Loading...
05/18/2021 04H Resolution authorizing a Construction Services Agreement with JUB Engineering, Inc.BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 4.1-1. For Meeting of: May 18, 2021 ITEM TITLE: Resolution authorizing a Construction Services Agreement with JUB Engineering, Inc. in an amount not to exceed $268,050 for Construction Services to rehabilitate the East General Aviation Apron SUBMITTED BY: Robert Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The East General Aviation Apron was constructed in 1987 and is located adjacent to the main terminal building where a variety of aircraft and airline charters utilize the apron as a parking location upon their arrival into Yakima. The apron consists of approximately 30,000 square yards of asphalt and requires rehabilitation in order to meet Federal Aviation Administration safety standards. JUB Engineering, Inc. will assist the airport in coordinating construction crews to rehabilitate the aging asphalt, update aircraft parking locations, install new tiedowns, drainage, and apron lighting. Ninety percent (90%) of the funds to cover the agreement and rehabilitate the East General Aviation Apron are provided through a grant with the Federal Aviation Administration. The remaining funding match is provided through the airport's Passenger Facility Charge program. This project will not utilize or impact the City's general fund. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type ResObflon 4/26/2021 Resoluty on JUB Crnstrudon SeNces Agreement 4/28/2021 Contract RESOLUTION NO. R-2021- A RESOLUTION authorizing a Construction Services Agreement with JUB Engineering, Inc. in the amount not to exceed $268,050 for Construction Services to rehabilitate the East General Aviation Apron. 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 -McAllister Field and the residents of the City to enter into a Construction Services Agreement with JUB Engineering, Inc., attached hereto and incorporated herein by this reference, to provide oversight of construction activities in order to rehabilitate approximately 30,000 square yards of asphalt pavement, associated drainage, aircraft tie -downs, pavement marking and apron lighting on the East General Aviation Apron; and WHEREAS, the Yakima Air Terminal -McAllister Field has coordinated with the Federal Aviation Administration through the airport's Capital Improvement Plan to utilize approximately $241,245 of federal grant funds and approximately $26,805 of Passenger Facility Charges funds, used as the airport's local match requirement, to fund the work to be performed under the terms of the Construction Services Agreement; and WHEREAS, in accordance with the terms and conditions of the contract for engineering services attached hereto and incorporated herein by this reference the engineer will perform these services outlined in the Construction Service Agreement during the 2021-2022 calendar year, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Construction Services Agreement with JUB Engineering, Inc. in the amount not to exceed Two Hundred Sixty -Eight Thousand and Fifty dollars ($268,050), to provide Construction Services for the airport's East General Aviation Apron Airport Improvement Project 3-53-0089-47-2021 and PFC 20-19-C-00- YKM. ADOPTED BY THE CITY COUNCIL this 18t" day of May, 2021. ATTEST: Sonya Claar Tee, City Clerk Patricia Byers, Mayor AGREEMENT FOR PROFESSIONAL SERVICES (FAA EAST GENERAL AVIATION (GA) APRON REHABILITATION, A1P.3-53'BB8S-B47'2D21 YAK|K8AAIR TERMINAL — K0CALL|STER FIELD, YAK|K8A, WA THIS AGREEMENT kseffective asofthe day of 1 2021 byand between, City of Yakima, 120 N. Second Stnset, Yakima WA 08901 hereinafter referred to as the CLIENT, and J-U-B ENGINEERS, Inc., W. 422 Riwanside, Suite 304. Spnkane, Washington, 80201' an Idaho Corporation, hereinafter referred to as J-U-B. WHEREAS, the CLIENT intends to: Rehabilitate the East General Aviation (GA)Apron hereinafter referred to as the "Project". The services to be performed by J-U-B are hereinafter referred to as the ^Sarvioao^ W|TNE S S E T H Now, therefore, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set for ARTICLE J-U-B'S SERVICES 1.01 BASIC SERVICES J-U-Bwil| perform the Services described in Attachment 1 -Sompe of Services, Basis of Fee, and Schedule inamanner consistent with the applicable standard ofcare. J-U-B'oservices shall belimited ho those expressly set forth therein, and J-U-B shall have no other obligations, duUea, or responsibilities for the Project except as provided in this Agreement. 