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07/17/2018 06G Airport Construction Agreement with JUB Engineering; West General Aviation Apron RehabilitationBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.G. For Meeting of: July 17, 2018 ITEM TITLE: Resolution authorizing an agreement with JUB Engineering, Inc. in the amount not to exceed $228,410 for Construction 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 25,000 square yards of asphalt and requires rehabilitation in order to meet Federal Aviation Administration safety standards. JUB Engineering, Inc. will assist the airport in coordinating construction crews to rehabilitate the aging asphalt in order to meet Federal Aviation Administration standards. Ninety percent (90%) of the funds to cover the agreement and rehabilitate the West General Aviation Apron are provided through a grant with the Federal Aviation Administration. The remaining funding match is provided through the airport's Passenger Facility Charge program. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: N/A Yes Public Safety Acting City Manager ATTACHM E NT S : Description Upload Date D Resdutkn 6/22/2018 0 JUB 7/112018 Type Resolution Car Memo 2 A RESOLUTION 3 RESOLUTION NO. R -2018 - authorizing a Construction Services Agreement with JUB Engineering, Inc. in the amount not to exceed $228,410 for Construction Services to rehabilitate the West General Aviation Apron funded by Airport Improvement Project 3-53-0089- 41 and PFC 17-16-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 Construction Services Agreement with JUB Engineering, Inc. to provide oversight of construction activities in order to rehabilitate approximately 25,000 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 $205,569 of federal grant funds and approximately $22,841 of Passenger Facility Charges as the airport's local match to fund the Construction 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 Construction Service Agreement during the 2018-2019 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 Construction Services Agreement with JUB Engineering, Inc. in the amount not to exceed Two Hundred Twenty -Eight Thousand Four Hundred and Ten dollars ($228,410), to provide Construction Services for the airport's West General Aviation Apron Airport Improvement Project 3-53-0089-41 and PFC 17- 16-C-00-YKM. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk 4 AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT) West GA Ramp Rehabilitation, A.I.P. 3-53-0089-042-2018 Yakima Air Terminal, McAllister Field, Washington THIS AGREEMENT is made as of the day of July, 201 between, City ofYakima, 129 No. 2nd Street, Yakima, WA 98901 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, consisting of the foliowing: Construction of West General Aviation (GA) apron for rehabilitation of asphalt pavement. 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 construction engineering services in relation to the PRCUECT, including normal civil engineering services related thanebo, 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 Iocality. 1.02 SCHEDULE OF SERVICES TO BE PERFORMED J -U -B will perform said Services as foliows: July 17, 201 8 to March 1, 2019 This schedule shall be equitably adjusted as the PROJECT proQnaaaoa, allowing for changes in acope, 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 March 1, 2019. ln 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 CL|ENT. J -U -B agrees to furnimh, or obtain from othern, 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 A0nammmnt, 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 othkos, wa|houhs, or other labor diopubeo, including acts relating to settlement of minority group problems. O. Mitigation work identified in the environmental review. E. Additional services when the PROJECT involves more than two construction contracts or separate equipment contracts. Airports FAA Standard Contract (Rev, 6-18) YAT-JLIB Agreement -West Gen Aviation Apron- Final 88 Page 1 5 F. Review the PROJECT prior to expiration of the guarantee period and report observed discrepancies under guarantee provided by the construction contract. G. Extended services during construction made necessary by: 1) work damaged by fire or other cause during construction; 2) defective or incomplete work of the Contractor causing delays n the project resulting in additional costs to J -U -B; 3) prolongation of the initial construction contract time beyond the contract time; 4) acceleration of the work schedule involving services beyond established office working hours; and 5) the Contractor's default under the construction contract due to delinquency or insolvency. H. Assist the CLIENT in resolving disputes over claims, bankruptcy, legal complaints or default of the Contractor. ARTICLE 2 CLIENT'S RESPONSIBILITIES 2.01 CLIENT'S RESPONSIBILITIES The CLIENT shall Furnish the following services at the CLIENT'S expense and in such a manner tha J-U-B may rely upon them in the performance of its services under this AGREEMENT: A. Oooignate, in vvhUng, 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 dooummnbe, interpret and define the CLIENT'S pm|iuiee, 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 p000enoion, including maps, oumeyo, property descriptions, bohngn, and other information required by J -U -B and relating to its work. C. Hold promptly all required special nneaUngs, serve all required public and private nobceo, receive and act upon all protests and fulfill all requirements necessary in the development of the PROJECT and pay all costs incidental thereto. O. Provide |ega|, 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 p|ana, reports and atudioo, 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 p|ane, nepnrtn, and otudimo. 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 thereto advertising. Airports FAA Standard Contract (Rev. 6-18) YAT-JUE1 Agreement -West Gen Aviation Apron- Final 88 Page 2 6 L. When identified in the construction contract dooummnte, provide construction surveys and materials testing by the successful contractor. ARTICLE 3 J -0 -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 A. Bidding and Construction Phase 1. The CLIENT shall compensate J -U -B for the Bidding and Construction Phase, Section(s) A and B in Attachment 1. on a Cost -Plus -Fixed -Fee basis. The CLIENT shall reimburse J -U -B for the following items: a. Payroll Cost: Actual salaries paid J -U -B's emp|oyaea, without morkup, for the time such employees are directly used on work necessary to fulfill the terms of this AGREEMENT. Reasonable salary inonaamas, promotions and other payroll adjustments during the course of this work are acceptable subject to approval by the CLIENT. At the request of the CLIENT, a list of names of personnel actually working on this project and their salaries shall be submitted prior to the start of work on the project and shall be updated as needed to reflect any changes. b. Payroll Additives: Additives representing the employee benefits based on payroll cost shall be computed as a percentage of the payroll cost above. For the purposes of this AGREEk8ENT, that additive shall be 89.83 percent of the payroll cost based on existing oudite, cost data, and other information mutually agreed to by both parties. This factor is subject to adjustment by the parties based on audits occurring during the life of this AGREEMENT. Independently prepared cost data shall be mubmittad, at the request of the CL|ENT, at intervals not less than every 18 months to support the payroll additives for this AGREEMENT. c. General and Administrative Overhead Cost: These overhead costs shall be in accordance with Federal requirements contained in the 41 CFR 1-15. These costs shall be computed at 98.42 percent of the payroll costs above. This percentage may be adjusted by the parties based on audits occurring during the life of this AGREEMENT. Independently prepared cost data shall be submitted to the CLIENT at intervals not less than every 18 months to support the General and Administrative Overhead for this AGREEMENT. d. Direct Cost and Out -of -Pocket Cost: These costs shall be directly related to this project and determined in accordance with Federal requirements contained in 41 CFR 1-15. e. Fixed Fee: The Fixed Fee for performance completed under this task shall be Twenty Three Thousand, Six Hundred Seventy Two Dollars and Fifty Three Cents ($23,672~53). Should there be a change in the scope of work under this AGREEMENT; the fixed fee shall be negotiated with an appropriate adjustment for change in the scope of work. Additional fixed fees, as approved as a portion of Supplemental Engineering AQnaamento, shall be in addition to the above agreed upon amount. FAA participation in those costs is conditioned on their approval of the increased costs. 2. Total estimate for Bidding and Construction Phaoa, including fixed fee, for the work under this AGREEMENT shall not exceed Two Hundred Twenty Eight Thousand, Four Hundred Ten Dollars and No Cents ($228.410.8O). This maximum amount is subject to adjustment in the event of any approved increases in scope of service as approved by the CLIENT and the FAA and documented by approved Supplemental Engineering Agreements. 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 abmbamente, inxoinos, or other evidences of performance furnished to and approved by the CLIENT. All claims for payment will be Airports FAA Standard Contract (Rev. 6-18) YAT-JUB Agreement -West Gen Aviation Apron- Final 88 Page 3 7 submitted in a form compatible with current practices and acceptable to the CLIENT. Partial payments will include payroll coeto, payroll burden and general and administrative ovorhemd, 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. Airports FAA Standard Contract (Rev. 6-18) ,AT-JUB Agreement -West Gen Aviation Apron- Final �0-160 Page 4 8 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 This Agreement was submitted to the Client on 2018. LIENT agrees to provide J -U -B a notice to proceed with Services within 120 days of the submittal date of this Agreement. If the notice to proceed with Services is delayed beyond 120 days from the submittal date of this Agnmommnt, 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 da|oyed, or ifJ-U'B'o 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 CL|ENT, terminate this Agreement and the CLIENT shall compensate J -U -B in accordance with the termination provisions contained hereafter in this Agreement. O. No deductions shall be made from J -U -B's compensation on account of penalty, liquidated damages, or other sums that may be withheld from payments to Contractors. ARTICLE 4 GENERAL PROVISIONS 4.01 OWNERSHIP OF DOCUMENTS Upon the request of the CL|ENT. J -U -B shall furnish the CLIENT copies of all maps, plots, drawingo, 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 hepein, 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 -UB ENGINEERS, Inc., attached thereto. Final submittal ofJ'U-B'swork product shall be in hard -copy format and no electronic design files will be submitted as part of the PROJECT, unless expressly requested. 