Loading...
05/07/2019 06E Engineering Services Agreement with JUB Engineering, Inc. to\'4\lyy tbxk ik 1 PP1-:4P PPP g. A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.E. For Meeting of: May 7, 2019 ITEM TITLE: Resolution authorizing an Engineering Services agreement with JUB Engineering, Inc. for Engineering Services to rehabilitate the Runway 9/27 High Intensity Runway Lighting system SUBMITTED BY: Robert K. Peterson,Airport Director, 509-575-6149. SUMMARY EXPLANATION: The airport's primary runway edge lighting system is reaching the end of it's useful life as outlined by the Federal Aviation Administration. This system is an essential function to allow aircraft to depart and land during inclement weather and hours of darkness. Additionally, the asphalt encompassing the Runway was rehabilitated in 2010 and requires preventative maintenance in order to maximize the life expectancy of the Runway. J UB Engineering, Inc. will assist the airport with project formulation, design, bidding services, and submission of grant application in order to receive Federal assistance to rehabilitate the Runway's lighting system and asphalt maintenance in 2020 in an amount not to exceed $144,140.00. 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 during this project. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety Ay if APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: 2 N/A ATTACHMENTS: Description Upload Date Type D Re5olotion 4 33'2019 Resolution D JUE1 Agrixmcnt 413012013 Ccrrt rAct 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing an Engineering Services Agreement with JUB Engineering, Inc. for Engineering Services to rehabilitate the Runway 9/27 High Intensity Runway Lighting system. 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 Yakima Air Terminal and the residents 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 in order to rehabilitate the Runway 9/27 High Intensity Runway Lighting system as well as to crack seal and sealcoat asphalt surfaces which will extend the overall life expectancy of Yakima Air Terminal- McAllister Field's primary Runway; 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 $129,726.00 of federal grant funds and approximately $14,414.00 of Passenger Facility Charge funds, used as the airport's local match requirement, to fund the work to be performed under the terms of the Engineering Services Agreement; and WHEREAS, in accordance with the terms and conditions of the Agreement for engineering services attached hereto the engineer will perform the services outlined in the Engineering Services 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 one hundred forty-four thousand one hundred forty dollars ($144,140.00), to provide Engineering Services for rehabilitation of the airport's Runway 9/27 High Intensity Runway Lighting system, as well as to crack seal and sealcoat runway asphalt surfaces to extend the life expectancy of the runway, as provided under Airport Improvement Program 3-53-0089-43. ADOPTED BY THE CITY COUNCIL this 7'h day of May, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk 4 AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT) Runway 9/27 Pavement Maintenance and H|RLProject, A.|.P. 3'S3'U089'43'2O18 Yakima Air Terminal, McAllister Field,Washington THIS AGREEMENT io effective 000fthe day nf April, %O10by and between City ofYakima, 128 No. 2"«Street, Yakima,VVA08Q01 hereinafter referred b000 the CLIENT, and J'U'B ENGINEERS, |nu.. VV. 422 Riveraido, Suite3O4. Spokane, Washington, 99201. on Idaho Corporation, hereinafter referred toamJ'U'8. WHEREAS, the CLIENT intends to: develop design documents for Runway 9/27 Pavement Maintenance and H|RL hereinafter referred toan the^Prcjact" The services tuba performed byJ'U'B are hereinafter referred t000 the^Semioea" gV| T N ES S ETH Now, therefore, the CLIENT and J-U-13, in consideration of their mutual covenants herein, agree as set for below: ARTICLE 1 J'U'B'S SERVICES 1.01 BASIC SERVICES J'U'BwiU perform the San/ican described in Attachment 1 ' Scope of Services, Basis of Fee, and Schedule in m manner consistent with the standard of care appropriate and applicable to professional engineering principles. J-U-13's services shall be limited to those expressly set forth therein, and J-U-13 shall have no other obligations, duties, or responsibilities for the Project except as provided in this Agreement. 1.02 SCHEDULE OF SERVICES TO BE PERFORMED J'U'B will perform said Services in accordance with the schedule described in Attachment 1 Scope of Sen/ioes. Basis of Fee, and Schedule in o manner consistent with the standard of care applicable to professional engineering principles, This schedule may be equitably adjusted oathe Project progresses, allowing for changes in scope, character or size of the Project oo 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 CLIENT, J'U'B agrees tofurnish, or obtain from othem, additional professional services in connection with the PROJECT, as set forth below and as otherwise contained within this Agreement: A. Provide other services not otherwise provided for in this Agreement, including services normally furnished by the CLIENT as described in Article 3. 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 oemivau as m result of strikes, wo|kouto, or other labor disputes, including acts relating ho settlement cf minority group problems. O. Mitigation work identified in the environmental review. E. Assist the CLIENT in resolving disputes over claims, bankruptcy, |aQe| complaints nr default ofthe Contractor. Airports FAA Standard Contract(Rov.40219) paUo 1 FAA^ore"m°m_2om 5 ARTICLE 2 CLIENT'S RESPONSIBILITIES 2.01 CLIENT'S RESPONSIBILITIES The CLIENT ohmU furnish the following services at the CLIENT'S expense and in such a manner that J-U-B may rely upon them in the performance of its services under this AGREEMENT: A. Deaignaba, in writing, a person authorized to act om the CLIENT'S contact. The CLIENT orhis designated contact shall receive and examine documents submitted by J'U-8 to determine acceptability nfsaid documonto, interpret and define the CLIENT'S po|ioieo, and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of J'U'B'o oenmneo. B. Make available to J'U'B all technical data that is in the CLIENT'S pooseuoion, including maps, uumeyn, property descriptions, boringa, and other information required byJ'U'Band relating to its work. C. Hold promptly all required special meedngo, serve all required public and private ncdioea, 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 nmmiooe necessary for the PROJECT. Legal review of the construction Contract Donumentn, and such writing uomiueo as the CLIENT may require bo account for the expenditure of construction funds. E. Furnish permits and approvals from all governmental authorities having jurisdiction over the PROJECT and from others aa may ba necessary for completion of the PROJECT. F. The CLIENT egnaea to cooperate with J'U'B in the approval of all p|anu, reports and otudiea, and shall make a timely decision in order that no undue expense will be caused J-U-13 because of lack of decisions. |fJ'U'8 is caused extra drafting or other expense due to changes ordered by the CLIENT after the completion and approval of the p|ono, neporte, and ntudima. J'U'B ohoU be equitably paid for such extra expenses and services involved. G. Guarantee full and free access,with reasonable advance notice,for J-U-13 to enter upon all property required for the performance ofJ'U'B'o 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'oporformanueof services under this AGREEMENT. |, Promptly prepare and submit reimbursement requests to funding agencies. J. Compensate J'U'Q for services promptly rendered under this AGREEMENT. K Obtain bids or proposals from nuntnsotom for work relating to the PROJECT and bear all costs relating toadvertising. ARTICLE 3 J'Q'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 ' nhoU compensate J'U'Btherafnre as detailed in Attachment i — Scopm of Services, Bmm|a of Fee and Schedule. Partial payment shall be made for the services performed as the work under this AGREEMENT progresses. Such payment iuto be made monthly based on the itemized stahemanta, invoicos, 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 costa, adjusted for payroll bundeno, and general and administrative overhoed, as well as out-of-pocket expenses, plus that portion of the fixed fee which its percentage of completion bears to the total cost of the Airports FAA Standard Contract(ncv,4nu19) Page FA^^o,°"m,"go,o 0 fully completed work under this AGREEMENT. The CLIENT shall make full payment of the value ufsuch documented monthly service mo verified on the monthly invoice statement. 3.02 ADDITIONAL COMPENSATION In addition to any and all compensation heneinabove. the CLIENT shall oomponooba J'U'8 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 by J-U-B only upon receiving said written authorization from the CLIENT. 3.03 COMPENSATION ADJUSTMENT CLIENT agrees to provide J'U'Bo notice Uo proceed with Services within 120days of the effective date of this Agreement identified in Attachment 1. If the notice to proceed with Services is delayed beyond 120 days from the effective date of this Agreement, or service described will not be completed during the term of this Agreement through no fault of J-U-B, the Agreement shall be amended through mutual negotiation to address both schedule and pricing impacts uf the delay. CLIENT understands that any pricing inunoeae may not ba grant fundable byFAA. 