1.02 SCHEDULE OF SERVICES TO BE PERFORMED J'U'BviU perform said Services in accordance with the schedule described in Attachment Scope of Services, Basis of Fee, and Schedule in a manner consistent with the applicable standard of care. This schedule shall 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 CLENT. J-U-B agrees tufurnish, or obtain from oUlera, 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 an a result of strikes, walkouts, or other labor disputes, including acts relating to settlement of minority group problems. U. Mitigation work identified inthe environmental review. E. Assist the CLIENT in resolving disputes over claims, bankruptcy, legal complaints or default of the Contractor. Agreement For Professional Services — FAA Format 032O(411mz02/4:,mmPM) Page ARTICLE 2 CLIENT'S RESPONSIBILITIES 2.01 CLIENT'S RESPONSIBILITIES The CLIENT shall furnish the following services at the CLIENT'S expense and in such a manner that J-U-B may rely upon them in the performance of its services under this AGREEMENT: A. Designate, in writing, a person authorized to act as the CLIENT'S contact. The CLIENT or his designated contact shall receive and examine documents submitted by J-U-B to determine acceptability of said documents, interpret and define the CLIENT'S policies, and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of J-U-B's services. B. Make available to J-U-B all technical data that is in the CLIENT'S possession, including maps, surveys, property descriptions, borings, and other information required by J-U-B and relating to its work. C. Hold promptly all required special meetings, serve all required public and private notices, receive and act upon all protests and fulfill all requirements necessary in the development of the PROJECT and pay all costs incidental thereto. D. Provide legal, accounting and insurance counseling services necessary for the PROJECT. Legal review of the construction Contract Documents, and such writing services as the CLIENT may require to account for the expenditure of construction funds. E. Furnish permits and approvals from all governmental authorities having jurisdiction over the PROJECT and from others as may be necessary for completion of the PROJECT. F. The CLIENT agrees to cooperate with J-U-B in the approval of all plans, reports and studies, and shall make a timely decision in order that no undue expense will be caused J-U-B because of lack of decisions. If J-U-B is caused extra drafting or other expense due to changes ordered by the CLIENT after the completion and approval of the plans, reports, and studies, J-U-B shall be equitably paid for such extra expenses and services involved. G. Guarantee full and free access, with reasonable advance notice, for J-U-B to enter upon all property required for the performance of J-U-B's services under this AGREEMENT. H. Give prompt written notice to J-U-B whenever the CLIENT observes or otherwise becomes aware of any defect in the PROJECT or other event that may substantially affect J-U-B's performance of services under this AGREEMENT. 1. Promptly prepare and submit reimbursement requests to funding agencies. J. Compensate J-U-B for services promptly rendered under this AGREEMENT. K. Obtain bids or proposals from contractors for work relating to the PROJECT and bear all costs relating to advertising. L. When identified in the construction contract documents, provide construction surveys and materials testing by the successful contractor. ARTICLE 3 J-U-B'S COMPENSATION 3.01 BASIC SERVICES COMPENSATION J-U-B shall provide services in connection with the terms and conditions of this Agreement, and the CLIENT shall compensate J-U-B therefore as detailed in Attachment 1 — Scope of Services, Basis of Fee and Schedule. Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 2 FAA Agreement_2019 Partial payment shall be made for the services performed as the work under this AGREEMENT progresses. Such payment ioto be made monthly based on the itemized statements, invoioaa, orother evidences of performance furnished to and approved by the CLIENT. All claims for payment will be submitted in a form compatible with current practices and acceptable tothe CLIENT. Partial payments will include payroll costs, adjusted for payroll burdens, and general and administrative overhead, as well as out-of-pocket expenses, plus that portion of the fixed fee which its percentage of completion bears to the total cost of the fully completed work under this AGREEMENT. The CLIENT shall make full payment ofthe value of such documented monthly service asverified onthe monthly statement. 3.03 ADDITIONAL COMPENSATION In addition to any and all compensation hereinabove, the CLIENT shall compensate J-U-13 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 pnovideJ-U-B a notice to proceed with Services within 12Odays ofthe effective date of this Agreement identified inAttachment 1. |fthe notice toproceed with Services iadelayed beyond 12U 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 hoaddress both schedule and pricing impacts ofthe delay. CLIENT understands that any pricing increase may not be grant funclable by FAA. 3.04 ADDITIONAL CONDITIONS OF COMPENSATION The CLIENT and J-U-Bfurther agree that: A. J'U'B shall submit monthly statements for Services rendered and for expenses inournad, which statements are due