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 dehond, indennnifv, and hold harmless J -U -B from all claims, dmmna0ms, 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. Airports FAA Standard Contract (Rev, 6-18) YAT-JUB Agreement -West Gen Aviation Apron- Final BB Page 5 9 4.02 DELEGATION OF DUTIES Neither the CLIENT nor J -U -B shall de|egabe, nooign, 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 AQvoemont. J -U -B must deliver to the CLIENT all data, oun/eya, mode|o, dnavvingm, opeoificotimna, naporta, maps, phobognypho, osUmoban, oummoriea, and other documents and materials prepared by J -U -B under this nontoact, 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 nclude 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 tofulfill 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 breooh, the conditions necessary to cure the bnaoch, 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, mun/eyo, mode|o, dravvingo, opmnifiootione, repoda, maps, phobognaphm, eatimotem, oummorieo, and other documents and materials prepared by J -U -B under this contract, whether complete or partially complete. LIENT 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. Airports FAA Standard Contract (Rev. 6-18) YAT-JUB Agreement -West Gen Aviation Apron- Final 88 Page 6 10 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 obunder this Agreement; b. Fails to make payment to J -U -B in accordance with the terms of this Agreement; c. Suspends the Pject 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, J -U -B is entitled to invoice CLIENT and to recive 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, |oohouta, occidmnba, 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 unanfonoeob|a, the remaining provisions shall be valid and binding upon the parties. One (1) or more waivers by either party or any pnoviaion, term, oondiUon, 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 cost prepared by J -U -B represents its judgment as a design professional and is supplied for the general guidance of the CLIENT. Since J -U -B has no control over the cost of labor and mntario|, or over competitive bidding or market omndidons. J -U -B does not guarantee the accuracy of such opinions as compared to Contractor bids or actual costs to the CLIENT. F. 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 d given,delivered h U delivered the to whom it is addressed or, in lieu of such personal service,when ted in the Unmail, certified mmai|, return receipt addressed to the CLIENT at 129 No. 2nd Street, Yakima, WA 98901 and to J -U -B at W. 422 Rivmroide, Suite 304, Gpokane, Washington, 88201. 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. Airports FAA Standard Contract (Rev. 6-18) YAT-JUB Agreement -West Gen Aviation Apron- Final 7-10-108 Page 7 11 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 ofJ-U-B'o 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, muboonsu|tants, 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 Counb/, Washington. 4.06 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J -U -B and supersedes all prior neooUatione, rapueoentoUono, or agreennmnto, either written or oralThis 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 oblimposed by this Agreement and the rights and remedies available thereunder are in addition to, and note limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 4.08 CONSTRUCTION CONTRACTOR'S RESPONSIBILITY Visits to the construction site and observations made by J -U -B's design staff as part of their services shall not relieve the construction Contractor of his obligation to conduct comprehensive inspection of the work sufficient to ensure conformance with the intent of the Contract [}ocumanbo, and shall not relieve the construction Contractor of his full responsibility for all construction meono, nnmthodo, beohniquao, sequences and procedures necessary for coordination and completing all portions of the work under the construction contract and for all safety precautions related thereto. Such visits by J -U -B's design staff are not to be construed as part of the observation duties of the on-site observation personnel defined in other parts of this Agreement. 4.09 FUNCTION OF ON-SITE OBSERVATION AND PERSONNEL If the scope of services includes construction engineering, J -U -B may be required to act as the Resident Engineer on the PROJECT. When so stipulated, the Resident Engineer and on-site observation personnel will make reasonable efforts to guard the CLIENT against defectsand deficiencies in the work of the Contractor and to help determine if the provisions of the Contract Documents are being fulfilled. When construction engineering is included as services of this agreement, Standard Exhibit A — Construction Phase Gervioes, attaohed, outlines the specific responsibilities of J'U-B, acting as the Airports FAA Standard Contract (Rev. 6-18) VAT-JUB Agreement -West Gen Aviation Apron- Final 7-10-108 Page 8 12 Resident Engineer during construction. Their day-to-day observation will not, however, cause J -U -B to be responsible for those duties and responsibilities that belong to the construction Contractor and that inc|ude, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions related to the construction and commissioning of the work. ARTICLE 5 SPECIAL PROVISIONS 5.01 INSURANCE AND INDEMNITY �_J-U-B�|nuunanoe. 1. At all times during performance of the Sen/iomo. JUB shall secure and maintain in effect insurance to protect the Client and JUB from and against all claims, damages, |oasao, and expenses arising out of or resulting from the performance of this Contract. JUB shall provide and maintain in force insurance in limits no less than that stated be|ovv, as applicable. The Client reserves the right to require higher limits should it deem it necessary in the best interest of the public. 2. Commercial General Liability Insurance. Before this Contract is fully executed by the padiee. JUB shall provide the Client 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.O0) general aggregate (per project). The policy shall include employers liability (Washington Stop Gap). The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the C|iant, its elected officia|a, offioonm, ogants, annp/oyeeo, and volunteers as additional insureds. The insurance shall be with an insurance company or companies rated A-V|| or higher in Best's Guide and admitted in the State of Washington. 3 Commercial Automobile Liability Insurance. a. If JUB owns any vehio|nn, before this Contract is fully executed by the portioe. JUB shall provide the Client with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2.000.000.00) per occurrence combined single limit bodily injury and pnopertydanna8e. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If JUB does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this Contnect, which is Section 2 entitled "Commercial Liability Insurance". c. Under either situation described above in Section 3.a and Section 3.b, the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the C|imnt, its elected offioim|o, offinero, a0enbs, emp|oyemo, and volunteers as additional insureds. The insurance shall be with an insurance company or companies rated A -VD or higher in Best's Guide and admitted in the State of Washington. 4. Professional Liability Coverage. Before this Contract is fully executed by the pmrtieo. JUB shall provide the Client with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2.000.000.0O) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2.000.000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with Airports FAA Standard Contract (Rev. 6-18) YAT-JUB Agreement -West Gen Awation Apron- Final m. Page 9 13 an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. B. Indemnification by J -U -B. To the fullest extent permitted by law, J -U -B shall indemnify and hold harmless CLIENT, and CLIENT's offioone, dinocbono, partnars, o0antm, oonnu|anta, and employees from and against any and all claims, costs, |ooaaa, and damages (including but not limited to all fees and charges of CLIENT, onohibeoto, attorneym, and other pnofmoniono|s, and all court, arbitraUon, or other dispute resolution costs) arising out of or relating to the PR[}JECT, provided that any such claim cost, |oaa, or damage is attributable to bodily injury, sioknamm, dioeosa, or daath, or to injury to or destruction of tangible property (other than the Work itme|D, 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 offioero, dineotoro, partnmno, 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 5.01D, "Allocation of Risks," if any. Indemnification by CLIENT. To the fullest extent permitted by |oxv. CLIENT shall indemnify and hold harmless J -U -B, J -U -B's officers, directono, portnmno, aganto, employees, and Consultants from and against any and all claims costs, |000eo, and damages (including but not limited to all fees and charges of J -U -B, onuhiteoto, attmrnayn, and other prof000iona|s, and all nourt, orbitneUon, or other dispute resolution costs) arising out of or relating to the PR{]JECT, provided that any such claim cost, |000, or damage is attributable to bodily injury, sinhnoos, diaeooa, 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, ernzr, or omission of CLIENT or CLIENT's oMicera, dinacbora, 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 rimka, rewards and benefits of the project and the design professional's total fee for services. The risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by |avv. J -U -B's total Iiability to the CLIENT for any and all injuries, claims, |00000, exponemn, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of Million Dollars ($2.000.000). Such causes ino|ude, but are not limited to J -U -B's nag|iganua, e,rmro, omission and strict liability. Neither CLIENT nor J -U -B shall be responsible for inoidanto|, 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. 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 raquirod, 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, oontribudon, donation or consideration of any kind B. A signed "Certificate for Contracts, Gnynto. 