HomeMy WebLinkAboutR-2016-145 Airport Security Gate Improvements Agreement with HLA Engineering and Land Surveying, Inc. 3-53-0089-38A RESOLUTION
RESOLUTION NO. R-2016-145
authorizing an Engineering Services Agreement with HLA Engineering and Land
Surveying, Inc. in the amount not to exceed $124,144 00 for Engineering Services
for airport security gate improvements under Airport Improvement Project 3-53-
0089-38.
WHEREAS, City owns and operates Yakima Air Terminal 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 City to enter into
an Engineering Services Agreement with HLA Engineering and Land Surveying, Inc. to assist the airport
in developing and submitting a grant application under the Airport Improvement Program to obtain
appropriate funds to replace security gates, design and engineer the replacement of approximately 11
automated vehicle security gates, 8 pedestrian security gates, reconstruct surrounding asphalt, replace
vehicle detection systems, upgrade automated vehicle gate lighting, security keypads and access
controllers; and
WHEREAS, the Yakima Air Terminal has coordinated with the Federal Aviation Administration
through the airport's Capital Improvement Plan to utilize approximately $111,729.60 (90%) of Federal
Entitlements in the form of a Grant, and approximately $12,414.40 (10%) as a local match under the
airport's Passenger Facility Charge program to fund the Engineering Services Agreement; and
WHEREAS, in accordance with the terms and conditions of the contract for engineering services
attached hereto and incorporated herein by this reference the engineer will perform these services
outlined in the Engineering Service Agreement during the 2016-2017 calendar year, Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and incorporated
Engineering Services Agreement with HLA Engineering and Land Surveying, Inc. in the amount not to
exceed one hundred twenty-four thousand one hundred and forty-four dollars ($124,144.00), to provide
Engineering Services for airport security gate improvements under Airport Improvement Project 3-53-
0089-38.
ADOPTED BY THE CITY COUNCIL this 6th day of 'ecember, 2016
ATTEST: Kathy C
Sonya CIaa_r)Tee, City Clerk 1, c , `•
f)'/N ,T0
ENGINEERING SERVICES AGREEMENT
FOR
CONSTRUCTION PROJECTS UNDER AIRPORT IMPROVEMENT PROGRAM
Security Improvements
AIP Project No. 3-53-0089-38
This Agreement, made this day of Dec, , 2016, by and between Yakima Air
Terminal, 2406 West Washington Avenue, Suite B, Yakima, Washington 98903, hereinafter
called the "OWNER" and HLA Engineering and Land Surveying, Inc. (HLA), 2803 River Road,
Yakima, Washington 98902, hereinafter called the "ENGINEER."
WITNESSETH, that the OWNER intends to improve the Yakima Air Terminal at Yakima,
Washington, consisting of the following items:
1. Replace approximately eleven (11) vehicle gates identified in the tasks
performed under Section I.A. The Project will include replacement of the gate
and hardware, reconstruction of surrounding asphalt and replacement of the
traffic loops, installation of new security lighting, and replacement of the
keypads.
2. Replace approximately eight (8) pedestrian gates identified in the tasks
performed under Section I.A. The Project will include replacement of the gate
and its hardware Adjacent concrete and asphalt surfaces will be constructed
to meet Americans with Disabilities Act (ADA).
I. EMPLOYMENT OF ENGINEER
The OWNER hereby employs the ENGINEER and the ENGINEER accepts and agrees to
perform the following services for the Project during the 2016 and 2017 calendar years
A. PROJECT FORMULATION
The ENGINEER shall provide the following services under this work phase.
1. Perform site visit and identify and prepare exhibits delineating the gates to be
replaced documenting condition, age, and physical dimensions and constraints
for each identified gate. Prepare exhibit showing gate locations.
2. Assemble and review available information.
3. Prepare preliminary cost estimates and provide to the OWNER and Federal
Aviation Administration (FAA) for consideration of available grant funding. If
current planned funding should be inadequate for all intended improvements,
then the OWNER and FAA will agree on a reduced scope of work to limit the
number of gates to be replaced.
