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03/05/2019 06B Airport Aircraft Rescue, Firefighting Apparatus Engineering Agreement with JUB Engineering, Inc. to\'4\lyy tbxk ik 1 PPP +� PPP d g. P A P p P l PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.B. For Meeting of: March 5, 2019 ITEM TITLE: Resolution authorizing an Engineering Services Agreement with JUB Engineering, Inc. for Engineering Services required to design and acquire an Aircraft Rescue and Firefighting apparatus SUBMITTED BY: Robert K. Peterson,Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal-McAllister Field is a commercial service airport which requires specific fire apparatuses in order to meet Federal Aviation Administration (FAA) safety standards. Through close coordination with the FAA, the airport has identified the need to replace the 1986 Oshkosh T-1500 apparatus that has outlived its useful life. This agreement will allow JUB Engineering, Inc. to provide project formulation, design, bidding services, submit a grant application, and a project closeout report in order to acquire an Aircraft Rescue and Firefighting apparatus. This project will be funded ninety percent through the Airport Improvement Program and the remaining funds will come from the airport's Passenger Facility Charge. General funds will not be utilized to obtain the required fire apparatus. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: N/A 2 ATTACHMENTS: Description Upload Date Type D Re5olotion 214'2019 Resolution 0 JUElLeri[ract 2/25'2019 Ccnlrct 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing an Engineering Services Agreement with JUB Engineering, Inc. for Engineering Services required to design and acquire an Aircraft Rescue and Firefighting apparatus. 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 Yakima Air Terminal-McAllister Field is a commercial service airport which requires specific specialized fire apparatuses in order to meet Federal Aviation Administration safety standards; the Air Terminal has identified the need to replace a 1986 Oshkosh T-1500 apparatus that has outlived its useful life; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an Engineering Services Agreement with JUB Engineering, Inc., attached hereto and incorporated herein by this reference, to provide project formulation, design, bidding services and to develop and submit a grant application and a project closeout report necessary to acquire an Aircraft Rescue and Firefighting apparatus; 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 $47,219.04 of federal grant funds and approximately $5,246.56 of Passenger Facility Charge, to be used as the airport's local match, to fund the Engineering Services Agreement; and WHEREAS, in accordance with the terms and conditions of the contract for engineering services attached hereto the engineer will perform the services outlined in the Engineering Service Agreement during the 2019-2020 calendar year, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Engineering Services Agreement with JUB Engineering, Inc. in the amount not to exceed fifty-two thousand four hundred sixty-five dollars and sixty cents ($52,465.60), to provide Engineering Services for the acquisition of an Aircraft Rescue and Firefighting apparatus under Airport Improvement Program 3-53-0089-43. ADOPTED BY THE CITY COUNCIL this 5'h day of March, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk 4 AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT) ARFF Truck Procurement, Index B. A.I'P. 3-83-0089-44-2019 Yakima Air Terminal, McAllister Field,Washington THIS AGREEMENT io effective osnf the 5"' day of March, 2O1Sby and between, City of Yakima, 12S No. 2nu Street, Yakima, VVA889O1 hereinafter referred boos the CLIENT, and J-U-BENGINEERS, Inc., W. 422 Riverside, Suite 304, Spokane, Washington, 99201, an Idaho Corporation, hereinafter referred tommJ-U-B. WHEREAS, the CLIENT intends to: Procure an Index B ARFF Truck including auxiliary equipment hereinafter referred tooa the ^PnojooC' The services tobe performed byJ-U-B are hereinafter referred to ae the^Sarvioeo" W| TNESSETH Now, therefore, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set for below: ARTICLE 1 J-W-0'S SERVICES 1.01 BASIC SERVICES J-U-B will perform the Services described in Attachment I -Scope of Work, Basis of Fee,and Schedule in a manner consistent with the standard of oena appropriate and applicable to professional engineering principles. J'U-R'o services shall be limited to those expressly set forth therein, and J-U'B ohm|| have no other obligations, duties, or responsibilities for the Project mxuaptaopnovidedinthiaAgnuomenL 1.02 SCHEDULE OFSERVICES TO BE PERFORMED � J-U-Bvvi|| perform said Services in accordance with the schedule described in Attachment I Scope of � Work, Basis of Few, and Schedule in a manner consistent with the standard of care applicable to professional engineering principles. This schedule may bo equitably adjusted as the Project progresses, allowing for changes in moope, character or size of the Project an requested by the CLIENT or for delays or other causes beyond J-U-B'ocontrol. 1.03 ADDITIONAL SERVICES � When authorized in writing by the CL|ENT. J-U-B agrees to furnioh, or obtain from others, additional professional services in connection with the PR{]JECT, as set forth below and as otherwise contained within this Agreement: A. Provide other services not otherwise provided for in this Agreement, including services normally furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES. � B. Provide services as an expert witness for the CLIENT in connection with litigation or other proceedings involving the PROJECT. C. Assist orextend nen/ioas as o result ofstrikes, vva|houto. or other labor disputes, including acts relating to settlement of minority group problems. O. Mitigation work identified in the environmental review. � E. Assist the CLIENT in resolving disputes over claims, bankruptcy, legal complaints or default oftha � Contractor. Airports FAA Standard Contract(nov.o'1e) Page FAA Agreement 2019 n , � � ARTICLE 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 that J-U' B may nu|y upon them in the performance of its oen/ioeo under this AGREEMENT: � � A, Deok]nate, in writinQ, e person authorized bo act ao the CLIENT'S contact. The CLIENT orhis designated contact shall receive and examine documents submitted by J'U-B to determine acceptability of said dooumanby, interpret and define the CLIENT'S po|icieo, and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress ofJ-U-8's � . services. B. Make available toJ'U-8 all technical data that io in the CLIENT'S p000aaoion, including mapo, mumoyo, property descriptions, bohngs, and other information required byJ'U-8and relating to its work. � � C. Hold promptly all required special moodngs, serve all required public and private notices, receive � and act upon all protests and fulfill all requirements necessary in the development of the PROJECT : and pay all costs incidental thereto. : O. provide legal, accounting and insurance counseling services necessary for the PROJECT. Legal review of the construction Contract Oooumanb;, 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 oo may be necessary for completion of the PROJECT. F. The CLIENT agrees to cooperate with J'U'B in the approval of all p|ann, reports and atudies, and shall make a timely decision in order that no undue expense will be caused J-U'B because of lack � of decisions. |fJ'U'B is caused extra drafting or other expense due to changes ordered by the CLIENT after the completion and approval of the p|ano, noportm, and mtudias. J'U'B shall be equitably paid for such extra expenses and services involved. G. Guarantee full and free 000eam, with reasonable advance notice, for J-U-B to enter upon all � property required for the performance of J-U-13's services under this AGREEMENT. � H. Give prompt written notice to J-U'8 whenever the CLIENT observes or otherwise becomes nvvona ` � of any defect in the PROJECT or other event that may substantially offeotJ'U'8'e performance of ' services under this AGREEMENT. |. 