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 partnero, ouone000no, exmcutono, administrators and assigns to the other parties to this Agreement, and to the successors, mxeuutons, administrators and assigns of such other party in respect to all covenants of this Agreement. Airports FAA Standard Contract (Rev. 6-18) YA/x*Agreement-West Gen Aviation Apron- Final �0-108 Page 10 14 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 C}ndars, and such rules as are promulgated to ensure that no person shall, on the grounds of race, cread, color, national ohgin, sex, age, or dioebi|ib/, 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, suboonnultents, 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 Acts and Authorities as they may be amended from time to time (hereinafter referred to as the Ragu|sdionn), which are herein incorporated by reference and made a part of this contract. B. J -U -B, with regard to the work performed by it during the contractshall not discriminate on the grounds of race, color, or national origin in the selection and retention of auboonsu|banbs, including procurements of materials and leases of equipment. J -U -B will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities , including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, 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 mubcontnact, including procurements of materials or leases of equipment, each potential subconsultant or supplier will be notified by J -U -B ofJ-U-B'o obligations under this contract and the Nondiscrimination Actand Authorities on the grounds of race, color, or national origin. D. Information and Reports. J -U -B will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its booko, nonordo, acoounts, other sources of information, and its facilities as may be determined by the CLIENT or the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities, and instructions. Where any information required of J -U -B is in the exclusive possession of another who fails or refuses to furnish this informmUon. 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 —`— visions.J-U-B will include the provisions of paragraphs A through E in every muboontnact, including procurements of materials and leases of equipment, unless exempt by the Airports FAA Standard Contract (Rev. 6-18) YAT-JUB Agreement -West Gen Aviation Apron- Final 7-10-188 Page 11 15 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 vvith. litigation by a subconsultant or supplier as a result of such direction, J -U -B may request the CLIENT to enter into such litigation to protect the interests of the CLIENT. In addition, J -U -B may request the United States to enter into such litigation to protect the interests of the United States. 6.03 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract, J -U -B, for itself, its ooaignaoo, 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. § 4001). (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 omq.), 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, nnoad, oo|or, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209). (Broadened the moope, 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 naoipionts, 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 myohamo, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12188) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national oriQin, and sex); • Executive Order 12888, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Popu|mtionm, which ensures non-discrimination against minority populations by discouraging pnognoms, po|ioies, and activities with disproportionately high and adverse human health or environmental effects on minority and Iow-income populations; • Executive Order 13106. Improving Access to Services for Persons with Limited English Profioionoy, and resulting agency guidmnom, 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 ammndmd, which prohibits you from discriminating because of sex in education programs or activities (20 U.G.C. 1681 et seq). Airports FAA Standard Contract (Rev. 6-18) YAT-JUB Agreement -West Gen Aviation Apron- Final 88 Page 12 16 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, cm|or, sex or national origin in the award or performance of this contract. The CLIENT encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. B. Contract Assurance (§26.13). J -U -B shall not discriminate on the basis of race, oo|mr, 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 oontnact, 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 agenoy, a Member of Congnoea, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contraut, the making of any Federal gnant, the making of any Federal loan, the entering into of any cooperative agreement and the exbanuion, oondnuaUon, nonmxva|, 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 Congnaoe, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal contract, loan, gnant, or cooperative ognaament. J -U -B shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. J -U -B shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, nub-mnonto, 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, co|or, na|igion, mon, or national origin. J -U -B wilI take affirmative action to ensure that applicants are emp|oyod, and that employees are treated during employment without regard to their race, no|or, na|igion, sex, sexual orientation, gender identify or national origin. Such action shall ino|ude, but not be limited to the following: employment, up8roding, damoUon, or transfer; recruitment or recruitment advertising; Iayoff or termination; rates of pay or other forms of compensation; and selection for tnaining, including apprenticeship. J -U -B agrees to post in conspicuous p|aoes, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) J -U -B vvi||, 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, oo|or, na|igimn, sex, or national origin. Airports FAA Standard Contract (Rev, 6-18) ,^qmoAgreement-West Gen Aviation Apron- Final 7 -,o -1m, Page 13 17 (3) J -U -B will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contracor understanding, a notice to be provided advising the said labor union or workers' representatives of the J -U -B's commitments under this aecUon, 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, 1905.and ofthe 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 booko, neoonds, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such ru|eo, ne0u|abonm, and orders. (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, rogulaUona, or ordeno, this contract may be oanoe|ed, hanninated, 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 ru|oa, negu|aUmno, 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 pnovisionm, 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 access to any bookm, doounnento, papano, and records of J -U -B which are directly pertinent to the specific contract for the purpose of making oudit, axaminaUon, excerpts and transcriptions. J -U -B agrees to maintain all bomha, records and reports required under this contract for a period of not less than three | years after �na|payment iomnadeand mUpending nmatbenoare doeed. 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.G. 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 o person that is a citizen or national of a foreign country included on the Iist 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. Airports FAA Standard Contract (Rev, 6-18) ,x/-JUBAgreement-West Gen Aviation Apron- Final �0-188 Page 14 18 This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a falsa, ficdUnua, or fraudulent certification may render the maker subject to prosecution underTitle 18, United States Code, Section 1001. J -U -B must 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 subconsultants are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.Rlist or 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good foith, 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 oo|ioitotion, 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 Iist of countries that discriminate against U.G. 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. 6.09 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION J -U -B oortifieo, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently dmbarred, euopendad, proposed for debarment, declared ino/igib|m, 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 projectproject 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. Airports FAA rd Contrac Page 15 19 6.10 TAX DELINQUENCY AND FELONY CONVICTIONS J -U -B certifies, by submission of this proposal or acceptance of this contract, that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for coflecting the tax liability. J -U -B further represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 6.11 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, 6.12 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. 6.13 VETERAN'S PREFERENCE In the employment of labor (excluding euenutivo, adminintratima, and supervisory poaitionm). 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-|naq war veterans, disabled vabanono, 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. • 6.14 TEXTING WHILE DRIVING. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While • Oriving" and DOT Order 3902.10 "Text Messaging While Driving" FAA encourages recipients of Federai grant funds to adopt and enforce safety policies that decrease crashes by distracted driwara, including policies to ban text messaging while driving when performing work related to a grant or sub -grant. J -U -B has in place a policy within the J -U -B Accident Prevention plan that prohibits all employees from texting and drivingJ-U-B shall include these policies in each third party subcontract involved on this project. 6.15 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 mffect, 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 Airports FAA Standard Contract (Rev. 6-18) YAT-JUB Agreement -West Gen Aviation Apron- Final 7-10-188 Page 16 20 2. Another person engaged in the performance of the project or program under this award and not compensated by you, ino|udin8, 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 nenruitment, harborin0, tnsnnportaUon, pnovioion, or obtaining of a person for labor or services through the use of force, fneud, or coercion for the purpose of subjection to involuntary servitude, poonoge, debt bondage, or slavery. O. For the purposes of this award term only, "severe forms of trafficking in persons," "commercial sex aot." and "coercion" have the meanings given at Section 103 of the TVPA, as amended (22 U.S.C. 7102). 6.16 ENERGY CONSERVATION J -U -B and any subconsultants agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201et seq). 6.17 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 noomn, work areas, rest rooms and wash nzomo, restaurants and other eating epeao, time clocks, locker rooms and other storage or dressing areas, parking |obs, drinking founbaina, recreation or entertainment anyoo, tnanopodoUon, and housing facilities provided for emp|oyeao, that are segregated by explicit directive or are in fact segregated on the basis of race, co|or, ne|igion, 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. 