The ENGINEER shall not proceed with Engineering Services until the quantity
and location of the gates to be replaced have been agreed upon by the
OWNER and FAA.
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4. Coordinate with the FAA project manager regarding level and extent of the
requirements within the predesign checklist and conduct the predesign
conference.
5. Finalize project scope and schedule.
6. Assist with grant application
B. ENGINEERING SERVICES
7. It is anticipated this Project will not require any Reimbursable Agreements with
the Federal Aviation Administration (FAA).
8. Prepare topographic survey of each gate. Survey limited to immediate
surrounding area.
9 Prepare Design Report using guidance 2013-04 dated December 26, 2012
including preparation of cost estimates and project schedule
10. Prepare Contract Documents and technical specifications using AC 150/5370-
10G as the basis of the technical specifications. Include FAA special conditions
in Contract Documents. Contract Documents to include preparation of
Construction Safety Phasing Plan and Report in accordance with AC 150/5370-
2F.
11. Electrical engineering design for the vehicle gates will be performed by a
subconsultant and will include design for lighting, traffic loop or other vehicle
detection system, and specifications for keypad and controller replacement.
12 Conduct in-house quality control review.
13. Submit preliminary design package to OWNER and FAA.
14. Incorporate OWNER and FAA comments into bid documents.
15. Finalize Contract Documents.
16. Prepare final ENGINEER's estimate.
17. Conduct in-house quality control review.
18. Submit final documents to the OWNER and FAA for review and approval.
19. Provide final documents to FAA based on approval comments.
20. Assist the OWNER with Sponsor Certifications.
21. Assist the OWNER with requests for reimbursement.
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C. BIDDING
22. Coordinate and develop advertising for publications for one (1) bid package.
Advertising fees will be paid by the OWNER. The ENGINEER shall provide
twenty (20) sets of the approved Contract Documents to supply Contractors
requesting documents for purposes of bidding, and shall furnish the FAA and
the OWNER each with one (1) set of Contract Documents for their files.
23. Assist the OWNER in answering questions during bidding.
24. Prepare addenda as necessary to clarify bid documents.
25. Conduct bid opening and interpret bids for compliance with Contract
Documents. Analyze and check bid documentation and recommend lowest
responsible bidder to the FAA and OWNER.
D. CONSTRUCTION SERVICES
The following services will be under separate agreement.
1. Assist OWNER in evaluation of available funding.
2. Assist OWNER in AIP grant preparation to complete grant authorization.
3. With FAA and OWNER concurrence, issue notification of award, prepare the
construction contract, and monitor contract execution.
4. Coordinate and conduct a preconstruction conference and prepare meeting
minutes.
5. Assist OWNER in issuing the notice to proceed upon FAA concurrence.
6. Attend up to two (2) City of Yakima meetings as necessary to provide project
updates.
7. Complete Construction Management Plan once all Contractor information is
known.
8. Review Contractor's Safety and Quality Assurance Plan, provide comments as
needed to facilitate the intent of the applicable Airport and FAA standards to
maintain safety and quality.
9. Conduct weekly construction and safety meetings with the Contractor and
Airport staff.
10. Prepare and submit daily and weekly inspection reports in accordance with
FAA guidelines.
11. Provide on-site construction observation personnel under the supervision of the
ENGINEER to keep records, notes, plans, and maps for use in preparing
record drawings for the Project as finally constructed and to advise the Airport
staff of deficiencies not corrected by the Contractor. Anticipated length of
construction is thirty (30) working days. The ENGINEER does not guarantee
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the performance of the Contractor by the ENGINEER's performance of such
construction observation. The ENGINEER's undertaking hereunder shall not
relieve the Contractor of his obligation to perform the work in compliance with
the plans and specifications in a workmanlike manner; shall not make the
ENGINEER an insurer to the Contractor's performance; and shall not impose
upon the ENGINEER any obligation to see to it that the work is performed in a
safe manner.
