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04/06/2021 04F Engineering Services Agreement Amend. No. 1 with JUB Engineering, Inc. for Aircraft Rescue and Firefighting Apparatus 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 STATEMENT Item No. 4.F. For Meeting of:April 6, 2021 ITEM TITLE: Resolution authorizing an Engineering Services Agreement Amendment No. 1 with JUB Engineering, Inc., to design and acquire an Aircraft Rescue and Firefighting apparatus SUBMITTED BY: Robert K. Peterson,Airport Director, 509-575-6149 SUMMARY EXPLANATION: In 2019, City Council approved an Engineering Services Agreement with J UB Engineering, Inc., to provide engineering services required to design and acquire an Aircraft Rescue and Fire Fighting apparatus for the Yakima Air Terminal-McAllister Field. The original Scope of Work and contract entailed developing one schedule of work to acquire both the fire apparatus and the associated auxiliary equipment. Through close coordination with City of Yakima Purchasing Division, JUB Engineering, Inc., and the Federal Aviation Administration, it was recommended the fire apparatus' auxiliary equipment be divided into similar or like categories which yielded 13 individual schedules of work to be advertised to suppliers throughout the nation. This direction yielded best results for bidders to provide the required auxiliary equipment and Personal Protective Equipment needed to help the Yakima Fire Department respond to emergencies on the airport.Amendment#1 will increase the overall contract by$13,664. Funding for the amendment will originate from the Federal Aviation Administration grant program and the airport's Passenger Facility Charge program. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D esolution 2/23/2021 E esolution 2 D Original Crotacl 2.03121121 Czakacl D Awn-Innen-I #1 316/21121 Czakacl D Wtathal Hairs 31212021 CartsAct 3 RESOLUTION NO. R-2021- A RESOLUTION authorizing a Engineering Services Agreement Amendment No. 1 with JUB Engineering, Inc., for Engineering Services required to design and acquire an Aircraft Rescue and Firefighting apparatus. WHEREAS, City owns and operates Yakima Air Terminal-McAllister Field in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City maintains a roster of consultants whose statements of qualifications represent that they have the expertise necessary to perform the services required by the City; and WHEREAS, the State of Washington requires these services to be performed by a Professional Licensed Engineer; and WHEREAS, the City entered into an agreement with JUB Engineering, Inc., on March 5, 2019, to provide project formulation, design, bidding services and to develop and submit a grant application and a project closeout report necessary to acquire an Aircraft Rescue and Firefighting apparatus and associated auxiliary equipment; and WHEREAS, the original Scope of Work and contract entailed developing one schedule of work to acquire both the fire apparatus and the associated auxiliary equipment, which was to be advertised through a competitive bidding process through the City of Yakima's Purchasing Department; and WHEREAS, through close coordination with City of Yakima Purchasing Department, JUB Engineering, Inc., and the Federal Aviation Administration, it was recommended the fire apparatus' auxiliary equipment be divided into similar or like categories which yielded 13 individual schedules of work to be advertised to suppliers throughout the nation; and WHEREAS, by advertising different schedules yielded the best results for bidders to provide the required auxiliary equipment and Personal Protective Equipment needed to help the Yakima Fire Department respond to emergencies on the airport; and WHEREAS, the Yakima Air Terminal-McAllister Field has coordinated with the Federal Aviation Administration through the airport's Capital Improvement Plan to utilize federal grant funds and passenger facility charge funds in order to pay for the additional fees incurred in 2020; 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 Amendment#1 with JUB Engineering, Inc. in the amount not to exceed Thirteen Thousand Six Hundred and Sixty-Four Dollars ($13,664), to provide engineering services for the airport's Aircraft Rescue and Firefighting apparatus project 3-53-0089-44-2018. ADOPTED BY THE CITY COUNCIL this 6'h of April, 2021. ATTEST: Patricia Byers, Mayor Sonya Claar-Tee, City Clerk " ^ 4 J~U-13 ENGINEERS" Inc. AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 —Scope mf Services, Basis of Fee, and Schedule PROJECT NAME: ARFF Truck Procurement, Index AIRPORT NAME: Yakima Air Terminal—McAllister Field CLIENT: City ofYakima A.|'P. NUMBER: 3-53-O089'44=2O1S ` ' J'U'B PROJECT NUMBER: 7048-040-800 CLIENT PROJECT NUMBER: ATTACHMENT TO: m» AGREEMENT DATED: March 5th' 2019| mr O AUTHORIZATION FOR ADDITIONAL SERVICES#X; DATED: The referenced Agreement for Professional Services executed between J-LI-B ENGINEERS, Inc.(J-U-B) and the CLIENT is amended and supplemented to include the following provisions regarding the Basis of Fee, and/or Schedule: PART i -PROJECT UNDERSTANDING FAA AIP 3-53-008-44-2019 includes the Project Formulation, Design, Bidding, Construction and Project Closeout Engineering Services for the following work: * ARFF Truck and Auxiliary Equipment Bidding and Procurement A detailed Scope of Services is provided in Attachment 1 A— Detailed Scope of Work. PART 2-BASIS OF FEE A. CLIENT ohm|i pay J'W'B for the identified Services in PART 1 as follows: 1. ARiFP Truck and Auxiliary Equipment Procurement (AIP Eligible). The CLIENT uhmU ' compensate J-LI-B on the basis of a lump sum amount of Forty Nine Thousand, Nine Hundred Sixty Five Dollars and Sixty Cents. See Attachment 1 B for a detailed cost breakdown. ( \ 2. Travel Expense (Non AVP E|igibUe). The CLIENT shall compensate J-U-Bon the basis ofalump sum amount of Two Thousand, Five Hundred Dollars and No Cents ($2.5O0.00). See Attachment 1B for odetailed cost breakdown. 3. Total Project Fees. The total cost to CLIENT for the specified services shall not exceed Fifty Two Thousand Four Hundred Sixty Five Dollars and Sixty Cents($52,465.60)without first obtaining the written consent and approval ofCLIENT. (See Attachment 1B for a detailed cost breakdown. � PART 3-SCHEDULE OF SERVICES J-U-B will perform all services according to the following schedule and detailed in Attachment 1 —Scope of Work, Basis of Fee and Schedule: March 2O10bo December 2O20 x � This schedule shall be equitably adjusted as the PROJECT pnognauoee, allowing for changes in scope, � character mr size cf the PROJECT requestedby the CLIENT or for delays or other causes beyond J-U'B'o control. J'U'B Agreement for Professional Services ^ � ~ n 5 This Agreement ohoU be in effect from March 5. 2019 to December 31. 