6.18 CLEAN AIR AND WATER POLLUTION CONTROL J -U -B agrees to comply with all applicable mbandando, ondara, and regulations issued pursuant to the Clean Air Act (42 U.G.C. § 740-7871q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). J -U -B agrees to report any violation to the CLIENT immediately upon discovery. The CLIENT assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. J -U -B will include this requirement in all subcontracts that exceed $150,000. Airports FAA Standard Contract (Rev. 6-18) rAT-JUBAgreement-West Gen Aviation Apron- Final q0-188 Page 17 21 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: Name: Title: ATTEST Name: Title: J -U -B: J -U -B ENGINEERS, Inc. ATTEST By: Name: Chuck A. Larson, P.E. Name: Title: Chairman Title: Applicable 0 Attachment 1 — Scope of Services Attachments or Exhibit to 0 Attachment 2 - Fee Breakdown this Agreement are indicated as marked 0 Attachment 3 — Special Provisions Exhibit A — Construction Phase Services Airports FAA Standard Contract (Rev. 6-18) VAT-JUB Agreement -West Gen Aviation Apron- Final 7-10-188 Page 18 22 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The uned 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 exbunoion, oondnuaUon, nanam/a|, nmendmmnt, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities, in accordance with its instructions. 3. The unadmhoUrequinathattholanguagocf this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents 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.G. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Iess than $1O.000 and not more than $100,000 for each such failure. Signed: �- ��.�~~ ��Oota:� Sponsors Authorized Representative Airports FAA Standard Contract (Rev. 6-18) YAT-JUB Agreement -West Geri Aviation Aprori- Final 7-10-18E! Page 19 PROJECT TITLE: CLIENT: JOB NUMBER: DATE: TASK PROJECT TASK Aa Project Formulation Project so tttttlalt' 2 Prepare fee spreadsheet & cost propos spreadsheet Prepare agreement for profe checklist Prepare ATTACH '` ENT 2 West GA Ramp Rehabilitation - Construction Yakima Air Terminal - McAllister Field, City of Yakima AIP 3-53-0089-042-2018 6/12/2018 Principal Proj. Sr. Const. Proj. Sr. Environ. Const. EIT/ Survey Field Cadd TASK Mgr. Engr Engr Engr Biologist Planner Obsvr. Obsvr. PLS Surveyor Oper. Cler. Trips TOTAL DIRECT $65 00 541.00 S63.00 _ $52.00 535 00 $45.00 525.00 537.00 530,00 554:00 532:00 530.00 525;00 HRS COSTS onal services & submit FAA grant application B. Construction Phas 2 4 2 0 2 Notice of award, construction agreement & other contract documents Coordmat Protect m City Co oughout award process AA briefings oil meeting pare FAA quarterly reports eitnbu re Construction Mart 5 Pre -construction conference: s Review contractor's work schedule Review shop drawings, contractor sa 7 security plan and submittals 8 Survey control check 9 Conduct weekly meetings„ Prepare and submit daily & weekly field io observation reports IL Full time field observation 12 Office administration support and assistance 13 Prepare and recommend monthly pay estimates 15 Coordinate & conduct Quality Assurance Testing 15 QA survey checks 16 Q. workshop 0 0 0 0 4 20 0 0' 0 0 15 10 0 0 2 4 12 15 0 0 0 0 0' 0 0 0 0 0 0 0 0 6 0 2 0 8 0 0 4 20 0 0 0 4 4 10 0 0 8 0 0 10,,, 10 10 0 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 4 a__ 0__ 0 4 0 0 0 0 0 0 0, 0 0 0 0 2 4 10 2 30,,, 0' 5624'.00 5116 00 591.00 $425,00 $132,00 $272.00 10 $388.00' 60 26 0 0 0 2 21 0 0 10 20 12 0 2 Review weekly contractor payroll certifications & is periodic wage interviews Prepare change orders supplemental agreements 18 (2) Conduct final & substantial c 19 inspections (4) pletion 0 0 0 0 0 0 18 0 0 0 0 0 4 0 0 0.. 0 0 0 0 10 0 0 25 28 0 52,200.00 0 S893,00' 5855.00 5930.00 20 18 862,00 5794.00' 550 50 34 $1,172,00' 20 4 54 0 0 0 10 40 0,_ 0 0 0 0 0 0 0 0 0 0 6 0 12 12 0 0 Update 2015 Storm Water Pollution Preventiu 20 Plan (SWPPP) _. 2. PaR-time field observation for punch list' 22 Prepare record drawings Prepare final engineer's project report, PSS & "As - '.173 Built" ALP 24 Final project closeout of construction contract 25 Assist & coordinate with independent auditors' 0 0 0 0 0 0 0 0 4 0 0 8 0 0 4 0 2 0 4 6 0 0 6 20 40 0 0 25 0 0 0 0 0 0 0 0 4 5536.00', 52,092.00' 51,510.00 60 610 522,370,00 15 5 58 51„923,00 15 53 51,957;00 13 0 0 0 0 r 15 0 0 (621.00 $514.00 657 00 40 40 51,000,00 0 0 12 8 48 51,812,00 0 0 0 0 0 0 0 0 25 0 8_.. 0 16 60 25 31 5607.00 51;900,00' 5925'.00 8.00 2,176,00, 0 0 18 $676100 0 \\yakima_city\ykat\Users\rpeterso\2018 West GA Apron\Construction ESA\FINAL\Attachment 2 - Fee Breakdown Const Phase June 2018 8 18 $676.00'. Page A2-1 PROJECT TITLE: CUESft JOB NUMBER: DATE: Frie PROJECT TASK Subtotal ATTACH ' ENT 2 West GA Ramp Rehabilitation - Construction Yakima Air Terminal - McAllister Field, City of Yakima AIP 3-53-0089-042-2018 6/12/2018 Direct Overhead Fixed Fee Total Labor + Overhead + Fixed Fee Air Travel age Per Diem Lodging Principal Proj. Mgr. 541.00 565.00, 3_ 163 Cost Air Per Unit Trips 5600;00 0 50.545 $46,00 583 00 GPS Survey Unit (per hour) 518.31 Printing $1,500:00 utrJANTh QA Testing Consultant - Budinger & Associates, Inc. 2 Electrical Consultant - Elcon Associates, Inc Sr. Const. Proj. Sr. Environ. Const. EIT/ Survey Field Cadd Engr Engr Engr Biologist Planner Obsvr. Obsvr. PLS Surveyor Oper. 563.00 55200 635.00 $45.00 525.00 S37.00,, _ 530.00 $54 00 $32,00 530;00 525.00' Cler. Trips TOTA 22 128 146 Ground Trips 85 20 Subtotal - Labor - Overhead + Fixed Fee Subtotal - Expenses Subtotal - Subconsultants Total - Project Formulation and Construction Phase Services 40 621 70 8 Trip Days Hours Miles 60 0 80 168 S30,765 $2,500 TASK DIRECT COSTS 49 : 217" 85 "1506" $54,750.00 Markup 10 LO 1,0 1.0 1,0 1, 1.0 1,0 15.0% S103,066.88 6'72.53: 48941 50.00 57,782:60 52,760.00 50 00 51,464.80 $1,650;00 530,765:00 $2,500,00 $0.00' s181,4 9.47 .6 7 40 265 00 $228,410.00 \\yakima_city\ykat\Users\rpeterso\2018 West GA Apron\Construction ESA\FINALWttachment 2 - Fee Breakdown Const Phase June 2018 Page A2-2 ��.13 ENGINEERS, INC. J -U -B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 - Scope of Services 25 Client Name: City of Yakima Project: West GA Ramp Rehabilitatio Yakima Air Terminal -McAllister FieId A.|.P.# 3-53-0089-042-2018 The FAA Agreement for Professional Services dated is amended and supplemented to include the following provisions regarding the Scope of Services.: For the purposes of this attachment, 'FAA Agreement for Professional Services' and 'the Agreemenf shall refer to the document entitled 'Agreement for Professional Services,' executed between J -U -B and CLIENT to which this exhibit and any other exhibits have been attached. PROJECT DESCRIPTION Construction ofthe WestGeneral Aviation (GA) Apron to rehabilitate approximately 22,000 square yards of asphalt pavement, associated surface drainage, tie -downs, pavement markings and apron Iighting. SCOPE OF SERVICES J'U�'sServices under this Agreement are limited to the following: A,Prolect Formulation Phase: 1. Assist the CLENT 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. 2. Upon approval of the Scope of Gomicmn. J -U -B will prepare a listing of work tasks in a spreadsheet with "empty cells" for person -hours, hourly rateo, expenomu, 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. 3, J -U -B shall provide the CLIENT and the Independent Fee Estimator with a blank person -hour upnoudehoet. Scope of Services, and overall project estimate, 4. Prepare an Agreement for Professional Services for submittal and review by the CLIENT and FAA, including the FAA Professional Service Agreement Checklist. The Agreement shall be comprehensive in description of services and responsibilities of all contract parties. 5. Assist CLIENT with preparation and submittal of a FAA Grant Application for Federal Auuiouunoo, including estimated project costs, drawings, and a schedule for FAA submittal prior to beginning the project. B Construction Phase: 1. Prepare and distribute Notice of Award, Construction Agreement and other contract documents. Review Construction Agreement, bonds and insurance documents submitted by Contractor, and assist CLIENT and Contractor in processing documents for the project. 2. Coordinate with FAA and the CLIENT throughout the award process. Submit bid documentation including copies of all executed contract documents as required by the FAA. 2 J -U -B shall oversee project tasks and coordinate with CLIENT representatives to manage the xoupe, enhedu|o, budget and work plan for the bidding and construction phase. J -U -B invoices will be prepared and submitted to the CLIENT on a monthly basis and will include a brief status report outlining work accomplished during the billing and construction period. The Consultant will conduct monthly Sponsor/FAA briefings. The meetings will take place via teleconference and last for up to one hour. = The Consultant will attend up to two (2) City Council meetings to discuss key project issues. Meetings will take place in Yakima, and be attended by up to tw(2) consultant staif. LJ-Ei^greement for Professional Services 26 • Assist CLIENT in preparation of FAA quarterly performance reports, two (2) annual SF 425/271 submittals, and twa (2) annual DOORS DBE reports. • Assist CLIENT in preparation and processing of monthly Request for Reimbursement (RFR) by submitting data as described. It is anticipated that the CLIENT will prepare and process five (5) monthly sets of RFR 'packages' for this project. J -U -B will provide documentation of costs for the CLIENT's use in performing the Request for Reimbursements including consultant invoices, reimbursement spreadsheet and pay requests. 4. The pavement contract work is anticipated to be exceed $500.000. As such a Construction Management Plan (CMP) shall be prepared in accordance with the latest version of AC 150/5370-12. 5. Provide pre -construction coordination; prepare a detailed Pre -Construction Conference agenda and displays; cundumaPno'CnnutmuhunConfonuncennbeha|fufthoCL|ENTondpnopaneandiaoueminuu000fthePre- Construction Conference; include FAA items in conference agenda. It is anticipated that J'U'Dwill conduct this meeting at the Airport. 6,. Review the Contractor's Work Schedule and verify that it is consistent with the requirements of the Contract Documents. Coordinate construction activity schedule with CLIENT. 7. Obtain and review contractor submitted shop drawings, Contractor Safety and Security Plan, and all submittals required by the Contract Documents. Comment and return all submittals to Contractor for their use and/or revisions and resubmittal, 8. Construction staking shall be provided by the contractor as part of the construction oontrom. J -U -B will provide benchmarks and horizontal control points for the contractor's use. Prior to start of construction, J -U -B will provide a survey check to confirm control has not been altered, 9° Conduct weekly construction meetings to include key contractor and sub -contractor personnel, the project manoger, construction manager, project observer and airport representatives to discuss safety items, schedule, items that may affect progress and airport user concerns. 10. Prepare and submit daily and weekly field observation reports 11. Provide full-time field observation, assuming construction to occur over 50 working days. 12. Provide office administration support and assistance to the Resident Project Representative from the Project Manager orOffice Administration aufie|dactivities may require. 13, Prepare and recommend monthly pay estimates. 