12. Evaluate and prepare change orders and gain approval by FAA on all eligible
changes in work.
13. Review all material submittals for compliance with the contract plans and
specifications.
14. Prepare and confirm monthly pay estimates and contract change orders.
15. Conduct and document periodic wage rate interviews and document Contractor
payroll certifications.
16. Make recommendations to the Airport on all claims relating to the execution
and progress of the construction work.
17. Observe and document DBE participation as required by the Office of Civil
Rights. Complete DBE participation forms.
18. Conduct a final inspection with the Airport, FAA, and Contractor. Follow-up on
any discrepancies found during inspections.
19. Prepare the Final Project Report to meet established FAA requirements.
20. Assist the Airport in project closeout.
21. Specifically omitted from the ENGINEER's duties are 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 are not limited to, shoring, scaffolding, underpinning, temporary retainment
of excavations, and any erection methods and temporary bracing.
22. Notify the Airport of the 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
Airport for its correction and, at the request of the Airport, have the
recommendations implemented by the Contractor.
E. PROJECT CLOSEOUT (Construction Grant)
The following services will be under separate agreement.
1. ENGINEER will comply with all applicable project closeout requirements in
Engineering Guidance 2013-02 dated 12/10/2013. Tasks to include:
a. Project Closeout Requirements (for all types of grants), Item 1 (A -G).
b. Final Planning Closeout Report, Item 2 (A -F). This item is not applicable.
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c. Final Environmental Closeout Report, Item 3 (A -C). This item is not
applicable.
d. Final ,Construction Report, Item 4-5, A(1-7) B, C(1-2) D(1-8) E -M.
e. Final Land Closeout Report, Item 6 A -G. This item is not applicable.
f. Final Equipment Closeout Report, Item 7 A -H. This item is not applicable.
g. Financial Closeout of Phased Project, Item 8 A -D. Item A, Final Pay
Request to be completed by OWNER. Assist OWNER with Item B, Final
Payment Summary Worksheet for engineering costs. Assist OWNER with
Item C, Sponsor Certifications.
PRELIMINARY Project Schedule:
Finalize Scope of Services
Fee Proposal
Engineering Services Contract
Design and Construction Documents
Advertise for Bids
Bid Opening
Begin Construction
July 29, 2016
July 29, 2016
August 12, 2016
August 2016 — March 2017
April 4, 2017
May 5, 2017
May 30, 2017
II. COMPENSATION FOR ENGINEERING SERVICES
The OWNER shall pay the ENGINEER the following fees as complete compensation for
all services rendered as herein agreed:
A. The OWNER shall pay the ENGINEER for the services as set forth in Section I of
this Agreement, on a cost plus fixed fee plus direct non -salary costs. Direct salary
cost shall be per Exhibit B of this Agreement.
The fee for services set forth in Section I.A, I.B, and I.0 is $124,144.00, not to
exceed.
B. Fee for services over the estimated total will be negotiated and agreed upon
between the OWNER and the ENGINEER in writing prior to performance of said
services.
C. ENGINEER will submit monthly invoices on or about the first day of the month for
ENGINEER's Professional Services actually completed during the prior month.
OWNER agrees to pay the invoiced amounts within 45 days of receipt of invoice.
III. OWNER'S RESPONSIBILITIES
A. The OWNER shall make available to the ENGINEER all technical data that is in the
OWNER's possession required by the ENGINEER relating to his work.
B. The OWNER shall pay for all permits and licenses that may be required by local,
state, or federal authorities; and shall secure the necessary land, easements, and
rights of way required for the Project.
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IV. ENGINEER'S RESPONSIBILITIES
A. OWNER's review or approval of, or payment for, any plans, drawings, designs,
specifications, reports, and incidental work or services furnished hereunder shall not
in any way relieve the ENGINEER of responsibility for the technical adequacy,
completeness, or accuracy of its work and the project work. OWNER's review,
approval, or payment for any of the services shall not be construed to operate as a
waiver of any rights under this Agreement or at law or any cause of action arising out
of the performance of this Agreement.