2020. In the overt the services described shall not be completed during the term of this Agreement the Agreement shall be amended. ExhibU(a): w Attachment 1A- Detailed Scope ofServices a Attachment 1B Fee Breakdown For internal J-U-B use only: PROJECT LOCATION (STATE):Washington TYPE C)F WORK: Choose onitem. GROUP: Ajroort PROJECTDESCR|PT|{JN(S): A. Airport(AO5) � J'U-B Agreement for Professional Services » � 0 �1-0 ENGINEERS,INC. J~U-13 ENGINEERS, Inc, AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1A—Detailed Scope mfWork PROJECT NAME: /\RFF Truck Procurement, Index B AIRPORT NAME: Yakima Air Terminal—McAllister Field CLIENT: City mfYakima A.I.P. NWhNBEPk:3-53-DO8S-44'2O19 J-W'B PROJECT NUMBER: 70-18'040'000 CLIENT PROJECT NUMBER: ATTACHMENT TO: AGREEMENT DATED: March 5th, 2019| or O AUTHORIZATION FOR ADDITIONAL SERVICES# ' 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 -PROJECTUNDERSTANDUNG � FA\A|P 3-53-808-44'2819 includes the Project Formu|abon, Oaaign, Bidding. Construction and Project � Closeout Engineering Services for the following work: ! ^^ ARFF Truck and Auxiliary Equipment Bidding and Procurement PART 2-SCOPE OF SERVICES BY J-U-113 J-U'B'a Services under this Agreement are limited tothe following tasks. Any other items necessary toplan and implement the project, inn|udingbutnot|innitedtothoaaopeoifiom||y|intedinPART3. arethe responsibility ofCLIENT. A. ARPP Vehicle Acquisition Services Upon the CL|ENT'mAuthohzaUon to pronmed. J-U-B shall: i. Conduct m Pre-design meeting with CLIENT and FAA via conference call. 2. Finalize work scope, schedule, estimate and contract. � 3. Meet with the CLIENT staff to review airport needs, requirements and accessories for the vehicle. 4. Prepare the equipment and accessories technical specifications (2)within FAA guidelines. 5. Prepare bidding contract documents. 0. Prepare and submit design report outlining the raquemtadvehio|e/apeoia| equipment. | 7. Meet with the CLIENT staff to review specifications and naviuo as needed. R. In-house quality control review. S. Assist in preparing FAA grant application and Sponsor Certifications. 10. Submit documents tm CLIENT and FAA for review and approval. ' a. Draft documents to include technical specifications, FAA General Provisions, and Sponsor ! approved bidding and contract language. b. Review, revise ao necessary and submit final documents CLIENT and FAA. 11. Revise and provide 10 sets of bidding documents and specifications. 12. Assist CLIENT with advertising for bids. Sand plan sets hoprospective bidders. J'U'B Agreement for Professional Services Affaohment1A—FAA Detailed Scope nfWork Page , ~ 7 13. Conduct a Pre-bid teleconference for interested bidders.Attendance is not mandatory for bidders. 14. Assist CLIENT in answering questions duhng bidding. 15. Prepare addenda ao necessary bo clarify bid documents. 18. CONSULTANT will attend bid opening administered by the CLIENT at City Hall. J-U-Bwi|| interpret bids for compliance with bidding noquinannanbo. 17. Assist CLIENT with notification of award and contract execution. 18. Review contractor equipment submittals. 19. Prepare and confirm one pay request upon delivery and acceptance. 20. Conduct final equipment inspection with CLIENT atAirport. 21. Prepare final project c|ooemutrepmdandformnwforVehiciaPnocuremnentfo||mwingounentF/A guidelines. 22. FAA Reports—Quarterly(4). annual report(2). DBE reports (4) 23. Provide assistance ho the Airport Manager in the coordination of the grant, projectand other issues that arise during the course of the project. This can include but not be limited bzreviews, letters, and reports, requests for reimbursement,form preparation and attendance at City Council � meeting. For internal J'U-B use only: For internal J-U-Buse only: PROJECT LOCATION (ST/Q'E):Washington ' TYPE OFWORK: Choose enitem. GROUP: Airport � PROJECTOE8CR|PT|ON(S): A. Airpmt(A05) � � J'U'B Agreement for Professional Services ATTACHMENT 1B 8 PROJECT TITLE: Yakima Air Terminal McAllister Field ARFF Vehicle and Equipment Procurement CLIENT: City of Yakima JOB NUMBER: DATE: 2/8/2019 ENGINEER'S PERSONDAYESTIMATE . . s I Princpal Prof Constr. Project EIT/ Surveyor Cadd TASK TASK Mgr. Mgr. Engr. Des. Oper. Clcr. TOTAL DIRECT NO PROJECT TASK $65,00 $45,00 $54,00 $39.00 $34.00 $35,00 $32.00 $30,00 IIRS COSTS Subsection i:oi A-ARFF Vehicle and Equipment Acquisition I Conduct predesign meeting 0 4 0 6 2 0 0 0 12 $482.00 2 Prepare Scope,Contract&Schedule 2 4 0 10 2 0 0 4 22 $888,00 3 Review needs/requirements 0 4 0 14 2 0 0 0 20 $794.00 4 Prepare Technical Specifications(2) 0 4 0 10 2 0 0 8 24 $878.00 5 Prepare contract bid documents 0 6 0 20 2 0 0 4 32 $1,238.00 6 Prepare and submit design report 0 2 0 16 0 0 0 4 22 $834,00 7 Specification final review 0 6 0 12 2 0 0 0 20 $806.00 8 Conduct in-house quality control 2 4 6 4 0 0 0 2 18 $850.00 9 Prepare grant application and Sponsor Certifications 0 2 0 6 2 0 0 6 16 $572.00 10 Final document submittal 0 0 0 2 0 0 0 2 4 $138.00 11 Revise&Provide 10 sets contract documents 0 1 0 4 2 0 0 4 11 $389.00 12 Assist Owner with advertising 0 0 0 2 0 0 0 8 10 $318 00 13 Conduct a pre-bid teleconference 0 1 0 1 0 0 0 0 2 $84.00 14 Answer bidders questions 0 4 0 14 0 0 0 2 20 $786.00 15 Prepare addenda 0 4 0 8 0 0 0 2 14 $552,00 16 Attend bid opening 0 8 0 0 0 0 0 4 12 $480,00 17 Assist with notification of award and contract execution 0 2 0 8 0 0 0 2 12 $462.00 18 Review contractor submittal submittals 0 2 0 8 0 0 0 2 12 $462,00 19 Prepare and confirm(1)one pay request 0 2 0 4 0 0 0 2 8 $306.00 20 Conduct final equipment inspection 0 8 0 8 0 0 0 0 16 $672.00 21 Prepare final project closeout report and forms 0 2 0 12 2 0 0 4 20 $746.00 22 Prepare FAA reports(4)quarterly;(2)annual;(4)DBE 0 8 0 16 2 0 0 10 36 $1,352.00 23 Owner assistance 0 4 0 4 0 0 0 4 12 $456,00 Labor Subtotal 4 82 6 189 20 0 0 74 375 $14,545,00 Direct Overhead 188.25% $27,380.96 Fixed Fcc 15,0% $6,288.89 Total Labor+Overhead+Fixed Fee I $48,214.86 EXPENSES: Cost Ground Trip Travel: Per Unit Trips Trips Days Miles Markup Air Travel $400 0 1.0 $0.00 Mileage(Engineer) $0.580 5 414 1,0 $1,200,60 Meals/Lodging $83.00 0 1.0 $0.00 Misc.expenses: PRINTING 500 I I $550,00 RJR-CONSULTANTS: 1 $0 1_0 $0.00 2 $0 1.0 $0.00 ALP NON ELIGIBLE: Travel Expense 1.0 $2,500.00 Subtotal-Labor+Overhead+Fixed Fee 548,215,00 Subtotal-Expenses $1,750.60_ Subtotal- AlP Eligible $49,965.60 Subtotal-ALP Non-Eligible $2,500.00 Total- Subsection 1.01 A-ARFF Vehicle and Equipment Acquisition , $52,465,60 Project Total $52,465,60 � ' ~ � y J-U-B ENGINEERS, INC. J-U-B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Attachment 2 — Special Provisions Client Name: City ofYakima,Yakima Air Project: 70-18=040 Ternnina(, McAllister Field AJ'P. # 9-44-201�9� The TERMS AND CONDITIONS of the FAA Agreement for Professional Services dated-are amended to include the following Special Provisions: For the purposes of this attachment, 'Agreement for Professional Services' and 'the Agreement'shall refer to the document entitled 'FAA Agreement for Professional Services,' executed between J-U-B and CLIENT to which this exhibit and any other exhibits have been attached. FAA AGREEMENT .4J05 INSURANCE AND INDEMNITY � � Delete ���its_ -_ entiretv and replace with the fbilowina: � 4.05 INSURANCE AND INDEMNITY A. Insurance. 