HomeMy WebLinkAbout12/12/2017 06E West General Aviation Apron Rehabilitation Agreement with JUB Engineering, Inc.1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.E.
For Meeting of: December 12, 2017
ITEM TITLE: Resolution authorizing an Engineering Services Agreement with
JUB Engineering, Inc. for Engineering Services to rehabilitate the
West General Aviation Apron
SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
The West General Aviation Apron was constructed in 1984 and is located adjacent to the main
terminal building where a variety of aircraft and airline charters utilize the apron as a parking
location upon their arrival into Yakima. The apron consists of approximately 22,000 square yards
of asphalt and requires rehabilitation in order to meet Federal Aviation Administration safety
standards. JUB Engineering, Inc. will assist the airport with project formulation, design, bidding
services, and submission of grant application in order to receive Federal assistance to
rehabilitate the apron in 2018 in an amount not to exceed $157,860.00.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D Resolution 11/30/2017
D Contract 12/4/2017
City Manager
Type
Resolution
Contract
2
0 Scope of Work 1225/2017 Backup Material
0 Fee Breakout 11/30/2017 Backup Material
A RESOLUTION
3
RESOLUTION NO. R -2017 -
authorizing an Engineering Services Agreement with JUB Engineering, Inc. in the
amount not to exceed $157,860.00 for Engineering Services to rehabilitate the
West General Aviation Apron under Passenger Facility Charge PFC 15-15-C-00-
YKM.
WHEREAS, City owns and operates Yakima Air Terminal -McAllister Field in accordance with
applicable Federal, State and Local regulations; and
WHEREAS, the City maintains a roster of consultants whose statements of qualifications
represent that they have the expertise necessary to perform the services required by the City; and
WHEREAS, the State of Washington requires that engineering services be performed by a
Professional Licensed Engineer; and
WHEREAS, the City Council has determined that it is in the best interest of the City to enter into
an Engineering Services Agreement with JUB Engineering, Inc. to provide project formulation, design,
bidding services, develop and submit a grant application in order to rehabilitate approximately 22,000
square yards of asphalt pavement, associated drainage, aircraft tie -downs, pavement marking and
apron lighting on the West General Aviation Apron; and
WHEREAS, the Yakima Air Terminal -McAllister Field has coordinated with the Federal Aviation
Administration through the airport's Capital Improvement Plan to utilize approximately $157,860.00
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 2017-2018 calendar year, Now,
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and incorporated
Engineering Services Agreement with JUB Engineering, Inc. in the amount not to exceed one hundred
fifty-seven thousand eight hundred and sixty dollars ($157,860.00), to provide Engineering Services for
the airport's West General Aviation Apron under Passenger Facility Charge PFC 15-15-C-00-YKM.
ADOPTED BY THE CITY COUNCIL this 12th day of December, 2017.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
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FAA AGREEMENT FOR PROFESSIONAL SERVICES
West GA Ramp Rehabilitation Project, PFC 15-15-C-00-YKM
Yakima Air Terminal — McAllister Field, Yakima, WA
THIS AGREEMENT is made as of the 12th day of December, 2017 by and between, Yakima Air Terminal
- McAllister Field, City of Yakima 2406 W. Washington Ave., Suite B, Yakima, WA 98903 hereinafter
referred to as the CLIENT, and J -U -B ENGINEERS, Inc., W. 422 Riverside, Suite 304, Spokane,
Washington, 99201, hereinafter referred to as J -U -B.
WHEREAS, the CLIENT intends to make certain improvements and/or modifications to the Yakima Air
Terminal — McAllister Field, Yakima, WA consisting of the following:
West General Aviation (GA) Ramp Rehabilitation project. This project is anticipated to include
rehabilitation of approximately 22,000 square yards of asphalt pavement, associated drainage, tie -downs,
pavement markings and apron lighting.
Hereinafter referred to as the PROJECT:
WITNESSETH
For and in consideration of the mutual covenants and promises between the parties hereto, it is agreed:
ARTICLE 1
J -U -B'S SERVICES
1.01 BASIC SERVICES
J -U -B agrees to perform or furnish professional engineering services in relation to the PROJECT,
including normal civil engineering services related thereto, as set forth in Attachment 1 — Scope of
Services consistent with the applicable Standard of Care. Standard of Care is defined as the care and
skill ordinarily used by members of the subject profession practicing under like circumstances at the same
time and in the same locality.
1.02 SCHEDULE OF SERVICES TO BE PERFORMED
J -U -B will perform said Services as follows:
December 12, 2017 — June 1, 2018
This schedule shall be equitably adjusted as the PROJECT progresses, allowing for changes in scope,
character or size of the PROJECT requested by the CLIENT or for delays or other causes beyond J -U -B's
control.
This Agreement shall be in effect from the date of execution through June 1, 2018. In the event the
services described will not be completed during the term of this Agreement the Agreement may be
amended by mutual agreement of the Parties.
1.03 ADDITIONAL SERVICES
When authorized in writing by the CLIENT, J -U -B agrees to furnish, or obtain from others, additional
professional services in connection with the PROJECT, as set forth below and as otherwise contained
within this Agreement:
A. Provide other services not otherwise provided for in this Agreement, including services normally
furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES.
B. Provide services as an expert witness for the CLIENT in connection with litigation or other
proceedings involving the PROJECT.
C. Assist or extend services as a result of strikes, walkouts, or other labor disputes, including acts
relating to settlement of minority group problems.
D. Mitigation work identified in the environmental review.
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ARTICLE 2
CLIENTS RESPONSIBILITIES
2.01 CLIENTS RESPONSIBILITIES
The CLIENT shall Furnish the following services at the CLIENT'S expense and in such a manner that
J -U -B may rely upon them in the performance of its services under this AGREEMENT:
A. Designate, in writing, a person authorized to act as the CLIENT'S contact. The CLIENT or his
designated contact shall receive and examine documents submitted by J -U -B to determine
acceptability of said documents, interpret and define the CLIENT'S policies, and render decisions
and authorizations in writing promptly to prevent unreasonable delay in the progress of J -U -B's
services.
B. Make available to J -U -B all technical data that is in the CLIENT'S possession, including maps,
surveys, property descriptions, borings, and other information required by J -U -B and relating to its
work.
C. Hold promptly all required special meetings, serve all required public and private notices, receive
and act upon all protests and fulfill all requirements necessary in the development of the
PROJECT and pay all costs incidental thereto.
D. Provide legal, accounting and insurance counseling services necessary for the PROJECT: Legal
review of the construction Contract Documents; and such writing services as the CLIENT may
require to account for the expenditure of construction funds.
E. Furnish permits and approvals from all governmental authorities having jurisdiction over the
PROJECT and from others as may be necessary for completion of the PROJECT.