B. In performing work and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as
independent Contractors and shall not be deemed or construed to be employees or
agents of OWNER in any manner whatsoever. The ENGINEER shall not hold itself
out as, nor claim to be, an officer or employee of OWNER by reason hereof and will
not make any claim, demand, or application to or for any right or privilege applicable
to an officer or employee of OWNER. The ENGINEER shall be solely responsible
for any claims for wages or compensation by ENGINEER employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and
hold OWNER harmless therefrom.
C. INDEMNIFICATION.
1. ENGINEER agrees to defend, indemnify, and hold harmless the OWNER, its
elected officials, agents, officers, and employees (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings, and (2) judgments, awards, losses, liabilities, damages, penalties,
fines, costs and expenses (including legal fees, costs, and disbursements) of
any kind claimed by third parties arising out of, or related to any death, injury,
damage or destruction to any person or any property to the extent caused by
any negligent act, action, default, error or omission or willful misconduct arising
out of the ENGINEER's performance under this Agreement. In the event that
any lien is placed upon the OWNER's property or any of the OWNER's officers,
employees or agents as a result of the negligence or willful misconduct of the
ENGINEER, the ENGINEER shall at once cause the same to be dissolved and
discharged by giving bond or otherwise
2. OWNER agrees to indemnify, defend, and hold the ENGINEER harmless from
Toss, cost, or expense, including legal fees, of any kind claimed by third parties,
including without limitation such loss, cost, or expense resulting from injuries to
persons or damages to property, to the extent caused by the negligence or
willful misconduct of the OWNER, its employees, or agents in connection with
the Project.
3. If the negligence or willful misconduct of both the ENGINEER and the OWNER
(or a person identified above for whom each is liable) is a cause of such third
party claim, the loss, cost, or expense shall be shared between the ENGINEER
and the OWNER in proportion to their relative degrees of negligence or willful
misconduct and the right of indemnity will apply for such proportion
4 Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
D. In any and all claims by an employee of the ENGINEER, any subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them
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may be liable, the indemnification obligations under this Agreement shall not be
limited in any way by any limitation on the amount or types of damages,
compensation, or benefits payable by or for the ENGINEER or a subcontractor under
workers' or workmens' compensation acts, disability benefit acts, or other employee
benefit acts.
E. It is understood that any resident engineering or inspection provided by ENGINEER
is for the purpose of determining compliance with the technical provisions of Project
specifications and does not constitute any form of guarantee or insurance with
respect to the performance of a Contractor. ENGINEER does not assume
responsibility for methods or appliances used by a Contractor, for a Contractor's
safety programs or methods, or for compliance by Contractors with laws and
regulations. OWNER shall use its best efforts to ensure that the construction
contract requires that the Contractor(s) indemnify and name OWNER, the OWNER's
and the ENGINEER's officers, principals, employees, agents, representatives, and
engineers as additional insureds on Contractor's insurance policies covering the
Project, exclusive of insurance for ENGINEER professional liability.
F. SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other
subsurface investigations, the actual characteristics may vary significantly between
successive test points and sample intervals, and at locations other than where
observation, exploration, and investigations have been made. Because of the
inherent uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total Project cost and/or
execution. These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable standard
of professional care and judgment in such investigations.
V. INSURANCE
A. At all times during performance of the work, ENGINEER shall secure and maintain in
effect insurance to protect the OWNER and ENGINEER from and against all claims,
damages, losses, and expenses arising out of or resulting from the performance of
this Agreement. ENGINEER shall provide and maintain in force insurance in limits
no less than that stated below, as applicable. The OWNER reserves the right to
require higher limits should it deem it necessary in the best interest of the public.
1. Commercial General Liability Insurance: Before this Contract is fully executed
by the parties, ENGINEER shall provide the OWNER with a Certificate of
Insurance as proof of commercial liability insurance and commercial umbrella
liability insurance with a total minimum liability limit of two million dollars
($2,000,000.00) per occurrence combined single limit bodily injury: and property
damage, and two million dollars ($2,000,000.00) general aggregate. 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 OWNER, its elected officials, officers, agents, employees, and volunteers
as additional insureds. The insured shall not cancel or change the insurance
without first giving the OWNER a thirty (30) calendar day prior written notice.