onpresentation. CLIENT shall make prompt monthly payments. |fCLIENT 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 bylaw, whichever ia |aaa. B. If the CLIENT fails to make monthly payment duo J-U-B. J-U-B may, after giving ban (10) days written notice to the CLIENT, suspend services under this Agreement. C. When the CLIENT directs that competitive bids betaken for construction on alternate deaigno, where this involves the preparation of designs, plans, and specifications for alternate facilities, the compensation to J'U'B shall be an additional payment to be negotiated at the time the CLIENT directs that alternative designs, plans, and specifications be prepared, subject to FAA review and approval. D. No deductions shall be made from J'U'B\s compensation on account of penalty, liquidated damages, orother sums that may bewithheld from payments toContractors. ARTICLE GENERAL PROVISIONS 4.01 OWNERSHIP OF DOCUMENTS Upon the request of the CLENT. J-U-B shall furnish the CLIENT copies of all mapo, plotn, drawingn, estimate sheets, and other contract documents required for the PROJECT provided J-U-Bhas been paid in full for the work. Upon the request of the CLIENT and the completion of the work specified henein, 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-8's name or that ofJ-U-B ENGINEERS, Inc., attached Agreement For Professional Services — FAA Format O32O(4xmzm/4:,mmPM) Page 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. Agreements for Professional Services are public records which are generally subject to statutory public disclosure and public website posting requirements, and such disclosure will not be considered "reuse without written consent by J-U-B". J-U-B shall retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary information on subsequent projects at J-U-B's sole risk. 4.02 DELEGATION OF DUTIES Neither the CLIENT nor J-U-B shall delegate, assign, sublet or transfer their respective duties under this Agreement without the 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. CLIENT grants J-U-B and its subsidiaries the unrestricted right to take, use, and publish images, or edited images, of the project site and workers for J-U-B's purposes including, but not limited to, website, intranet, and marketing. This right shall survive the termination of this Agreement. F. 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 or actual costs to the CLIENT. G. Any notice or other communications required or permitted by this contract or by law to be served on, given to, or delivered to either party hereto by the other party shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the party to whom it is addressed or, in lieu of such personal service, when deposited in the United States mail, certified mail, return receipt requested, addressed to the CLIENT at 129 N. Second St,. 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. H. 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 Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 4 FAA Agreement-2019 other warranties, expressed or implied, as to the professional advice furnished by others under the terms of this AGREEMENT. J-U-B has not been retained or compensated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods, techniques, sequences or procedures required for the Contractor to perform his work including, but not limited to, aircraft safety precautions, shoring, scaffolding, underpinning, temporary retainment of excavations, and any erection methods and temporary bracing. 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. 4.05 INSURANCE AND INDEMNITY A. J-U-B's Insurance. J-U-B agrees to procure and maintain, at its expense, Commercial General Liability insurance of $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 4.05.D, "Allocation of Risks", if any. J-U-B shall deliver to the CLIENT, prior to execution of the AGREEMENT by the CLIENT and prior to commencing work, Certificates of Insurance, identified on their face as the Agreement Number to which applicable, as evidence that policies providing such coverage and limits of insurance are in full force and effect. J-U-B shall acquire and maintain statutory workmen's compensation coverage. Thirty (30) days advance notice will be given in writing to the CLIENT prior to the cancellation, termination, or alteration of said policies of Insurance. B. Indemnification by J-U-B. To the fullest extent permitted by law, J-U-B shall indemnify and hold harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of CLIENT, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from, but only to the extent caused by any negligent act, error, or omission of J-U-B or J-U-B's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by CLIENT and J-U-B in Subsection 4.05.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 Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 5 FAA Agreement-2019 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. 