3.04 ADDITIONAL CONDITIONS OFCOMPENSATION The CLIENT and J'U'B further agree that: A. J'U'8 ohoU submit monthly invoice statements for Services rendered and for expenses incurred, which statements are due onpresentation.CLIENT shall make promptmonth|ypayments.If CLIENT toi|o to make any payment in full within thirty (30) days after receipt of J U'B'o ototament, the amounts due J-U-B will accrue interest at the rate of 1% per month from said thirtieth day or at the maximum interest rate allowed by law, whichever is less. ' B. If the CLIENT fails to make monthly payments due J'U'B. J'U'B may, after giving ten (10) days written notice bu the CLIENT, suspend services under this Agreement. ARTICLE 4 GENERAL PROVISIONS 4.01 OWNERSHIP OF DOCUMENTS Upon the request ofthe CL|ENT. J'U'8 shall furnish the CLIENT copies of all mapa, p|oto, dnewinQo, estimate mheeto, 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 hanain, 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'e name or that ofJ'U'B ENGINEERS, Inc., attached thereto. Final submittal of J-U-B's work product shall be in hard-copy format and no electronic design files will be submitted an part cf the PROJECT, unless expressly requested. ` Any reuse without written consent byJ'U'B. or without verification or adoption by J'U'B for the specific purpose intended by the reuse,will be at CLIENT's sole risk and without liability or legal exposure to J-U-B. The CLIENT shall re|oaoe, defend, indemnify, and hold J'U'B harmless from any claims, damogau, actions or causes of action, losses, and expenses, including reasonable attorneys' and expert fees, arising out of or resulting from such reuse. J'U'B oho|| retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary information on subsequent projects otJ'U'8'o sole risk. ' Airports FAA Standard Contract(eev,*oz1e) Page FAA^,re°"~"cm,o 7 4.02 DELEGATION OF DUTIES Neither the CLIENT nor J-U-13 shall delegate, assign, sublet or transfer their respective duties under this Agreement without the prior written consent of the other. 4.03 GENERAL A. Should litigation occur between the two parties relating to the provisions of this Agreement, court costs and reasonable attorney fees incurred shall be borne by their own party. B. Neither party shall hold the other responsible for damage or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the reasonable control of the other o, 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 or more waivers by either party or any pnovioion, tarm, oondidon, or covenant ohoU not be construed by the other party as o waiver of subsequent breach of the same by the other party. D. J'U'B oho|| render its services under this AGREEMENT in accordance with generally accepted professional practices and Standard mfCare. J'U'8 makes nn 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 material, or over competitive bidding or market conditions, J-U-13 does not guarantee the accuracy of such opinions as compared to Contractor bids oractual 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 served, given, or delivered when personally delivered to the party tmwhom it is addressed or. in lieu of such personal ammicm, when deposited in the United States moi|, certified mai|, return receipt requested, addressed to the CLIENT at 129 No. %"«Stnomd. Yakima,VVAQ8OU1 and to J'U'B otVV. 422 R/vonaida, Suite 304. Spmkanm, VVoohinQton, 99201 Either party, the CLIENT or J-U-B, maychange his address forthe purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. G. In soils investigation work and determining subsurface conditions for the PROJECT, the characteristics may vary greatly between successive test points and sample intervals. J'U'8xvi|| 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 ho include similar mediation provision in all agreements with independent contractors, consu|bsntn, oubcontractoro, aubconou|tanto, 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 egmya on a madiotor, said mediator shall be appointed by o court of competent jurisdiction or, if not possible, the American Arbitration Association. If a dispute relates to, or is the subject of a lien arising out of J-U-B'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. The parties agree that in the event it becomes necessary to enforce any of the terms and conditions of this Contract that the forum, venue and jurisdiction in that particular action aho|| be in Yakima County,Washington. Airports FAA Standard Contract(Rev.4021e) Page 8 4.05 INSURANCE AND INDEMNITY(See Attachment 2—Special Provisions) A. J-U-B's]nsu*ance J'U'8 agrees to procure and mainboin, at its expense, Commercial General Liability insurance of$1,000,000 combined single limit for personal injury and property damages, and Professional Liability Insurance of$1.O0O.DOO per claim for protection against claims arising out of the performance of services under this Contract caused by negligent octo, ennre, or omissions for which J'U'B is legally liable, subject to and limited by the provisions in Subsection 5.01O. "Allocation of Riokn^, if any. J'U'B shall deliver to the CL|ENT, prior to execution of the AGREEMENT by the CLIENT and prior to commencing work. Certificates of |nnuronce, identified on their face as the Agreement Number to which opp|icob|e, 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 cenoe||eUnn, barminobon, or alteration of said policies of Insurance. Q. Indemnification bv j~0-B' To the fullest extent permitted by |avv. J'U'B ohm|| indemnify and hold harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees from and against any and all o|oimm. costs, |oomee, and damages (including but not limited to all fees and charges of CL|ENT, arohibecto, attorneyo, and other pnohauaiono|o, and all court, arbitnaUon, or other dispute resolution nnoto) arising out ofor relating to the PROJECT, provided that any such claim cost,loss,or damage is attributable to bodily injury,sickness, disease,or death, or to injury to or destruction of tangible property (other than the Work itoa|f), including the |oou of use resulting there from, but only to the extent caused by any negligent eot, mrnor, or omission of J'U'8 or J'U'B'u officero, direotom, portnero, amp|oymmo. or Consultants. The indemnification provision of the preceding sentence insubject to and limited by the provisions agreed tobyCLIENT and J'U'Bin Subsection 5.O1D. "Allocation nfRioke.^ ifany. C. ^Indemnification CLIENT.To the fullest extent permitted by law,CLIENT shall indemnify and hold harmless J-U-B,J-U-B's officers, directors, partners, agents, employees,and Consultants from and against any and all claims ouotu. |noomo, and damages (including but not limited to all fees and charges ofJ'U'8. mmhitecto, oMorneyo, and other prohsmoione|o, and all court, mrbitrobon, or other dispute resolution nnatm) arising out of or relating to the PROJECT, provided that any such claim coot. |000, or damage is attributable to bodily injury, oickneus, dim000e, or death or to injury toor destruction oftangible property(other than the Work itwa|f). including the loss of use resulting there from, but only to the extent caused by any negligent act, error, or omission of CLIENT or CLIENT's | oMicora, dinonioro, or emp|oyaao, retained by or under contract to the CLIENT with respect to this ' AGREEMENT ortothe PROJECT. D. Allocation of Risks. The CLIENT and J'U'B have discussed the riokm, rewards and benefits of the project and the design professional's total fee for services.The risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, J-U'B'mtoto| liability to the CLIENT for any and all injuries, claims, |ooeeu, expanoea, damages or claims oxpanaoo arising out of this agreement from any cause or causes, shall not exceed the total amount of fees paid to J-U-B under this Agreement. Such causes inc|uda, but are not limited to J'U'B'o nog|igenoa, anoro, omission and strict liability. Neither CLIENT nor J'U'B ohoU be naopnnoib|o for inoidenba|, indirect or consequential damages. E. J'U'B nomemae the right to obtain the oamiueo of other consulting engineers and consultants experienced in airport work to prepare and execute a portion of the work that na|otem 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 QFAGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J'U'8 and supersedes all prior negoUaUonm, napremontationo, or agreements, 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(Rov.00z19) Page y ARTICLE FAA FEDERAL CLAUSES 5.01 SUCCESSORS AND ASSIGNMENTS A. The CLIENT and J'U'B each binds itself and its partnero, ouuoeuaono, axacutom, administrators and assigns to the other parties to this Agreement,and to the successors, executors,administrators and assigns of such other party in respect ho all covenants of this Agreement, 8" It is understood by the CLIENT and J-U-13 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. CL 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 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 Agnooment. J'U'B must deliver tothe CLIENT all data, oumeya, modo|o, drawings,specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by J'U'B under this nontroot, 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 JU'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 ona result of the termination action under this clause. B. TERMINATION FOR DEFAULT Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement.The party initiating the termination action must allow the breaching party on 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 braauh, 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. o) Termination by CLIENT: The CLIENT may terminate this Agreement in whole orinpart, for the failure nfJ'U'Bto: 1° Perform the services within the time specified in this contract or by CLIENT approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project-, or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Pro eoL 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, ourveyo, mode|a, dnavvingo, apecificoUuno, reporte, mapu, photognnpha, aatimataa, uummariea, and other documents and materials prepared byJ'U'8 under this oontroot, whether complete or partially complete. Airports FAA Standard Contract(Rev.