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 beer all coots relating bzadvertising. ARTICLE J-U'B`S COMPENSATION 3.01 BASIC SERVICES COMPENSATION � J-U-13 shall provide services in connection with the terms and conditions of this Agreement, and the CLIENT � shall compensate J-U'B therefore as detailed in Attachment 1 — Scope of Work, Basis of Few and Schedule. Partial payment shall be made for the services performed as the work under this AGREEMENT progresses. Such payment is to be made monthly based on the itemized otshemonto, invoimam, or other evidences of performance furnished to and approved by the CLIENT. All claims for payment will be submitted in on invoice compatible with current practices and acceptable to the CLIENT. Partial payments will include payroll costs, adjusted for payroll buvdens, and general and administrative overhead, as well as out-of- pocket expenses, plus that portion of the fixed fee which its percentage of completion bears to the total Airports FAA Standard Contract(nov.o'1o) Page FAA Agreement 2019 0 cost ofthe fully completed work under this AGREEMENT. The CLIENT ohmU make full payment of the value of such documented monthly service as verified on the monthly invoice statement. 3.02 ADDITIONAL COMPENSATION In addition to any and all compensation heneinobovm. the CLIENT shall compensate J-U-Q for Additional Services, Section 1.03, under a written Authorization for Additional Services executed by both Parties that specifically describes the additional work and the cost associated therewith. These additional services are to be performed or furnished byJ-U-B only upon receiving said written authorization from the CLIENT. 3.03 COMPENSATION ADJUSTMENT CLIENT ggnaea to provide J-U-B o notice to proceed with Services within 120 days of the affective dmba of this Agreement identified in Attachment 1. If the notice to proceed with Gan/ioea is delayed beyond 120 _ days from the effective date of this Agreement, or service described will not be completed during the term of this Agreement through no fault ofJ-U-B. the Agreement oho|| be amended through mutual negotiation ' to oddnaon both eohadu|m and pricing impacts of the delay. CLIENT understands that any pricing increase may not be grant fundable by FAA. ' 3.04 ADDITIONAL CONDITIONS OF COMPENSATION The CLIENT and J-U-B further agree that: A. J-U-Qaha|| submit monthly invoice statements for Services rendered and for expenses incunad, which ototomonbe are due on presentation. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment in full within thirty (30) days after receipt ofJ'U-B'u obohement, the amounts due J-U-B will accrue interest ot the rate of196 per month from said thirtieth day orot the maximum interest rate allowed by law, whichever ioless. � B. If the CLIENT hsi|o to make monthly payments due J'U-B. J-U'B may, after giving ten (10) days written notice to the CL|ENT, suspend services under this Agreement. 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 mapo, p|oba, drmwin0s, estimate mheetm, and other contract documents required for the PROJECT provided J'U'B has been paid in full for the work. Upon the request of the CLIENT and the completion of the work specified herein, all 1 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 mode by the CLIENT with J-U-B's name or that ofJ-U-B ENGINEERS, Inc., attached thereto. Final submittal ofJ-U'B's work product shall be in hord'oopyformat and no electronic design files will be submitted as part ofthe PROJECT, unless expressly requested. Any reuse without written consent byJ-U-B. or without verification or adoption by J'U-8 for the specific ^ purpose intended by the reuse, will beot CL|ENT'a sole risk and without liability or legal exposure hoJ-U- B. The CLIENT shall po|ooam, dehend, indemnifv, and hold J-U'B harmless from any claims, dmma8em, orUono or causes of action, |oameo, and expenmes, including naoaonab|a attorneys' and expert fees, arising & out ofor resulting from such reuse. � J'U-B shall retain an ownership interest in PROJECT documents that allows their reuse ofnon-proprietary � information on subsequent projects atJ'U-B'o sole risk. a Airports FAA Standard Contract(Rev.z'1y) Page FAA Agreement 2019 , 7 4.02 DELEGATION OF DUTIES � Neither the CLIENT no,J-U-B shall de|agote, osaign, sublet or transfer their raopmoUva duties under this � Agreement without the prior written consent of the other. ' 4.03 GENERAL A. Should litigation occur between the two parties na|eding 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, |oohouts, ocoidents, or other events beyond the reasonable control of the other or the other's employees and agents. C. In the event any provisions of this AGREEMENT shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One (1)or more waivers by either party or any provision, term, condition, or covenant shall not be construed by the other party as a waiver of subsequent breach of the same by the other party. � D. J'U-B shall render its aen/i000 under this AGREEMENT in accordance with generally accepted ` professional practices and Standard ofCare. 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-8 represents its judgment oo 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 materim|, or over competitive bidding or market conditions, J-U' B does not guarantee the accuracy of such opinions as compared to Contractor bids or actual costs tothe CLIENT. F. Any notice or other communications required or permitted by this contract or by |avv to be served on, given to, or delivered ho either party hereto by the other party shall be in writing and shall be � deemed duly oerved, givon, or delivered when personally delivered to the party to whom it is � addressed or. in lieu of such personal oen/ioo, when deposited in the United States mai|, certified mai|, return receipt requested, addressed to the CLIENT at 129 No. 2"u Street, Yakima,VVAS8SO1 and to J'U-B otVV. 422 Riversida, Suite 304. Spokane, VVoahington, 99201. Either party. the , CLIENT orJ-U-B. may change his address for the purpose of this paragraph by giving written notice of such change bn the other party in the manner provided in this paragraph. G. In soils investigation work and determining subsurface conditions for the PR(JJECT, the nhooaobarimdoe may vary greatly between successive test points and sample intervals. J U-B will coordinate this work in accordance with generally accepted engineering practices and makes no other warranties, expressed or implied, as to the professional advice furnished by others under the terms of this AGREEMENT. 