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.
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2. Commercial Automobile Liability Insurance:
a. If ENGINEER owns any vehicles, before this Contract is fully executed by
the parties, OIC shall provide the OWNER 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 ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial
liability coverage at the same limits as required in that section of this
Agreement, which is Section V.A.1. entitled "Commercial Liability
Insurance "
c. Under either situation described above in Section V.A.2.a. and Section
V.A.2.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 Agreement. The policy shall name the OWNER, its
elected officials, officers, agents, employees, and volunteers as additional
insureds. The insured shall not cancel or change the insurance without
first giving the OWNER a thirty (30) calendar day prior written notice. 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. Statutory workers' compensation and employer's liability insurance as required
by State law.
4. Professional Liability Coverage: Before this Agreement is fully executed by the
parties, ENGINEER shall provide the OWNER 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. Said
policy shall be in effect for the duration of this Agreement. The insured shall
not cancel or change the insurance without first giving the OWNER thirty (30)
days prior written notice. 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 (2)
years after the completion of this Agreement.
Failure of either or all of the additional insureds to report a claim under such
insurance shall not prejudice the rights of the OWNER, its officers, employees,
agents, and representatives thereunder. The OWNER and the OWNER's
officers, principals, employees, representatives, and agents shall have no
obligation for payment of premiums because of being named as additional
insured under such insurance. None of the policies issued pursuant to the
requirements contained herein shall be canceled, allowed to expire, or changed
in any manner that affects the rights of the OWNER until thirty (30) days after
written notice to the OWNER of such intended cancellation, expiration or
change.
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VI. RESERVATIONS AND COMPLIANCE
A. The ENGINEER reserves the right to obtain the services of other Consulting
Engineers experienced in Airport work to prepare and execute the work which is
related to the Project within the scope of services and fees contained herein. All
subconsultants are subject to the review and approval of the OWNER. The OWNER
acknowledges that quality assurance testing, electrical, and pavement specialist
subconsultants will be utilized for this Project.
B. During the performance of this Agreement, the ENGINEER, for itself, its assignees
and successors in interest (hereinafter referred to as the "Contractor") agrees to
comply with the following requirements:
1. Access to Records and Reports. (2 CFR § 200.336, 2 CFR § 200.333, and FAA Order 5100.38)
2. Breach of Contract Terms. (2 CFR § 200 Appendix II(A))
3. Civil Rights — General. (49 USC § 47123)
4. Compliance with Nondiscrimination Requirements (49 USC § 47123 and FAA Order
1400.11)
5. Civil Rights — Title VI Assurances.
6 Clean Air and Water Pollution Control (2 CFR § 200 Appendix II (G))
7. Contract Work Hours and Safety Standards Act Requirements. (2 CFR § 200
Appendix 11 (E))
8. Debarment and Suspension. (2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5
DOT Suspension & Debarment Procedures & Ineligibility)
9. Disadvantaged Business Enterprise. (49 CFR part 26)
10. Energy Conservation Requirements (2 CFR § 200 Appendix 11 (H))
11. Federal Fair Labor Standards Act. (29 usC § 201, et seq)
12. Certification Regarding Lobbying. (31 USC § 1352, 2 CFR Part 200, and 49 CFR part 20,
Appendix A)
13. Occupational Safety and Health Act of 1970. (20 CFR part 1910)
14. Right to Inventions. (2 CFR § 200 Appendix ll(F), and 37 CFR § 401)
15. Termination of Contract. (2 CFR § 200 Appendix 11(8) and FAA Advisory Circular 150/5370-10,
Section 80-09)
16. Trade Restriction Certification. (49 USC § 50104 and 49 CFR part 30)
17. Veteran's Preference. (49 use § 47112c)
VII. TERMINATION OF AGREEMENT
A. The OWNER may, by written notice, terminate this Contract in whole or in part at
any time, either for the OWNER's convenience or because of failure to fulfill the
Contract obligations. Upon receipt of such notice services must be immediately
discontinued (unless the notice directs otherwise) and all materials as may have
been accumulated in performing this Contract, whether completed or in progress,
delivered to the OWNER.