F. The CLIENT agrees to cooperate with J -U -B in the approval of all plans, reports and studies, and
shall make a timely decision in order that no undue expense will be caused J -U -B because of lack
of decisions. If J -U -B is caused extra drafting or other expense due to changes ordered by the
CLIENT after the completion and approval of the plans, reports, and studies, J -U -B shall be
equitably paid for such extra expenses and services involved.
G. Guarantee full and free access for J -U -B to enter upon all property required for the performance
of J -U -B's services under this AGREEMENT.
H. Give prompt written notice to J -U -B whenever the CLIENT observes or otherwise becomes aware
of any defect in the PROJECT or other event that may substantially affect J -U -B's performance of
services under this AGREEMENT.
I. Promptly prepare and submit reimbursement requests to funding agencies.
J. Compensate J -U -B for services promptly rendered under this AGREEMENT.
K. Obtain bids or proposals from contractors for work relating to the PROJECT and bear all costs
relating to advertising.
ARTICLE 3
J -U -B'S COMPENSATION
3.01 BASIC SERVICES COMPENSATION
J -U -B shall provide services in connection with the terms and conditions of this Agreement, and the
CLIENT shall compensate J -U -B therefore as follows:
Project Formulation Design, and Bidding Phase Services. The CLIENT shall compensate J -U -B for
Section(s) 1.01.A; 1.01.B, 1.01C., in Attachment 1 on a Time and Materials basis for actual costs incurred
at standard hourly rates and reimbursable expenses established in Exhibit B. The estimated costs to
complete the work is $157,860.00, which is not to be exceeded without further authorization. Hourly rates
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established in Exhibit B are subject to a one-time adjustment for cost of living allowance and salary
increases to be reviewed in January 2018. See Attachment 2 for a detailed cost breakdown.
Partial payment shall be made for the services performed as the work under this AGREEMENT
progresses. Such payment is to be made monthly based on the itemized statements, invoices, or other
evidences of performance furnished to and approved by the CLIENT. All claims for payment will be
submitted in a form compatible with current practices and acceptable to the CLIENT. Partial payments will
include payroll costs, payroll burden and general and administrative overhead, and out-of-pocket
expense, plus that portion of the fixed fee which its percentage of completion bears to the total cost of the
fully completed work under this AGREEMENT. The CLIENT shall make full payment of the value of such
documented monthly service as verified on the monthly statement.
3.02 ADDITIONAL SERVICES
In addition to any and all compensation hereinabove, the CLIENT shall compensate J -U -B for Additional
Services, Section 1.03, under a written supplemental agreement executed by both Parties that specifically
describes the additional work and the cost associated therewith. These additional services are to be
performed or furnished by J -U -B only upon receiving said written authorization from the CLIENT.
3.03 COMPENSATION ADJUSTMENT
The Agreement shall be in effect from December 1, 2017 to June 1, 2018. CLIENT agrees to provide J -
U -B a notice to proceed with Services within 120 days of the effective date of this Agreement. If the
notice to proceed with Services is delayed beyond 120 days from the effective date of this Agreement, or
service described will not be completed during the term of this Agreement through no fault of J -U -B, the
Agreement shall be amended through mutual negotiation to address both schedule and pricing impacts of
the delay. CLIENT understands that any pricing increase may not be grant fundable by FAA.
3.04 ADDITIONAL CONDITIONS OF COMPENSATION
The CLIENT and J -U -B further agree that:
A. Progress payments shall be made in proportion to services rendered as indicated within this
Agreement and shall be due and owing within thirty (30) days of J -U -B's submittal of a monthly
statement. Any monies not paid after 30 days when due under this AGREEMENT shall bear a
finance charge at the rate of one percent (1`)/0) per month on the balance, until paid.
B. If the CLIENT fails to make monthly payments due J -U -B, J -U -B may, after giving ten (10) days
written notice to the CLIENT, suspend services under this Agreement.
C. If the PROJECT is delayed, or if J -U -B's service for the PROJECT is delayed or suspended for
more than three (3) months for reasons beyond J -U -B's control, J -U -B may, after giving seven (7)
days written notice to the CLIENT, terminate this Agreement and the CLIENT shall compensate
J -U -B in accordance with the termination provisions contained hereafter in this Agreement.
ARTICLE 4
GENERAL PROVISIONS
4.01 OWNERSHIP OF DOCUMENTS
Upon the request of the CLIENT, J -U -B shall furnish the CLIENT copies of all maps, plots, drawings,
estimate sheets, and other contract documents required for the PROJECT provided J -U -B has been paid
in full for the work. Upon the request of the CLIENT and the completion of the work specified herein, all
material documents acquired or produced by J -U -B in conjunction with the preparation of the plans shall
be delivered to and become the property of the CLIENT providing no future use of said documents or
portions thereof shall be made by the CLIENT with J -U -B's name or that of J -U -B ENGINEERS, Inc.,
attached thereto. Final submittal of J -U -B's work product shall be in hard -copy format and no electronic
design files will be submitted as part of the PROJECT, unless expressly requested.
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Reuse of any of the above -said documents by the CLIENT on extensions of this PROJECT or on any
other project without written permission of J -U -B shall be at the CLIENT'S risk, and the CLIENT agrees to
defend, indemnify, and hold harmless J -U -B from all claims, damages, and expenses including attorneys
fees arising out of such unauthorized reuse of said documents by the CLIENT or by others acting through
the CLIENT.
J -U -B shall retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary
information on subsequent projects at J -U -B's sole risk.
4.02 DELEGATION OF DUTIES
Neither the CLIENT nor J -U -B shall delegate, assign, sublet or transfer their respective duties under this
Agreement without the written consent of the other.
4.03 TERMINATION
A. TERMINATION FOR CONVENIENCE
The CLIENT may, by written notice to J -U -B, terminate this Agreement for its convenience and
without cause or default on the part of J -U -B. Upon receipt of the notice of termination, except as
explicitly directed by the CLIENT, J -U -B must immediately discontinue all services affected.
Upon termination of the Agreement, J -U -B must deliver to the CLIENT all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this contract, whether complete or
partially complete.
CLIENT agrees to make just and equitable compensation to J -U -B for satisfactory work
completed up through the date J -U -B receives the termination notice. Compensation will not
include anticipated profit on non -performed services.
CLIENT further agrees to hold J -U -B harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
B. TERMINATION FOR DEFAULT
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations
that are essential to the completion of the work per the terms and conditions of the Agreement.
The party initiating the termination action must allow the breaching party an opportunity to dispute
or cure the breach.
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.
1) Termination by CLIENT: The CLIENT may terminate this Agreement in whole or in part,
for the failure of J -U -B to:
a. Perform the services within the time specified in this contract or by CLIENT
approved extension;
b. Make adequate progress so as to endanger satisfactory performance of the
Project;
c. Fulfill the obligations of the Agreement that are essential to the completion of the
Project.