*0219) Page r^a^o,°e"ie"'_2o10 lO CLIENT agrees 10 make just and equitable compensation boJ'U-B for satisfactory work completed up through the dab* J'U'8 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 oon result cf the termination action under this clause. If, after finalization of the termination action, the CLIENT determines J'U'B was not in default of the Agnaement, the rights and obligations of the parties shall be the nmma as if the CLIENT issued the termination for the convenience of the CLIENT. b) Termination by Consultant: J'U'B may terminate this Agreement in whole orin part, if the CLIENT: 1. Defaults 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 o notice of termination from J'U'B. CLIENT ognaau 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 oetUemant. J'U'B may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the CLIENT's breach of the contract. In the event of termination due to CLIENT breach, the Engineer is entitled to invoice CLIENT and to receive full payment for all services performed or furnished in onnnndonce with this Agreement and all justified reimbursable expenses incurred byJ'U'Bthnuughtha 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 i ' clause. [ 6.03 CERTIFICATIONS 0FJ'U-B AND CLIENT ! A` The CLIENT and J-U-B hereby certify that J-U-B has not been required, directly or indirectly, as an ! expressed or implied condition in connection with obtaining or carrying out this contract,to: ! ^ 1. employ or retain, or agree ho employ or retain, any firm or persons; or � 2. pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or / consideration of any kind. ! B. A signed "Certificate for Contracts, Grants, Loans, and Cooperative Agreements" is included with | this agreement. 5.04 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 aeoe000d, 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 collecting the tax liability. J-U-B further represents that it is not a corporation that was convicted of a criminal violation under any Fadano| law within the preceding 24 months. 6.06 CIVIL RIGHTS GENERAL J'U'B agrees that it will comply with pertinent statutes, Executive Orders, and such rules ao are promulgated to ensure that no person ohaU, on the grounds ofrace, nnood, nn|or, national origin' sex, mge, or disability, be excluded from participating in any activity conducted with or benefiting from Federal assistance. Airports FAA Standard Contract(R*v40219) Page FAA Agreement 2019 ll � This provision binds J'U'B and oubUar 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 Actof1QG4. 5.06 CIVIL RIGHTS TITLE VI ' NONDISCRIMINATION REQUIREMENTS During the performance of this oontvoui. J'U'B, for itself, ouboonou|tonts, its assignees and ouuueouorn in [ interest, agrees aafollows: � A. U J'U'Bvicomp�w�h the T� \4 Title Pe rtinent Acts /\ ' 8o and Authorities en �haymay be amended from time 0otime (hereinafter referred to as the ! Regulations), which are herein incorporated by reference and made a part of this contract. ' B. Non-discrimination. J'U'B. with regard to the work performed by it during the oon1ract, shall not / discriminate on the grounds of nooe, uo|or, or national origin in the selection and retention of ouboonuu|banto, including procurements of mebaha|a and |ea000 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, pnojeot, or program set forth in Appendix Bnf40CFR Part 21. C. Solicitations for- --Subcontracts, Including ` Procurements of Materials and Equipment. n all solicitations either by competitive bidding or negotiation made by J'U'B for work to be performed under a aubuontnact, including procurements of materials or |anmea 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, no|or, 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 bo its books, reuondo, 0000unto, other sources of information, and its facilities nu may bedetermined by the CLIENT or the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and AuthohUao, and instructions.Where any information required of J-U-B is in the exclusive possession of another who tsi|o or refuses to furnish this informaUon. J'U'B will no certify tothe CLIENT or the FAA, as nppropriata, and will set forth what efforts it has made to obtain the information. E. :Sanctions for Noncompliance. In the event ofJ'U'B'u 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, inc|uding, but not limited to: 1. withholding of payments to J-U-B under the contract until J-U-B complies,and/or 2. cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions.^ J'U'BwiU include the provisions of paragraphs Athrough E in every uubnontnamt, including procurements of materials and |eoaea of equipment, unless exempt by the Aots. Regulations and directives issued pursuant thereto. J'U'BvviU take such action with respect to any subcontract or procurement omthe CLIENT or the FAA may direct as o means of enforcing , such provisions including sanctions for noncompliance. Pnuvided, that ifJ'U'B becomes involved in, or is threatened with. litigation by a muboonmu|bentor supplier aa a nyuu|t 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. 5.07 TITLE N1 LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract. J'U'8, for itself, its annignaeo, and ouooe000re in interest agrees to comply with the following non'diachmination statutes and authorities; including but not limited to: ~ Title V| of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252). (prohibits discrimination on the basis of race, oo|or, national origin); ° 49 CFR port 21 (Non'disuhmination In Federal y-Aammbed Programs of The Department of Transportation—Effectuation cf Title V| nf The Civil Rights Act of1QG4); Airports FAA Standard Contract(no*^^ou1e) Page 12 °° The Uniform Relocation Assistance and Real Property Acquisition Policies Actnf1Q7D. (42U.S.0 §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and pnojacts); 0 Section 504 of the Rehabilitation Act of 1973. (29 U.S.C. § 794 et nmq.), as amended, (prohibits discrimination on the basis ufdiaabi|ity); and 4ACFR part 27; ° The Age Discrimination Act of 1975. as amended. (43 U.S.C. § 6101 et seq.), (prohibits discrimination wn the basis ofage); a Airport and Airway Improvement Act of 1982. (49 USC § 471. Section 47123), as amended, (prohibits discrimination based on nsca, oreed, no|nr, national origin, or sex); ° The Civil Rights Restoration Act of 1987. (PL 100'208). (Broadened the scope, coverage and applicability of Title V| of the Civil Rights Act of 1964. The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); �0 Titles || and III of the Americans with Disabilities Act of1AQO. which prohibit discrimination nnthe basis of disability in the operation of public mntitieo, public and private transportation oyutmmn, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; ~ The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and new); ° Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which ensures non-discrimination against minority populations by discouraging prognamm, pn|ioiem, and activities with disproportionately high and adverse human health mr environmental effects on minority and low-income populations; ' ° Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, ' and nyou|Ung agency guidance, national origin discrimination includes discrimination because of ! limited English pnuficienoy (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 ' to741OO); | ° Title 0{ of the Education Amendments of 1972. as amandad, which prohibits you from ' discriminating because of sex in education programs or activities (20 U.S.C. 1681 atoeq). 5.88 DISADVANTAGED BUSINESS ENTERPRISE (49 CFRPmrt 26) A. The requirements of4QCFR part%G apply to this contract. |tiathe policy of the CLIENT bopractice nondiscrimination based on naue, oo|or, sex or national origin in the award or pedbnnanna of this contract. The CLIENT encourages participation by all firms qualifying under this solicitation regardless mf business size orownership. BL Contract Aoounonoo (§28.13). J'U'B ehoU not discriminate on the basis of race, color, national ohgin, or sex in the performance of this contract. J'U'B shall carry out applicable requirements of 49CFR Port2G in the award and administration of DOT assisted contracts. Failure byJ'U'B to uony out these requirements is o material breach of this cuntramt, which may naou|t in the � termination of this contract or such other remedy, as the recipient deems appropriate. C" Prompt Payment (§26.20). 