B. If the termination is for the convenience of the OWNER, an equitable adjustment in
the Contract price will be made, but no amount will be allowed for anticipated profit
on unperformed services.
C. If the termination is due to failure to fulfill the ENGINEER's obligations, the OWNER
may take over the work and prosecute the same to completion by Contract or
otherwise In such case, the ENGINEER is liable to the OWNER for any additional
cost occasioned to the OWNER thereby.
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D If, after notice of termination for failure to fulfill Contract obligations, it is determined
that the ENGINEER had not so failed, the termination will be deemed to have been
effected for the convenience of the OWNER. In such event, adjustment in the
Contract price will be made as provided in paragraph B of this clause.
E. The rights and remedies of the OWNER provided in this clause are in addition to
any other rights and remedies provided by law or under this Contract.
VIII. CERTIFICATION OF ENGINEER
The OWNER and the ENGINEER hereby certify that the ENGINEER has not been
required, directly or indirectly, as an express or implied condition in connection with
obtaining or carrying out this Agreement to:
A. Employ or retain, or agree to employ or retain, any firm or persons.
B. Pay, or agree to pay, to any firm, person, or organization any fee, contribution,
donation, or consideration of any kind.
IX. SUCCESSORS AND ASSIGNMENTS
A. The OWNER and ENGINEER each bind themselves, their 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. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet, or
transfer their interest or obligation hereunder in this Agreement without the written
consent of the other.
C. It is understood by the OWNER and the ENGINEER 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 OWNER and the FAA under a Grant Agreement for the Project.
OWNER approval of this Engineering Services Agreement is conditioned upon and
subject to FAA approval.
X. TITLE VI ASSURANCES
The ENGINEER 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 handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance.
This provision binds the 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.
This provision also obligates the tenant/concessionaire/lessee or its transferee for the
period during which Federal assistance is extended to the Airport through the Airport
Improvement Program, except where Federal assistance is to provide, or is in the form of
personal property; real property or interest therein; structures or improvements thereon.
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In these cases, the provision obligates the party or any transferee for the longer of the
following periods:
A. The period during which the property is used by the Airport sponsor or any transferee
for a purpose for which Federal assistance is extended, or for another purpose
involving the provision of similar services or benefits; or
B. The period during which the Airport sponsor or any transferee retains ownership or
possession of the property.
COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS
During the performance of this Contract, the ENGINEER, for itself, its assignees, and
successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
A. COMPLIANCE AND REGULATIONS. The Contractor (hereinafter includes
consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes
and Authorities, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this Contract.
B. 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 Acts and the Regulations, including
employment practices when the Contract covers any activity, project, or program set
forth in Appendix B of 49 CFR part 21.
C. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF
MATERIALS AND EQUIPMENT: In all solicitations, either by competitive bidding, or
negotiation made by 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 Acts and the Regulations relative to Non-
discrimination on the grounds of race, color, or national origin
D. 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 FAA to be pertinent to
ascertain compliance with such Acts, Regulations, 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
FAA, as appropriate, and will set forth what efforts it has made to obtain the
information
E. 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 FAA may determine to be appropriate, including, but
not limited to.
1. Withholding payments to the Contractor under the Contract until the Contractor
complies; and/or
2. Cancelling, terminating, or suspending a Contract, in whole or in part.
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F. INCORPORATION OF PROVISIONS: The Contractor will include the provisions of
paragraphs A through F from this section 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 FAA 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.
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:
A. 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);
B. 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);
C. 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),
D. 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;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq ),
(prohibits discrimination on the basis of age);
F. 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),
G. 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);
H. Titles 11 and 111 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;
1 The FAA's non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination
on the basis of race, color, national origin, and sex);
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J. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations, which ensures 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;
K. 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);
L 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.0
1681 et seq ).