Upon receipt of the notice of termination J -U -B must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement, J -U -B
must deliver to the CLIENT all data, surveys, models, drawings, specifications, reports,
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maps, photographs, estimates, summaries, and other documents and materials prepared
by the Engineer under this contract, whether complete or partially complete.
CLIENT agrees to make just and equitable compensation to J -U -B for satisfactory work
completed up through the date J -U -B receives the termination notice. Compensation will
not include anticipated profit on non -performed services.
CLIENT further agrees to hold J -U -B harmless for errors or omissions in documents that
are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the CLIENT determines J -U -B was not in
default of the Agreement, the rights and obligations of the parties shall be the same as if
the CLIENT issued the termination for the convenience of the CLIENT.
2) Termination by J -U -B: J -U -B may terminate this Agreement in whole or in part, if the
CLIENT:
a. Defaults on its obligations under this Agreement;
b. Fails to make payment to J -U -B in accordance with the terms of this Agreement;
c. Suspends the Project for more than 180 days due to reasons beyond the control of
J -U -B.
Upon receipt of a notice of termination from J -U -B, CLIENT agrees to cooperate with
J -U -B for the purpose of terminating the agreement or identified portion thereof, by
mutual consent. If CLIENT and J -U -B cannot reach mutual agreement on the termination
settlement,
J -U -B may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the CLIENT'S breach of the
contract.
In the event of termination due to CLIENT breach, the Engineer is entitled to invoice
CLIENT and to receive full payment for all services performed or furnished in accordance
with this Agreement and all justified reimbursable expenses incurred by J -U -B through
the effective date of termination action. CLIENT agrees to hold J -U -B harmless for errors
or omissions in documents that are incomplete as a result of the termination action under
this clause.
4.04 GENERAL
A. Should litigation occur between the two parties relating to the provisions of this Agreement, court
costs and reasonable attorney fees incurred shall be borne by their own party.
B. Neither party shall hold the other responsible for damage or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's
employees and agents.
C. In the event any provisions of this AGREEMENT shall be held to be invalid and unenforceable,
the remaining provisions shall be valid and binding upon the parties. One (1) or more waivers by
either party or any provision, term, condition, or covenant shall not be construed by the other
party as a waiver of subsequent breach of the same by the other party.
D. J -U -B shall render its services under this AGREEMENT in accordance with generally accepted
professional practices and Standard of Care. J -U -B makes no other warranty for the work
provided under this AGREEMENT.
E. Any opinion of the estimated construction costs prepared by J -U -B represents its judgment as a
design professional and is supplied for the general guidance of the CLIENT. Since J -U -B has no
control over the cost of labor and material, or over competitive bidding or market conditions,
J -U -B does not guarantee the accuracy of such opinions as compared to Contractor bids or
actual costs to the CLIENT.
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F. In soils investigation work and determining subsurface conditions for the PROJECT, the
characteristics may vary greatly between successive test points and sample intervals. J -U -B will
coordinate this work in accordance with generally accepted engineering practices and makes no
other warranties, expressed or implied, as to the professional advice furnished by others under
the terms of this AGREEMENT.
G. Any notice or other communications required or permitted by this contract or by law to be served
on, given to, or delivered to either party hereto by the other party shall be in writing and shall be
deemed duly served, given, or delivered when personally delivered to the party to whom it is
addressed or, in lieu of such personal service, when deposited in the United States mail, certified
mail, return receipt requested, addressed to the CLIENT at 2406 W. Washington Ave., Suite B,
Yakima, WA 98903 and to J -U -B at W. 422 Riverside, Suite 304, Spokane, Washington, 99201.
Either party, the CLIENT or J -U -B, may change its address for the purpose of this paragraph by
giving written notice of such change to the other party in the manner provided in this paragraph.
4.05 MEDIATION BEFORE LITIGATION
In an effort to resolve any conflicts that arise during the design and construction of the PROJECT or
following the completion of the PROJECT, the CLIENT and J -U -B agree that all disputes between them
arising out of or relating to this AGREEMENT or the PROJECT, except for the payment of J -U -B's fees,
shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties
mutually agree otherwise. The CLIENT further agrees to include a similar mediation provision in all
agreements with independent contractors and consultants on the PROJECT, and also to include a similar
mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators
on the PROJECT, thereby providing for mediation as the primary method for dispute resolution among
the parties to all those agreements.
This Contract shall be governed by and interpreted under the laws of the State of Washington. The
parties agree that in the event it becomes necessary to enforce any of the terms and conditions of this
Contract that the form, venue and jurisdiction in that particular action shall be in Yakima County, WA.
4.06 EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J -U -B and
supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both the CLIENT and J -U -B.
4.07 BREACH OF CONTRACT TERMS (49 CFR Part 18.36)
Any violation or breach of terms of this contract on the part of J -U -B or its subconsultants may result in
the suspension or termination of this contract or such other action that may be necessary to enforce the
rights of the parties to this Agreement.
CLIENT will provide J -U -B written notice that describes the nature of the breach and corrective actions
the J -U -B must undertake in order to avoid termination of the contract. CLIENT reserves the right to
withhold payments to Contractor until such time as J -U -B corrects the breach or the CLIENT elects to
terminate the contract. The CLIENT's notice will identify a specific date by which J -U -B must correct the
breach. CLIENT may proceed with termination of the contract if J -U -B fails to correct the breach by
deadline indicated in the CLIENT's notice.
The duties and obligations imposed by this Agreement and the rights and remedies available thereunder
are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed
or available by law.
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ARTICLE 5
SPECIAL PROVISIONS
5.01 INSURANCE AND INDEMNITY
A. J -U -B's Insurance. J -U -B agrees to procure and maintain, at its expense, Commercial General
Liability insurance of $2,000,000 combined single limit for personal injury and property damages,
and Professional Liability Insurance of $2,000,000 per claim for protection against claims arising
out of the performance of services under this Contract caused by negligent acts, errors, or
omissions for which J -U -B is legally liable, subject to and limited by the provisions in Subsection
5.01 D, "Allocation of Risks", if any. J -U -B shall deliver to the CLIENT, prior to execution of the
AGREEMENT by the CLIENT and prior to commencing work, Certificates of Insurance, identified
on their face as the Agreement Number to which applicable, as evidence that policies providing
such coverage and limits of insurance are in full force and effect. J -U -B shall acquire and
maintain statutory workmen's compensation coverage. Thirty (30) days advance notice will be
given in writing to the CLIENT prior to the cancellation, termination, or alteration of said policies of
Insurance.
B. Indemnification by J -U -B. To the fullest extent permitted by law, J -U -B shall indemnify and hold
harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and
employees from and against any and all claims, costs, losses, and damages (including but not
limited to all fees and charges of CLIENT, architects, attorneys, and other professionals, and all
court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT,
provided that any such claim cost, loss, or damage is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property (other than the Work itself),
including the loss of use resulting there from, but only to the extent caused by any negligent act,
error, or omission of J -U -B or J -U -B's officers, directors, partners, employees, or Consultants.