4.04 MEDIATION BEFORE LITIGATION Any and all disputes arising out of or related to the Agreement, except for the payment of J-U-B's fees, shall be submitted to nonbinding mediation before a mutually acceptable mediator as a condition precedent to litigation or other binding adjudicative procedure unless the parties mutually agree otherwise. The CLIENT further agrees to include o similar mediation provision in all agreements with independent contractors, consultants, subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for mediation as the primary method for dispute resolution among all the parties involved in the Project. In the � event the parties are unable to ognam on a madiator, said mediator shall be appointed by a court of � competent jurisdiction or, if not possible, the American Arbitration Association. If dispute relates to, or in | the subject of a lien arising out of J-U-13's Services, J-U-13 or its subconsultants may proceed in accordance with applicable law to comply with the lien notice and filing deadlines prior to submission of the matter by mediation. This Contract shall be governed by and interpreted under the laws of the State of Washington. Thoportieo agree that in the event it becomes necessary ho enforce any wfthe terms and conditions of this Contract that the forum, venue and jurisdiction in that particular action shall be in Yakima County,Washington. Airports FAA Standard Contract(n*^u'1e) Page FAA Agreement 2019 ' a 4.05 INSURANCE AND INDEMNITY(See Attachment 2—Special Provisions) A. agrees to procure and maintain, mt its expense, Commercial General Liability insurance cf$1,000,000 combined single limit for personal injury and property damages, and Professional Liability |nounmnoa of $1.000.000 per o|oirn for protection against claims arising out of the performance of men/ioem under this Contract caused by negligent aotn, mrroro, or omissions for which J-U-B is legally |iab|m, subject to and limited by the provisions in Subsection 5.01O. "Allocation of Rimho^. if any. J-U-B oho/| deliver to the CL|ENT, prior to execution of the AGREEMENT by the CLIENT and prior to commencing vvorh. Certificates ofInsurance, identified on their face as the Agreement Number to which opp|icable, as evidence that policies providing such coverage and limits of insurance are in full force and effect. J-U-B shall acquire and maintain statutory workmen's compensation coverage. Thirty (30) days advance notice will be given in writing to the CLIENT prior to the oonce||oUmn, herminaUon, or o|tarodmn of said policies of Insurance. B. Indemnification by J-U-B. To the fullest extent permitted by |ovv. J-U-B shall indemnify and hold harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees , from and against any and all claims, 000to. (ooeee, and damages (including but not limited to all fees and charges of CL|ENT, onchitacte, attornaya, and other pnofanniona|s, and all nourt, orbitoaUon, or other dispute resolution costs) arising out ofor relating to the PROJECT, provided that any such claim cost, loss,mr damage ia attributable to bodily injury, oioknasa. disoaso. ordaoth. or to injury to or destruction of tangible property (other than the Work itom|f), including the loss of use resulting there from, but only to the extent caused by any negligent act, arnor, or omission of J-U'B or J-U-B'o offioeno, diraohoro, partnern, amp|nymmo. or Consultants. The indemnification ' provision of the preceding sentence is subject to and limited by the provisions agreed to by CLI ENT and J-U-B in Subsection 5.01O. ^A||moeUmn of Riaha.^ if any. C. mn CLIENT. To the fullest extent permi�ed by law, CLIENT shall indemnify and hold horm|eooJ-U-B. J-U-B'ooffioenu. dineotone, partnaro, agents, ornp|oyaaa. and Consultants from and against any and all claims costs, losses, and damages(including but not limited to all fees and charges of J-U-B, architects, aUorneyo, and other pn»feosiona|o, and all court, orbitnation, or other dispute resolution costs) arising out ofor relating to the PRC>JECT, provided that any such claim cost, |mno, or damage is attributable to bodily injury, aioknaso, diomosa, or death or to injury � to or destruction of tangible property(other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act, error, or omission of CLIENT or CL|ENT'o offioena, dinectmro, or omp|oyeao, retained by or under contract to the CLIENT with respect bo this AGREEMENT orto the PROJECT. � O. Allocation of Risks. The CLIENT and J-U-B have discussed the hoho, 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'obobo| liability to the CLIENT for any and all injuries, o|mimo. |000nm, expennma, damages or claims axpaneam arising out of this agreement from any cause or causes, shall not exceed the total amount of fees paid to J-LI-B under this Agreement. Such causes ino|ude, but are not limited toJ-U-B's nag|iganoe, arrom*, omission and strict liability. Neither CLIENT nor J-U-B shall be responsible for inoidanta|, indirect or ^ consequential damages. � E. J-U-B reserves the right to obtain the aemioam of other consulting engineers and consultants experienced in airport work to prepare and oxmouha o portion of the work that na|otmo to the PROJECT. F. Nothing contained in this agreement shall create a contractual relationship with or a cause of action » in favor ofa third party against J-U-B. � � 4'06 EXTENT OF AGREEMENT This Agreement represents the onUno and integrated agreement between the CLIENT and J-U-B and supersedes all prior nm0oUoUono, nepnsaanbaUono, or agnmemants, either written or oral. This Agreement may be amended only by written instrument signed by both the CLIENT and J-U-B. Airports FAA Standard Contract(Rev. o'1y) Pones FAA Agreement 2019 � n ARTICLE ~ ^ FAA FEDERAL CLAUSES 5i01 SUCCESSORS AND ASSIGNMENTS � A, The CLIENT and J-U-B each binds itself and its partnana, suocaaeoro, exaoubmre, administrators and assigns to the other parties to this Agreement,and to the successors, executors,administrators and assigns of such other party in respect to all covenants of this Agreement. B. It is understood by the CLIENT and J-U-B that the FAA is not a party to this Agreement and will not � be responsible for engineering costs except as should be agreed upon by the CLIENT and the FAA under a Grant Agreement for the PROJECT. C. This Agreement may not be assigned except upon specific prior written consent of the CLIENT. 5.02 TERMINATION A` TERMINATION FOR CONVENIENCE � The CLIENT may, by written notice to J'U-B, terminate this Agreement for its convenience and without cause or default on the part ofJ-U'B. Upon receipt ofthe notice of termination, except as � explicitly directed by the CLIENT, J-U-B must immediately discontinue all services affected. Upon termination of the Agreement, J-U-B must deliver to the CLIENT all data, ourveyn, modo|m, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by J-U-B under this contract, whether complete or partially complete. ' CLIENT agrees to make just and equitable compensation to J-U-B for satisfactory work completed up through the date J-U-B receives the termination notice. Compensation will not include anticipated profit on non-performed services. � CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete omn result of the termination action under this clause. � B. TERMINATION FOR DEFAULT Either party may hunninaha this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party on opportunity to dispute or cure the breach, The terminating party must provide the breaching party 7 days advance written notice ofits intent to terminate the Agreement. The notice must specify the nature and extent of the bneoch, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by CLIENT: The CLIENT may terminate this Agreement in whole or in port, for the failure of J-U-B to: 1. Perform the services within the time specified in this contract or by CLIENT approved extension; 3� K8akeadequate progress noenbo endanger satisfactory pe�ormonoaof the Project; or � = i 3 Fu|�Uthoob|igoUonaoftheAmroemen��ha�aneeoeentia|to�heoomp|ationoftho~ � Project. � � Upon receipt of the notice of termination, J-U-B must immediately discontinue all services ofhaotod unless the notice directs otherwise. Upon termination of the Agreement, J-U-B must deliver b» the CLIENT all data, oun/ayo, modo|o, drmwingn, opadfiooUono, reporto, mape, photognopho, eotimebua, oummarimn, and other documents and materials prepared byJ'U'B under this contract, whether complete or partially complete. Airports FAA Standard Contract(Ro,.o'1y) Page p^^xn,""m."t_2v,e lO CLIENT agrees to make just and equitable compensation to J-U-B for satisfactory work completed up through the date J'U-B receives the termination notice. Compensation will not include anticipated profit on non-performed services. CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as o naou|t of the termination action under this clause. If, after finalization of the termination action, the CLIENT determines J-U-B was not in default ofthe Aonommant, the rights and obligations of the parties shall be the same as if the CLIENT issued the termination for the convenience of the