XI. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
A. POLICY: It is the policy of the Department of Transportation (DOT) that minority
business enterprises as defined in 49 CFR Part 23 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with federal funds under this Agreement.
B. MBE OBLIGATION: The Contractor agrees to ensure that minority business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in whole or in
part with federal funds provided under this Agreement. In this regard, all Contractors
shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to
ensure that minority business enterprises have the maximum opportunity to compete
for and perform contracts. Contractors shall not discriminate on the basis of race,
color, national origin, or sex in the award and performance of DOT -assisted
contracts.
XII. LITIGATION FEES AND EXPENSES
In the event suit or action be instituted to enforce any of the terms or conditions of this
Agreement, the losing party shall pay to the prevailing party, in addition to the costs and
disbursements allowed by statute, such sum as the court may adjudge reasonable as
attorney fees in such suit or action, in both trial and appellate court. Since the FAA is not
a party to this Agreement, it cannot be held liable for actions under this section
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XIII. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Washington. Venue shall be
in Yakima County.
IN WITNESS WHEREOF, the OWNER and the ENGINEER hereto have made and executed
this Agreement the day and year first above written.
OWNER.
CITY OF YAKIMA
BY:
TITLE: City Manager
ENGINEER.
HLA ENGINEERING AND LAND SURVEYING INC
BY: `I'Ti� ga
Michael T. Battle, Pre
ATTEST:
Sonya Clas
TITLE. City Clerk
CITY CONTRACT NO' 2oi (0-D1/3
RESOLUTION NO' R. ; of 9v - I (/5-
G. \Contracts
5
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Page 14
EXHIBIT "A"
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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
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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
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 § 2OOOd 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.0 § 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),
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• 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 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
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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.
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.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.
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
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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.
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.0 § 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.
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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 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
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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
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.
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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
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.
G:\Contracts 8 Task Orders\Yakima Air Terminal \2016-10-21 Security Improvement Upgrade.doc
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
G.\Contracts & Task Orders\Yakima Air Terminal \2016-10-21 Security Improvement Upgrade.doc
EXHIBIT "B"
G:\Contracts & Task Orders\Yakima Air Terminal \2016-10-21 Security Improvement Upgrade doc
Exhibit B
Consultant Cost Computations - Summary Sheet
(Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Yakima Air Terminal, Security Improvements 2016-2017
Direct Salary Cost (DSC)
Classification
Senior Principal Engineer
Licensed Principal Land Surveyor
Licensed Professional Engineer
Licensed Professional Surveyor
Project Engineer
Contract Administrator
CAD Technician
Word Processing Technician
Surveyor on Two Man Crew
Rate
$70 30
$64 75
$37 00
$34 00
$42.00
$29 40
$26 00
$23 60
$32.50
Note Rates shown are the highest rate for the given job
classification and may be less depending on staff assigned Rates
are subject to change on January 1 and June 1 of each calendar
year, and from time to time due to periodic wage increases and/or
new annual audited overhead rate
Overhead (OH Cost - including Salary Additives)
OH Rate x DSC 138 57%
Fixed Fee (FF)
[(OH Rate x DSC) + DSC] x FF Rate 15 00%
Reimbursables:
Global Positioning System (hourly) $96 00
Mileage is reimbused at the IRS rate applicable at the time
Postage/shipping based on receipts submitted as part of task.
Prepared by. Michael T Battle, PE Date 7/7/2016
G:\Contracts & Task Orders\Yakima Air Terminal\Security Gate Cost plus fixed fee.xlsx
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.H.
