has not changed.
19. The ENGINEER shall perform material analysis and provide approval based on the
following:
a. Review and act upon Contractor submittals.
This task has not changed.
20. The ENGINEER shall review Contractor's quantities and provide recommendation to the
OWNER for payment requests by performing the following:
a. Verify field quantity calculations.
b. Review and total tonnage slips.
c. Prepare monthly progress payment requests and submit to OWNER for payment to
Contractor.
This task has not changed.
21. Conduct and document periodic wage rate interviews, and document Contractor payroll
certifications.
The scope of this task has increased due to the inclusion of Tasks Al -1 through A1-3 with
the additional contractor personnel required to operate on a 24 hours, 7 days per week
construction schedule.
22. Notify the OWNER of any project work which does not conform to the result required in the
construction contract, prepare a written report describing any apparent non - conforming
project work and make recommendations to the OWNER for its correction and, at the
request of the OWNER, have the recommendations implemented by the Contractor.
This task has not changed.
23. Make recommendations to the OWNER on all claims relating to the execution and progress
of the construction work.
This task has not changed.
24, Conduct a final inspection with the OWNER, FAA, and Contractor. Follow up on any
discrepancies found during inspections.
The scope of this task has increased due to the inclusion of Tasks Al -1 through A1-3 with
the additional personnel required to adequately oversee construction activities.
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25. Prepare Record Drawings. Record Drawings shall be submitted to the OWNER and FAA
in the following format: Six (6) complete sets of blueprints to the OWNER, two (2) sets of
prints to the FAA, one (1) set reproducible prints to the OWNER, and one (1) set of disks
with AutoCAD format to both the Owner and FAA.
This task has not changed.
26. Final reports: Prepare and submit the final project report to meet established FAA
requirements.
a. Schedule, attend, and administer final inspection.
b. Prepare a final project report complete with project summary, cost data, testing reports,
DBE compliance and certification for submittal and approval to OWNER and the FAA.
This task has not changed.
27. Assist OWNER in project closeout. Prepare and supply to OWNER documentation
necessary to close out project with FAA.
This task has not changed.
28. Specifically omitted from the ENGINEER'S duties is review of the Contractor's safety
precautions, or review of the means, methods, sequences or procedures required for the
Contractor to perform the work but not relating to the final or completed Project. The
omitted design or review services include, but at not limited to shoring, scaffolding,
underpinning, temporary retainment of excavations, and any erection methods and
temporary bracing.
This task has not changed.
29. Provided the ENGINEER observes and review pursuant to the terms of his contract, the
ENGINEER shall not be responsible for the defects or omissions in the work as a result of
the Contractor, or any subcontractors employees, or that of any other person or entities
responsible for performing any of the work contained in the construction contract.
This task has not changed.
30. ENGINEER will comply with all applicable project closeout requirements in Engineering
Guidance 2013 -04 dated 12/26/2012 including the submission of the Final Design Report
for FAA review and approval.
This task has not changed..
SECTION II. COMPENSATION FOR ENGINEERING SERVICES
A. The OWNER shall pay the ENGINEER for services as set forth in Section 1A of the original
Agreement, and Addendum No. 1, on a time spent basis at specific hourly rates shown on
the attached Exhibit A plus direct non - salary costs including subconsultant fees:
Alpha Taxiway Rehabilitation Improvement Project, Phases 1, 2 and a portion of Phase 3
is $800,770.00. (Original Agreement AIP 3 -53- 0089 -36 is $542,647.00, Addendum No. 1
Agreement is $258,123.00 not to exceed).
Other than the specific amendments identified herein, all other terms, conditions, and requirements of the
underlying contract and Addendum No. 1 shall remain in full force and effect throughout the term of the
Contract's performance.
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IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 1, as of this
day of „ 2016,
CITY OF YAKIMA -ILA ENGINEERING AND LAND SURVEYING,
INC.
Signature Signature
Printed Name: Cliff Moore Printed Name: Michael T. Battle, PE
Title: City Manager Title: President
Date: Date:
Attest
Printed Name: Sonya Claar Tee
Title: City Clerk
City Contract No, 2014 -120
Resolution No. 2016 -
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EXHIBIT 'A"
Yakima Air Terminal, Alpha Taxiway Rehabilitation
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective June 1, 2016, Through May 31, 2017
Licensed Principal Engineer $192.88 per hour
Licensed Principal Land Surveyor $177.65 per hour
Licensed Professional Engineer $116.74 per hour
Licensed Professional Land Surveyor $93.28 per hour
Project Engineer $132.51 per hour
Contract Administrator $80.66 per hour
CAD Technician $71.33 per hour
Resident Engineer /Inspector $110.43 per hour
Surveyor $89.17 per hour
Engineering Technician $67.90 per hour
Word Processing Technician $64.75 per hour
Vehicle Mileage at IRS rate currently $0.54 per mile
Global Positioning Survey System Fee $90.00 per hour
All rates include direct salary, 138.57% overhead and 15% profit
Note: Rates shown are the highest rate for the given job classification and may be less depending on staff
assigned.
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EXHIBIT "B"
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ACCESS TO RECORDS AND REPORTS
(2 CFR § 200.333, 2 CFR § 200.336, and FAA Order 5100.38)
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide
the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any
of their duly authorized representatives, access to any books, documents, papers, and records of the
contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The Contractor 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.
BREACH OF CONTRACT TERMS
(2 CFR § 200 Appendix II(A))
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors 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.
Owner will provide Consultant written notice that describes the nature of the breach and corrective actions
the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to
withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects
to terminate the contract. The Owner's notice will identify a specific date by which the Consultant must
correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct
the breach by deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents 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.
GENERAL CIVIL RIGHTS PROVISIONS
(49 USC § 47123)
The contractor agrees to 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 the contractor and subtier contractors from the bid 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.
COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS
(49 USC § 47123 and FAA Order 1400.11)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor ") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with
the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from
time to time, which are herein incorporated by reference and made a part of this contract.
2. Non - discrimination: The contractor, with regard to the work performed by it during the contract,
will not discriminate on the grounds of race, color, or national origin in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. The contractor
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.
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3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the contractor of the contractor's obligations
under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color,
or national origin.
4. Information and Reports: The contractor 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
sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information,
the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate,
and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or
the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor complies;
and /or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through
six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will
take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation
by a subcontractor, or supplier because of such direction, the contractor may request the sponsor
to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may
request the United States to enter into the litigation to protect the interests of the United States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor ") 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. § 20OOd 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,
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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 Non - discrimination 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).
CLEAN AIR AND WATER POLLUTION CONTROL
(2 CFR § 200, Appendix II(G))
Contractor 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). The Contractor agrees to report any violation to the Owner immediately upon
discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA)
and the Federal Aviation Administration.
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
(2 CFR § 200, Appendix II(E))
1, Overtime Requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic, including watchmen and guards, in any workweek in which
he or she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one -half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the
clause set forth in paragraph (1) of this clause, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause,
in the sum of $10 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration
(FAA) or the Owner shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under any such contract
or any other Federal contract with the same prime contractor, or any other Federally- assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph 2 of this clause.
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4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)
through (4) of this clause.
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
(2 CFR part 180 (Subpart C), 2 CFR part 1200, and DOT Order 4200.5)
By submitting a bid /proposal under this solicitation, the bidder or offeror certifies that neither it nor its
principals are presently debarred or suspended by any Federal department or agency from participation
in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
(2 CFR part 180 (Subpart C), 2 CFR part 1200, and DOT Order 4200.5)
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction ", must 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. The
successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http: / /www.sam.
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.
4. 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.
DISADVANTAGED BUSINESS ENTERPRISES
(49 CFR part 26)
Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts.
Failure by the contractor 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.
Prompt Payment ( §26.29) - The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment
the prime contractor receives from the Owner. The prime contractor agrees further to return retainage
payments to each subcontractor within 30 days after the subcontractor'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 Owner. This clause applies to both DBE and non -DBE
subcontractors.
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Yakima Air Terminal to
practice nondiscrimination based on race, color, sex or national origin in the award or performance of this
contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of
business size or ownership.
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ENERGY CONSERVATION REQUIREMENTS
(2 CFR § 200, Appendix II(H))
Contractor and Subcontractor 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. 6201 et seq).
FEDERAL FAIR LABOR STANDARDS ACT (FENDERAL MINIMUM WAGE)
(29 U.S.C. § 201, et seq)
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.
The consultant has full responsibility to monitor compliance to the referenced statute or regulation. The
consultant must address any claims or disputes that arise from this requirement directly with the U.S.
Department of Labor — Wage and Hour Division
CERTIFICATION REGARDING LOBBYING
(31 U.S.C. § 1352 — Byrd Anti - Lobbying Amendment, 2 CFR part 200, Appendix II(J), and 49 CFR part
20, Appendix A)
The bidder or offeror certifies by signing and submitting this bid or proposal, 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 Bidder or
Offeror, 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 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 Form to Report Lobbying," in
accordance with its instructions.
3. The undersigned 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.
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.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
(20 CFR part 1910)
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. Contractor must provide a work
environment that is free from recognized hazards that may cause death or serious physical harm to the
employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR
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Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement
directly with the U.S. Department of Labor — Occupational Safety and Health Administration.
RIGHTS TO INVENTIONS
(2 CFR § 200, Appendix II(F), and 37 CFR §401)
Contracts or agreements that include the performance of experimental, developmental, or research work
must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non - profit Organizations and Small
Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract
incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14.
Contractor must include this requirement in all sub -tier contracts involving experimental, developmental
or research work.
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
(2 CFR § 200 Appendix II(B), and FAA Advisory Circular 150/5370 -10, Section 80 -09)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and
without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as
explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and
materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non - performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination for Default (Professional Services)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are
essential to the completion of the work per the terms and conditions of the Agreement. The party initiating
the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to
terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions
necessary to cure the breach, and the effective date of the termination action. The rights and remedies
in this clause are in addition to any other rights and remedies provided by law or under this agreement.
Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of
the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project;
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected
unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the
Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates,
summaries, and other documents and materials prepared by the Engineer under this contract, whether
complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed
up through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non - performed services.
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Owner further agrees to hold Consultant 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 Owner determines the Consultant was not in default of the
Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination
for the convenience of the Owner.
Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the
Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the
Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant
for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and
Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without
prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement
based upon the Owner's breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive
full payment for all services performed or furnished in accordance with this Agreement and all justified
reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner
agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result
of the termination action under this clause.
TRADE RESTRICTION CERTIFICATION
(49 USC § 50104 and 49 CFR part 30)
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror —
1. 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.);
2. 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
3. Has not entered into any subcontract for any product to be used on the Federal on the 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.
The Offeror /Contractor must provide immediate written notice to the Owner if the Offeror /Contractor learns
that its certification or that of a subcontractor was erroneous when submitted or has become erroneous
by reason of changed circumstances. The Contractor must require subcontractors provide immediate
written notice to the Contractor 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 an Offeror or subcontractor:
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
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2. Whose subcontractors 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 contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
The Offeror 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. The contractor may rely on
the certification of a prospective subcontractor 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 the Offeror 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 the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract
or subcontract for default at no cost to the Owner or the FAA.
VETERAN'S PREFERENCE
(49 USC § 47112(c))
In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor
and all sub -tier contractors 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.
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