CLIENT. b) Termination by Consultant: J-U-B may terminate this Agreement inwhole or in port, if the CLIENT: 1. Oohau|bs on its obligations under this Agreement; 2. Fails to make payment to J-U-B in accordance with the terms of this Agreement; 3. Suspends the Project for more than 120 days due to reasons beyond the control of J- U-B. Upon receipt of a notice of termination from J'U-B. CLIENT agrees to cooperate with J-U- B for the purpose of terminating the agreement or portion thereof, by mutual consent. If CLIENT and J-U-B cannot reach mutual agreement on the termination aett|omant. J-U-B may, without prejudice ho any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the CLIENT's breach of the contract. In the event of termination due to CLIENT breach, the Engineer /s entitled to invoice CLIENT and to receive full payment for all aen/i000 performed or furnished in accordance with this Agreement and all justified reimbursable mxpanomo incurred by J-U-Bthnou8hthe effaoUwa date of termination action. CLIENT aQnoao to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 5.03 CERTIFICATIONS OF J-U-B AND CLIENT A. The CLIENT and J-U-B hereby certify that J-U-B has not been required, directly or indirectly, as an | expressed or implied condition in connection with obtaining or carrying out this contract,to: ' 1. employ or retain, mr agree to employ or retain, any firm or persons; or 2. poy, or agree ho poy, to any firm, person or organization, any fee, oontribuUon, donation or consideration of any kind. B. Anignmd "Certificate for Contracts, (]oanba. Loans. and Cooperative Agreements" is ino|udedvvith this agreement. 5.04 TAX DELINQUENCY AND FELONY CONVICTIONS J-U-B certifies, by submission of this proposal or acceptance of this contract, that itim not a corporation that has any unpaid Federal tax liability that has been enomooed, for which all judicial and administrative remedies have been exhausted or have |apmed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. J-U-B further represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. � 5.06 CIVIL RIGHTS GENERAL J-U-B agrees that it will comply with pertinent statutes, Executive Orders, and such rules as are promulgated bo ensure that no person oha||, on the grounds ofrace, oraed, co|or, national origin, oex, age, or disability, be excluded from participating in any activity conducted with or benefiting from Federal assistance. ' Airports FAA Standard Contract(Ray.o'1s) Page FAA Agreement 2019 11 ` � This provision binds J-U-B and subtier consultants from the solicitation period through the completion of � the contract. This provision is in addition bo that required of Title\4 of the Civil Rights Act of1QG4. 5.06 CIVIL RIGHTS TITLE VU - NONDISCRIMINATION REQUIREMENTS � During the performance of this oontnact. J-U-B, for itua|f, oubconou|tante, its assignees and successors in interest, agrees asfollows: A. Compliance with Regulations. J-U-B will comply with the Title V1 List of Pertinent Nondiscrimination Acts and Authorities as they may be amended from time to time (hereinafter referred boasthe Regu|atiuno), which one herein incorporated by reference and made o part of this contract. B. J'U'B, with nagond to the work performed by it during the controct, shall not discriminate on the grounds of nooe, no|or, or national origin in the selection and retention of suboonsu|tanto, including pnnounamanto of mnbario|o and leases of equipment. J-U-B will not participate directly orindirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities . including employment practices when the contract covers any ocdvity, pnojeot, or program set forth in Appendix 8of40CFRPart 21. C. Solicitations for Subcontracts,' Includinq ~—�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 nubuontnaot, including procurements of materials or leases of equipment, each potential subconsultant or supplier will be notified by J-U-B of J-U-B's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. � O. `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 booho, naoondu, 0000untn, other sources ofinformation, and its facilities os may badetermined 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 informoUon. J-U-B will no 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 In the event ofJ-U-B'n 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-13 under the contract until J-U-B complies, and/or 2. cancellation, termination, or suspension of the contract, in whole or in part. F. I.ncorporation of Provisions. J-U-B will include the provisions of paragraphs Athrough E in every ouboontnact, including procurements of materials and |eenen of equipment, unless exempt by the Aots. Regulations and directives issued pursuant thereto. J'U'BvviU bake 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. Prmvidad, that if J-U-B becomes involved in, or is threatened with. litigation by a ouboonou|tantor supplier ao a result ofsuch dirooUon. J-U- B may request the CLIENT to enter into such litigation to protect the interests of the CLIENT. In addition, J-U-B may request the United States to enter into such litigation to protect the interests of the United States. 5.07 TITLE V| LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract, J-U-B, for itself, its assignees, and successors in interest agrees h)comply with the following non-discrimination statutes and authorities; including but not limited to: ° Title V| of the Civil Rights Act of 1964 (42 U.G.C. § 2000d at oeq . 78 obgL 252). (prohibits discrimination on the basis of race, color, national ori0in); ° 49 CFR part 21 (Non-dionrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title V| of The Civil Rights Act of1QG4); Airports FAA Standard Contract(amv.o'1y) Page FAA Agreement 2019 12 w The Uniform Relocation Assistance and Real Property Acquisition Policies Actof1Q7O. (42U.8.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); �0 Section 504 of the Rehabilitation Act of 1973. (28 U.S.C. § 784 et oaq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part27; ° The Aga Discrimination Act of 1975. as amended, (42 U.S.O. § 6101 et seq.), (prohibits discrimination on the basis ofage); 0 Airport and Airway Improvement Act mf 1982. (49 USC § 471. Section 47123), as amended. (prohibits discrimination based on nmoe, cnaed, oo|or, national origin, or sex); *. The Civil Rights Restoration Act of1S87. (PL 100-209). (Broadened the scope, coverage and applicability of Title V| of the Civil Rights Act of 1904. The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973. by expanding the definition of the henno "programs oractivities"to include all of the programs or activities of the Federal-aid neoipientm, sub-recipients and contractors, whether such programs or activities are Federally funded or not); ° Titles || and ||| 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 syotemo, places of public accommodation, and certain testing entities (42 U.G.C. §§ 12131 — 12189) ao implemented by Department mf Transportation regulations ot 4QCFR parts 37 and 38; ° The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis ofrace, oo|or, national origin, and sex); � Executive Order 12898. Federal Actions toAddress Environmental Justice in Minority Populations and Low-Income Populations, which ensures non'diaorimi nation against minority populations by discouraging pro8nsmo, po|ioioa, and activities with disproportionately high and adverse human ( health or environmental effects on minority and low-income populations; .• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 bn741DO); ° Title |X of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1881 mtoeq). " 5.00 DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part26) A. The requirements of4QCFR part 2G apply to this contract. |tiothe policy ofthe CLIENT to practice nondiscrimination based on nano, oo|or, sex or national origin in the mvvand or performance of this contract. The CLIENT onomuoaQeo participation by all firma qualifying under this solicitation nogand|oas of business size or ownership. . B. Contract Assurance (§26.13). J-U 8 shall not discriminate on the basis of race, color, national � origin, or sex in the performance of this contract. J-U-B shall carry out applicable requirements of 40 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by J'U'B to carry out these requirements is a mabyho| bnsooh of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. � � C. Prompt Payment (§26.29). J-U'B agrees to pay each consultant under this agreement for � satisfactory performance of its contract no later than 30 days from the receipt ofeach payment J' � U-B o»naivao from the CLIENT. J'U'B ognaeo further to return ratoinagc payments to each ouboonau|tontwithin 30 days after the muboonmu|banyu 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 OBE and non-DBE auboonou|tanta. Airports FAA Standard Contract(nav,n'1e) Page em^ore"m"nt_2mv � 13 � 5.09 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49 CFFkPart 20, Appendix A) A. No Federal appropriated funds shall be paid, by or on behalf cfJ'U-B. to any person for influencing or attempting to influence on officer oremployee of an agency, o Member ofCongress, an officer or employee of Congress, or an employee of Member ofCongress 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 mxhonsion, continuation, renevva|, amendment or modification of any Federal grant, contract, loan, or cooperative agreement. B. |f 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, on officer oremployee of Congress, or an employee of Member ofCongress in connection with any Federal contract, |omn, grant, nr cooperative agreement, J'U'13oho|| complete and submit � Standard Form'LLL. ''Oiso|oauna Form to Report Lobbying.^ in accordance with its instructions. C. J-U-13 shall require that the language of this certification be included in the award documents for all sub-awards at all dora (including auboontnaots, oub-gronto, and contracts under grants, |qonn, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. ` S1� E����k���PP���T0�|T���L�k��E. � During the performance of this contract, J'U-B agrees osfollows: (1) J-U'BvviU not discriminate against any employee or applicant for employment because of race, � color, religion, sex, or national origin. J-U-B will take affirmative action to ensure that applicants are emp|oyed, and that employees are treated during employment without regard to their nane, oo|or, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following: employment, upgrading,demotion, or transfer; recruitment o,recruitment � advertising; layoff or termination; reboo of pay or other forms of compensation; and selection for � training, including apprenticeship. J'U-B ognaao to post in conspicuous p|ocaa, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) J'U'Bxvi||. ina||oo|initaUunsoradvodieomentofmremp|oyaaop|aoedbyoronbeha|fofJ-U-B. otota that all qualified applicants will receive considerations for employment without regard to race, color, ne|igion, aer. or national origin. ( (3) J-U'B will send to each labor union or representative of workers with which he has a collective � bargaining agreement or other contract mr undenatandin8, a notice to be provided advising the said labor union or workers' representatives nfJ-U-8's commitments under this oection, and ohe|| post � copies of the notice in conspicuous places available to employees and applicants for employment. (4) J-U-13 will comply with all provisions of Executive Order 11246 of September 24, 19G5. and ofthe rules, regulations, and relevant orders of the Secretary ofLabor. (5) J-U-13 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 booka, racondo, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such ru|ms, regulations, and , orders. (G) In the event ofJ-U'B'm noncompliance with the nondiscrimination douoam of this contract orwith any of the said ru|eo, nagu|edons, or ordeno, this contract may be oanoe|ed, terminated, or ^ suspended in whole or in part and J'U-B may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September24. 1985, and such other sanctions may be imposed and � remedies invoked as provided in Executive Order 11246 of September 24. 1805, or by rule, � na0u|adon. or order ofthe Secretary of Lobor, or as otherwise provided by law. (7) J'U-B will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted ' Airports FAA Standard Contract(Ravu'1n) PoQo1u FAA Agreement 2019 14 by nules, nsgulationm, or orders of the Secretary of Labor issued pursuant to maodon 204 of Executive Order 1124Gof September 24. 1985. 00 that such provisions will be binding upon each subcontractor orvendor. J-U-Bvvi|| take such action with respect bz any subcontract orpurchase order as the administering o0onny may direct on o means of enforcing such pnovisiVno, including sanctions for noncompliance: Provided. however. That in the eventJ-U-B becomes involved in, or is threatened with. litigation with o subcontractor or vendor oa o result ofsuch direction by the administering agency J-U-B may request the United States to enter into such litigation to protect the interests of the United States. 8.11 ACCESS TO RECORDS AND REPORTS J-U-B must maintain an acceptable cost accounting system. J-U-13 agrees to provide the CLIENT, the FAA, and the Comptroller General of the United States or any of their duly authorized representatives access bo any books, documents, papers, and records of J-U-B which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. J-U-B agrees bu maintain all books, records and reports required under this contract for a period of not less than three years after final payment � im made and all pending matters are closed. ' | 5.12 TRADE RESTRICTION CERTIFICATION (49 CFIR 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 foreign country included in the list of . countries that discriminate against U.S. firms oo published by the Office of the United States Trade RepnaaentoUvm (U.ST.R.); _ B. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. � firms ao 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.8.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of te|me, fictiUoum, or fraudulent certification may render the maker subject to prosecution under Title 18. United States Code, Section 1OO1. J-U-B must provide immediate written notice to the CLIENT if J-U-B learns that its certification or that of a ' mubooneu|tont 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 CFR30.17. no contract shall ba awarded toaouboonuu|tent 1) who is owned or controlled by one or more citizens or nationals of foreign country included on � the list of countries that discriminate against U.S. firms published by the U.S.T.R. or 2) whose suboonau|tenhe one owned or controlled by one or more citizens or nationals of foreign uountryonsuch U.S.T.R. |iotor 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list. � Nothing contained in the foregoing shall be construed to require establishment ofa nyobonn of records in � order to nender, in good faith, the certification required by this provision. The knowledge and information of consultant is not required to exceed that which is normally possessed by a prudent parson in the ordinary course of business dealings. J-U-B ogneoo that, if awarded o contract resulting from this oo|ioibadon, 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 Airports FAA Standard Contract(nov,u'1e) Pano11 FAA xo,"°m""t_2o,y � � 15 �prospective suboonauhont that it is not afirm from m foreign country included on the list of countries that � discriminate against U.8. firms as published by U.S.T.R, unless J-U-B has knowledge that the certification � is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. |fitin later determined that J-U-B oraubconou|bmntknowingly rendered on erroneous certification, the Federal Aviation Administration may direct through the CLIENT cancellation of the contract orsubcontract for default ot no cost to the CLIENT or the FAA. � / 6.13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY,AND VOLUNTARY EXCLUSION J-U-B certifies, by submission of this proposal or acceptance of this contract,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department oragency. |t further agrees by submitting this proposal that it will include this clause without modification in all lower � tier transactions, oo|initmUons, pnopmuo|o, cunbactm, and subcontracts. For each lower tier subcontract that exceeds $25.008 as o ^oovanad transaction", J-U-B shall verify each lower tier participant of "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. J-U-B will accomplish this by: 1) Checking the System for Award Management atwebeibe: http:0wvmw.mam.gov 2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder orOffanor). 