For Meeting of: December 6, 2016
ITEM TITLE: Resolution authorizing an agreement with HLA Engineering and
Land Surveying, Inc. in an amount not to exceed $124,144
for airport security gate improvements
SUBMITTED BY: Robert Peterson, Airport Manager, 509-575-6149
SUMMARY EXPLANATION:
The airport is equipped with various security gates to allow emergency crews, airport personnel,
and pedestrian vehicles access to the airfield. These gates keep unauthorized vehicles and
personnel outside the airport's perimeter fence to ensure aircraft can continue to operate safely
on the airfield. Unfortunately, the majority of these vehicle and pedestrian gates have outlived
their useful life and require constant maintenance when replacement parts are challenging to
obtain. The project will replace approximately 11 automated vehicle gates and 8 pedestrian
gates to ensure security is upheld throughout the airport. These security improvements will be
funded by approximately $111,730 (90%) of Federal entitlements in the form of a grant and
approximately $12,414 (10%) as a local match under the airport's Passenger Facility Charge
program.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
D Resolution
D Contract
O FAA approval
Upload Date
11/10/2016
10/25/2016
11/10/2016
Type
Resolution
Contract
Backup Material
U.S. Department
of Transportation
Federal Aviation
Administration
November 9, 2016
Mr. Robert Peterson
Airport Manager
Yakima Air Terminal -McAllister Field
2406 W. Washington Ave, Suite B
Yakima, WA 98903
Northwest Mountain Region
Seattle Airports District Office
1601 Lind Avenue S.W., Suite 250
Renton, Washington 98057-3356
Yakima Air Terminal -McAllister Field, Yakima, Washington
Airport Improvement Program (AIP) Project Number: 3-53-0089-38
Engineering Services Contract
Design and Construction Bidding Services
Replace 19 Access Gates
We have received your record of negotiation package dated October 21, 2016, and attached scope of work
and fee proposal from HLA Engineering and Land Surveying, Inc. (HLA). The contract includes the
scope of work and fee only for design and bidding services to replace eleven (11) vehicle gates controlled
by an electronic controller and eight (8) manual pedestrian gates. Copy of your original CIP/Pre-
application Data Sheet which describes this project is attached. We reviewed your proposed agreement
for engineering design and bidding services along with your cost analysis and record of negotiations. The
total not -to -exceed fee of $124,144.00 for engineering design, bidding services is approved. Please note
this is a maximum fee and the sponsor can only be reimbursed for actual costs incurred.
Ninety percent (90%) of this fee is reimbursable provide the project is constructed and meets Federal
Aviation Administration (FAA) design, procurement and construction standards under the Airport
Improvement Program. If a portion of the project or procurement process does not meet federal AIP
requirements, then all or portion of the fee under this contract may not be eligible for reimbursement with
AIP federal funds.
Any amendments to this engineering agreement will require FAA approval. If the amendments occur
after the grant is issued, they will be subject to the availability of federal funds. Approval should be
obtained prior to performing the work. The FAA is under no obligation to consider retroactive requests
for adjustment in fee.
If you have not already done so, please submit a copy of your executed contract and Sponsor Certification
for Consultant Selection. Your contract must include federal standard provisions for consultant services.
We encourage all sponsors to review their engineering services and construction agreements in detail and
be familiar with them. Under the AIP, the sponsor is responsible for all contractual obligations. The
sponsor is the responsible authority regarding the settlement and satisfaction of all contractual and
administrative issues arising from the procurements entered into, in support of an AIP grant.
Please submit a copy of your monthly progress billing statements with invoice. Because this is a not -to -
exceed agreement, expenses should be itemized and receipts attached to the invoice. Billing statements
should include documentation of hours and costs spend per employee classification. Include a summary
of percentage of project completion and funds expended / remaining by major tasks in tabular and
narrative form. The narrative should explain work accomplished, work planned, project delays, and
project critical path — as appropriate. Please include an updated project schedule with each billing
statement.
If you have any questions please call, (425) 227-2660
Sincerely
Orifi 4.4.1, Si.3v4.ed.
Mary E. Vargas, SEA -633
Seattle Airports District Office
1 Enclosure
Electronic copy:
WSDOT — Aviation, Mr. John MacArthur, Aviation Planner - SCIP
WSDOT — Aviation, Mr. Eric Johnson, Construction & Grants Program Manager