14Coordinate and conduct Quality Assurance Testing through a subconsultant (See Exhibit A). • Project coordination, Scheduling and Billing 15. Conduct Quality Assurance survey checks at various materials placement milestones, 16. The pavement contract on this project is expected to exceed $500.000; as such a Quality Control (QC)/ Quality Assurance (QA) Workshop shall be conducted by the ENGINEER. Meeting outline will be distributed prior to the scheduled workshop. Topics of discussion for the QC/QA Workshop shall include the following items at a minimum: • Review QC/QA certification requiremerits. * Establish location of testing facilities and identify the testing administrators. • P- 01 Hot Mix Asphalt Specifications, - Schedule, QC/QA responsibilities, Mix DeoiOn, Paving P|on, Test St,ip, PVVL, Acceptance Criteria, Joint Construction - Construction Surveying - Rnnpunuibi|dy, grade equinement, electronic grade cuntm|, model verification for both finish grade as well as grade for the milled surface, • Demolition - Milling procedures, Stockpile locations, Gradation requirement 17. Review weekly contractor payroll certifications and conduct periodic wage rate interviews. 18. Prepare Contract Change Order/Supplemental Agreements in accordance with FAA Order 5100.38D - Appendix U 1OU.38D'AppandixU and FAA SOP 7.00. Conduct services associated with evo|uotiun, nognaa\ion, and preparation J -Um Agreement for Professional Services 27 and processing of Contract Change Orders or Supplemental Agreements. Fee estimate is based on the production af two Change Orders, 19, Conduct final and substantiat completion inspections. The project will be constructed in four (4) phases. With the completion of each phase a substantial completion and punch list will be performed. Therefore four (4) substantial completions and a combined final completion will take place during the project. 20. Update the 2015 Storm Water Pollution Prevention Plan (SWPPP).The SWPPP Update will involve the • Preparing updates to the Pollution Prevention Team; o Coordination w/ DOE Industrial Stormwater Inspector (namely, Lynda Jamison); o Development of a "good housekeeping" flyer to be shared with Yakima Airport employees and tenants; • Development of operation and maintenance procedures (to be included in Appendix H). • Reference in and include Tenant SWPPPs (namely, Alaska Air and Cub Crafters) within the SWPPP Appendix J; • Coordination of Figure Updates (contained within Appendix B) to capture additional stormwater features (e.g. ponds, nwa|eo, catch basins, etc.). Note: Mapping changes shall be administered by the Yakima County Engineering Department. 21, Conduct part-time field observation of project punch list item completion, Issue a recommended final acceptance upon contractor completion of punch Iist items. 22. Prepare Record drawings of "As Constructed" revisions to Design and Construction Drawings for project improvements as provided by the contractor. Provide CLIENT and FAA with copies of Record Drawings and one electronic copy to be submitted to the FAA as required. Provide CLIENT with four (4) sets of printed Record Drawings. 23. Prepare the final engineers project report to the established FAA requirements. 24. Conduct final project closeout of Contractor contract and construction requirements_ Update Pavement Strength Survey. 25. Assist and coordinate appropriate documents and clarifications for the Sponsors A-133 audit. Answer questions as required. Construction Phase Assumptions: Project Management tasks will occur over a total of 14 months. The Project Manager will attend one weekly construction meeting per month, and will attend the remainder by phone. The Construction Manager and Project Observer will attend all weekly construction meetings. • The Contractor will work up to 10 hours per day. The Project Observer will be on site for up to 1Ohours per day, The Construction Manager will be on site 5 hours per week and provide office support an additional 5 hours per week. The construction duration will be 50 working days, 10 weeks. • J -U -B wilI hire a subconsultant to perform the QA testing for this project. Construction Phase services are more specifically defined in Standard Exhibit A — Construction Phase Services. �-8 Agreement for Professional Services (J-U.B �•B ENGINEERS, INC. Client Name: J -U -B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Standard Exhibit A_ Construction Phase Services City of Yakima Project West GA Ramp Rehabilitation 28 The FAA Agreement for Professional Services dated is amended and supplemented to include the following agreement of the parties with respect to Services during the construction phase of the Project. For the purposes of this exhibit, '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. For the purposes of this exhibit, the term 'Contract Documents,' shall be defined as documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between CLIENT and contractor, Addenda (which pertain to the ContracDocuments), contractor's bid (including documentation accompanying the bid and any post -bid documentation submitted prior to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to pmceed, the bnndo, appropriate certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drmwingo, together with all Written Amandmonta, Change Orders, Work Change Directives, Field Orders, and J -U -Bs written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. For the purposes of this exhibit, the term Work,' shall be defined as the entire construction or the various separately identifiable parts thereof required to be provided by the construction contractor under the Contract Documents, Work includes and is the result of performing or providing all |abor, aemioau, and documentation necessary to produce such construction, and fumiohing, inomUing, and incorporating all materials and equipment into such construction; all as required by the Contract Documents. For the purposes of this exhibit, the term 'Site,' shall be defined as lands or areas indicated in the Contract Documents as being furnished by CLIENT upon which the Work ism be porfomneU, including rights-of-way and easements for access thereto, and such other lands furnished by CLIENT which are designated for the use of contractor, CONSTRUCTION PHASE SERVICES J -U -B shall provide Construction Phase Services as agreed below. Theis a "Yes" and "No" box to the left of each Service, If a box is marked "Yes".J-U-B agrees to perforrn the Service listed. If a box is marked No", J -U -B undertakes no duty to perform the Service Iisted If a duty or a condition of performance is listed below that is a responsibility of CLIENT, CL|sNTo agreement to perform the same is 000umeo. It is understood and agreed that J U 8 shall not, during the performance of Servicesor as a result of observatiof the Work in progress, supervise, direct, or have control over contractor(s) Work; nor shall J -U -B have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the Work of the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and performing their Work or providing any health and safety precautions required by any regulatory agencies, Accordingly, J -U -B does not guarantee or warrant the performance of the construction contracts by contractor(s) nor assume responsibility of contractor(s) failure to furnish and perform their Work in accordance with the Contract Documents. The CLIENT agrees that the general contractor shall be solely responsible for jobsite oafety, and warrants that this intent shall be carried out in the CL|ENT'e contract with the general contractor, The CLIENT also agrees that the CL|ENT. J -U -B and J'U'B's subconsultants shall be indemnified by the general contractor in the event of general contractor's failure to assure jobsite safety and shall be named as additional insureds under the general contractor's policies of general liability insurance, Construction Phase Yes [�No After receiving written authorization from CLIENT to proceed with the construction phase, J -U -B may provide the following 1, General Administration of fhe Confract Documents. Consult with, advise, and assist CLIENT in J -U -B's role as CLIENT's representative, Relevant J -U -B communications with contractor shall be imputed to the CLIENT. Nothing contained in this Standard Exhibit A creates a duty in contract, tort, or otherwise to any third party; but, instead, the duties defined herein are performed solely for the benefit of the CLIENT. CLIENT shall agree to include this language in any such agreements it executes with contractor, subcontractors or suppliers. Yes 2. Conference Participate in a pre -construction conference [�No +oom* Agreement for Professional Services 29 J -U -E1 FAA Agreement for Professional Services Standard Exhibit A— FAA Construction Phase Services (REV 4/17) Page A-2 Yes [�No Yes [�Nu Yes Yes [�No Yes E No Yes [�No 30 3. Visits to Site and Observation of Construction / ResideProject Representative (RPR) ServiceIn connection with observations of the Work while it is in progress: a. Periodic Sife Visits by J -U -B, Make visits to the Site at intervals appropriate to the various stages of uonotruction, as J -U -B deems nec0000ry, to observe as an experienced and qualified design professional the progress and quality of the Work, Such visits and observations, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to J -U -B in this 8gneomnnt, but rather are to be limited to spot ohncking, selective sampling, and similar methods of general observation of the Work based on J -U -B's exercise of professional judgment as assisted by the RPR, if any. Based on information obtained during such visits and observations, J -U -B will determine in general, for the benefit of CLIENT, if the Work is proceeding in accordance with the Contract Documents, and J -U -B shall keep CLIENT informed of the progress of the Work, b. Resident Project Representative ("RPR'). When requested by CLIENT, provide the Services of a RPR at the Site to provide more extensive observation of the Work. Duties, responsibilities, and authority of the RPR, are as set forth in the section entitled Resident Project Representative, herein. Through more extensive observations of the Work and field checks of materials and equipment by RPR, J -U -B shall endeavor to provide further protection to the CLIENT against defects and deficiencies in the Work, The furnishing of such RPR'o Services will not extend J -U -B's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. 4. Defective Work. Recommend to CLIENT that the Work be disapproved and rejected while it is in progress if J -U -B believes that such Work does not conform generally to the Contract Documents or that the Work will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, 5: Clarifications and lnterpretations; Field OrdersRecommend to CLIENT necessry clarificatins and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Based on J -U -B's recommendations, CLIENT may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 6. Change Orders, and Work Change Directives. Recommend to CLIENT Change Orders or Work Change Directives, as uppmphate, and prepare required documents for CLIENT consideration. CLIENT may issue Change Orders or Work Change Directives authorizing variations from the requirements of the Contract Documents. 