The indemnification provision of the preceding sentence is subject to and limited by the provisions
agreed to by CLIENT and J -U -B in Subsection 5.01 D, "Allocation of Risks," if any.
C. Indemnification by CLIENT. To the fullest extent permitted by law, CLIENT shall indemnify and
hold harmless J -U -B, J -U -B's officers, directors, partners, agents, employees, and Consultants
from and against any and all claims costs, losses, and damages (including but not limited to all
fees and charges of J -U -B, architects, attorneys, and other professionals, and all court,
arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided
that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or
death or to injury to or destruction of tangible property (other than the Work itself), including the
loss of use resulting there from, but only to the extent caused by any negligent act, error, or
omission of CLIENT or CLIENT's officers, directors, or employees, retained by or under contract
to the CLIENT with respect to this AGREEMENT or to the PROJECT.
D. Allocation of Risks. The CLIENT and J -U -B have discussed the risks, rewards and benefits of the
project and the design professional's total fee for services. The risks have been allocated such
that the CLIENT agrees that, to the fullest extent permitted by law, J -U -B's total liability to the
CLIENT for any and all injuries, claims, losses, expenses, damages or claims expenses arising
out of this agreement from any cause or causes, shall not exceed the total amount of Two Million
Dollars ($2,000,000). Such causes include, but are not limited to J -U -B's negligence, errors,
omission and strict liability. Neither CLIENT nor J -U -B shall be responsible for incidental, indirect
or consequential damages.
E. J -U -B reserves the right to obtain the services of other consulting engineers and consultants
experienced in airport work to prepare and execute a portion of the work that relates to the
PROJECT.
F. Nothing contained in this agreement shall create a contractual relationship with or a cause of
action in favor of a third party against J -U -B.
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5.02 CERTIFICATION OF J -U -B AND CLIENT
A. The CLIENT and J -U -B hereby certify that J -U -B has not been required, directly or indirectly, as
an expressed or implied condition in connection with obtaining or carrying out this contract, to:
1. employ or retain, or agree to employ or retain, any firm or persons; or
2. pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or
consideration of any kind.
B. A signed "Certificate for Contracts, Grants, Loans, and Cooperative Agreements" is included with
this agreement.
5.03 SUCCESSORS AND ASSIGNMENTS
A. The CLIENT and J -U -B each binds itself, its partners, successors, executors, administrators and
assigns to the other parties to this Agreement, and to the successors, executors, administrators
and assigns of such other party in respect to all covenants of this Agreement.
B. It is understood by the CLIENT and J -U -B that the FAA is not a party to this Agreement and will
not be responsible for engineering costs except as should be agreed upon by the CLIENT and
the FAA under a Grant Agreement for the PROJECT.
C. This Agreement may not be assigned except upon specific written consent of the CLIENT.
ARTICLE 6
FEDERAL ASSURANCES
6.01 CIVIL RIGHTS GENERAL
J -U -B agrees that it will comply with pertinent statutes, Executive Orders, and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age,
or disability, be excluded from participating in any activity conducted with or benefiting from Federal
assistance.
This provision binds J -U -B and subtier consultants from the solicitation period through the completion of
the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
6.02 CIVIL RIGHTS TITLE VI - NONDISCRIMINATION REQUIREMENTS
During the performance of this contract, J -U -B, for itself, subconsultants, its assignees and successors in
interest, agrees as follows:
A. Compliance with Regulations. J -U -B will comply with the Title VI list of Pertinent
Nondiscrimination Statutes and Authorities as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made
a part of this contract.
B. Non-discrimination. J -U -B, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, color, or national origin in the selection and retention of
subconsultants, including procurements of materials and leases of equipment. J -U -B will not
participate directly or indirectly in the discrimination prohibited by the 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 J -U -B for work to be performed
under a subcontract, including procurements of materials or leases of equipment, each potential
subconsultant or supplier will be notified by J -U -B of J -U -B's obligations under this contract and
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the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or
national origin.
D. Information and Reports. J -U -B will provide all information and reports required by the Acts,
Regulations and directives issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the CLIENT or
the FAA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.
Where any information required of J -U -B is in the exclusive possession of another who fails or
refuses to furnish this information, J -U -B will so certify to the CLIENT or the FAA, as appropriate,
and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of J -U -B's noncompliance with the Non-discrimination
provisions of this contract, the CLIENT will impose such contract sanctions as it, or the FAA, may
determine to be appropriate, including, but not limited to:
1. withholding of payments to J -U -B under the contract until J -U -B complies, and/or
2. cancellation, termination, or suspension of the contract, in whole or in part.
F. Incorporation of Provisions. J -U -B will include the provisions of paragraphs A through E in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, Regulations and directives issued pursuant thereto. J -U -B will take such action with respect
to any subcontract or procurement as the CLIENT or the FAA may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if J -U -B becomes involved
in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction,
J -U -B may request the CLIENT to enter into such litigation to protect the interests of the CLIENT.
In addition, J -U -B may request the United States to enter into such litigation to protect the
interests of the United States.
6.03 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this contract, J -U -B, for itself, its assignees, and successors in interest agrees
to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of
Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
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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).
6.04 DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part 26)
A. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of Yakima to
practice nondiscrimination based on race, color, sex or national origin in the award or
performance of this contract. The CLIENT encourages participation by all firms qualifying under
this solicitation regardless of business size or ownership.
B. Contract Assurance (§26.13). J -U -B shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. J -U -B shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by J -U -B to
carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
C. Prompt Payment (§26.29). J -U -B agrees to pay each consultant under this agreement for
satisfactory performance of its contract no later than 30 days from the receipt of each payment
J -U -B receives from the CLIENT. J -U -B agrees further to return retainage payments to each
subconsultant within 30 days after the subconsultant's work is satisfactorily completed. Any delay
or postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the CLIENT. This clause applies to both DBE and non -DBE
subconsultants.
6.05 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49 CFR Part 20, Appendix A)
A. No Federal appropriated funds shall be paid, by or on behalf of J -U -B, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment or modification of any Federal grant, contract, loan, or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any Federal contract, loan, grant, or cooperative agreement, J -U -B shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
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C. J -U -B shall require that the language of this certification be included in the award documents for
all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans,
and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
6.06 EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, J -U -B agrees as follows:
(1) J -U -B will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. J -U -B will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. J -U -B agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) J -U -B will, in all solicitations or advertisements for employees placed by or on behalf of the J -U -B,
state that all qualified applicants will receive considerations for employment without regard to
race, color, religion, sex, or national origin.