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'U8 agrees further to return nmtainage 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 fn||nvving written approval of the CLIENT. This u|auoa applies to both OBE and non-DBE oubconuu|tanto. Airports FAA Standard Contract(nov.4ou1y) Page FAA Agreement 13 6.09 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49 CFRFart 2U. Appendix A) A. No Federal appropriated funds shall be paid, by or on behalf of J-U-13,to any person for influencing or attempting to influence an officer or employee of an agency, m 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 extanoion, onnUnuatiun, nunevva|. amendment or modification of any Federal grant, contract, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal contract, |oon, grant, or cooperative agreement, J'U'Boha|| 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 atall tiers (including subcontracts, sub'granto, and contracts under grants, |oono, and cooperative agreements) and that all sub-recipients uho|| certify and disclose accordingly. 5.10 EQUAL OPPORTUNITY CLAUSE During the performance of this contract, J'U'B agrees aofoUowm�' (1) J'U'Bwi|| not discriminate against any employee o, 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|uyad, and that employees any treated during employment without regard to their race, cu|or, religion, sex,sexual orientation, gender identify or national origin. Such action shall include, but not bo limited to the following: employment, upgradinQ, demotion,ortransfer; recruitment orrecruitment advertising; layoff or termination- rates of pay ur other forms of compensation; and ne|muUon for training, including apprenticeship. J U'B agrees to post in conspicuous p|aoom, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) J'U'@vvi||. ina||oo|ioitmdnnonradvertisomentahnremp|uyoemp|ouedbyoronbeha|fofJ'U'B. otota that all qualified applicants will receive considerations for employment without regard to race, color, ne|igion, oax, or national origin. (3) J'U'B will send to each labor union or representative of workers with which he has o collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of J-U-B's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) J-U-B will comply with all provisions of Executive Order 11246 of September 24, 1QG5. 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 books, records, and accounts by the administering agency and the Secretary ' of Labor for purposes of investigation to ascertain compliance with such ru|ao, regu|aUonw, and orders. (G) In the event of J-U-B's noncompliance with the nondiscrimination clauses of this contract or with any of the said ru|ae, regu|aUono, or ordmro, this contract may be oanoo|ed, tarminatad, or suspended in whole or in part and J'U'8 may be dmdonad ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 1124Gcf September 24. 1965. and such other sanctions may be imposed and remedies invoked on provided in Executive Order 11248 of September 24. 1965. or by rule, regulation, or order of the Secretary of Labor, 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(nev4oz1n) po»o10 r^^Av""m""u»,» 14 by rules, regulations, ororders of the Secretary of Labor issued pursuant to section204 of Executive Order 11248nf September 24. 1&G5. eo that such provisions will bm binding upon each subcontractor wrvendor. J'U'B will take such action with respect ho any subcontract or purchase order as the administering agency may direct as o means of enforcing such pnoviaiono, 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 naau|t of such direction by the administering egoncyJ'U'B may request the United States to enter into such litigation to protect the interests of the United States. 6.11 ACCESS TO RECORDS AND REPORTS J'U'B must maintain an acceptable cost accounting system. J'U'BoQnoauto provide the CLIENT,the F/�\. and the Comptroller��enera| of the United States nr any of duly authorized representatives access to any books, documents, papers, and records of J-U-B which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. J-U-B agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment io made and all pending matters are closed. 8.12 TRADE RESTRICTION CERTIFICATION (49 CFRpmrt 30) By submission of an offer, J-U-B certifies that with respect to this solicitation and any resultant contract,the Offmnor' A. is not nvvnmd or controlled by one or more citizens of foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade RmpnaoentaUva (U.8IR.); O. has not knowingly entered into any contract ur subcontract for this project with n person that in a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms om published by the U.SJ.R; and C. has not entered into any subcontract for any product to be used on the Federal public works project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns o matter within the jurisdiction ofmn agency ofthe United States of America and the making of ho|oe, fiotiUnuo, or fraudulent certification may render the maker subject tm prosecution under Title 18. United States Code, Section 1OO1 J'U'B must provide immediate written notice to the CLIENT ifJ'U'B learns that its certification or that ufa aubuonmu/tant 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 CFR3O.17. no contract shall be awarded tonmubconou|tant: 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.G firms published by the U.ST.R.or 2) whose mubconnu|tnnto are owned or controlled by one or more citizens or nationals of foreign country on such U.GT.R list or 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render, in good faith,the certification required by this provision. The knowledge and information of a consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J'U-B agrees that, if awarded a contract resulting from this ou|ioibobon, 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(Rov.*ou1e) PaUo11 � '^^^nre"m""L,mv � 15 - prospective eubconou8ontUhat it is not firm from a 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. If it is later determined thatJ'U'B oryubonnau|tant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the CLIENT cancellation of the contract or subcontract for default etnocost to the CLIENT or the FAA. 5.13 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. 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 o "covered 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 atwobaitu: http:// vwmv.smm.gow 2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder orOffenor). 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 tei|ad to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered txonuooUon. the FAA may pursue any available nommdiao, including suspension and debarment cf the non-compliant participant. 5.14 OCCUPATIONAL HEALTH ACT OF1970 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 o referenced requirement directly with the U.S. Department nf Labor—Occupational Safety and Health Administration. � 5.16 FEDERAL FAIR LABOR STANDARDS ACT All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR pnd2O1. the Federal Fair Labor Standards Act (FL3A), 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 nr disputes that arise from this requirement directly with the U.G. Department ofLabor —Wage and Hour Division. 5.16 VETERAN'S PREFERENCE In the employment of labor(excluding exeoutive, adminintnuhve, and supervisory puaitiono). J'U'B and all sub-tier consultants must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled vetnnons, 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. Airports FAA Standard Contract(Rev*oz1o) Poge10 r^^^n�""""um,v 16 5.17 TEXTNG WHILE DRIVING. In accordance with Executive Order 13513. "Federal Leadership on Reducing Text Messaging While Driving" and DOT Order 3902.1O "Text Messaging While Driving" FAA encourages recipients ofFederal grant funds bu adopt and enforce safety policies that decrease uneohao by distracted dhvera, including policies bo ban text messaging while driving when performing work related to a grant or sub-grant, J-U-13 has in place a policy within J-U-B Accident Prevention plan that prohibits all employees from texting 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'a amp|oyeem, and subcontractors may not engage in aaveno forms of trafficking in persons during the period of time that the FAA award is in offen1, 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, ''emp|nyea^ includes: 3. An individual employed by you or aub'recipientvvho is engaged in the performance of the project or program under this award i 4~ Another person engaged in the performance of the project or program under this award and i not compensated by you, including, but not limited to, a volunteer or individual whose services are contributed byathird party as an in-kind contribution toward cost sharing or matching requirements. | C. For the purposes of this avvond term only, "forced |obnr^ means labor obtained by any ofthe ' following methods: the neoruitment, harboring, tranoportaUon, pnnvioion, or obtaining of person . for labor orservices through the use of force, fnoud, or coercion for the purpose of subjection to � involuntary servitude, poonagm, 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, | 71O2). 