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 m higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any � available remedies, including suspension and debarment of the non-compliant participant. � . � 5.14 OCCUPATIONAL HEALTH ACT OF 1970 ' All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of , 20 CFR Part 1910 with the same force and affect as if given in full text. J-U-B aho|| provide e work environment that iu 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 oubconsu|banCncompliance with the applicable requirements of the Occupational Safety and Health Act of 1870 (20 CFR Pad 1910). J-U-B will address any claims or disputes that pertain too referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. 5.18 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 (FLGA), 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 � —VVage and Hour Division. � � | 5.16 VETERAN'S PREFERENCE In the employment of labor (excluding axeouUxe, administnyUve, and supervisory pomiUonm). 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, Afghan isban-|raq war veterans, disabled vetorana, and small business concerns (an defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This pnoh*nanoe only applies when there are covered veterans readily available and qualified to perform the work towhich the employment relates. Airports FAA Standard Contract(Ro,.u'1y) Paoo10 FAA Agreement 2019 16 5.17 TEXTING WHILE DRIVING. In ooconjonne with Executive {}ndar 13513. "Federal Leadership on Reducing Text Messaging While Driving" and DOT Order 38O2.1O "Text Messaging While Driving" FAA encourages naoipimnbe of Federal grant funds to adopt and enforce safety policies that daoraoaa unoahoo by distracted dhmarm, including policies to ban bax± messaging while driving when performing work related to a grant uraub-gnsnL J-U-0 has in place o policy within J-U'BAcoidont Prevention plan that prohibits all employees from tox±ing and driving. J-U-13 shall include these policies in each third party subcontract involved on this project. 5.18 HUMAN TRAFFICKING A. J-U'B. J-U-B'o emp|oyeem, and subcontractors may not engage in severe forms of trafficking in persons during the period of time that the FAA award is in effect, procure a commercial sex act during the period of time that the ovxand is in affeoL or use forced labor in the performance of the award or sub-awards under the award. B. For the purpose of this award term, '`emp|oyem^ includes: 3. An individual employed by you or sub-recipient who is engaged in the performance of the project or program under this award 4 Another person engaged in the performance of the project or program under this ovvond and not compensated by you, inc|uding, but not limited to, o volunteer or individual whose san/ioas are contributed byathird party as an in-kind contribution toward cost sharing or matching requirements. C. For the purposes of this award term only, "forced labor" nnoano labor obtained by any of the fm||ovvinQ methods: the necruitmant, horborinQ, tnynspododon, provimion, or obtaining of e person for labor or services through the use of force, houd, or coercion for the purpose of subjection to involuntary oan/itude, peonoge, debt bondage, or slavery. D. For the purposes of this award term only, "severe forms of trafficking in persons,""commercial sex act,"and "coercion" have the meanings given at Section 103 of the TVPA, as amended (22 U.S.C. 71U2). ' 5.19 ENERGY CONSERVATION � J-U-B and any subconsultants agree to comply with mandatory standards and policies relating to energy efficiency oacontained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. 0201atmmq). � 5.20 PROHIBITION OF SEGREGATED FACILITIES (1) J-U-B agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that itdoes 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 o|ouae in this . contract. | (2) "Segregated haoi|iUom." as used in this o|ouom, means any waiting nzomo, work areas, rest rooms and wash nommo, restaurants and other eating araoo. time clocks, locker rooms and other storage or dressing areas, parking |otm, drinking fountaino, nonnaotion or entertainment onaao, tnansportobon, and housing facilities provided for employees, that are segregated by explicit � ) directive or are in fact segregated on the basis of nsoe, oo|or, re|igion, aax, or national origin ' because of written or oral policies or employee custom. The term dmae not include separate or single-user nmat rooms or necessary dressing or sleeping mnaao provided to aeouno privacy between the sexes. (3) J-U-13 shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. Airports FAA Standard Contract(Reuu'1n) puoo1u FAA Agreement 2019 � ~ 17 �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 OFYAKIMA ATTEST Name: Cliff Moore Name: SonyoC|aor-Taa � Title: City Manager Title: City Clerk ` � J-0-B: ` J-U-B ENGINEERS, Inc. ATTEST � Nome: Chuck A. Lmraon, P.E. Name: Brooke Holm Title: Chairman Title: Office Administrator , m Certification For Contracts Grants,Loans,and Cooperative ABn,wmwnmo , o J'u'aowuannent Lookup � » Attachment 1-Scope ofWork, ` Applicable 000|,of Fee and ao»eou|v Attachments v,Exhibit m ^ Attachment 1 A-omai|euecopvvf this Sami*oo Agreement � are indicated C4 Attachment 1B-Fee Breakdown as marked zg Attachment-8p=cia|Provisions u o Exhibit A-Constmct|onPhaoo : Onmioou O Airports FAA Standard Contract(nev.o'1s) Pago1* 'x^ao,""m""t-co,o 18 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, ho 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 underoignod, to any person for influencing or attempting to influence an officer nremployee of any oganoy, a Member ofCongress, on officer oremployee of Congress, or an employee of 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 axbanoion, oonUnuoUon, nynevxo|, amendmont, 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 on officer oremployee of any agancy, 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, |oan, or cooperative agnaammnt, the undersigned nhm|| complete and submit Standard Form LLL"Disclosure of Lobby Activitiea". in oocondonoa with its instructions. 3. The undersigned shall require that the language of this certification be included in the avvond documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, |oonm, and cooperative agreements) and that all oubneoipanto oho|| certify and disclose accordingly. This certification is e material representation of fact upon which ra|imnom was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352. title 31. U.S. Code. Any person who fails bo file the required certification shall besubject toe civil penalty of not less than $1U.0OO and not more than $1OO.00Ofor each such failure. Signed�-- ~~_—� � —_ ~ ~�~~_ � _ , Date'. " Sponao/ Au thorized Title: ^ Airports FAA Standard Contract(Rev.2-19) Page 15 FAA Agreement2019 � i ` 19 20 J-U-S ENGINEERS,INC.� J-U-13 ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 —Scope mf Services, Basis mf Fee, and Schedule PROJECT NAME: ARFFTmok Procurement, Index AIRPORT NAME: Yakima Air Terminal—McAllister Field CLIENT: City ofYakima A.