1. At Unnao during performance of the Gen/inea. J-U-B shall secure and maintain in effect insurance to protect the CLIENT and J-U-B from and against all o|mimo. damages, |os000, and expenses arising out ofor resulting from the performance of this Contract. J-U-B shall provide and maintain in force insurance in limits no less than that stated below, enapplicable. The CLIENT reserves the � right to require higher limits should it deem it necessary in the best interest of the public. | 2. Commercial General Liability Insurance. Before this Contract is fully executed by the parties, � J-U-B shall provide the CLIENT with a certificate of insurance as proof of commercial liability insurance and commercial urnbro||o liability insurance with e 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 Dollars ($2.000.00O.00)general aggregate(per project). The policy shall include employers liability (Washington Stop [3ep\. The certificate ohm|| clearly otob* who the � provider is, the coverage amount, the policy number, and when the policy and provisions provided are ineffect. Said policy shall bein effect for the duration of this Contract. The policy shall name the CLIENT,its elected officials,officers,mQents,emp|oyeeo,and volunteers on additional insureds. � The insurance shall be with an insurance company orcompanies rated A-V|| or higher in Bamym N Guide and admitted in the State ofWashington. 3. Commercial Automobile Liability Insurance. � a. If J-U-B owns any vehicles, before this Contract is fully executed by the podiea. J-U-B ahmU provide the CLIENT with a certificate of insurance as proof of commercial automobile liability insurance and nmmnnnennia| umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto"and be shown on the certificate. J'U-o FAA Agreement for Professional Services roA Attachment o-Special Provisions FAA(REV 211o) pwp2'1 10 J•U•B ENGINEERS, INC. b. If J-U-B does not own any vehicles, only "Non-owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this 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 shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the CLIENT, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 4. Professional Liability Coverage. Before this Contract is fully executed by the parties,J-U-B shall 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 Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount,the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. B. Indemnification by J-U-B.To the fullest extent permitted by law,J-U-B shall indemnify and hold harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of CLIENT, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is attributable to bodily injury,sickness,disease,or death,or to injury to or destruction of tangible property(other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act, error, omission of, or willful misconduct of J-U-B or J-U-B's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by CLIENT and J-U-B in Subsection 4.05D,"Allocation of Risks," if any. C. Indemnification by CLIENT. To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless, J-U-B, J-U-B's officers, directors, partners, agents, employees, and Consultants from and against any and all claims costs,losses,and damages(including but not limited to all fees and charges of J-U-B,architects,attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act, error, 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. D. Allocation of Risks.The CLIENT and J-U-B have discussed the risks, rewards and benefits of the project and the design professional's total fee for services. The risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of Two Million Dollars ($2,000,000). Such causes include, but are not limited to J-U-B's negligence,errors,omission,or willful misconduct and strict liability. E. J-U-B reserves the right to obtain the services of other consulting engineers and consultants experienced in airport work to prepare and execute a portion of the work that relates to the PROJECT. F. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against J-U-B J-U-B FAA Agreement for Professional Services TCA Attachment 3—Special Provisions-FAA(REV 2119) Page 2-2 11 AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT) ARFF Truck Procurement, Index B,A.I.P. 3-53-0089-44-2019 Yakima Air Terminal, McAllister Field,Washington THIS AGREEMENT is effective as of the 5th day of March, 2019 by and between, City of Yakima, 129 No. 2nd Street, Yakima,WA 98901 hereinafter referred to as the CLIENT, and J-U-B ENGINEERS, Inc., W. 422 Riverside, Suite 304, Spokane, Washington, 99201, an Idaho Corporation, hereinafter referred to as J-U-B. WHEREAS, the CLIENT intends to: Procure an Index B ARFF Truck including auxiliary equipment hereinafter referred to as the"Project". The services to be performed by J-U-B are hereinafter referred to as the"Services". WITNESSETH Now, therefore, the CLIENT and J-U-B, 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-B will perform the Services described in Attachment 1 -Scope of Work,Basis of Fee,and Schedule in a manner consistent with the standard of care appropriate and applicable to professional engineering principles. J-U-B's services shall be limited to those expressly set forth therein, and J-U-B 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 Work, Basis of Fee, and Schedule in a manner consistent with the standard of care applicable to professional engineering principles. This schedule may be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project as requested by the CLIENT or for delays or other causes beyond J-U-B's control. 1.03 ADDITIONAL SERVICES When authorized in writing by the CLIENT, J-U-B agrees to furnish, or obtain from others, additional professional services in connection with the PROJECT, as set forth below and as otherwise contained within this Agreement: A. Provide other services not otherwise provided for in this Agreement, including services normally furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES. B. Provide services as an expert witness for the CLIENT in connection with litigation or other proceedings involving the PROJECT. C. Assist or extend services as a result of strikes, walkouts, or other labor disputes, including acts relating to settlement of minority group problems. D. Mitigation work identified in the environmental review. E. Assist the CLIENT in resolving disputes over claims, bankruptcy, legal complaints or default of the Contractor. Airports FAA Standard Contract(Rev. 2-19) Page 1 FAA Agreement_2019 - � � 12 v � . ARTICLE CLIENT'S RESPONSIBILITIES 2'01 CLIENT'S RESPONSIBILITIES The CLIENT shall furnish the following services at the CLIENT'S expense and in such a manner that J_U_ B may rely upon them in the performance of its services under this