5.19 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(42U.S.C. 6201sdnoq). 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 toui|iUaa at any of its mstob|iohmente, 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 douo* in this contract. (2) "Segregated teci|iUee.^ as used in this o|ouse, means any waiting roomo, work mnaon, neuL rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing oraao. parking |obs, drinking founboina, recreation or entertainment mraoo, tnanoportsUon, and housing facilities provided for emp|oyeee, that are amgnagmhad by explicit directive or are in fact segregated on the basis of nace, nn|or, nu|igion, mex, or national origin because of written or onm| policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping onaao provided to assure 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(nov*nz1n) Pago10 FAA Agreement 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 OF YAKIMA ATTEST BY: Name: Cliff Moore Name: Sonya Clear-Tee Title: City Manager Title: City Clerk JUB J-U-B ENGINEERS, Inc, ATTEST By: • • Name: Chuck A. Larson, RE. Name: Brooke Holm Title: Chairman Title: Office Administrator o Certification For Contracts Grants,Loans,and Cooperative Agreements • J-U-B Debarment Lookup • Attachment 1—Scope of Applicable Services,Basis of Fee and Attachments or Exhibit to Schedule this 0 Attachment IA—Detailed Scope of Agreement Work are indicated as marked 0 Attachment 18—Fee Breakdown 0 Attachment 2—Special Provisions o Exhibit A—Construction Phase Services Airports FAA Standard Contract(Rev.40219) Page 14 FAA Agreement_2019 18 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, bo the best of his nr her knowledge and belief, that: 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, |oon, 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 oha|| cwmp|etmmndaubmitSbmndavdFormLLL''Oiso|oounaofLobbyAotixiUao^. inauoondanne with its instructions. 3. The undersigned shall require that the language mf this certification be included in the award documents for all oubmwondoat all tiers (including subcontracts, oubgnants. andomrtnoctounder 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.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: - -- , Dmie�.-- 8ponaor'oAuthohzedRepnoeentatima Title: ' Airports FAA Standard Contract(Rox40u 9) pagem l& ��ENGINEERS,mC. J~1.11~13 ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 -Scope of Services, Basis oY Fee, and Schedule PROJECT NAME: RunwoyQ'27 Pavement Maintenance and H|RL Project AIRPORT NAME: Yakima Air Terminal, McAllister Field CLIENT: City of Yakima A.U.P. NUK8BER: 3-53-00-9-043W2019 _ J-U-B PROJECT NUMBER: 70-19-010 CLIENT PROJECT NUMBER:^ ATTACHMENT TO: «» AGREENAENT DATED: Click or tap to enter date.; or El 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 is amended and supplemented to include the following provisions regarding the Basis of Fee, and/or Schedule: PART 1 'PROJECT UNDERSTANDING FAA A|P3-63-OO80-043'2O1g includes the Project Formulation, Design, Bidding, and Project Closeout Engineering Services for the following work: ° Replacement, in kind, of Runway 9/27 high intensity incandescent runway edge/end lights(HIRL) � * Replacement of Runway 0V27 series circuit cable, complete ( � 4 Replace and relocate supplementary wind cone beyond the Runway Safety Area(RSA) � ~ Crack seal, seal coat, and apply markings bo Runway Q/27pavement A detailed Scope mf Services ia provided in Attachment I A-Detailed Scope cfWork, PART 2'BASIS OF FEE A. CLIENT shall pay J'U'0 for the identified Services |m PART 1awfollows: 1. Project Formulation, Preliminary Design, Final Design, Bidding and Project Closeout. The CLIENT shall compensate J-LI-B on the basis of a lump sum fee not to exceed One Hundred Forty- Four Thousand, One Hundred Forty Dollars($144,140.00). See Attachment 1 B for a detailed cost breakdown. PART 3-SCHEDULE OFSERVICES J-U-B will perform all services according bo the following schedule: Services described herein are anticipated tobe completed by May 1. 2020. This Agreement shall be in effect from April 1. 3019 to May 1. 2020. In the event the man/inem described shall not be completed during the term of this Agreement the Agreement shall beamended. This schedule aho|| be equitably adjusted as the PROJECT pnoyn000em, allowing for changes in scope, ^ character nr size of the PROJECT requested by the CLIENT or for delays or other causes beyond J-U-B's control. J'u'e Agreement for Professional Services Attachment 1-FAA Scope nr Services,Schedule,and Basis o,Fee 4nu1w powo1'1 20 Exhibit(s): • Attachment 1A- Detailed Scope of Work * Attachment 1B Fee Breakdown For internal J-U-B use only: PROJECT LOCATION (STATE): Washington TYPE OF WORK: Federal GROUP:Airport PROJECT DESCRIPTION(S): A. Airport(A05) B. Choose an item. J-U-B Agreement for Professional Services Attachment 1—FAA Scope of Services,Schedule,and Basis of Fee 40219 Page 1-2 21 �-111 ENGINEERS,INC. J-U-13 ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1A—Detailed Scope mfWork PROJECT NAME: Runway Q'27 Pavement Maintenance and H|RLProject AIRPORT NAME: Yakima Air Terminal, McAllister Field CLIENT: City ofYakima A.|.P. NU88BER: 3-53-0089'043=2019 J'U'13 PROJECT NUMBER:0'1Q'O1O CLIENT PROJECT NUMBER:,�^ ~ r tap here%o enter text.^ ATTACHMENT TO: «» AGREEMENT DATED:'Click:or tap to enter a date,; or [] AUTHORIZATION FOR ADDITIONAL SERVICES#X; DATED:.--Click or tap to enter adate,_ | The referenced Agreement for Professional Services executed between J-U-B ENGINEERS, Inc. (J-U-B) | and the CLIENT is amended and supplemented to include the following provisions regarding the Scope of Services, Basis of Fee, and/or Schedule: PART -PROJECT UNDERSTANDING FAA AIP 3-53-0089-043-2019 includes the Project Formulation, Design, Bidding, and Project Closeout Engineering Services for the following work: ~ Replacement, in kind, of Runway 9/27 high intensity incandescent runway edge/end lights(HIRL) ° Replacement uf Runway QCZ7 series circuit cable, complete + Replace and relocate supplementary wind cone beyond the Runway Safety Area(RSA) • Crack seal, seal coat, and apply markings to Runway Q/27pavement PART 2-SCOPE OF SERVICES BYJ'U-B J'U'B'o Gon/ioan under this Agreement are limited to the following tasks.Any other items necessary to plan and implement the project, including but not limited to those specifically listed in PART 3, are the responsibility ofCLIENT. A. Task O00: Project Formulation Phase 1. Conduct a Pre-design meeting with CLIENT and FAA via teleconference. The meeting will be held to determine the planning and study issues that will need to be addressed during the design of the project. The FAA Pnadeaign Conference Checklist will be the guide for project discussions. ' Minutes of the Predesign meeting will be compiled and forwarded to the FAA and CLIENT. 2. Assist the CLIENT with Project Scope development and formulation. J U-B will pnapona o Scope of Services narrative and detailed description of all work tasks for CLIENT and FAA review and approval. Discuss review comments and revise accordingly. 3. Upon approval of the Scope of Services, J-U-B will prepare a listing of work tasks in a spreadsheet with "empty cells" for peroon'houm, hourly rabeo, oxpenoma, and costs for the project. This spreadsheet will bm used for both J'U'B and the Independent Fee estimate. J'U'B shall prepare a detailed cost proposal on the spreadsheet, based on estimates of work to accomplish the Scope of Services. Sub-consultant scope of service and fees shall be broken out in order for the CLIENT to evaluate costs are reasonable. J'U'8 Agreement for Professional Services Attachment 1A—FAA Detailed Scope ufWork Page 1 22 4. Assist Client with Record of Negotiations documentation. J'U'8 shall provide the CLIENT and the Independent Fee Eotimotor (|FE) with a blank perm»n'houropreodoheet. Scope of Services, and overall project estimate. S. Prepare an Agreement for Professional Services for submittal and review by the CLIENT and FAA. The Agreement shall be comprehensive in description of services and responsibilities of all contract parties. 6. Assist CLIENT with preparation and submittal of FAA Grant Application for Federal Assistance for the pnojact, including estimated project uonta, drawingn, and a schedule for FAA submittal prior to beginning of the project. 7. Assist CLIENT in the submittal of FAA Sponsor Certifications. These include the "Selection of Consultants", "Project Plans and Specifications", "Drug Free Workplace", "Equipment/Construction Contracts","Disclosure Regarding Potential Conflicts"and"Construction Project Final Acceptance". 8. Provide the following services related to Federal Disadvantaged Business Enterprise requirements (OBE) a. Annual Reporting (2) 9. Prepare and submit four(4) FAA Quarterly Performance Reports throughout the pnojoot, this hook will include 2 end of year reports as well. 10. Assist CLIENT in preparation and processing of monthly Request for Reimbursement (RFR) by submitting data as described. It in anticipated that the CLIENT will prepare and process eight(8) monthly sets of RFR 'packages' for this project. J'U'8 will provide documentation of costs for the CL|ENT's use in performing the Request for Reimbursements including consultant invoiceu, reimbursement spreadsheet and Standard Form 271. B. Task 001: Preliminary Design Phase 1. Investigate the proposed project site at the Airport. Allow civil design personnel to become familiar with the proposed job site. Take photognspho, perform o visual survey of the pavement oreao, and otherwise document findings ofvisit. 