J -U -B will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the
said labor union or workers' representatives of the J -U -B's commitments under this section, and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(4) J -U -B will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
J -U -B will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(3)
(5)
(6) In the event of the J -U -B's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and J -U -B may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
J -U -B will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. J -U -B will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in the event J -U -B becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the J -U -B may request the United States to enter into such litigation to
protect the interests of the United States.
(7)
6.07 ACCESS TO RECORDS AND REPORTS
J -U -B must maintain an acceptable cost accounting system. J -U -B agrees to provide the CLIENT, the
FAA, and the Comptroller General of the United States or any of their duly authorized representatives
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access to any books, documents, papers, and records of J -U -B which are directly pertinent to the specific
contract for the purpose of making audit, examination, excerpts and transcriptions. J -U -B agrees to
maintain all books, records and reports required under this contract for a period of not less than three
years after final payment is made and all pending matters are closed.
6.08 TRADE RESTRICTION CERTIFICATION (49 CFR Part 30)
By submission of an offer, J -U -B certifies that with respect to this solicitation and any resultant contract,
the Offeror -
A. is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States
Trade Representative (U.S.T.R.);
B. has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against
U.S. firms as published by the U.S.T.R; and
C. has not entered into any subcontract for any product to be used on the Federal public works
project that is produced in a foreign country included on the list of countries that discriminate
against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18, United States Code, Section 1001.
J -U -B shall provide immediate written notice to the CLIENT if the J -U -B learns that its certification or that
of a subconsultant was erroneous when submitted or has become erroneous by reason of changed
circumstances. J -U -B shall require subconsultants provide immediate written notice to J -U -B if at any
time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to a subconsultant:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the U.S.T.R. or
2) whose 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 consultant is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
J -U -B agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for
certification without modification in in all lower tier subcontracts. J -U -B may rely on the certification of a
prospective subconsultant that it is not a firm from a foreign country included on the list of countries that
discriminate against U.S. firms as published by U.S.T.R, unless the J -U -B has knowledge that the
certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that J -U -B or subconsultant knowingly rendered an erroneous certification,
the Federal Aviation Administration may direct through the CLIENT cancellation of the contract or
subcontract for default at no cost to the CLIENT or the FAA.
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6.09 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION
J -U -B certifies, by submission of this proposal or acceptance of this contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
It further agrees by submitting this proposal that it will include this clause without modification in all lower
tier transactions, solicitations, proposals, contracts, and subcontracts. For each lower tier subcontract that
exceeds $25,000 as a "covered transaction", J -U -B shall verify each lower tier participant of a "covered
transaction" under the project is not presently debarred or otherwise disqualified from participation in this
federally assisted project. J -U -B will accomplish this by:
1) Checking the System for Award Management at website: http://www.sam.gov
2) Collecting a certification statement similar to the Certificate Regarding Debarment and
Suspension (Bidder or Offeror), above.
3) Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it
was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any
available remedies, including suspension and debarment of the non-compliant participant.
6.10 OCCUPATIONAL HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. J -U -B shall provide a work
environment that is free from recognized hazards that may cause death or serious physical harm to the
employee. J -U -B retains full responsibility to monitor its compliance and their subconsultant's compliance
with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910).
J -U -B will address any claims or disputes that pertain to a referenced requirement directly with the U.S.
Department of Labor — Occupational Safety and Health Administration.
6.11 FEDERAL FAIR LABOR STANDARDS ACT
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of
29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given
in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full
and part time workers.
J -U -B has full responsibility to monitor compliance to the referenced statute or regulation. J -U -B will
address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor
— Wage and Hour Division.
6.12 VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), J -U -B and all
sub -tier consultants must give preference to covered veterans as defined within Title 49 United States
Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans,
Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C.
632) owned and controlled by disabled veterans. This preference only applies when there are covered
veterans readily available and qualified to perform the work to which the employment relates.
6.13 TEXTING WHILE DRIVING.
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving" and DOT Order 3902.10 "Text Messaging While Driving" FAA encourages recipients of Federal
grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including
policies to ban text messaging while driving when performing work related to a grant or sub -grant.
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J -U -B has in place a policy within the J -U -B Accident Prevention plan that prohibits all employees from
texting and driving. J -U -B shall include these policies in each third party subcontract involved on this
project.
6.14 HUMAN TRAFFICKING
A. J -U -B, J -U -B's employees, and subcontractors may not engage in severe forms of trafficking in
persons during the period of time that the FAA award is in effect, procure a commercial sex act
during the period of time that the award is in effect, or use forced labor in the performance of the
award or sub -awards under the award.
B. For the purpose of this award term, "employee" includes:
1. An individual employed by you or a sub -recipient who is engaged in the performance of the
project or program under this award
2. Another person engaged in the performance of the project or program under this award and
not compensated by you, including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in-kind contribution toward cost sharing or
matching requirements.
C. For the purposes of this award term only, "forced labor" means labor obtained by any of the
following methods: the recruitment, harboring, transportation, provision, or obtaining of a person
for labor or services through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
D. For the purposes of this award term only, "severe forms of trafficking in persons," "commercial
sex act," and "coercion" have the meanings given at Section 103 of the TVPA, as amended (22
U.S.C. 7102).
6.15 ENERGY CONSERVATION
J -U -B and any subconsultants agree to comply with mandatory standards and policies relating to energy
efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq).
6.16 PROHIBITION OF SEGREGATED FACILITIES
(1) J -U -B agrees that it does not and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will not permit its employees to
perform their services at any location under its control where segregated facilities are
maintained. J -U -B agrees that a breach of this clause is a violation of the Equal Opportunity
clause in this contract.
(2) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees, that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, or national origin
because of written or oral policies or employee custom. The term does not include separate or
single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy
between the sexes.
(3) J -U -B shall include this clause in every subcontract and purchase order that is subject to the
Equal Opportunity clause of this contract.
6.17 CLEAN AIR AND WATER POLLUTION CONTROL
J -U -B agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. § 1251-1387). J -U -B agrees to report any violation to the CLIENT immediately upon discovery.
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The CLIENT assumes responsibility for notifying the Environmental Protection Agency (EPA) and the
Federal Aviation Administration.
J -U -B will include this requirement in all subcontracts that exceed $150,000.
IN WITNESS WHEREOF, the CLIENT and J -U -B hereto have made and executed this AGREEMENT as
of the day and year first above written.
CLIENT:
CITY OF YAKIMA
BY:
ATTEST
Name: Cliff Moore Name: Sonya Claar Tee
Title: City Manager Title: City Clerk
J -U -B:
J -U -B ENGINEERS, Inc.
By:
ATTEST
Name: Chuck A. Larson, P.E. Name: Brooke Holm
Title: Chairman
Applicable
Attachments
or Exhibit to
this
Agreement
are indicated
as marked
Attachment 1 — Scope of Services
Attachment 2 - Fee Breakdown
❑ Attachment 3 — Special Provisions
❑ Exhibit A — Construction Phase
Services
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CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of an 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 subawards at all tiers (including subcontractors, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Signed: Date:
Sponsor's Authorized Representative
Title:
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JUB �
JoU•IB ENGINEER, INC.