4.07 CONSTRUCTION CONTRACTOR'S RESPONSIBILITY Visits to the construction site and observations made by J-U-B's staff as part of their services shall not relieve the construction Contractor of his obligation to conduct comprehensive inspection of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction Contractor of his full responsibility for all construction means, methods, techniques, sequences and procedures necessary for coordination and completing all portions of the work under the construction contract and for all safety precautions related thereto. Language to this effect, shall be included in Construction Contract Documents Such visits by J-U-B's staff are not to be construed as part of the observation duties of the on -site observation personnel defined in other parts of this Agreement. 4.08 FUNCTION OF ON -SITE OBSERVATION AND PERSONNEL If the scope of services includes construction engineering, J-U-B may be required to act as the Resident Project Representative (RPR) on the PROJECT. When so stipulated, the RPR and on -site observation personnel will make reasonable efforts to guard the CLIENT against defects and deficiencies in the work of the Contractor and to help determine if the provisions of the Contract Documents are being fulfilled. When construction engineering is included as services of this agreement, Standard Exhibit A — Construction Phase Services, attached, outlines the specific responsibilities of J-U-B, acting as the RPR during construction. Their day-to-day observation will not, however, cause J-U-B to be responsible for those duties and responsibilities that belong to the construction Contractor and that include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions related to the construction and commissioning of the work. Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 6 FAA Agreement_2019 10 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 -performed services. CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. B. TERMINATION FOR DEFAULT Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party 7 days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by CLIENT: The CLIENT may terminate this Agreement in whole or in part, for the failure of J-U-B to: 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. Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 7 FAA Agreement_2019 m 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 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. Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 8 FAA Agreement_2019 12 This provision binds J-U-B and subtier consultants from the solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 5.06 CIVIL RIGHTS TITLE VI - NONDISCRIMINATION REQUIREMENTS During the performance of this contract, J-U-B, for itself, subconsultants, its assignees and successors in interest, agrees as follows: A. Compliance with Regulations. J-U-B will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Non-discrimination. J-U-B, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment. J-U-B will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by J-U-B for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier will be notified by J-U-B of J-U-B's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. D. Information and Reports. J-U-B will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the CLIENT or the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities, and instructions. Where any information required of J-U-B is in the exclusive possession of another who fails or refuses to furnish this information, J-U-B will so certify to the CLIENT or the FAA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of J-U-B's noncompliance with the non-discrimination provisions of this contract, the CLIENT will impose such contract sanctions as it or the FAA, may determine to be appropriate, including, but not limited to: 1. withholding of payments to J-U-B under the contract until J-U-B complies, and/or 2. cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions. J-U-B will include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, Regulations and directives issued pursuant thereto. J-U-B will take such action with respect to any subcontract or procurement as the CLIENT or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if J-U-B becomes involved in, or is threatened with, litigation 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 assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation —Effectuation of Title VI of The Civil Rights Act of 1964); Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 9 FAA Agreement_2019 13 • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, 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 et seq). 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. Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 10 FAA Agreement_2019 14 5L08 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (48CF0Part 2O.Appendix A) A. No Federal appropriated funds shall be paid, by or on behalf of J-1-1-13, 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 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 extenaion, oontinuation, 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, |uan, gnant, or cooperative agreemant. J-U'0 shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. J-1-1-13 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-Bagrees as follows: (1) J-U-Bwil| not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. J-1-1-13 will take affirmative action to ensure that applicants are emp|oyed, and that employees are treated during employment without regard to their race, oo|or, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, ortransfer; recruitment or recruitment advertising; layoff ortermination; rates of pay orother forms of compensation; and selection for training, including apprenticeship. J'U'B ognaao to post in conspicuous p|aoeo, 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-1-1-13, state that all qualified applicants will receive considerations for employment without regard to race, color, ne|igion, oex, or national origin. (3) J-1-1-13wiU send hoeach labor union orrepresentative ufworkers with which he has acollective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of J-U-13'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'Bwill comply with all provisions ofExecutive Order 11240nfSeptember 24.1005'and ofthe rules, regulations, and relevant orders nfthe Secretary ofLabor. (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 nfLabor for purposes of investigation to ascertain compliance with such ru|eo, nagu|ationn, and orders. (6) In the event of J-1.1-13's noncompliance with the nondiscrimination clauses of this contract or with any of the said ru|eo, regu|atione, or ordars, this contract may be oanoo|ed, herminated, or suspended in whole or in pad 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. 1865. and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 ofSeptember 24. 1865. 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 Agreement +mPmfesumnaSemmas—FxA Format O32O(4xmzm/4:,mmPM) Pago11 IR by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. J-U-B will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event J-U-B becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency J-U-B may request the United States to enter into such litigation to protect the interests of the United States. 5.11 ACCESS TO RECORDS AND REPORTS J-U-B must maintain an acceptable cost accounting system. J-U-B agrees to provide the CLIENT, the FAA, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of J-U-B which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. J-U-B agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 5.12 TRADE RESTRICTION CERTIFICATION (49 CFR Part 30) By submission of an offer, J-U-B certifies that with respect to this solicitation and any resultant contract, the Offeror - A. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); B. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and C. has not entered into any subcontract for any product to be used on the Federal public works project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. J-U-B must provide immediate written notice to the CLIENT if J-U-B learns that its certification or that of a subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. J-U-B shall require subconsultants provide immediate written notice to J-U-B if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a subconsultant: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or 2) whose subconsultants are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J-U-B agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. J-U-B may rely on the certification of a Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 12 FAA Agreement_2019 16 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. Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 13 FAA Agreement_2019 ffi 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: 1. An individual employed by you or a sub -recipient who is engaged in the performance of the project or program under this award 2. Another person engaged in the performance of the project or program under this award and not compensated by you, including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. C. For the purposes of this award term only, "forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. D. For the purposes of this award term only, "severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at Section 103 of the TVPA, as amended (22 U.S.C. 7102). 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. Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 14 FAA Agreement_2019 18 5.21 BREACH OF CONTRACT TERMS (49 CFR Part 18.36) Any violation or breach of terms of this contract on the part of J-U-B or its subconsultants may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. CLIENT will provide J-U-B written notice that describes the nature of the breach and corrective actions J-U-B must undertake in order to avoid termination of the contract. CLIENT reserves the right to withhold payments to Contractor until such time J-U-B corrects the breach or the CLIENT elects to terminate the contract. The CLIENT's notice will identify a specific date by which J-U-B must correct the breach. CLIENT may proceed with termination of the contract if J-U-B fails to correct the breach by deadline indicated in the CLIENT's notice. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 5.22 CLEAN AIR AND WATER POLLUTION CONTROL J-U-B agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). J-U-B agrees to report any violation to the CLIENT immediately upon discovery. The CLIENT assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. 5.23 AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY Timetables Goals for minority participation for each trade: 9.7% Goals for female participation in each trade: 6.9% These goals are applicable to all of J-U-B's construction work (whether or not it is Federal or federally -assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. J-U-B's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting J-U-B'S goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. J-U-B shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 2. As used in this notice and in the contract resulting from this solicitation, the "covered area" is insert Washington State, Yakima, County, City of Yakima. Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 15 FAA Agreement_2019 19 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, WASHINGTON BY: Name: Title: Title: Executive Vice President Z Certification For Contracts Grants, Loans, and Cooperative Agreements ® J-U-B Debarment Lookup ® Attachment 1 — Scope of Services, Applicable Basis of Fee and Schedule Attachments or Exhibit to N Attachment I A — Detailed Scope of this Work Agreement are indicated Attachment 1 B — Fee Breakdown as marked Attachment 2 — Special Provisions Exhibit A — Construction Phase Services Li ATTEST Name: Title: ATTEST Name: Toby Epler, P.E. Title: Aviation Services Group Manager Agreement For Professional Services — FAA Format 0320(4119120211:50.'00 PM) Page 16 FAA Agreement-20119 20 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is 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: Sponsor's Authorized Representative Title: Date: Agreement For Professional Services — FAA Format 0320(411912021 4:18:00 PM) Page 17 FAA Agreement_2019 21 -u-s ENGINEERS, INC. J-U-B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES — (FAA FORMAT) Attachment 1 — Scope of Services, Basis of Fee, and Schedule PROJECT NAME: EAST GENERAL AVIATION (GA) APRON REHABILITATION AIRPORT NAME: Yakima Air Terminal — McAllister Field CLIENT: City of Yakima, WA A.I.P. NUMBER: 3-53-0089-047-2021 J-U-B PROJECT NUMBER: 45-20-008 CLIENT PROJECT NUMBER: I_Nair_TS]au1ON10ri3 ® AGREEMENT DATED: ; or ❑ 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 Scope of Services, Basis of Fee, and/or Schedule: PART 1 - PROJECT UNDERSTANDING FAA AIP 3-53-0089-047-2021 will include the Project Formulation, Construction, and Project Closeout Engineering Services for the following Items: • Demolition of the existing pavement via milling and removal of the existing aircraft tiedown anchors. • Rehabilitate Existing GA Apron. • Install and Reconfigure the apron tiedown layouts and taxi routes. • Install Apron Lighting, electrical cable and controls. • Install pavement markings, including airport vehicle routes, tiedown and SIDA marking. • Install storm drain pipe and replace/adjust existing structures to grade. • Install new electrical conduit run to electrical vault. A detailed Scope of Services is provided in Attachment 1A — Detailed Scope of Work. PART 2 - BASIS OF FEE A. CLIENT shall pay J-U-B for the identified Services in PART 1 as follows: Construction Phase a. The CLIENT shall compensate J-U-B for the Construction Phase, on a Cost -Plus -Fixed -Fee basis. The CLIENT shall reimburse J-U-B for the following items: i. Payroll Cost: Actual salaries paid J-U-B's employees, without markup, for the time such employees are directly used on work necessary to fulfill the terms of this AGREEMENT. At the request of the CLIENT, a list of names of personnel actually working on this project and their salaries shall be submitted prior to the start of work on the project and shall be updated as needed to reflect any reasonable salary increases, promotions and other payroll adjustments during the course of this work. Agreement For Professional Services — FAA Format Attachment 1 — FAA Scope of Services, Schedule, and Basis of Fee (Rev. 051220) Page 1-1 22 i'i. Payroll Additives: Additives representing the employee benefits based on payroll cost shall be computed as a percentage of the payroll cost above. For the purposes of this AGREEMENT, that additive shall be 