|'P' NWMMBEPK: 3-53-0089-44-2019 J-W-13 PROJECT NUMBER: 70- 8-040~000 CLIENT PROJECT NUMBER: ATTACHMENT TO: 80 AGREEMENT DATED: March 5th, 2019; on O AUTHORIZATION FOR ADDITIONAL SERVICES #X| DATED: The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B) and the CLIENT io amended and supplemented boinclude the following provisions regarding the Basis of Fee, and/or Schedule: PART I - PFkOJECTUNDERSTAMD|NG FAAA|P 3-53-008-44-2819 includes the Project Formulation, Oaoign, Bidding. Construction and Project Closeout Engineering Services for the following work: ° ARFF Truck and Auxiliary Equipment Bidding and Procurement A detailed Scope of Services is provided in Attachment 1A— Detailed Scope of Work. PART 2 -BASIS OF FEE A. CLIENT shall pay J-U-B for the identified Services im PART 1mmfollows: 1. AFkFF Truck and Auxiliary Equipment Procurement (AAP Eligible). The CLIENT mhn|| � compensate J-U-8 on the basis of lump sum amount of Forty Nine Thouoend, Nino Hundred / / Sixty Five Dollars and Sixty Cents. See Attachment 1 B for a detailed cost breakdown. � 2. Travel Expense (NomAIP Eligib|s). The CLIENT shall compensate J-U-Bmn the basis ofolump sum amount of Two Thousand, Five Hundred Dollars and No Cents ($2,500.00). See Attachment 1B for a detailed cost breakdown. 3. Total Project Fees. The bztg| cost to CLIENT for the specified aen/icaa oho|| not exceed Fifty Two Thousand Four Hundred Sixty Five Oo||orm and Sixty Cents ($52.465.60) without first obtaining the written consent and approval ofCLIENT. (See Attachment 1B for m detailed cost breakdown. PART 3 -SCHEDULE OF SERVICES � � J-U-Bvvi|| perform all son/iooa according to the following schedule and detailed in Attachment 1 —800pa x of Work, Basis of Fee and Schedule: ! March 2U10to December 3O2O This schedule shall be equitably adjusted as the PROJECT pnoQnaaaaa, allowing for changes in 000pa' character orsize of the PROJECT requested by the CLIENT or for delays or other causes beyond J-U'B'o control. J'U'B Agreement for Professional Services Attachment 1 —FAA Scope of Services, Schedule, and Basis of Foe PoAm 1 21 � � � This Agreement shall be in effect from March 5. 2019 to December 31. 2020. In the event the services � � described shall not be completed during the term of this Agreement the Agreement shall be amended. Exhibit(s): • Attachment 1A-Detailed Scope ofServices � ° Attachment 1B Fee Breakdown For internal J-U-B use only: PROJECT LOCATION (STATE): Washington TYPE OF WORK: Choose anitem. GROUP: Airport PROdECTDEGCR|PT|ON(8): A. Airport(AD5) ` � . � � ` ' ' � � ' � , J'U'B Agreement for Professional Services - Attachment 1 —FAA Scope of Services, Schedule,and Basis ofFee Page 22 � �-13 ENGINEERS,INC. J-1.11-13 ENGINEERS, Inc' AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 A—Detailed Scope of Work PROJECT NAME: ARFF Truck Procurement, Index B AIRPORT NAME: Yakima Air Terminal—McAllister Field CLIENT: City of Yakima A.I.P. NUMBER: 3-53~0088 J-U-G$ PROJECT NUMBER: CLIENT PROJECT NUMBER: ATTACHMENT TO: m AGREEMENT DATED: March 5th, 2019: or O AUTHORIZATION FOR ADDITIONAL SERVICES # ' 0�T��' . . The referenced Agreement for Professional Gmnvioen executed between J-U-B ENGINEERS, Inc. (J-U-B) and the CLIENT is amended and supplemented to include the following provisions regarding the Basis of Fee. and/or Schedule: PART I -PROJECT UNDERSTANDING | FAA A|P3'53-0O8-44-2O19 includes the Project Formulation, Design, Bidding, Construction and Project | , Closeout Engineering Services for the following work: 0 ARFF Truck and Auxiliary Equipment Bidding and Procurement PART 2 -SCOPE OF SERVICES BY J-U-B J-U'B'e Services under this Agreement are limited to the following tasks.Any other ibarns necessary to plan and implement the projact, including but not limited to those specifically listed in PART 3, are the responsibility ofCLIENT. ' A. AFKPF Vehicle Acquisition Smr*|cmw Upon the CL|ENT'oAuthohzaUon to Pnzcaad. J-U-B shall: , 1. Conduct Pre-design meeting with CLIENT and FAA via conference call. 2. Finalize work soope, enhedu|e, estimate and contract. 3. Meet with the CLIENT staff to review airport needs, requirements and accessories for the vehicle. 4. Prepare the equipment and accessories technical specifications (2)within FAA guidelines. 5 Prepare bidding oontnao��ooum�n�e ^ � � � G. Prepare and submit design report outlining the requeatedvehio|e/opeoio| equipment. 7. Meet with the CLIENT staff to review specifications and revise ooneeded. 8. In-house quality control review. Q. Assist in preparing FAA grant application and Sponsor Certifications. � » 10. Submit documents to CLIENT and FAA for review and approval. � o. Draft documents ho include boohnioo| specifications, FAA General Provisions, and Sponsor approved bidding and contract language, b. Review, revise as necessary and submit final documents CLIENT and FAA. 11. Revise and provide 10 sets of bidding documents and specifications. 12. Assist CLIENT with advertising for bids. Send plan sets to prospective bidders. J'U'B Agreement for Professional Services oo 13. Conduct a Pre-bid teleconference for interested bidders. Attendance is not mandatory for bidders. � 14. Assist CLIENT in answering questions during bidding. ^ 15. Prepare addenda ma necessary bo clarify bid documents. 16. CONSULTANT will attend bid opening administered by the CLIENT at City Hall. J-U-BxviU interpret bids for compliance with bidding requirements. � 17. Assist CLIENT with notification of award and contract execution. 18. Review contractor equipment submittals. ^ 18. Prepare and confirm one pay request upon delivery and acceptance. 20. Conduct final equipment inspection with CLIENT atAirport. 21. Prepare final project closeout report and forms for Vehicle Procurement following current FAA guidelines. 23. FAA Reports—Quarterly (4). annual report(2). DBE reports (4) 23. Provide assistance to the Airport Manager in the coordination of the grant, project and other � issues that arise during the course of the project. This can include but not ba limited horeviews, letters, and reports, requests for reimbursement, form preparation and attendance at City Council meeting. For internal J-U-B use only: For internal J'U'B use only: PROJECT LOCATION (STATE): Washington TYPE C)F WORK: Choose onitem. GROUP: Airport PR{}JECTDESCR|PT|C]N(S): A. Airport(AD5) � ' � | J'L-8Agreanant for Professional Services 24 ATTACHMENT 1 B PROJECT TITLE: Yakima Air Terminal McAllister Field ARFF Vehicle and Equipment Procurement CLIENT: City of Yakima JOB NUMBER: DATE: 2/8/2019 ENGINEEg!S'PERSONDAY ESTIMATE..1:7`•.:iii• ... .... .:...;7:.:. Princpal Proj Constr. Project Erfl Surveyor Cadd TASK TASK Mgr. Mgr. Engr. Des. Oper. Clcr. TOTAL DIRECT NO PROJECT TASK $65,00 $45.00 $54.00 $39,00 $34.00 $35.00 $32.00 $30,00 HRS COSTS Suhuection-l.01 A-ARFF Vehicle and Equipment Acquisition l Conduct predesign meeting 0 4 0 6 2 0 0 0 12 S482 00 2 Prepare Scope,Contract&Schedule 2 4 0 10 2 0 0 4 22 S888.00 3 Review needs/requirements 0 4 0 14 2 0 0 0 20 $794.00 4 Prepare Technical Specifications(2) 0 4 0 10 2 0 0 8 24 $878.00 5 Prepare contract hid documents 0 6 0 20 2 0 0 4 32 $1,238.00 6 Prepare and submit design report 0 2 0 16 0 0 0 4 22 $834,00 7 Specification final review 0 6 0 12 2 0 0 0 20 $806.00 8 Conduct in-house quality control 2 4 6 4 0 0 0 2 18 $850 00 9 Prepare grant application and Sponsor Certifications 0 2 0 6 2 0 0 6 16 $572 00 10 Final document submittal 0 0 0 2 0 0 0 2 4 $138 CO 11 Revise&Provide 10 sets contract documents 0 I 0 4 2 0 0 4 11 $389,00 12 Assist Owner with advertising tl 0 0 2 0 0 0 8 10 $318.00 13 Conduct a pre-hid teleconference 0 1 0 1 0 0 0 0 2 $84 00 14 Answer bidders questions 0 4 0 14 0 0 0 2 20 $786.00 15 Prepare addenda 0 4 0 8 0 0 0 2 14 5552.00 16 Attend bid opening 0 8 0 0 0 0 0 4 12 S480.00 17 Assist with notification of award and contract execution 0 2 0 8 0 0 0 2 12 $462,00 z 18 Review contractor submittal submittals 0 2 0 8 0 0 0 2 12 $462,00 19 Prepare and confirm(1)one pay