CLIENT: City of Yakima
20
J -U -B ENGINEERS, Inc.
FAA AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 1 — Scope of Services
PROJECT: Yakima Air Terminal McAllister Field
West GA Apron Rehabilitation Project — Design and
Bidding Phase Services
PFC # 15-15-C-00-YKM
For the purposes of this attachment, 'FAA Agreement for Professional Services' and 'the Agreement' shall refer to the document
entitled 'FAA Agreement for Professional Services,' executed between J -U -B and CLIENT to which this exhibit and any other
exhibits have been attached.
PROJECT DESCRIPTION
PFC NO. 15-15-C-00-YKM includes the Project Formulation, Design and Bidding Services for the following items:
• West General Aviation (GA) Apron Rehabilitation project. This project is anticipated to include rehabilitation of
approximately 22,000 square yards of asphalt pavement, associated surface drainage, tie -downs, pavement markings
and apron lighting. The West GA Apron will continue to accommodate light aircraft, heavy aircraft terminal apron
overflow, as well as helicopters. The overall tie -down layout will be evaluated and revised to meet standards and
improve efficiency. The project is anticipated to be bid with a base bid and alternate bid schedule(s) in order to match
the available project funding levels.
SCOPE OF SERVICES
J -U -B's Services under this Agreement are limited to the following:
A. Project Formulation Phase Services:
1. Conduct a Pre -design meeting with CLIENT and FAA.
2. Assist the CLIENT with Project scope development and formulation. J -U -B will prepare a Scope of Services
narrative and detailed description of all work tasks for CLIENT and FAA review and approval. Discuss review
comments and revise accordingly.
3. Upon approval of the Scope of Services, J -U -B will prepare a listing of work tasks in a spreadsheet with "empty
cells" for person -hours, hourly rates, expenses, and costs for the project. This spreadsheet will be used for both
J -U -B and the Independent Fee Estimator (IFE). J -U -B shall prepare a detailed cost proposal on the
spreadsheet, based on estimates of work to accomplish the Scope of Services.
4. J -U -B shall provide the CLIENT and the Independent Fee Estimator with a blank person -hour spreadsheet,
Scope of Services, and overall project estimate.
5. Prepare an Agreement for Professional Services for submittal and review by the CLIENT and FAA, including
the FAA Professional Service Agreement Checklist. The Agreement shall be comprehensive in description of
services and responsibilities of all contract parties.
6. Assist CLIENT in the submittal of FAA Sponsor Certifications. These include the "Selection of Consultants",
"Project Plans and Specifications", "Drug Free Workplace", "Equipment/Construction Contracts", "Certification
and Disclosure Regarding Potential Conflicts of Interest" and "Construction Project Final Acceptance".
B. Design Phase Services:
1. Assemble and review mapping, plans, documents and other available information.
2. Perform a site field walk through and review project goals with CLIENT'S personnel.
3. Conduct a topographic survey of the West GA apron area. Survey will include a portion of the terminal apron
within the SIDA area. The survey will include a 25-50' grid, grade breaks, drainage, utilities, structures, pipe
inverts, and verification of existing control points.
• Develop preliminary base CADD maps for design development
J -U -B Agreement for Professional Services
FAA Attachment 1 — Scope of Services (REV 1/15) Page 1-1
21
4. Develop apron layout alternatives (3). Submit to Sponsor for review and revise as necessary.
5. Conduct geotechnical investigations, through a subconsultant, in conformance with requirements described in
FAA Advisory Circular 150/5320-6F "Soil Investigation and Evaluation" to include subgrade characterizations
between subgrade and asphalt, frost substitutability of base/sub-base materials, subgrade, frost depths,
drainage capabilities, moisture density relationship, sieve analysis and CBR analysis as follows:
• Perform a visual field reconnaissance with airport and J -U -B staff.
• Complete borings at random locations, approximately twenty (20) locations. The borings shall be extended
to a minimum depth of five (5) feet or refusal.
• Core existing pavement in ten (10) locations. Laboratory test core and asphalt base course and subbase
course characteristics.
• Borings will be immediately patched with a high early concrete or approved equal.
• Samples of the soil and pavement will be collected for laboratory analysis including laboratory CBRs.
• Static water levels, if groundwater is present, will be measured.
• Prepare an engineering report of findings.
6. Develop pavement section alternatives and recommendations based on FAA guidelines. Conduct a review
meeting with CLIENT to discuss the pavement options and select a preferred alternative. Engineer may be
required to develop additional alternatives based on comments from the FAA. Work shall comply with the FAA
AC 150/5320-6F "AIRPORT PAVEMENT DESIGN AND EVALUATION" current edition; including current FAA
pavement design software.
• If asphalt is the selected alternative, Engineer shall research and determine PG type of Bituminous material
based on local climate, aircraft load, and consider whether bump grading is necessary.
7. Prepare preliminary plans, details and sections for pavement rehabilitation per current FAA Advisory Circulars
required for Use in AIP Funded and PFC Approved Projects, January 24, 2017. See anticipated plan sheets,
Exhibit B.
8. Review existing Industrial Stormwater General Permit (ISGP) and Stormwater Pollution Prevention Plan
(SWPPP, 2015) for the Yakima airport site. The CLIENT has provided a copy of the airport SWPPP. Prepare
preliminary GA apron stormwater drainage pre-treatment solutions memorandum based in part on discussions
with Washington State Department of Ecology (DOE). Alternatives will be limited to areas upstream of the
existing GA apron catch basin and stormwater conveyance system.
9. Develop a project specific draft SWPPP and apply for a Construction Stormwater General Permit (CSWGP)
through the DOE.
• Meetings (2) with the DOE, 1 in person meeting and 1 telephone conference call.
• Develop a draft SWPPP specific to the West GA Apron Rehabilitation to be accepted by the awarded
contractor. The SWPPP will be prepared using the latest DOE SWPPP template.
• Submit a Notice of Intent (NOI) for a CSWGP with the DOE. The SWPPP will be transferred, via a Notice
of Transfer, to the awarded contractor prior to issuance of the Notice to Proceed, anticipated
spring/summer of 2018.
10. Prepare preliminary electrical plans, details, and sections for Apron lighting. There are 3 existing vehicle parking
lot style lights that will be converted to apron floodlights. The new apron lights will utilize the existing light
foundations. Research will include drawings from the light installation project.
11. Prepare preliminary bidding contract documents and technical specifications using applicable FAA construction
specifications (AC 150/5370-10, Standards for Specifying Construction at Airports and current Northwest
Mountain Region Notice).