2. Assemble and review mapping, p|onn, documents and other available information. 3. Provide or obtain field oumeyo, which include detailed topographic information of improvement areas for design purposes. Coordinate with surveyors to verify that design survey is performed as required, This will include one (1) on-site meeting with surveyors tn review project location and | safety. The general auupa of the survey work will included the following.. Topographic survey data will be collected from the centerline of Runway 9'27 to the edge of the shoulder pavement on either side of the runway centerline at 100 ft utoUono, including the |ighto, nearby m|eutriom| vaults/structures and the runway markings. Contract with a private utility locate company to mark known utilities within the survey limits. Collect topographic survey data and structure as-built information for existing drainage, lighting and signing features, Establish supplemental control for the topographic survey. Survey will be tied to existing primary (PACs) and secondary (SACs) airport control stations. It is expected that the existing geodetic control stations are recoverable and in good condition. The survey will have to be coordinated with the Airport Manager for airport nooeoa and optimum time to minimize disruption to air traffic. The airfield pavements and runway will be open to ainoraft, surveyors will have to monitor the local frequency and move out of safety areas for aircraft. The survey shall be conducted in accordance tn FAA AC 15O/537O'2Q safety guidelines. Vertical datum should bein accordance toNAVD88. and horizontal datum should be in accordance to NAO 83. Vertical tolerances shall be +0.02'faet for paved surfaces and +OO5'feet for unpaved surfaces. Horizontal tolerances shall be+U.03'foeL 4. Coordinate with an electrical subcontractor for edge lighting design. This line item shall include the coordination and contracting with o Suboonou|tmnt. The Gubconou|tont fees shall be addressed in the Expensno'Subconou|tont Section. Electrical Subcontractor will verify the loading requirements J'U'o Agreement for Professional Services Attachment 1A—FAA Detailed Scope nfWork Page 23 for the proposed edge lighting modifications. Any significant alterations of the electrical vault equipment nr modification to the building itself based on these load changes will bm considered an additional service. See attached n|ecthoo| ouboonou8antocope of services. 5. Determine the operational and phasing effects of closing the runway during construction. Closing the runway will impact the airport users, FBO's and transient aircraft during the construction period. Study the effects of the various o|hameUvao including night oonatmction, temporary displaced thnaohu|du, or phased construction. Two (2) to five (5) meetings ot the Airport will be needed to present preliminary alternatives and phasing plans to the CLIENT and stakeholders. CONSULTANT will oaaiut Airport with tenant presentation to ensure tenants are appraised of the impacts through each phase ofconstruction. G. Consultant will assist in preparing the Airport for discussions with the Air Traffic Office to determine if an SRK8 panel will be needed for this project. Phasing exhibits and preliminary closure schedules will be developed tw facilitate this discussion. 7. Assemble base data and base maps for the project work area from the design survey. 8. Prepare preliminary Design 9|onu (7596 complete)for review and discussion with the CLIENT and FAA. It is anticipated that the project design will consist of42 plan sheets including: a. Cover and general informational sheets—3 b. Construction Safety Plan sheets—2 c Construction Phasing sheets—4 d. Demolition Plan sheets—3 e. Crack seal and seal coat plan sheets—4 [ Marking Plan oheeto—G g. Detail sheets—4 h. Electrical Site Plan— 1 i Electrical Demolition Plans—3 ]. Lighting and Signing Plan aheats—G k. Electrical Detail sheets—S B. Pnapono preliminary Construction Contract Documents and Technical Specifications based on |ahand version of FAA AC 150/5370'10H. "Standard Specifications for Construction of Airports" including the current Regional Notice published by the FAA Airports Districts Office. 10. Prepare on Engineer's Opinion of Probable Construction Coat based on construction cost eoUmoteu, phasing into workable portions for oonutruotabi|ib/. budget, and construction schedule and advise the CLIENT ooto budget status. 11. Prepare preliminary Construction Safety and Phasing Plan according toAC 150/5378'2Qfor evaluation by the CLIENT, Airport. FBD, airport users and agencies. An electronic copy will be submitted to the FAA Airport District Office for coordination, neview, and approval with other FAA lines of business using the airspace process. a. Coordinate with CL|ENT, airport uoaro. FB0' ARFF staff. ATCT, and air carriers to develop phasing alternatives potentially including: phased construction, temporary ( runway closures, and temporary displaced thresholds. � Design Plans and Specifications may include existing pavement marking removal (hydro- blasting), temporary relocated threshold markings and reduced runway lengths. b. Estimate construction duration of potential phasing alternatives to determine required closure Uma(o) bn accommodate scheduled air carrier operations. o. Attend one(1) meeting at the Airport to present phasing plans to the above referenced Airport users. 12. Prepare the preliminary Engineer's Design Report in conformance with FAA guidelines.The report shall include a Summary of the Project and its specific design issues, Project Schedule, reference to the Construction Safety and Phasing Plan, Modification of Standards, Design Analysis, and Construction Cost Estimate and Schedule. J'U'o Agreement for Professional Services Attachment 18—FAA Detailed Scope ofWork Page 24 13. Condmct in-house quality control/quality assurance review of preliminary design documents. 14. Participate in o preliminary design review meeting with the CLIENT. Anticipate two (2) review meetings with the CLIENT at the Airport,attendance by the Project Manager and Engineer. Review design phi|000phy, preliminary design drawings, design analysis and project schedules with the CLIENT. 15. Prepare and submit one (1) FAA Form 7460 to airspace the project construction equipment. 16. Submit preliminary documents bo FAA(1 copy) and CLIENT(2 copies) for approval. C. Task 002: Final Design Phase 1. Finalize bidding contract documents and technical specifications based on Puer. CLIENT, and FAA Reviews. 2. Finalize design plans, details, and sections based on Peer. CLIENT, and FAA Reviews. 3. Prepare Final Construction Safety and Phasing Plan (CSPP) to accommodate varying work components that need tn meet prescribed schedules. 4. Complete final quantity calculations and prepare Engineer's Opinion of Probable Construction Cost. 5. Prepare Final Design Report based on Peer, CLIENT, and FAA Reviews, G. Submit final documents to FAA(1 copy) and CLIENT (3 copies)for approval. D. Task O03: Bidding Phase 1. Administer the public bid advertisement process including bid document reproduction and i distribution of documents to plan roomn, contractors and suppliers. Submit advertisements to n appropriate newapaper(s)and trade magazines as required for publication. Maintain o"bidders list" and distribute plans as requested. Fees for Plan & SpacifioaUon Reproduction shall be | reflected in the^Phndng^ line below. ! 2. Provide Pre-Bid Conference coordination tofamiliarize bidders and interested parties with the ! construction project scope and requirements. Prepare a detailed agenda and displays, prepare ! and issue conference minutes. It is anticipated that J'U'Bwill conduct this meeting at the . Airport. ! 3. Prepare Bid Addendumn. Addenda are normally required in response bo Contractor questions and/or design changes initiated by the CLIENT and/or the FAA. Engineering estimate includes costs for the preparation of two Addendumo. 4. Respond to questions that arise during the Contractor's or supplier's bid preparation process. 5. Assist the CLIENT in conducting the project Bid Opening as raquired, including preparation of a Project Bid Summary, |tivanticipated that J'U'8will coordinate and attend this meeting at City Hall. O. Prepare detailed Bid Tabulations documenting bid results and submit to CLIENT and the FAA. 7. Assist the CLIENT with review and analysis of bids received. J'U'8wiU determine his opinion on "responsiveness" of bid submittal. Provide letter of recommendation of award along with prica/uootano|yuio in accordance with FAA Order 51UD.38D'Appondix U17, Table U'12 to � CLIENT. Advise the CLIENT of possible action in cases where bids exceed budget for the � work tobo performed by the Contractor. 8 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. Q. 