AGREEMENT: A. DemiGnoba. in xvdting, m person authorized to act as the CLIENT'S contact. The CLIENT or his designated contact ahe|| receive and examine documents submitted by J-U'B to determine acceptability of said donumnmnhs, interpret and define the CLIENT'S po|icimo, and render decisions and authorizations in writing promptly to prevent unreasonable delay in the pnognaam ofJ-U-B'a services. B. K8okm available to J-U-B all technical data that is in the CLIENT'S pmmmmoo|on, including nmopm, munweym, property descriptions, bohngm, and other information required byJ-U-Band relating to its work. C� Hold promptly all required special mneebngo, serve all required public and private noboes, naomivm and act upon all protests and fulfill all requirements necessary in the development of the PROJECT and pay all costs incidental thereto. D, Provide |egm|, accounting and insurance counseling san/|oaa necessary for the PROJECT. Legal review of the construction Contract Oonummnbs, and such writing aa,vioma as the CLIENT may require bo account for the expenditure mf construction funds. E. Fumish permits and approvals from all governmentalawthor0oa having jurisdiction over the PROJECT and from others momay be necessary for completion'ofthe PROJECT. F. The CLIENT agrees to cooperate with J U U1aa pƒaU��D@^re�Jd� nd mh��| ���� �th��~--���i�n �n�--�r�hatno-��ue��— mnwvvi|---caused J'U-3 because oflack of decisions. If J-U-B is caused extra drafting or other expense due to changes ordered by the CLIENT after the oocnp|abon and approval of the p|anm, reporto, and studies, J-U-B ahmU 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 of J-U-B's services under this AGREEMENT. \ H, Give prompt written notice to J-U-B whenever the CLIENT observes or otherwise becomes aware of any defect in the PROJECT or other event that may substantially affect J-U-B's performance of services under this AGREEMENT. ' |. Promptly prepare and submit reimbursement requests to funding agencies. J, Compensate J-U-B for services promptly rendered under this AGREEMENT. K Obtain bids or proposals from contractors for work relating to the PROJECT and bear all ommta ra|edinQ to advertising. ARTICLE 3 / J-U-B'S COMPENSATION 3.01 BASIC SERVICES COMPENSATION J-U-B shall provide services in connection with the terms and conditions of thisAgreement,and the CLIENT � shall compensate J-U-B therefore as detailed in Attachment I — Scope of Work, Basis of Fee and | Schedule. ' � Partial payment shall be made for the services performed as the work under this AGREEMENT progresses. ' Such payment is to be made monthly based on the itemized sbaba,nento, invo|omm, or other evidences of performance furnished to and approved by the CLIENT, All dairnm for payment will be submitted in an invoice compatible with current practices and acceptable to the CLIENT. Partial payments will include payroll comtm, adjusted for payroll burdenm, and general and administrative ovmrhasd, em well am out-of-pocket expenses, plus that portion ofthe fixed fee which its percentage of completion bears bo the total cost ofthe Airports FAA tondanuOvntouct(Rev,o'1o) Page ^sa*^mmo°an1_20m 13 fully completed work under this AGREEMENT. The CLIENT shall make full payment of the value of such documented monthly service as verified on the monthly invoice statement. 3.02 ADDITIONAL COMPENSATION In addition to any and all compensation hereinabove, the CLIENT shall compensate J-U-B 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-B a notice to proceed with Services within 120 days 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 of the delay. CLIENT understands that any pricing increase may not be grant fundable by FAA. 3.04 ADDITIONAL CONDITIONS OF COMPENSATION The CLIENT and J-U-B further agree that: A. J-U-B shall submit monthly invoice statements for Services rendered and for expenses incurred, which statements are due on presentation.CLIENT shall make prompt monthly payments.If CLIENT fails to make any payment in full within thirty (30) days after receipt of J-U-B's statement, 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 to the CLIENT, suspend services under this Agreement. ARTICLE 4 GENERAL PROVISIONS 4.01 OWNERSHIP OF DOCUMENTS Upon the request of the CLIENT, J-U-B shall furnish the CLIENT copies of all maps, plots, drawings, estimate sheets, and other contract documents required for the PROJECT provided J-U-B has been paid in full for the work, Upon the request of the CLIENT and the completion of the work specified herein, all material documents acquired or produced by J-U-B in conjunction with the preparation of the plans shall be delivered to and become the property of the CLIENT providing no future use of said documents or portions thereof shall be made by the CLIENT with J-U-B's name or that of J-U-B ENGINEERS, Inc., attached thereto. Final submittal of J-U-B's work product shall be in hard-copy format and no electronic design files will be submitted as part of the PROJECT, unless expressly requested. Any reuse without written consent by J-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 release, defend, indemnify, and hold J-U-B harmless from any claims, damages, 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 shall retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary information on subsequent projects at J-U-B's sole risk. Airports FAA Standard Contract(Rev.2-19) Page 3 FAA Agreement_2019 14 4.02 DELEGATION OF DUTIES Neither the CLIENT nor J-U-B shall delegate, assign, sublet or transfer their respective duties under this Agreement without the 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 or the other's employees and agents. C. In the event any provisions of this AGREEMENT shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One(1)or more waivers by either party or any provision, term, condition, or covenant shall not be construed by the other party as a waiver of subsequent breach of the same by the other party. D. J-U-B shall render its services under this AGREEMENT in accordance with generally accepted professional practices and Standard of Care. J-U-B makes no other warranty for the work provided under this AGREEMENT. E. Any opinion of the estimated construction 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-B 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 to whom it is addressed or, in lieu of such personal service, when deposited in the United States mail, certified mail, return receipt requested, addressed to the CLIENT at 129 No. 2nd Street, Yakima,WA 98901 and to J-U-B at W. 422 Riverside, Suite 304, Spokane, Washington, 99201. Either party, the CLIENT or J-U-B, may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 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-B will coordinate this work in accordance with generally accepted engineering practices and makes no other warranties, expressed or implied, as to the professional advice furnished by others under the terms of this AGREEMENT. 