12. Prepare preliminary construction cost estimates, phasing into workable portions for constructability, budget, and
construction schedule. The project is anticipated to be bid with a base bid consisting of a majority of West GA
apron area along with one (1) or two (2) additive bid schedules consisting of the remainder of the West GA
apron area.
13. Prepare Preliminary Design Report.
• Conduct in-house quality control/quality assurance review.
• If a "modification to standards" must be prepared for approval by Air Traffic, Flight Standards, and Airway
Facilities, submit for approval in accordance with Order 15300 .1E. Submit "Modifications to Design
Standards." Modification to Standards are not anticipated for this project.
J -U -B Agreement for Professional Services
FAA Attachment 1 — Scope of Services (REV 1/15) Page 1-2
22
• Design report shall describe pavement alternatives along with a life -cycle cost analysis.
• Submit a completed "Plans and Specifications Review Items Checklist" with final design documents for
FAA review.
• Include Design Summary form 5100-1 and frost design.
• Include reference to Engineering Policy 94-03 Design of Sub drain System for Pavements.
14. Submit Design Report, preliminary plans and specifications for FAA and CLIENT review. Engineer shall provide
project schedule and 60%, 90% and 100% plans to FAA.
15. Incorporate FAA and CLIENT personnel design comments. Respond as necessary to additional information.
16. Finalize construction contract plans, details, and sections.
17. Prepare a Construction Safety and Phasing Plan (CSPP) to accommodate varying work components that need
to meet prescribed schedules or procedures. Attend a local pilot forum (1) to review potential operations
impacts. Phasing plans will identify work areas relative to aircraft movement areas to minimize disruption to
aircraft operations during construction.
• Review CSPP with CLIENT and ATC, revise and submit to FAA.
18. Finalize bidding contract documents and technical specifications.
19. Complete final quantity calculations and prepare Engineer's Estimate of Probable Construction Cost.
20. In-house quality control review.
21. Submit final documents to FAA and CLIENT for review and approval.
22. Analyze opportunities for Disadvantaged Business Enterprise (DBE) participation during construction and assist
CLIENT in setting DBE goals. Prepare a 3 -year DBE goal update for the anticipated Project years 2019 to 2021.
23. Provide 25 sets of half size printed bidding documents.
24. Provide assistance to the CLIENT in the coordination of the project and other issues that arise during the course
of the project. This can include, but is not limited to, reviews, letters, and reports, requests for reimbursement,
form preparation, and attendance at City Council meetings.
C. Bidding Phase Services:
1. Assist CLIENT with bid advertisement. Administer the public bid advertisement process including bid document
reproduction and distribution of documents to plan rooms, contractors and suppliers. Submit advertisements to
appropriate newspaper(s) and trade magazines as required for publication. Maintain a "bidders list" and
distribute plans as requested.
2. Provide Pre -Bid Conference coordination to familiarize bidders and interested parties with the construction
project scope and requirements. Prepare a detailed agenda and displays, prepare and issue conference
minutes. It is anticipated that J -U -B will conduct this meeting at the Airport.
3. Prepare Bid Addendums. Addenda are normally required in response to Contractor questions and/or design
changes initiated by the CLIENT and/or the FAA. Includes costs for the preparation of three Addendums.
4. Respond to questions that arise during the Contractor's or supplier's bid preparation process.
5. Assist the CLIENT in conducting the project Bid Opening as required, including preparation of a Project Bid
Summary. It is anticipated that J -U -B will coordinate and attend this meeting at the City.
6. Prepare detailed Bid Tabulations documenting bid results and submit to the CLIENT and the FAA.
7. Assist the CLIENT with review and analysis of bids received. J -U -B will assist in determining the
"responsiveness" of bid submittal(s). Provide letter of recommendation for award along with price/cost analysis
to CLIENT. Advise the CLIENT of possible action in cases where bids exceed budget for the work to be
performed by the Contractor.
ASSUMPTIONS
— No SMS plan is required on this project.
— No AGIS survey is required for this project.
— No ALP update, this will be completed as a part of the Construction Engineering scope of work.
— A storm pipe condition assessment was completed by the City of Yakima, pipe condition was determined to be
satisfactory. Stormwater pipe replacement will not be a part of this project.
— No EA or EIS is included within this scope of work.
— A Categorical Exclusion determination has been obtained, October 31, 2017.
J -U -B Agreement for Professional Services
FAA Attachment 1 — Scope of Services (REV 1/15) Page 1-3
23
- DBE Program Plan is updated and approved.
- No Sign modifications will be included.
- No increase in impervious area is anticipated for this project.
- Updates to the 2015 SWPPP will be included in the construction phase portion of this project
J -U -B Agreement for Professional Services
FAA Attachment 1 — Scope of Services (REV 1/15) Page 1-4
24
EXHIBIT B
ANTICIPATED PLAN SHEETS
Sheet No. Sheet Title
G-1 Cover Sheet
G-2 General Site Plan and Survey Control Legend
G-3 Construction Safety Plan and Notes
G-4 Construction Phasing Plan, Phase A
G-5 Construction Phasing Plan, Phase B
G-6 Construction Phasing Plan, Phase C
G-7 Erosion and Sediment Control Plan
C-1 Demo Plan
C-2 Demo Plan
C-3 Apron Layout and Grading Plan
C-4 Apron Layout and Grading Plan
C-5 Apron Layout and Grading Plan
C-6 Apron Layout and Grading Plan
C-7 Pavement Sections and Details
C-8 Drainage Plan & Profiles
C-9 Drainage Details
C-10 Tie -down and Marking Details
E-1 Electrical Sheet
E-2 Electrical Sheet
J -U -B Agreement for Professional Services
FAA Attachment 1 — Scope of Services (REV 1/15) Page 1-5
ATTACHMENT 2
PROJECT TITLE:
CLIENT:
JOB NUMBER:
DATE:
Yakima Air Terminal McAllister Field West GA Apron
City of Yakima
70-17-050
11/29/2017
Rehabilitation Project - Design and Bidding Only
TASK
NO PROJECT TASK
Principal
$216.00
Proj.
Mgr.
$130.00
Sr.
Engr
$209.00
PE/
Desnr
$142.00
Design
Engr.
$110.61
EIT
$95.00
Survey
PLS
$172.73
2 -Person
Survey
Crew
$175.00
Cadd
Oper.
$95.00
Cler.