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. J'U's Agreement for Professional Services Attachment 1A—FAA Detailed Scope ofWork Page on E. TmmkO04: Project Closeout ' 1. Prepare the final project report and dose-out documents according to FAA requirements and submit to CLIENT and FAA. 3. Assist and coordinate with independent auditors in locating appropriate documents for performing A+133 annual audit. |n addition hn finding appropriate project files,answer questions as required. Assumptions a AG|8 Survey/Update io not required. ~ OBE program nequivamento, with the exception of annual nopmrting, will not be included in the scope. � No Environmental Assessment orEnvironmental Impact Statement is required. The project has been determined to be Categorically Excluded under FAA Order 1050.1 F Paragraphs 5-6.4e and 5'6.3bon11/27/2018. � A Safety Risk Management panel will not bmheld as part ofthis project unless itiuinitiated by ATO. � Runway signs, ATCT control ponn|, and runway regulator(CCR)will not be included in the project scope. ~ Revised Signing. [Narking. and Lighting Plans are not required. For internal J'U'B use only: PROJECT LOCATION (8TATE): Washington TYPE OFWORK: Citv GROUP: Airport PROJECTOESCR|PT|ON(S): A. Airport(AOS) B. Other Engineering (204) J-U-s Agreement for Professional Services Attachment 1A—FAA Detailed Scope ofWork Page oo 16300 Christensen Rd, Suite 330 Seattle,Washington SO188 Phone: 206.243.5022 Fax: 20O.243.52O5 ^ January 23, 2019 McllmnthvQ. Ike, P.E. J-D'B ENGINEERS, Inc. 422 \V. Riverside, Suite 3O4 Spokane, WA 99201 Subject: Eiootriuu| Engineering Services Proposal for Yakima Runway 9/27D|RL Replacement Reference: \/nhousunooi|y from 8/1/18— 1/22/19 Dear Tim, Based ou the information iu our correspondence, lbuvedcve|opedtbe (bi|orviogucupuof services and attached estimate for engineering services. E|coo Associates will be the single point of electrical consultant services. Project Description and Expected Electrical Design Elements: This project consists of the replacement of electrical systems for Runway 9-27oi Yakima Airport, including the [bUovving: l. Replacement iu kind ofhigh intensity incandescent runway edge/end |ighto (HlQL). Z Replacement of runway series circuit cable,complete. 3. Replacement or primary wind cone,concurrent with segmented circle work. 4. Replacement or relocation n[supplementary wind cone. 5. Replacement o,modification ofother runway related electrical items found deficient during inspection, such uxsigns, | 6. The following are not expected\o be included in the project xoopo: � 6.1. P/\Pls—replaced— |2 years ago 62. Tower control panel —mp|aced with P&P\y 6.3. Runway regulator(CCR)—replaced 2O\8 Scope of Work: Electrical engineering services are expected to consist n[the following |. Project Management 2. Project Development meeting 3. Site Investigation 3.1. Review historic documents for airfield construction. 3.2. Site inspection for condition and configuration o[runway equipment. Pagc \ o[S ' 27 3.3. Report oncondition of airfield electrical equipment. Report to include available spare capacity ofexisting series circuits on power new edge lights and signs. 4. Prepare three submittals (30%, 90%, Final)consisting ofthe following: 4.\.E\ectricu| design plans, details, diagrams, and schedules for the project using /\u0mCAQ. 4.2.E|eobioul specifications for the project using FAA 3|uudurdx for Specifying Construction template where applicable. 4.3.Rngineer`o estimate oyprobable construction cost. 4.4.Deoign Report input. 5. Review and Planning 5.|. Three conference call review meetings 5.2. One meeting uL the airport 5.3. Respond to and incorporate review comments. 0. Bid Phase 6.(. Attend pnzbidmeeting. 0.2. BF) rcxponaeo Assumptions: |. Light types' locations, and lensing to be determined by JU@ personnel. | 2. Sign locations, sizes, and legends to be determined hyJUB personnel. 3. Replacement of existing constant current regulators if deficient in condition or capacity is | included expected range n[services. 4. Minor improvements o[lighting vault for serviceability iuexpected. 5. Design will include phasing provisions and temporary displaced thresholds. 6. Information about underground route interferences will be provided by others. 7. Photographs may be used in lieu o[drawn details 0. JDB personnel will determine airfield equipment location requirements based on survey results. g. Drawing backgrounds/border/requirements provided by JUB 3 weeks minimum prior to submittal date. 10. Any nnodifiva1ionutn this scope will be documented in writing prior tothe work (email will nufDoe for u notice toprooccd). | |. Future airport projects whose scope will not be included in the current project include: � | |.|. BFl/\ Building ^ 11.2. Taxiway Extension 11.3. Taxiway Refurbishment Deliverables: |. Report on airfield runway electrical condition and capacity. 2. 30% submittal (Drawings, Specifications Index, Cost Estimate, Design report input) in electronic format. ' 3. 90% Submittal (Drawings, Specifications, Cost Estimate, 30% Review Comment Responses, Design report input) in electronic format. 4. Final submittal (Drawings, Specifications, Cost Estimate, 90% Review Comment Responses, Design report input) iu electronic format. Drawings will bc signed and ocnied 5. Responses to Bid Period RFls Page 2oF3 28 Schedule: I. Design will be completed per a mutually agreeable schedule, with all design and construction work expected to be completed in 2019. Thank you for the opportunity to propose on this work. Please contact me if you have any questions. We look forward to working with you on this project. Sincerely, Dean C. Ralphs, P. E. Project Manager—ELCON ASSOCIATES, INC Enclosures: Yakima Rwy Eke Fee Estimate 190123 Page 3 of 3 29 Estimate for Engineering Services ELCON ASSOCIATES, INC. Project: Yakima Runway 9/27 HIRL Replacement C°vSJ 'ANIS Client No: Elcon No: 5519-001.01 Phase: Design / Bid Revision: January 23, 2019 Budgeted Labor By Category in Manhours ENGINEERING SERVICES Project Senior Sr, Manager Engineer Engineer Designer, CADD Clerical Total 1. Project Management 4 4 8 2. Project Development meeting 8 8 3. Site Investigation 3.1. Review historic documents 4 4 3.2. Site inspection 16 16 3.3. Report on condition 8 8 4. 30%, 90%, Final Submittals 4.1. Drawings. 8 60 60 128 4.2, Specifications 2 12 14 4.3. Cost estimate 10 10 4.4. Design Report 8 8 5. Review and Planning 5.1, 3 conference calls 6 6 5.2. One meeting at the airport 8 8 5.3. Review comments responses 6 6 ............................................... .... 6. Bid Phase 6.1. Attend prebid meeting. 6 6 .6.2. RFI responses 6 6 Total Labor Hours: 50 122 60 4 236 Labor Rate:Standard Rate $160.00 $155.00 $135.00 $120.00 $100.00 $85.00 Total Labor Cost: $8,000 $18,910 $6,000 $340 $33,250 ......... .......................... EXPENSES Travel 4 trips of 256 miles @ $0.580 $594 Per diem x 5 $/Day $50.00 $250 ParkingHottelel x x 1.. .... @ $90.00 $90 Postage, Courier Total Expenses I $934 TOTAL ESTIMATED FEE $34,184 ATTACHMENT 1B , PROJECT TITLE: Runway 9/27 HIRL and Pavement Maintenance CLIENT: City of Yakima o JOB NUMBER: 70-18-040 0-) DATE: 2/22/2019 i4i.1%* ---AWKS-0-gita000,-----"!- 5.': ,.„ ._._ Principal Proj. Sr. PE/ Design Survey Field Cadd TASK TASK Mgr. Engr Desnr Engr. PLS Survey Oper. Cler. Trips TOTAL DIRECT NO PROJECT TASK $65.00 $46.00 $67.00 $40.00 $35.00 $58.00 $35.00 $32.00 $30.00 HRS COSTS 1.01.A Project Formulation Phase I Conduct Pre-Design Meeting 0 4 0 8 0 0 0 0 2 14 $564.00 _ 2 Assist with project scope development and formulation 1 8 0 12 0 0 0 0 4 25 $1.033.00 3 Finalize Work Scope,Schedule.Estimate and Contract. WE review and approval 1 2 0 6 0 0 0 0 2 11 $457.00, .... 4 Assist with Record of Negotiations 0 2 0 0 0 0 0 0 0 2 $92.00 5 Prepare Agreement for Professional Services 4 6 0 6 0 0 0 0 4 20 $896.00 6 Assist with FAA Grant Application& Schedule 0 4 0 4 4 0 0 0 6 18 $664.00 ' Assist with FAA sponsor certs 0 I 0 2 2 0 0 0 2 7 $256.00 8 Assist with Federal Disadvantaged Business Enterprise requirements(DBE) Prepare annual reports(2) 0 0 0 0 5 0 0 0 0 5 $175.00 9 Prepare and submit four(4)quarterly reports 0 2 0 0 6 0 0 0 0 8 $302.00 ID Prepare and submit RFRs 0 8 0 10 16 0 0 0 2 36 $1,388.00 1.01B Preliminary Design Phase i Investigate proposed project site 0 8 0 20 20 0 0 4 2 1 54 $2,056.00 2 Assemble&review mapping.plans document&other available information 0 6 0 6 2 0 0 0 2 16 $646.00 ..3 Topographic survey . . Obtain Field Survey and Utility Locates 0 2 0 4 4 8 22 16 4 2 60 $2,258.00 , Establish supplemental control 0 0 0 0 0 0 2 0 0 2 $70.00 4 Electrical Subconsultant Coordination 0 2 0 8 12 0 0 0 4 26 $952.00 5 Operational and phasing effects of closing runway 0 4 4 24 16 0 0 6 4 58 $2,284.00 6 Assist Client with SRM panel discussion 4 0 4 0 0 0 0 0 2 10 $588.00 7 CADD base mapping 0 2 0 2 6 2 0 20 2 34 $1.198.00. 