4.04 MEDIATION BEFORE LITIGATION Any and all disputes arising out of or related to the Agreement,except for the payment of J-U-B's fees,shall be submitted to nonbinding mediation before a mutually acceptable mediator as a condition precedent to litigation or other binding adjudicative procedure unless the parties mutually agree otherwise. The CLIENT further agrees to include a similar mediation provision in all agreements with independent contractors, consultants, subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for mediation as the primary method for dispute resolution among all the parties involved in the Project. In the event the parties are unable to agree on a mediator, said mediator shall be appointed by a 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-B 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 shall be in Yakima County,Washington. Airports FAA Standard Contract(Rev.2-19) Page 4 FM Agreement 2019 15 4.05 INSURANCE AND INDEMNITY (See Attachment 2—Special Provisions) A. J-U-B's Insurance. J-U-B agrees to procure and maintain, 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$1,000,000 per claim for protection against claims arising out of the performance of services under this Contract caused by negligent acts, errors, or omissions for which J-U-B is legally liable, subject to and limited by the provisions in Subsection 5.01D, "Allocation of Risks", if any. J-U-B shall deliver to the CLIENT, prior to execution of the AGREEMENT by the CLIENT and prior to commencing work, Certificates of Insurance, identified on their face as the Agreement Number to which applicable, as evidence that policies providing such coverage and limits of insurance are in full force and effect. J-U-B shall acquire and maintain statutory workmen's compensation coverage. Thirty (30) days advance notice will be given in writing to the CLIENT prior to the cancellation, termination, or alteration of said policies of Insurance. B. Indemnification by J-U-B. To the fullest extent permitted by law, J-U-B shall indemnify and hold harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of CLIENT, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss,or damage is attributable to bodily injury,sickness,disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act, error, or omission of J-U-B or J-U-B's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by CLIENT and J-U-B in Subsection 5.01 D, "Allocation of Risks," if any. C. Indemnification by CLIENT.To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless J-U-B, J-U-B's officers, directors, partners,agents,employees, and Consultants from and against any and all claims costs, losses, and damages (including but not limited to all fees and charges of J-U-B, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property(other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act, error, or omission of CLIENT or CLIENT's officers, directors, or employees, retained by or under contract to the CLIENT with respect to this AGREEMENT or to the PROJECT. D. Allocation of Risks. The CLIENT and J-U-B have discussed the risks, rewards and benefits of the project and the design professional's total fee for services. The risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total amount of fees paid to J-U-B under this Agreement. Such causes include, but are not limited to J-U-B's negligence, errors, omission and strict liability. Neither CLIENT nor J-U-B shall be responsible for incidental, indirect or consequential damages. E. J-U-B reserves the right to obtain the services of other consulting engineers and consultants experienced in airport work to prepare and execute a portion of the work that relates to the PROJECT. F. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against J-U-B. 4.06 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the CLIENT and J-U-B. Airports FAA Standard Contract(Rev.2-19) Page 5 FM Agreement_2019 1 6 ARTICLE 5 FAA FEDERAL CLAUSES 5.01 SUCCESSORS AND ASSIGNMENTS A. The CLIENT and J-U-B each binds itself and its partners, successors, executors, administrators and assigns to the other parties to this Agreement, and to the successors, executors,administrators and assigns of such other party in respect to all covenants of this Agreement. B. It is understood by the CLIENT and J-U-B that the FAA is not a party to this Agreement and will not be responsible for engineering costs except as should be agreed upon by the CLIENT and the FAA under a Grant Agreement for the PROJECT. C. This Agreement may not be assigned except upon specific 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 of J-U-B. Upon receipt of the notice of termination, except as explicitly directed by the CLIENT, J-U-B must immediately discontinue all services affected. • Upon termination of the Agreement, J-U-B must deliver to the CLIENT all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates,summaries,and other documents and materials prepared by J-U-B under this contract, whether complete or partially complete. CLIENT agrees to make just and equitable compensation to J-U-B for satisfactory work completed up through the date J-U-B receives the termination notice. Compensation will not include anticipated profit on non-pertormed services. CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. B. TERMINATION FOR DEFAULT Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement.The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party 7 days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or • under this agreement. a) Termination by CLIENT: The CLIENT may terminate this Agreement in whole or in part, for the failure of J-U-B to: 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 Project. Upon receipt of the notice of termination, J-U-B must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, J-U-B must deliver to the CLIENT all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by J-U-B under this contract, whether complete or partially complete. Airports FAA Standard Contract(Rev.2-19) Page 6 FAA Agrearnent_2019 17 CLIENT agrees to make just and equitable compensation to J-U-B for satisfactory work completed up through the date J-U-B receives the termination notice. Compensation will not include anticipated profit on non-performed services. CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the CLIENT determines J-U-B was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the CLIENT issued the termination for the convenience of the CLIENT. b) Termination by Consultant: J-U-B may terminate this Agreement in whole or in 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 a notice of termination from J-U-B, CLIENT agrees to cooperate with J-U- B for the purpose of terminating the agreement or portion thereof, by mutual consent. If CLIENT and J-U-B cannot reach mutual agreement on the termination settlement, J-U-B may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the CLIENT's breach of the contract. In the event of termination due to CLIENT breach, the Engineer is entitled to invoice CLIENT and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by J-U-B through the effective date of termination action. CLIENT agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 5.03 CERTIFICATIONS OF J-U-B AND CLIENT A. The CLIENT and J-U-B hereby certify that J-U-B has not been required, directly or indirectly, as an expressed or implied condition in connection with obtaining or carrying out this contract,to: 1. employ or retain, or agree to employ or retain, any firm or persons; or 2. pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind. B. A signed "Certificate for Contracts, Grants, Loans, and Cooperative Agreements" is included with this agreement. 