7, Shop Drawings and Samples. Review or take other appropriate action in respect to Shop Drawings, Samples, and other data that contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews or other action shall not extend to means, methods, 1eohniquoa, moquencoo, or procedures of construction or to safety precautions and programs incident thereto. Yes 8, Substitutes. Consult with and advise CLIENT concerning, and deterrnine the acceptability of, substitute materials and equipment proposed by contractor ID No Yes ENo 9. Inspections and Tests. Make recommendations to CLIENT concerning special inspections or tests of the Work, and the receipt and review of certificates of inspections, testing, and approvals required by laws and regulations and the Contract Documents (but only to determine generally that the results certified indicate compliance with the Contract Documents). uU-Bpm Agreement for Professional Services Yes 0 N Yes 0 N O Yes W0 No Yes O N 31 10. Disagreements between CLIENT and Contractor Assist CLIENT in rendering formal written decisions on claims of CLIENT and contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. In assisting in such decisions, J -U -B shall not be IiabIe in connection with any decision rendered in good faith, 11. Applications for Payment. Based on J -U -8's on-site observations as an experienced and qualified design pmfeouional, and upon written request of CLIENT, review Applications for Payment and the accompanying supporting documentation. Assist CLIENT in determining the amounts owed to contractor and, if requested by CL|ENT, recommend in writing to CLIENT that payments be made to contractor in such amounts- Such recommendations of payment will constitute a representation to CLIENT that, to the best of J -U -B's knmw|odge, infonnatinn, and belief, the Work has progressed to the point inuivated, the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Comp|etiun, and subject to any subsequent tests called for in the Contract Documents or to any other qualification stated in the recommendation), and the conditions precedent to contractors being entitled to such payments appear to have been fulfilled insofar as it is J -U -B's responsibility to observe the Work. In the case of unit price Work, J -U -B's recommendation of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Contract Documents). By recommending any payment and after reasonable inquiry. J -U -B shall not thereby be deemed to have represented that exhaustive, continuous, or detailed reviews or examinations have been made by J -U -B to check the quality or quantity of the Work as it is furnished and provided beyond the responsibilities specifically assigned to J -U -B in this Agreement and the Contract Documents. J -U -B's review of the Work for the purposes of recommending payments will not impose on J -U -B the responsibility to uupomioe, dimct, or control such VVnrk, or for the moano, methodo, taohniquen, eequonoou, or procedures of construction or safety precautions or programs incident thoneto, or contractors compliance with laws and regulations applicable to its furnishing and performing the Work. J -U -B's review will also not impose responsibility on J -U -B to make any examination to ascertain how or for what purposes contractor has used monies paid to contractor by CLIENT; to deterrnine that title to any of the Work, including materials or equipmnnt, has passed to CLIENT free and clear of ariy lien, c|oimu, security intamsts, or encumbrances; or that there may not be other matters at issue between CLIENT and contractor that might affect the amount that should be paid. 12, Contractor's Completion Documents. Receive and review maintenance and operating instructions, schedules, guanunteeo, bonds and certificates of inopoudun, tests and approvals, Shop Drawings, Gampleu, other data approved, and the annotated record documents which are to be assembled by contractor in accordance with the Contract Documents (such review will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inopnmiun, testo, or approvals indicates compliance with, such Contract Documents); transmit them to CLIENT with written comments, 13, Substantial Completion. Promptly after notice from CLI ENT that contractor considers the Work for this part of the Project is ready for its intended use, in company with CLIENT and contractor, conduct a site visit to determine if the Work is substantially complete. Provide recommendation to CLIENT relative to issuance of Certificate of Substantial Completion. Yes 1'1 Final Notice of Acceptability of fhe Work. Assist CLIENT in conducting a final inspection to determine if the completed Work is acceptable so that J -U -B may recommendin writingthat final payment be made to contractor. E No Yes 1a Additional Tasks. Perform or provide the following additional construction phase tasks or deliverables as delineated in Attachment 1 — Scope of Services and/or Schedule and/or Basis of Feewhich is included with the Agreement 0 No General Limitation of Responsibilities. J -U -B shall not be responsible for the acts or omissions of any contractor or of any of their subcontractors, suppliers, or any other individual or entity performing or furnishing any of the Work. J -U -B shall not be responsible for failure of any contractor to perform or furnish the Work in accordance with the Contract Documents. CLIENT shall agree to include this language in any such agreements it executes with cuntnamor, subcontractors or suppliers. J -U -B's Construction Phase Services will be considered complete on the date of Final Notice of Acceptability of the Work. J-oem^ Agreement for Professional Services Post -Construction Phase After receiving authorization from CLIENT to proceed with the post -construction phase, J -U -B may: 0 Yes No 32 1. Testing/Adjusting Systems, Provide assistance in connection with the testing and adjusting of equipment or systems. 0 Yes 2, Operate/Maintain Systems. Assist CLIENT in coordinating training for CLIENT's staff to operate and maintain equipment and systems. No Yes 3 Control Procedures. Assist CLIENT in developing procedures for control of the operation and maintenance of, and recordkeeping for, equipment and systems. No 0 Yes No Yes No 4. O&M ManuaL Assist CLIENT in preparing operating, maintenance, and staffing manuals. 5. Defective Work. Together with CLIENT, visit the Project to observe any apparent defects in the Work, assist CLIENT in consultations and discussions with contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if present. El Yes 6. Record Surveying. Provide field surveying of readily accessible elements of the final completed construction to supplement the preparation of Record Drawings, No Yes 7. Record Drawings. Furnish a set of reproducible prints of Record Drawings showing significant changes made during the construction process, based on the annotated record documents for the Project furnished by the contractor. No Yes flNo 8. Warrantee Inspection. In company with CLIENT or CLIENT's representative, provide an inspection of the Project within one month before the end of the contractor correction period to ascertain whether any portion of the Work is subject to correction. Yes 9, Additional Tasks. Perform or provide the following additional post -construction phase tasks or deliverables as listed n in Attachment 1 - Scope of Services and/or Schedule and/or Basis of Fee, which is included with the Agreement. No The Post -Construction Phase Services may commence during the construction phase and, if not otherwise modified by the mutual agreement of CLIENT and J -U -B, will terminate at the end of the correction period. J -U -B FAA Agreement for Professional Services Standard Exhibit A — FAA Construction Phase Services REV 4117) Page A-5 33 CONSTRUCTION PHASE ADDITIONAL SERVICES If authorized by CLIENT and expressly agreed by J -U -B; or, if performed by J -U -B with the knowledge of the CLIENT after the signing of the Agreement for Professional Services, J -U -B shall furnish or obtain from others Additional Services of the types listed in this paragraph: 1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by CLIENT if the resulting change in compensation for Construction Phase Services is not commensurate with the Services rendered; Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by contractor and Services after the award of the contract; Services in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by contractor; and Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of material equipment, or energy shortages. 2. Services involving out-of-town travel required of J -U -B other than visits to the Site or CLIENT's office. 3. Assistance in connection with bid protests, rebidding, or renegotiating the Construction Agreement_ 4. Services in connection with any partial utilization of the Work by CLIENT prior to Substantial Completion. 5. Additional or extended Services during construction of the Work made necessary by (a) emergencies or acts of God endangering or delaying the Work, (b) the discovery of constituents of concern, (c) Work damaged by fire or other cause during construction, (d) a significant amount of defective Work, (e) acceleration of the progress schedule involving Services beyond normal working hours, and (f) default by contractor, including extensions of the construction period. 6. Evaluating an unreasonable number of claims submitted by contractor or others in connection with the Work. 7. Protracted or extensive assistance in refining and adjusting any equipment or system (such as initial startup, testing, adjusting, and balancing). 8. Services or consultations after completion of the construction phase, such as excessive inspections during any correction period and reporting observed discrepancies under guarantees called for in the Construction Agreement for the Work (except as agreed to under Construction Phase Services). g Preparing to serve or serving as a consultant or witness for CLIENT in any |itigotion, orbitration, or other legal or administrative proceeding involving the Project to which J -U -B has not been made a party. 