8 Preliminary plans,details&sections 0 2 0 16 20 0 0 24 4 66 $2,320.00 9 Prepare preliminary bidding contract documents&specifications 0 2 1 8 20 0 0 6 4 41 $1,491.00 Attachment 1B-Fee Breakdown Master YKM Pavement and HIRL 2_22_2019 Page A2-1 ATTACHMENT 1B _..... PROJECT TITLE: Runway 9/27 HIRE and Pavement Maintenance CLIENT: City of Yakima 07 JOB NUMBER: 70-18-040 DATE: 2/22(2019 :.7;11-(.....E.I1 Principal Proj. Sr. PE/ Design Survey Field Cadd TASK rAsii Mgr. Engr Desnr Engr. PLS Survey Oper. Cler. Trips TOTAL DIRECT NO PROJECT TASK S65.00 $46.00 $67.00 $40.00 $35.00 $58.00 $35.00 $32.00 $30.00 HRS COSTS i--- - '° Prepare preliminary construction cost estimates 0 2 1 2 5 0 0 0 2 12 " $474.00 Prepare Construction Safety&Phasing Plan(CSPP) 0 2 0 8 16 0 0 6 4 36 $1,284.00 _ 12 Prepare Preliminary Design Report 0 2 0 8 20 0 0 0 2 32 S1,172.00 i3 In-house QAIQC 2 1 2 0 0 0 0 0 2 7 $370.00 14 Preliminary design review meeting(2) 2 4 4 8 8 0 0 2 6 2 34 $1,426.00 15 Prepare and submit FAA Form 7460 0 0 0 0 4 0 0 2 2 8 $264.00 16 Submit Design Report,Plans and Contract Documents 0 0 0 8 4 0 0 2 4 18 $644.00 1.01C Final Design Phase I Revise plan sets and contract documents 0 0 0 4 8 0 0 4 0 16 $568.00 2. Finalize design plans,details& sections 0 0 0 2 2 0 0 4 0 8 $278.00 I 3 Prepare final Construction Safety& Phasing Plan(CSPP) 0 0 0 2 2 0 0 2 0 6 $214.00. 4 Final quantity calcs&Engineer's Opinion of Probable Construction Cost 0 1 I 2 2 0 0 0 0 6 $263.00 Prepare final design report 0 I 0 2 4 0 0 0 1 8 $296.00 6 Su mit fin documents to FAA&Client 0 0 0 1 1 0 0 0 2 4 $135.00 1.01D Bidding Phase , 1 Bid advertisement 0 4 0 0 0 0 0 0 10 14 $484.00 2 Pre-bid conference coordination 0 8 0 8 4 0 0 0 0 1 20 $828.00 3 Prepare addenda as necessary 0 1 0 2 6 0 0 2 1 12 $430.00 4 Respond to bidder questions 0 4 0 4 8 0 0 0 0 16 $624.00 5 Assist with bid opening 0 8 0 8 0 0 0 0 0 1 16 $688.00 6 Prepare detailed bid tabulation 0 2 0 2 0 0 0 0 2 6 $232.00 7 Assist Client with review and analysis of bids 0 2 1 1 0 0 0 0 2 6 $259.00 8 Assist with Notice of Award and contract execution 0 2 0 6 0 0 0 0 1 9 $362.00 9 Coordination with FAA and Client during award process 0 2 0 1 0 0 0 0 2 5 $192.00 1.01E Project Closeout Phase .. ... Attachment 1B-Fee Breakdown Master YKM Pavement and HIRL 2_22_2019 Page A2-2 ATTACHMENT 1 B PROJECT TITLE: Runway9/27 HIRL and Pavement Maintenance CLIENT: City of Yakima CO JOB NUMBER: 70-18-040 DATE: xuar " Principal Proj. Sr. PE/ Design Survey Field Cadd TASK rwsK Mgr. Engr Desnr Engr. PLS Survey Oper. Cler. Trips TOTAL DIRECT so PROJECT TASK $65.00 $46.00 $67.00 $40.00 $35.00 $58.00 $35.00 $32.00 $30.00 HRS COSTS ' Prepare final project report and closeout documents 0 2 0 10 16 0 0 0 8 36 $1,292.00 ` 2 Assist and coordinate with independent auditors(A-133 annual audit) 0 I 0 0 0 0 0 0 4 5 $166.00 , Sub-Total Design 14 114 18 225 243 10 24 100 105 7 853 $32.635.00 t4BOR Labor Subtotal 14 114 18 225 243 10 24 100 105 7 853 $32,635.00 Direct Overhead 188.25% $61,435.39 Fixed Fee 15.0% $14,110.56 Total Labor+Overhead+Fixed Fee $108,180.95 ` Cost Air Ground Trip EXPENSES: Per Unit Trips Trips Days Miles Markup Air Travel $600.00 0 1.0 $0.00 Mileage $0.580 7 410 1.0 $1,664.60 Per Diem $46.00 0 1.0 $0.00 Lodging $83.00 0 1.0 $0.00 GPS Survey Unit $18.31 6 1.0 $109.86 Printing $0.00 1.1 $0.00 St:BC©SSt LTA,YTS: i Elcon Associates,Inc. $34,184 1.0 $34,184.00 3 $0 1.0 $0.00 Subtotal-Labor+Overhead+Fixed Fee $108.180.95 Subtotal-Expenses $1,774.46 Subtotal-Subconsultants $34,184.00 Total- Project Formulation,Preliminary Design,Final Design,Bidding& Project Closeout S144,140.00 Attachment 1 B-Fee Breakdown Master YKM Pavement and HIRL 2_22_2019 Page A2-3 oo - �1.1-8 ENGINEERS, INC. J'U'B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Attachment 2 — Special Provisions Client Name: City of Yakima, Yakima Air Project: Runway 9/27 Pavement Maintenance Terminal, McAllister Field A.iP. # 3'53'0089'43'2019 The TERMS AND CONDITIONS of the FAA Agreement for Professional 8amiuea dated °=°===ona amended to include the following Special Provisions: For the purposes of this attachment, 'Agreement for Professional 8amivaa'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. FAA AGREEMENT 4.05|NSURANCE AND UNDEMN| Delete Section 4.05 in its entirefv and mplace with the followina: 4.05 INSURANCE AND INDEMNITY A. |naunenom. 1. During performance of the Smmicos. J'U'B shall secure and maintain in effect insurance to protect the CLIENT and J'U-Bhnm and against all o|oimm. damages, |ooaao, and expenses arising out of or resulting from the performance of this Contract. J'U'B shall provide and maintain in force insurance in limits no less than that stated ba|ovv, on applicable. The CLIENT reserves the right to ( require higher limits should it deem it necessary in the best interest mfthe public. 2. Commercial General Liability Insurance. Before this Contract is fully executed by the partiee. J'U'B ohe|| 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 OoUano ($2.000.000.00) per occurrence combined single limit bodily injury and property damage, and Two Million OoUono($2.000.000.00) general aggregate(per pnojeoU. 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 affect. Said policy shall be in effect for the duration of this Contract. The policy shall name the CLIENT, its elected officials,offioare,agenhn,nmp|oyeao,and volunteers oeadditional insureds. The insurance shall be with an insurance company orcompanies nyhod A-VI| or higher in Beot'n Guide and admitted in the State ofWashington, ,ve FAA Agreement for Professional Services 34 � �U-0 ENGINEERS, INC. 3. Commercial Automobile Liability Insurance. o. |fJ'U'B owns any vehicles, before this Contract is fully executed by the partieo. J'U'B shall provide the CLIENT with a certificate of insurance as proof ofcommercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million OoUanm ($2.000.000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to"Any Auto" and be shown on the certificate. b. |fJ'U'B does not own any vehicles, only "Non-owned and Hired Automobile Liability" will be required and may added bo the commercial liability coverage at the same limits as required in that section of this Contract, 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 uhnU clearly state who the provider is, the coverage emount, the policy numbar, 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 uffioia|o, offioero, agento, emp|oyeeo, and volunteers as additional insureds. The insurance ohoU be with an insurance company or companies rated A-Vil or higher in Best's Guide and admitted in the State of Washington. 4. Professional Liability Coverage. Before this Contract io fully executed by the partimo. J'U'B aho|| provide the City with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million OoUano ($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 ohoU be with on insurance company or companies rated A'VU or higher in Best'a Guide. If the policy is written on a claims mode basis the coverage will continue in force for an additional two years after the completion of this contract. B. Indemnification bv J,U=B. To the fullest extent permitted by|avv. J'U'B mho|| indomnify, dohend, and hold harmless CLIENT, and CL|ENT'o uffioam, direotorn, pmrtnero, o0onto, conou|tonta, and employees from � and against any and all claims, costs, |unneo, and damages (including but not limited to all fees and charges of CL|ENT, oruhitecto, attnrnmys, and other profoumiono|m, and all court, arbitnoUon, or other dispute resolution costs)arising out of or relating to the PROJECT,provided that any such claim cost,loss, or damage is attributable to bodily injury, eiukneoo, dioaaoe, or death, or to injury to or destruction of tangible property (other than the Work itna|0, including the |000 of use resulting there from, but only to the extent caused by any negligent act, enor, omission of, or willful misconduct ofJ'U'B orJ'U'8'o offioem, dinacLo,o, portnera, 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 4,05D, "Allocation ofRieko.^ifany. J-U-B's costs associated with the defense requirement shall be proportional toJ'U'B's negligence ms determined by the trier offact. C.1ndernmNMcabon � �� �� N[[ To the fullest extent parmi#edby|avv. CLIENT shall indemnify, defend, and hold harmless,J'U'B. J'U'B'm officers,directors, partners, agents, employees,and Consultants from and against any and all claims costs, losses,and damages(including but not limited to all fees and charges of J-U-B,architects,attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, |omo, or damage is ^ue,^^^u~"°"m for Professional Services vxm*^Attach merit u-Special p°w..""" r^^(REV^m`,) nw°'" on J-U*o ENGINEERS,INC. attributable to bodily injury, oioknooe, dioeooa, or death or to injury to or destruction of tangible property (other than the Work itoe|f), including the |000 of use resulting there from, but only to the extent caused by any negligent act, error, omission of, or willful misconduct of CLIENT or CLIENT's officers, directors, or employees, retained by or under contract to the CLIENT with respect to this AGREEMENT or to the PROJECT. CL|ENT'o costs associated with the defense requirement shall be proportional 1oCL|ENT'o negligence oo determined by the trier offact. D. Allocation of Risks.The CLIENT and J-U-B have discussed the risks, rewards and benefits of the project and the design professional's bzto|fee for services. The risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by |aw. J'U'B'o total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any unuam or uauomo, ohe|| not exceed the total amount of Two Million Dollars ($2.000.000). Such causes include, but are not limited to J-U-B's negligence,errors,omission,or willful misconduct and strict liability. E. J-U-13 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 on*ata a contractual relationship with or cause of action in favor ofa third party against J'U-B. ^uem^Agreement for Professional Services