request 0 2 0 4 0 0 0 2 8 $306,00 20 Conduct final equipment inspection 0 8 0 8 0 0 0 0 16 $672.00 21 Prepare final project closeout report and forms 0 2 0 12 2 0 0 4 20 $746.00 22 Prepare FAA reports(4)quarterly;(2)annual;(4)DBE 0 8 0 16 2 0 0 10 36 S 1,352 00 23 Owner assistance 0 4 0 4 0 0 0 4 12 $456,00 (Labor Subtotal 4 82 6 189 20 0 0 74 375 $14,545.00 Direct Overhead 188.25% $27,380.96 Fixed Fee 15.0% $6,288.89 Total Labor+Overhead+Fixed Fee I $48,214.86 EXPENSES: Cost Ground Trip rfravel: Pcr Unit `trips Trips Days Miles Markup Air Travel $400 C 1.0 $0.00 Mileage(Engineer) $0.580 5 414 1.0 $1,200,60 Meals/Lodging $83 00 0 1,0 $0.00 Mist,expenses: PRINTING 500 1.I $550,00 SUB-CONSULTANTS: I 50 1.0 $0.00 2 $0 1.0 $0.00 .AlP NON ELIGIBLE: Frav-el Expense 1.0 $2,500,00 Subtotal-Labor—Overhead+Fixed Fee $48,215.00 Subtotal-Expenses $1,750,60 Subtotal- AIP Eligible $49,965,60 Subtotal-AIP Non-Eligible $2,500,00 Total- Subsection 1.01 A-ARFF Vehicle and Equipment Acquisition $52,465,60 Project Total 552,465.60 0„,, 1 A,,,,,,,,_ ,1B 25 20 J-U-13 ENGINEERS, INC. J-W-0 ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Attachment 2 — Special Provisions Client Name: {�ityof Yakima, Yakima Air Project: 70-18-040 Terminal, McAllister Field A.iP. # /U g_ The TERMS AND CONDITIONS of the FAA Agreement for Professional Services dated-are amended to include the following Special Provisions: ' For the purposes of this attachment, 'Agreement for Professional Services' and 'the Agreement' shall refer to the document entitled 'FAA Agreement for Pnzf»ooionm| Services,' executed between J-U-B and CLIENT to which this exhibit and any other exhibits have been attached. FAA AGREEMENT 4.05'ANSURANCE AND INDEMNITY ������� �� ��d �� `- . entirety __ `_,--'.'q'/ 4'05 INSURANCE AND INDEMNITY A. Insurance. 1. At times during performance of the Services, J-U-B shall secure and maintain in effect insurance to protect the CLIENT and J-U-B from and against all o|eima. damages, |oaamo, and expenses arising out of or nomu|UnQ from the performance of this Contract. J-U-B ehe|| provide and maintain in force insurance in limits no less than that stated be|ovv, as applicable. The CLIENT neaan/eo ( the right to require higher limits should it deem it necessary in the best interest of the public. ' 2. Commercial Gmnmmm| Liability |msmrmmcm. Before this Contract is fully executed by the porties. J-U-B shall provide the CLIENT with o certificate of insurance as proof ofcommercial liability insurance and commercial umbn*||e liability insurance with e total minimum liability limit of Two Million Oo||ars ($2.00O.DOD.00) per occurrence combined oin0|m limit bodily injury and property damegm, and Two PNi||iun Oo||anm ($2.000.00000) general aggregate (pa, project). The policy � shall include employers liability (Washington Stop Gop). 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 � x the CL|ENT, its o|oobad offioio|s, officera, ogonta, mmp|oyemo, and volunteers as additional � insureds. The insurance shall be with on insurance company orcompanies rated A'V|| or higher � inBeoya Guide and admitted in the State ofWashington. ` 3. Commercial Automobile Liability Insurance. a. |fJ'U-B owns any vehicles, before this Contract is fully executed by the partion. J-U-B shall provide the CLIENT with o certificate of insurance as proof of commercial automobile liability insurance and oonnmmncim| umbrella liability insurance with e total minimum liability limit of Two Million Dollars ($2.000.000 UO) per occurrence combined single limit bodily injury and property damage. Automobi|a |iobi|ib/vvi|| opp|yto''AnyAuto^ andbashownonth000rtifiooha. J'o'o FAA Agreement for Professional Services 27JIM , J'�-10 ENGINEERS, INC. b. If J-U-B does not own any vehicles, only "Non-owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this Cmntnsnt, which is Section 2 onUUmd "Commercial Liability Insurance". n. Under either situation described above in Section 3.a and Section 3.b, the required certificate � � nf insurance shall clearly state who the provider is, the coverage amount, the policy numbmr, 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 CL|ENT, its elected officia|s, offioera, agenbs, omp|oyeen, and volunteers as additional insureds. The insurance ohoU be with an insurance company or companies rated A-V|| or higher in Best'n Guide and admitted in the State ofWashington. 4. Professional Liability Coverage. Before this Contract is fully executed by the portimo. J-U-B shall provide the City with a certificate of insurance as proof ofprofessional liability coverage with o total minimum liability limit of Two Million Dollars ($2.000.000.00) per claim combined single � limit bodily injury and property damage, and Two Million DoUaro (Q2.OUO.0OD.O0) 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 bm with an insurance � company or companies noted A-V|| or higher in Bast'o 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. ` 8. |ndamnifioaUon by J-U-B. To the fullest extent permitted by |aw. J-U-B shall indemnify and hold � harmless CLIENT, and CL|ENT'ooffioero. dinuctoro, partnera, ogenta, oonau|tanto, and employees from and against any and all claims, ooata. |ooaeo, and damages (including but not limited to all fees and charges of CL|ENT, onnhihootn, ottornaye, and other pnofaooiono|s, and all cuurt, erbitnaUon, or other dispute resolution costs) arising out ofor ,o|oUng to the PROJECT, provided that any such claim coat. |ose, or damage im attributable ho bodily injury, aiuknaoa, diaeaae, or death, or to injury to or destruction � of tangible property (other than the Work itae|f), including the |oma of use resulting there from. but only ' to the extent caused by any negligent oct, ernor, omission of, or willful misconduct ofJ'U-B orJ'U'B'a ' officens, dinootorn, portnmro, employees, or Consultants. The indemnification provision of the preceding ` sentence is subject toand limited by the provisions agreed to by CLIENT and J-U-B in Subsection 4D5D. "Allocation ofRisko." if any. C. by'----- To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless, J'U-B. J-U'B'ooffioena. dinaotoro, portneno, aQanta, employees, and Consultants from and against any and all claims costs, losses,and damages(including but not limited to all fees and charges of J-U'8, orohiheoto, aMornayo, and other profenoimnm|o, and all nourt, mrbitnaUon, or other dispute resolution costs) arising out ofor relating to the PROJECT, provided that any such claim coot. |oas, or damage is attributable to bodily injury, aiuhnena, dioaoae, or death or to injury to or destruction of tangible property (other than the Work itoa|O, including the |000 of use resulting there from, but only to the extent caused by any negligent oot, mrnor, omission of, or willful misconduct mfCLIENT orCL|ENT'm officera, dinantoro, or om'loyaeo, retained by or under contract to the CLIENT with respect to this AGREEMENT orbo the PROJECT. O. A||000Uun of Risks. The CLIENT and J-U-B have discussed the risko, rewards and benefits of the project and the design professional's hmto| fee for services. The risks have been o||onabad such that the CLIENT agrees that to the fullest extent permitted by |evv. J-U-B's total liability to the CLIENT for any , and all injuries, claims, (oosao, expmnuea, damages or u|oimo axpmnamo arising out of this agreement � from any cause or oousas, shall not exceed the total amount of Two Million Dollars ($2.000.000). Such uoueem ino|uda, but are not limited to J-U'8's neg|igenco, arnoru, omiooion, or willful misconduct and strict liability. E� J-U-B remanvao the right to obtain the services of other consulting engineers and uunau|honto experienced in airport work hn prepare and execute a portion of the work that na|ohao to the PROJECT. F. Nothing contained in this agreement shall create m contractual relationship with or cause of action in favor ofa third party against J-U-B +vm FAA Agreement for Professional Services