10. Additional Services in connection with the Work, including Services which are to be furnished by CLIENT and Services not otherwise provided for in this Agreement. RESIDENT PROJECT REPRESENTATIVE If provided as part of Construction Phase Services, J -U -B shall furnish a Resident Project Representative ('RPR"), assistants, and other field staff to assist J -U -B in observing progress and quality of the Work. The RPR, assistants, and other field staff may provide full-time representation or may provide representation to a Iesser degree. Through such additional observations ufthe Work and fio|Uchecks nfmaterials and equipment bythe RPR and assistants, J'U'8shall endeavor to provide further tcti n for CLIENT against defects and deficiencies in the Work. It is understood and agreed that J -U -B shall not, during the performance of Services, or as a result of observations of the Work in progress, supervise, direct, or have control over contractor(s)' Work; nor shall J -U -B have authority over or responsibility for the moonu, methodo, hanhniqveo, sequences or procedures of construction selected bcontractor(s), fofet precautions d programs incident to thWork ofh for any failure of contractor(s) to comes, regulations, ordinances, codes or orders a / able to contractor(s) furnishing and performing their Work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J -U -B does not guarantee or warrant the performance of the construction contracts by contractor(s) nor assume responsibility of contractor(s)' failure to furnish and perform their Work in accordance with the Contract Documents. The RPR's duties under this Agreement shall be strictly limited to the following: 1L General. RPR is J -U -B's agent at the Site, will act as directed by and under the supervision of J -U -B, and will confer with J -U -B regarding RPR's actions, 2. Schedules. Review the progress onhedule, schedule of Shop Drawing and Sample nubmittals, and schedule of values prepared by contractor and consult with CLIENT concerning acceptability of such schedules. 3, Conferences and Meetings. When requested by CLIENT to do so, attend meetings with contractor, such as preconstruction conferences, progress meetings, job conferences, and otheproject-related meetings. 4. Liaison. Serve as J -U -B's liaison with CLIENT. J-U-Bm^ Agreement for Professional Services 34 5. Interpretation of Contract Documents. Report to CLIENT when clarifications and interpretations of the Contract Documents are needed. 6. Shop Drawings and Samples. Receive and record date of receipt of reviewed Samples and Shop Drawings. 7. Modifications. Consider and evaluate contractors suggestions for modifications to Drawings or Specifications and report, with RPR's recommendations, to CLIENT. Transmittal to contractor of written decisions as issued by J -U -B will be in writing. 8. Review of Work and Rejection af Defective Work. a) Conduct on-site observations of the Work to assist J -U -B in determining if the Work is, in gonera|, proceeding in accordance with the Contract Docunients. b) Report to CLIENT whenever RPR believes that any part of the Work in progress will not produce a completedProject that conforms generaily to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents; has been damaged; or does not meet the requirements of any inspection, test, or approval required to be made Advise CLIENT of that part of the Work that RPR believes should be corrected, rejected, or uncovered for observation, or that requires special testing, inspection, or approval. 9. Inspections, Tests, and System Startups a) Advise CLIENT in advance of scheduled major inopectiona, teots, and system start-ups for important phases of the Work, b) Verify that teats, equipment, and system start-ups and operating and maintenance training is conducted in the presence of appropriate personnel and that contractor maintain adequate records thereof. c) Observe, record, and report to CLIENT appropriate details relative to the test procedures and system start-ups. d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Vvnd', record the results of these inspections, and report to CLIENT, 10. Records. a) Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, J -U -B's clarifications and interpretations of the Contract Dncuments, progress reports, Shop Drawing and Sample submittals, and other Project -related documents, b) Prepare a daily report or keep udiary urlog book, recording contractor's and subcontractors' hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed condihono. Site visitors, daily activities, deciuiono, observations in gonono|, and specific observations in more detail as in the case of observing test procedures; furnish copies of such records to CLIENT. c) Maintain accurate, up-to-date lists of the nemua, addea000, e-mail eddeoaeu, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. d) Maintain records for use in preparing documentation of the Work. e) Upon completion of the Work with respect to the Project, furnish a complete set of all RPR Project documentation to CLIENT. J -u -14m^ Agreement for Professional Services 35 11. Reports. a) Furnish to CLIENT periodic reports as required of progresof the Work and of contractors compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b) Present to CLIENT proposed Change Orders, Work Change Directives, and Field Orders, c) Furnish to CLIENT copies of alI inspection, test, and system startup reports. d) Report immediately to CLIENT the occurrence of any Site accidents, emergencies, acts of God endangering the Work, property damaged by fire or other causes, and the discovery or presence of any constituents of concern. 12. Payment Request: Review Applications for Payment for compliance with the established procedure for their submission and forward with recommendations to CLIENT, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site, but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals, During the course of the Work, verify that materials and equipment uertificoteu, operation and maintenance monuols, and other data required by the Specifications to be assembled and furnished by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to CLIENT for review. 14. Completion. a) Before issuing a Certificate of Substantial Completion, submit to CLIENT a list of observed items requiring completion or correction. b) Observe whether contractor has arranged for inspections required by laws and regulations, including but not Iimited to those to be performed by public agencies having jurisdiction over the Project. c) Participate in a final inspection in the company of CLIENT and contractor and prepare a final list of items to be completed or corrected with respect to the Work. d) Observe whether all items on final list have been completed or corrected and make recommendations to CLIENT concerning acceptance and issuance of CLIENT's Final Notice of Acceptability of the Work. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2Ex�ed limitations of J -U -B's authority as set forth in the Agreement for Professional Services, 3. Undertake any of the responsibilities of contractor, subcontractors, suppliers, or contractors superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction or of the VVork, unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding,or assume control over safety practicm, pmoovdono, and programs in connection with the activities or operations of CLIENT or contractor. 6. Participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized. 7' Accept Shop Drawing or Sample submittals from anyone other than J -U -B. 8.. Authorize CLIENT to occupy the Work in whole or in part. J-1.1-13 FAA Agreement for Professional Services 36 CLIENT'S RESPONSIBILITIES Except as otherwise provided herein or in the Agreement for Professional Services, CLIENT shall do the following in a timely manner so as not to delay the Sei-vi�s of J -U -B and shall bear all costs incident thereto: 1, Provide, as may be required for the Project, such legal services as CLIENT may require or J -U -B may reasonably request wfth regard to legalissues pertaining to the Project, including any thamay be raised by contractor, 2. Attend the pre-bid conference, bid opening,pre-construction conferences, construction progress and other job-related meetings and Substantial Completion, final payment, and other inspections. 3, Give prompt written notice to J -U -B whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing ufJ'U'B'u Go,viuoo, or any defect or nonconformance in J'U'B's Services or in the Work of any contractoi% 4. Render all final decisions related to: 1) changes or modifications to the terms of the construction contract, 2) ac�ptability of the Work, and 3) claims or Work stoppages. 5. Unless included in J -U -B Scope of Services, provide construction staking and materials testing services for the project. The Client agrees to require all contractors of any tier to carry statutory Workers CompenoeUon, Employers Liability Insurance and appropriate limits of Commercial General Liability Insurance (CGL). The Client further agrees to require all contractors to have their CGL policies endorsed to name the Client, the Consultant and its sub -consultants as Additional inuunedu, on a primary and noncontributory baoiu, and to provide Contractual Liability coverage sufficient to insure the hold harmless and indemnity obligations assumed by the contractors. The Client shall require all contractors to furnish to the Client and the Consultant certificates of insurance as evidence of the required insurance prior to commencing work and upon renewal of each policy during the entire period of construction, In addition, the Client shall require that all contractors will, to the fullest extent pomniued by law, indemnify and hold harmless the Client, the Consultant and its sub consultants from and against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Pn4ect, including all claims by employees of the contractors. J -U -B FAA Agreement for Professional Services U.B JU-B ENGINEERS, INC. 37 J -U -B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1_ Scope of Services Client Name: City of Yakima Project: West GA RamRehabilitation Yakima Air Field ��.# 3-53-0089-042-2 018 The FAA Agreement for Professional Servces dated is amended and supplemented to include the following provisions regarding the Scope of Servi�s,: For the purposes of this attachment, 'FAA Agreement for Professional Services and the Agreement' shall refer to the document entitled 'Agreement for Professional Services,' executed between J -U -B and CLIENT to which this exhibit and any other exhibits have been attached. PROJECT DESCRIPTION Construction of the WesGeneral Aviation (GA) Apron to rehabilitate approximately 22,000 square yards of asphalt pavement, associated surface drainage, tie -downs, pavement markings and apron Iighting, SCOPE OF SERVICES J -U -B's Services undethis Agreemenare Iimited to the following: A. Proiect Formulation Phase: 1. Assist the CLIENT with ProjecScope developmenand formulation. J -U -B will prepare a Scope of Servi�s narrative and detailed description of all wortasks for CLIENT and FAA review and approval. Discuss review comments and revise accordingly. 2. Upon approval of the Scope of Seminen. J -U -B will prepare a listing of work tasks in a spreadsheet with "empty cells" for pomon'hnunn, hourly ratea, oxpennou, 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. 3. 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, 4. Prepare an Agreementfnr Professional Services for submittal and review by the CLIENT and FAA, including the FM Professional Service Agreement Checklist. The Agreement shall be comprehensive in description of services and responsibilities of all contract parties. 