5.04 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 assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. J-U-B further represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 5.05 CIVIL RIGHTS GENERAL J-U-B agrees that it will comply with pertinent statutes, Executive Orders,and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability, be excluded from participating in any activity conducted with or benefiting from Federal assistance. Airports FAA Standard Contract(Rev.2-19) Page 7 FAA Agreement_2019 � 18 This provision binds J-U-B and subtier consultants from the solicitation period through the completion of the contract. This provision is in addition to that required of Title V| of the CK/U Rights Act mf 1964. 5.06 CAVIL RIGHTS TITLE V1- NONDISCRIMINATION REQUIREMENTS During the performance mf this contract, J-U-B, for itaelf, subcPnau|banhs, its assignees and aumceammny in ' /nhansat. agrees aofollows: A. Compliance with Regulations. J-U-B will comply with the Title N List uf Pertinent Nondiscrimination Acts and Authorities osthey may be amended from time bm time (hereinafter referred to as the . Regulations), which are herein incorporated by reference and made a part of this contract. B. Non-discrimination. J-U-B, with regard to the work performed by it during the contrmct, shall not discriminate on the grounds of naoe, om|or, or national origin in the selection and retention of mubconmuhanbm, including procurements of materials and |eaaao of equipment. J-U-B will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities . including employment pnauhmam when the contract covers any activity, project, or program set forth in Appendix Bmf48CFR Part 21. Y C. Solicitations for Svkcontracts. Including Procurements of Materials and EoVipnnemt In all solicitations either by competitive bidding or negotiation made by J-U-B for work ho be performed under subcontract, including procurements of nnatorim|m or leases of equipment, each potential subconsultanCor supplier will be notified bxJ-U-RofJ-U-B'g obligations underthi000ntroct and the Nondiscrimination Acts and Authorities on the grounds ofrace, color, or national origin. D. Information and Reports. J-U-B will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its bookm, naconda, mccmunho, other sources of information, and its haci!0oa as may be determined by the CLIENT or the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities, and instructions.Where any information required of J-U-B is in the exclusive possession of another who fails or refuses tofurnish this inyormaUon. J-U-B will so certify to the CLIENT orthe FAA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. |n the event mfJ-U-B'm noncompliance with the non-discrimination provisions of this contract, the CLIENT will impose such contract sanctions as it or the FA\, may determine to be eppnmpriebo, including, but not limited to: 1. withholding of payments to J-U-B under the contract until J-U-B complies, and/or 2. umnoeUation, hennination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions. J-U-B will include the provisions of paragraphs A through Einevery subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts. Regulations and directives issued pursuant thereto. J-U-B will take such action with respect ho any subcontract mr procurement as the CLIENT or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if J-U-B becomes involved in, or is threatened with, litigation by a subconsultant or supplier as a result of such direction, J-U- B may request the CLIENT to enter into such litigation to protect the interests of the CLIENT. In addition, J-U-B may request the United States to enter into such litigation to protect the interests of the United States. 5.07 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract, J-U-B. for itself, its aa$igneee, and ouooaasoma in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 0 Title V| of the Civil Rights Act of 1964 (42 U.S.O. § 2000d mtamq,. 78 atm1 252). (prohibits discrimination on the basis of race, co|or, national origin); m 49 CFR part 21 (Non-disorim|nation In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title V| of The Civil Rights Act of 1964); Airports FAA anuandCuntmct(Re,.2'19) Page FAA*wremmanl,�2o,o 19 • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil;Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and Ill of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg.at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 etseq). 5.08 DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part 26) A. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the CLIENT to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The CLIENT encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. B. Contract Assurance (§26.13). J-U-B shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. J-U-B shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by J-U-B to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. C. Prompt Payment (§26.29). J-U-B agrees to pay each consultant under this agreement for satisfactory performance of its contract no later than 30 days from the receipt of each payment J- U-B receives from the CLIENT. J-U-B agrees further to return retainage payments to each subconsultant within 30 days after the subconsultant's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CLIENT. This clause applies to both DBE and non-DBE subconsultants. Airports FAA Standard Contract(Rev.2-19) Page 9 FAA Agreement_2019 20 5.09 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES(49 CFR Part 20, Appendix A) A. No Federal appropriated funds shall be paid, by or on behalf of J-U-B, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal grant, contract, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal contract, loan, grant, or cooperative agreement, J-U-B shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. J-U-B shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 5.10 EQUAL OPPORTUNITY CLAUSE During the performance of this contract, J-U-B agrees as follows: (1) J-U-B will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. J-U-B will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following:employment, upgrading,demotion,or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. J-U-B agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) J-U-B will, in all solicitations or advertisements for employees placed by or on behalf of J-U-B, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) J-U-B will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract 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, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) J-U-B will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of J-U-B's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and J-U-B may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (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(Rev.2-19) Page 10 FM A©roementx2019 21 by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965. so that such provisionsviU be binding upon each subcontractor or vendor. J-U-B,will take such action with respect tu any subcontract or purchase order as the administering agency may direct as o means ofenforcing such pnoviskons, Including sanctions for noncompliance: Provided. however, That in the ovantJ-U-B becomes involved in, or is threatened with, litigation with o subcontractor or vendor as a result oYsuch direction by the administering agency J'U-B may request the United States to enter into such litigation to protect the interests Pf the United States. � 5'11 ACCESS TO RECORDS AND REPORTS � J-U-B mustmaintain an acceptable cost accounting system.J-U-B agrees to provide the CLIENT,the FAA and the Comptroller General of the United States or any of their duly authorized representatives access to any 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 ia made and all pending matters are closed. 5.12 TRADE RESTRICTION CERTiFUCATUON (49 CFRPmrt 30) By submission of an offer, J-U-B certifies that with respect to this solicitation and any resultant contract, the Offeror- A. is not owned or controlled by one or more citizens of foreign country included in the list of countries that discriminate against U.S. firms os published by the Office of the United States Trade Repmaaentadive (U.BIR.); B. has not knowingly entered into any contract or subcontract for this project xvithopersonUlathoa citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms mo published by the U.ST.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 ago|nmtU.S. firms published by the U.S.7- R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the nneNn8 of m tm|oe` fiotiUoue, or fraudulent certification may render the maker subject bm prosecution under Title 18. United States Code, Section 1001. J-U-B must provide immediate written notice to the CLIENT if J-U-B learns that its certification or that of a oubuonau|tant was erroneous when submitted or has become erroneous by reason VY changed circumstances. J-U-B shall require subconsultants provide immediate written notice to J-U-13 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 bo awarded bxamuboonou|hant 1) who |s owned mr controlled byone or more citizens or nationals ofo foreign country included on the list mf countries that discriminate against U.S. firms published by the U.S.T.R.or 3) «xhmee ouboonsu|b*nts are owned or controlled by one or more citizens or nationals ofm foreign country on such U.ST.R. list or 3) who incorporates|n the public works project anyproductmfafopaignomunbxonsuohU.SIR. ||st. Nothing contained in the foregoing shall be construed to require establishment ofa system of records in order to render, in good faith, the certification requiredby this provision. The knowledge and information of a consultant ianot requiredtm exceed that which is normally possessed bym prudent person in the ordinary course of business dealings. J-U-B agrees that, if awarded o contract resulting from this ao\ioibsUpn, it will incorporate this provision for certification without modification in in all lower tier subcontracts. J-U-13 may rely on the certification of a Airports FAA Standard Contract(Ray.o-19) Page I1 FAA Agreement 2019 22 prospective subconsultant that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless J-U-B has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award, If it is later determined that J-U-B or subconsultant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the CLIENT cancellation of the contract or subcontract for default at no cost to the CLIENT or the FAA. 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 or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. For each lower tier subcontract that exceeds $25,000 as a "covered transaction", J-U-B shall verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project, J-U-B will accomplish this by: 1) Checking the System for Award Management at website: http://www.sam.gov 2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3) Inserting a clause or condition in the covered transaction with the lower tier contract if the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. 5.14 OCCUPATIONAL HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. J-U-B shall provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee, J-U-B retains full responsibility to monitor its compliance and their subconsultant's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970(20 CFR Part 1910). J- U-B will address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. 5.15 FEDERAL FAIR LABOR STANDARDS ACT All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act(FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. J-U-B has full responsibility to monitor compliance to the referenced statute or regulation.J-U-B will address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor —Wage and Hour Division. 5.16 VETERAN'S PREFERENCE In the employment of labor(excluding executive, administrative, and supervisory positions), J-U-B and all sub-tier consultants must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Airports FAA Standard Contract(Rev.2-19) Page 12 FM Agr nt_2019 23 5.17 TEXTING WHILE DRIVING. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" and DOT Order 3902.10 "Text Messaging While Driving" FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. J-U-B has in place a policy within J-U-B Accident Prevention plan that prohibits all employees from texting and driving. J-U-B shall include these policies in each third party subcontract involved on this project. 5.18 HUMAN TRAFFICKING A. J-U-B, J-U-B's employees, and subcontractors may not engage in severe forms of trafficking in persons during the period of time that the FAA award is in effect, procure a commercial sex act during the period of time that the award is in effect, or use forced labor in the performance of the award or sub-awards under the award. B. For the purpose of this award term, "employee" includes: { 3. An individual employed by you or a sub-recipient who is engaged in the performance of the project or program under this award 4. Another person engaged in the performance of the project or program under this award and not compensated by you, including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. C. For the purposes of this award term only, "forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. D. For the purposes of this award term only, "severe forms of trafficking in persons,""commercial sex act,"and"coercion" have the meanings given at Section 103 of the TVPA, as amended (22 U.S.C. 7102). 