$91.10
Trips TOTAL
HRS
TASK
DIRECT
COSTS
1.01.A Project Formulation Phase Services
1 Conduct Pre -Design Meeting
4
4
0
0
0
0
0
0
0
0
1
8
$1,384.00
2 Finalize Work Scope
2
10
2
0
0
0
0
0
0
4
18
$2,514.40
Prepare IFE spreadsheet and project fee
3 spreadsheet
0
1
0
0
0
0
0
0
0
3
4
$403.30
4 Provide IFE spreadsheet, scope of work
and overall project estimate
0
1
0
0
0
0
0
0
0
2
3
$312.20
5 Prepare agreement for professional services
1
4
1
0
0
0
0
0
0
4
10
$1,309.40
6 Assist with FAA Sponsor Certifications
0
2
0
0
0
0
0
0
0
2
4
$442.20
1.01.B Design Phase Services
1 Assemble and review mapping, plans and
documents
0
8
0
2
6
8
0
0
0
2
26
$2,929.86
2 Perform site field walk through
0
10
10
0
0
0
0
0
0
0
1
20
$3,390.00
3 Topographic survey'
Control Survey
0
0
0
0
0
0
2
2
0
0
4
$695.46
Utility locate and topographic survey
0
0
0
8
0
0
0
20
0
0
1
28
$4,636.00
CADD base mapping
0
1
0
2
0
0
4
0
20
0
27
$3,004.92
4 Develop apron layout alternatives (3)
0
7
3
6
8
10
0
0
16
0
50
$5,743.88
5 Conduct geotechnical investigations
0
2
0
8
0
0
0
0
0
0
1
10
$1,396.00
6 Develop pavement section alternatives
0
8
2
4
4
6
0
0
16
0
40
$4,558.44
Prepare preliminary plans, details and
7 sections for pavement rehabilitation
0
6
4
8
10
14
0
0
60
0
102
$10,888.10
Review existing Industrial Stormwater
8 General Permit and SWPPP
0
1
0
2
2
5
0
0
0
0
10
$1,110.22
Develop a project specific draft SWPPP
9 and apply fora Notice of Intent
0
6
2
6
10
14
0
0
6
0
44
$5,056.10
Prepare preliminary electrical plans, details
to and sections for apron lighting
0
2
0
4
0
0
0
0
2
0
8
$1,018.00
11 Prepare preliminary bidding documents
0
6
2
8
10
12
0
0
0
18
56
$6,219.90
Prepare preliminary construction cost
12 estimates
0
2
2
4
6
8
0
0
0
0
22
$2,669.66
13 Prepare Preliminary Design Report
0
6
2
8
12
14
0
0
2
6
50
$5,727.92
Submit Design Report, Plans and Contract
14 Documents
1
2
1
0
0
0
0
0
0
4
8
$1,049.40
15 Incorporate comments
0
2
1
4
0
0
0
0
0
8
15
$1,765.80
Finalize construction plans, details &
16 sections
0
8
2
6
8
10
0
0
32
8
74
$7,913.68
Atta h,,,ent 2 - Foo B,aakdown Nov 29 2017 ChargeRates
Page A2-1
ATTACHMENT 2
PROJECT TITLE:
CLIENT:
JOB NUMBER:
DATE:
Yakima Air Terminal McAllister Field West GA Apron
City of Yakima
70-17-050
11/29/2017
Rehabilitation Project - Design and Bidding Only
TASK
NO PROJECT TASK
Principal
$216.00
Proj.
Mgr.
$130.00
Sr.
Engr
$209.00
PE/
Desnr
$142.00
Design
Engr.
$110.61
EIT
$95.00
Survey
PLS
$172.73
2 -Person
Survey
Crew
$175.00
Cadd
Oper.
$95.00
Cler.
$91.10
Trips TOTAL
HRS
TASK
DIRECT
COSTS
Prepare Construction Safety & Phasing
17 Plan (CSPP)
0
8
1
8
8
10
0
0
8
8
51
$5,708.68
Finalize bidding contract documents and
18 technical specifications
0
8
2
10
12
14
0
0
2
2
50
$5,907.52
Final quantity calcs & Engineer's Opinion
19 of Probable Construction Cost
0
2
1
4
0
6
0
0
0
0
13
$1,607.00
zo In-house QA/QC
2
2
8
0
0
0
0
0
0
0
12
$2,364.00
21 Submit final documents to FAA & Client
0
2
2
0
0
0
0
0
0
2
6
$860.20
22 Analyze opportunities for DBE
0
1
0
6
8
0
0
0
0
2
17
$2,049.08
Provide 25 sets of half size printed bidding
23 documents
0
1
0
0
0
0
0
0
0
4
5
$494.40
Provide assistance to the CLIENT in the
coordination of the project and other issues
24 that arise during the course of the project
0
12
8
3
3
0
0
0
0
2
28
$4,172.03
1.01.0 Bidding Phase Services
1 Assist with bid advertisement
0
1
1
0
0
0
0
0
0
2
4
$521.20
2 Provide Pre-bid conference coordination
0
10
10
8
0
0
0
0
0
1
1 29
$4,617.10
3 Prepare bid addendums
0
2
2
4
1
4
0
0
2
4
19
$2,291.01
4 Answer bidder's questions
0
4
1
6
6
6
0
0
0
1
24
$2,905.76
5 Assist with bid opening
0
2
0
10
0
0
0
0
0
2
1 14
$1,862.20
6 Prepare bid tabulations
0
1
0
1
1
0
0
0
0
2
5
$564.81
7 Assist with review and analysis of bids
0
6
2
4
4
0
0
0
0
4
20
$2,572.84
Attaohmo„t 2 - Foo B,aakdown Nov 29 2017 ChargeRates
Page A2-2
ATTACHMENT 2
PROJECT TITLE: Yakima Air Terminal McAllister Field West GA Apron Rehabilitation Project - Design and Bidding Only
CLIENT: City of Yakima
JOB NUMBER: 70-17-050
DATE: 11/29/2017
TASK
NO
PROJECT TASK
2 -Person
Principal Proj. Sr. PE/ Design EIT Survey Survey Cadd TASK
Mgr. Engr Desnr Engr. PLS Crew Oper. Cler. Trips TOTAL DIRECT
$216.00 $130.00 $209.00 $142.00 $110.61 $95.00 $172.73 $175.00 $95.00 $91.10 HRS COSTS
LABOR:
Labor Subtotal
10 161 72 144 119 141 6 22 166 97 6 938 $114,636.67
Cost Air Ground Trip
EXPENSES: Per Unit Trips Trips Hours Miles Markup
Air Travel $600.00 1 1.0 $600.00
Mileage $0.540 6 414 1.0 $1,341.36
Per Diem $46.00 0 1.0 $0.00
Lodging $83.00 0 1.0 $0.00
GPS Survey Unit
Printing
$18.00 6 1.0 $108.00
$1,250.00 1.0 $1,250.00
SUBCONSULTANTS:
Budinger Associates $28,858 1.0 $28,858.00
2 Elcon Associates $11,069 1.0 $11,069.00
3 $0 1.0 $0.00
Subtotal - Labor + Overhead + Fixed Fee $114,636.67
Subtotal - Expenses $3,299.36
Subtotal - Subconsultants $39,927.00
Total - Project Formulation, Design, and Bidding Phase Services $157,860.00
Atta h,,,ent 2 - Foo B,aakdown Nov 29 2017 ChargeRates
Page A2-3