5, Assist CLIENT with preparation and submittal of a FAA Grant Application for Federal Assistance, including estimated project costs, drawings, and a schedule for FAA submittal prior to beginning the project, B, Construction Phase: 1^ Prepare and distribute Notice of Award, Construction Agreement and other contract documents. Review Construction Agreement, bonds and insurance documents submitted by Contractor, and assist CLIENT and Contractor in processing documents for the project. 2. Coordinate with FAA and the CLIENT throughout the award process. Submit bid documentation including copies of alt executed contract documents as required by the FAA. 3. J -U -B shall oversee project tasks and coordinate with CLIENT representatives to manage the 000pn, oohedu|e, budget and work plan for the bidding and construction phase. J -U -B invoices will be prepared and submitted to the CLIENT on a monthly basis and will include a brief status report outlining work accomplished during the bilting and construction period. ° The Consultant will conduct monthly Sponsor/FAA briefings. The meetings will take place via teleconference and Iast for up to one hour. ° The Consultant will attend up to two (2) City Council meetings to discuss key project issues, Meetings will take place in Yakima, and be attended by up to two (2) consultant staff. �-B Agreement for Professional Services 38 � Assist CLIENT in preparation of FAA quarterly peiformanceneports.two (2) annual SF 425/271 submittals, and two (2) annual DOORS DBE reports. • Assist CLIENT in preparation and processing of monthly Request for Reimbursement (RFR) by submitting data as described. It is anticipated that the CLIENT will prepare and process five (5) monthly sets of RFR 'packages' for this project, J -U -B will provide documentation of costs for the CLIENT's use in performing the Request for Reimbursements including consultant invoices, reimbursement spreadsheet and pay requests, 4. The pavement contract work is anticipated to be exceed $500,000. As such a Construction Management PIan (CMP) shall be prepared in accordance with the Iatest version ofAC 150/5370-12. 5. Provide pre -construction coordination; prepare a detailed Pre -Construction Conference agenda and displays; onnduntoPne'CononuotionConVuencnonbaha|fnftheCL|ENTandpnupoeandiooueminuteoofthnPre- Construction Conference; include FAA items in conference agenda. It is anticipated that J -U -B will conduct this meeting at the Airport. 6, Review the Contractor's Work Schedule and verify that it is consistent with the requirements of the Contract Documents, Coordinate construction activity schedule with CLIENT. 7. Obtain and review contractor submitted shop drawings, Contractor Safety and Security Plan, and all submittals required by the Contract Documents. Comment and return all submittals to Coritractor for their use and/or revisions and resubmittal, 8. Construction staking shall be provided by the contractor as part of the construction contract. J -U -B will provide benchmarks and horizontal control points for the contractors use. Prior to start of construction, J -U -B will provide a survey check to confirm control has not been altered. 9Conduct weekly construction meetings to include key contractor and sub -contractor personnel, the project managor, construction monega,, project observer and airport representatives to discuss safety items, schedule, items that may affect progress and airport user concerns. 10. Prepare and submit daily and weekly field observation reports. 11. Provide full-time field observation, assuming construction to occur over 50 working days. 12, Provide office administration support and assistance to the Resident Project Representative from the Project Manager or Office Administration as field activities may require. 13. Prepare and recommend monthly pay estimates. 14- Coordinate and conduct Quality Assurance Testing through a subconsultant (See Exhibit A), • Project coordination, Scheduling and Billing 15. Conduct Quality Assurance survey checks at various materials placement milestones. 16. The pavement contract on this project is expected to exceed *500.000; as such a Quality Control (QC)/ Quality Assurance (QA) Workshop shall be conducted by the ENGINEER. Meeting outline will be distributed prior to the scheduled workshop. Topics of discussion for the QC/QA Workshop shall include the following items at a minimum: • Review QC/QA certification requirements. • Establish location of testing facilities and identify the testing administrators. o p -4n1 Hot Mix Asphalt Specifications. - Schedule, QC/QA responsibilities, Mix Design, Paving Plan, Test Strip, PVVL, Acceptance Criteria, Joint Construction Construction Surveying Reeponeibi|ity, grade nnqui,ement, electronic grade oontm|, model verification for both finish grade as well as grade for the milled surface. *Demolition — Milling procedures, Stockpile Iocations, Gradation requirement 17. Review weekly contractor payroll certifications and conduct periodic wage rate interviews. 18. Prepare Contract Change Order/Supplemental Agreements in accordance with FAA Order 5100.38D - Appendix U 1OO.38D'AppondixV and FAA SOP 7.00. Conduct services associated with evaluation, negohodon, and preparation �-8 Agreement for Professional Services 39 and processing of Contract Change Orders or Supplemental Agreements. Fee estimate is based on the production of two Change Orders. 19. Conduct firial and substantial completion inspections. The project will be constructed in four (4) phases. With the completion of each phase a substantial completion and punch list will be performed. Therefore four (4) substantial completions and acombined fina|completion will take place during the project. 20, Update the 2015 Storm Water Pollution Prevention Plan (SWPPP).The SWPPP Update will involve the ° Preparing updates to the Pollution Prevention Team; • Coordination w/ DOE Industrial Stormwater Inspector (namely, Lynda Jamison); o Development of a "good housekeeping" flyer to be shared with Yakima Airport employees and tenants; o Development of operation and maintenance procedures (to be included in Appendix H). o Reference in and include Tenant SWPPPs (namely, Alaska Air and Cub Crafters) within the SWPPP Appendix J; � Coordination of Figure Updates (contained within Appendix B) to capture additional stormwater features (e^g ponda, owm|ou, catch basins, etc.). Note: Mapping changes shall be administered by the Yakima County Engineering Department. 21. Conduct part-time field observation of project punch list item completion. Issue a recommended final acceptance upon contractor completion of punch Iist items. 22. Prepare Record drawings of "As Constructed" revisions to Design and Construction Drawings for project improvements as provided by the contractor. Provide CLIENT and FAA with copies of Record Drawings and one electronic copy to be submitted to the FAA as required. Provide CLIENT with four (4) sets of printed Record Drawings. 23, Prepare the final engineer's project report to the established FAA requirements. 24. Conduct final project closeout of Contractor contract and construction requirements. Update Pavement Strength Survey. 25, Assist and coordinate appropriate documents and clarifications for the Sponsor's A-133 audit. Answer questions as required. Construction Phase Assumptions: o Project Management tasks will occur over a total of 14 months. O The Project Manager will attend one weekly construction meeting per month, and will attend the remainder by phone. The Construction Manager and Project Observer will attend all weekly construction meetings. • The Contractor will work up to 10 hours per day. The Project Observer will be on site for up to 10 hours per day. The Construction Manager will be on site 5 hours per week and provide office support an additional 5 hours per week. The construction duration will be 50 working days, 10 weeks. • J -U -B will hire a subconsultant to perform the QA testing for this project. Construction Phase services are more specifically defined in Standard Exhibit A — Construction Phase Services, .1 -vu Agreement for Professional Services Budinger & Associates 1101 North Fancher Road Spokane Valley, WA 99212 Tel: 509.535.8841 Fax: 509.535.9589 Unit Cost for Materials Testing and Sampling Services - REVISED To: Timothy Ike, PE JUB Engineers 422 W. Riverside, Suite 304 Spokane, WA 99201 Date: 3/9/2018 Proposal Number: M-17533 Project: Yakima Air Terminal - Rehabilitation EmaiLtike(MittlIcom Required Quality Acceptance Testing BADE BID SCHEDULE Qty Unita Unit Pte Total mark Sampling A. Testing * Field Technician (40 shifts at 10 hrs per shift) 20 hours 70.00 1400.00 * Maximum Density/Optimum Moisture (1 per 1000 cy) 2 each 165.00 330.00 Lis./20 Dart Dunks - Sam:ding ? * Field Technician 8 hours 70.00 560.00 * 1 each 165.00 165.00 Maximum Density/Optimum Moisture (Proctor) Compressive Strength Specimens 10 each 20.00 200.00 P-209 Crushed Aggregate 1,. e Course Sampling & Testing * Field Technician (31 shifts at 10 hrs per shift) 20 hours 70.00 1400.00 • Maximum Density/Optimum Moisture (Proctor] 1 each 165.00 165.00 • Sieve Analysis w/0.02mm (2 per lot - 2400 sy) 2 each 165.00 330.00 * Fractured Face 1 each 150.00 150.00 * LA Abrasion 1 each 200.00 200,00 a Sand Equivalent 1 each 150.00 150.00 * Flat & Elongated Pieces 1 each 150.00 150.00 * Atterberg Limits/Plasticity Index 1 each 150.00 150.00 * Clay Lumps and Friable Particles 1 each 150.00 150.00 * Sodium Sulfate Soundness 1 each 325.00 325.00 P-401 Bituminous. Surface Course * Laboratory Technician (Lead) 5 days 1200.00 6000.00 * Quality Assurance Technician (Support) 5 days 950.00 4750.00 P -50I Portland Cement Concrete Paving ginwme 2 lots/ * Field Technician (2 shifts at 10 per shift) 20 hours 70.00 1400.00 Field Technician - Straightedge 8 hours 70.00 560.00 Flexural Strength Specimens (8 per lot) 16 each 50.00 800.00 P-610 Structural Portland Cement Concrete * Field Technician 10 hours 70.00 700.00 * Compressive Strength Specimens 10 each 20.00 200.00 Other Items * Mobilization (400 miles per trip - 10 trips) Mobile laboratory Trailer Mobilization Mobile Laboratory Trailer - hook up to power/water Mobile Laboratory Trailer Per Week Per Diem Nuclear Densometer Project Management/Report Review Word Processing 4000 miles 0.545 2180.00 1 each 1800.00 1800.00 by others 1 wccks 1500.00 1500.00 6 days 150.00 900.00 12 days 25.00 300.00 20 hours 95.00 1900.00 30 hours 65.00 1950.00 TOTAL ESTIMATE 30765.00 • Technician time and mobilization are invoiced portal to portal * Sample pick-up time is invoiced portal to portal • Our involvement is dependent on contractor performance and scheduling, factors that are beyond our control * The above estimate is not a lump sum It is a time and materials estimate Invoices will reflect actual units * Please sign below to signify acceptance of this proposal to initiate a service agreement, Accepted By: a a Thomas Black, PE Construction Services Manager Geotechnical & Environmental Engineers Construction Materials Testing & Special Inspection 40