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(42 U.S.C. 6201et seq). 5.20 PROHIBITION OF SEGREGATED FACILITIES (1) J-U-B agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. J-U-B agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (2) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (3) J-U-B shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. Airports FAA Standard Contract(Rev.2-19) Page 13 FM Agreement_2019 24 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 ATT T BY: ( Name: Cliff re Name: Sony CI ar-Tee Title: City Manager Title: City Clerk CITY CONTRACT NO: — — - RESOLUTION NO: Ok „4 • •,•. „ti.4-_:;, 4 J-U-B: J--U-B ENGINE , Inc. ATTEST By: IA Name: Chuck A. Larson, P.E. Name: Brooke Holm Title: Chairman Title: Office Administrator 21 Certification For Contracts Grants,Loans,and Cooperative Agreements J-U-B Debarment Lookup 11 Attachment 1—Scope&Work, Apo/Ica bte Basis of Fee and Schedule Attachments or Exhibit to x Attachment 1A—Detailed Scope of this Services Agreement are indicated Es Attachment 1B—Fee Breakdown as marked IN Attachment 2—Special Provisions ci Exhibit A—Construction Phase Services Airports FAA Standard Contract(Rev. 2-19) Page 14 FAA ARtcement2019 ~ � . o on CERTIFICATION FOR CONTRACTS,GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, byoron behalf ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL"Disclosure of Lobby Activities' , in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all aubavvands at all tiers (including subcontracts, oubQranta. and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made#r entered into. Submission of this certification ioo prerequisite for making or entering into this transaction imposed by section 1352. title 31. U.S. Code. Any person who fails bz file the required certification shall ba sub imcttoa civil penalty of not less than $10.00O and not more than $100.0OOfor each such hmUuna. Sion�d ������ /�v ^s - ^ —� ' ^ x ������� F��prG��ntm�ve T|U6s � Airports FAA Standard Contract(Rev. 2w9) pago1a SAM Search Results List of records matching your search for : 26 Search Term : J-U-B ENGINEERS, INC.* ecord.Status: Active TITY !J-U-B ENGINEERS, INC. Status: Active DUNS: 078408341 +4: CAGE Code: OKJYO DoDAAC: Expiration Date: 04/18/2019 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 250 S Beechwood Dr Ste 201 City: Boise State/Province: IDAHO ZIP Code: 83709-0944 Country: UNITED STATES Pahn sari/97 9n1Q l•nri PM httne•Ilmnanni cam rtnea ParlezI nf ����U �U�����U ����U����U��� �����U���� ��� � SUPPLEMENTAL.-.-....-.. ....- .-..~~....-.-.....~~ ��~~...-.-....-.. . ..~,. . 27 AIRCRAFT RESCUE^ ^^^^~~^~ ^^ ^ ^^^-~~~'^~^- AND FIRE FIGHTING^ ^ ^^~~~ v^^^^^ ^ v VEHICLE ^^`~^-^- � ���� E�� U�EQUIPMENT PROCUREMENT, A.I.P. �� _� ���� ���- ' ---- --~~,~— —'--'- ' ' ' --~_~' ----'--'- ' , . . . . ~ `-~ __�~ _ . . ~~~ .~ � � j-[]-B Project No. 70-19-005 � ~//\KIM/\AIR TERMINAL - MC/\LLISTER FIELD, YAKIMA, WA CLIENT: �City of Yakima,Yakima Air Terminal' McAllister Field _ ^ Project Name: �A�ehBoucuoand E�eF�b�og(AB Procurement � � � � J'W'8 Project Number: 7&-19-005.-A|PNumber 19 /. Additional Services. The following additional items of work on the project referenced above have been or will bo provided by J-U-B ENGINEERS, Inc. (J-U-B). These Additional Services are a supplement to the scope of services contained in J-U-B's existing Agreement for Professional Services for this Project,dated March 5, 2019. All other TERMS AND CONDITIONS of said Agreement remain in full force and effect. Technical specifications development for xillianr equipment,contract bid document/schedule development,sPen0o/gionu'.. review. Buy American anays|a for Auxilliaryoquipment and additional FAAquarterlvreports` 2, Verbal Authorization byCLIENT, if Applicable. J'U'B was verbally authorized by the CLIENT to provide these Additional Services by: mxmo Date 3. Payment for Additional Services. Unless otherwise noted below,J-U-B will provide these Additional Services on a time and materials basis, using J-U-B's standard billing rates or, if applicable,the billing rates established in the initial Agreement for Professional Services. Other Basis for Payment: Additional Services fees$13,664,00,total Contract amount not to exceed$66,129.60 tar ARFF Vehicle and Auxilliaa EcItipment Procurement. 4. Schedule o/Services. Due to the Additional Services,the Schedule of Services mbo performed under the original Agreement for Professional Services io modified asfollows: Biddinn is complete^aowaWas the delivery the Index B AFIFF Truck. RemaUninanems inciu6e procurement of the Auxilliary eauioment bw the Summer/Fall Vf2O21 with closeout tasks tofollow. Dated this 2nd day of Ma,nh.2O21, CLIENT J'W'13 ENGINEERS, Inc. _ : By:^ Project Representative or Authorized Signatory for ^ Project or Authorized Signatory'for J'U-B—° CLIENT ., Toby Ep|ar. p^E.Aviation Services Gmupmaneqor Print or Type Name and Th|e Print or Type Name and Th|o -- - - ' EXHIBIT A PROJECT TITLE: Yakima Air Terminal McAllister Field ARFF Vehicle and Equipment Procurement CLIENT: City of Yakima JOB NUMBER: 70-19-005 DATE: 1/28/2021 iMPPWPRATIEWMPAIIPIArtfilniiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Proj Sr. Project Cadd TASK TASK Principal Mgr. Engr. Engr. Desgnr Oper. Cler. TOTAL DIRECT NO PROJECT TASK $65.00 $45.00 $63.00 $39.00 $34.00 $32.00 $30.00 FIRS Trips COSTS Subsection 1.01 A-ARFF Vehicle and Equipment Acquisition 1 Project Administration/Management/Coordination 0 8 0 6 0 0 8 22 $834.00 2 Develop Technical Specifications for Auxilliary Equipment 0 4 0 8 0 0 8 20 $732.00 3 Develop contract bid documents for Auxuuary Equipment 0 4 0 12 0 0 4 20 $768.00 4 Specification final review 0 2 0 10 0 0 0 12 $480.00 5 Final document submittal for Auxilliary Equipment 0 2 0 4 0 0 2 8 $306.00 6 Buy American Analysis for Auxilliary Equipment 0 2 0 8 0 0 2 12 $462.00 7 FAAReports-8 Quarterly,1 Annual 0 2 0 10 0 0 2 14 $540.00 'Labor Subtotal 0 24 0 58 0 0 26 108 $4,122.00 Direct Overhead 188.25% $7,759.67 Fixed Fee 15.0% $1,782.25 Total Labor+Overhead+Fixed Fee I $13,663.91 EXPENSES: Cost Ground Trip Travel: Per Unit Trips Trips Days Miles Markup Air Travel $600 0 1.0 $0.00 Mileage(Engineer) $0.560 0 0 1.0 $0.00 Per Diem $46.000 $0.00 Lodging $83.00 0 1.0 $0.00 Misc.expenses: PRINTING $0.00 1.1 $0.00 SUB-CONSULTANTS: 1 $0 1.0 $0.00 2 $0 1.0 $0.00 Subtotal-Labor+Overhead+Fixed Fee $13,664.00 Subtotal-Expenses $0.00 Subtotal-Subconsultants $0.00 Total- Subsection 1.01 A-ARFF Vehicle and Equipment Acquisition $13,664.00 Project Total $13,664.00 Page 1 ARFF Peso„-day Es�ima�eS�ppRe.,