61.01 percent of the payroll cost based on existing audits, cost data, and other information mutually agreed to by both parties. This factor is subject to adjustment by the parties based on audits occurring during the life of this AGREEMENT. Independently prepared cost data shall be submitted, at the request of the CLIENT, at intervals not less than every 18 months to support the payroll additives for this AGREEMENT. iii. General and Administrative Overhead Cost: These overhead costs shall be in accordance with Federal requirements contained in the 41 CFR 1-15. These costs shall be computed at 105.92 percent of the payroll costs above. This percentage may be adjusted by the parties based on audits occurring during the life of this AGREEMENT. Independently prepared cost data shall be submitted, at the request of the CLIENT, at intervals not less than every 18 months to support the General and Administrative Overhead for this AGREEMENT. iv. Direct Cost and Out -of -Pocket Cost: These costs shall be directly related to this project and determined in accordance with Federal requirements contained in 41 CFR 1-15. v. Fixed Fee: The Fixed Fee for performance completed under this task shall be Twenty - Six Thousand Eight Hundred Thirty -Three Dollars and Sixty -Seven Cents ($26,833.67). Should there be a change in the scope of work under this AGREEMENT; the fixed fee shall be negotiated with an appropriate adjustment for change in the scope of work. Additional fixed fees, as approved as a portion of Supplemental Engineering Agreements, shall be in addition to the above agreed upon amount. FAA participation in those costs is conditioned on their approval of the increased costs. b. Total estimate for Bidding and Construction Phase, including fixed fee, for the work under this AGREEMENT shall not exceed Two Hundred Sixty -Eight Thousand Fifty Dollars and No Cents ($268,050.00). This maximum amount is subject to adjustment in the event of any approved increases in scope of service as approved by the CLIENT and the FAA and documented by approved Authorization for Additional Services. 2. Total Project Fees. Total fees as outlined above are Two Hundred Sixty -Eight Thousand Fifty Dollars and No Cents ($268,050.00). See Attachment 1 B for a detailed fee breakdown. PART 3 - SCHEDULE OF SERVICES J-U-B will perform all services according to the following schedule: This Agreement shall be in effect from June 1, 2021 to March 31, 2022. In the event the services described shall not be completed during the term of this Agreement, the Agreement shall be amended. This schedule shall be equitably adjusted as the PROJECT progresses, allowing for changes in scope, character or size of the PROJECT requested by the CLIENT or for delays or other causes beyond J-U-B's control. NOTE on Coronavirus and Schedule: J-U-B is committed to meeting your project schedule commitments as delineated above. As our response to the COVID-19 pandemic, J-U-B is engaging in safety procedures to help protect our clients, staff, their families, and the public. Our staff or offices may be subject to quarantine or other interruptions. Since COVID-19 impacts are beyond J-U-Bs control, we are not responsible for the force majeure impacts to delivery timelines, or subsequent project delays and related claims, costs, or damages. Should circumstances related to the COVID-19 issue arise with J-U-B staff or in a J-U-B office that will impact our delivery schedule, we will notify you of the circumstances and mutually agree to a schedule adjustment. Agreement For Professional Services — FAA Format Attachment 1 — FAA Scope of Services, Schedule, and Basis of Fee (Rev. 051220) Page 1-2 23 Exmbit(s): Attachment 1x-Detailed Scope ofWork Attachment 1e Fee Breakdown Standard Exhibit A:Construction Phase Services For internal J'U'13use only: PROJECT LOCATION (STATE):Washington TYPE OFWORK: Choose anitem. GROUP: Airport pROJECTDESCR|PT|ON(S): A. Airport (A05) B. Construction Inspection/Observation [[02) Agreement For Professional Sommas—FxxFommt 24 no J-U-B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1A — Detailed Scope of Work PROJECT NAME: EAST GENERAL AVIATION (GA) APRON REHABILITATION AIRPORT NAME: Yakima Air Terminal — McAllister Field CLIENT: City of Yakima, WA A.I.P. NUMBER: 3-53-0089-047-2021 J-U-B PROJECT NUMBER: 45-20-008 CLIENT PROJECT NUMBER: N/A ATTACHMENT TO: ® AGREEMENT DATED: X/XX/2021; or ❑ 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 Scope of Services, Basis of Fee, and/or Schedule: PART 1 - PROJECT UNDERSTANDING FAA AIP 3-53-0089-047-2021 will include the Project Formulation, Construction, and Project Closeout Engineering Services for the following Items: • Demolition of the existing pavement via milling and removal of the existing aircraft tiedown anchors • Rehabilitate Existing GA Apron • Install and Reconfigure the apron tiedown layouts and taxi routes • Install Apron Lighting, electrical cable and controls. • Install pavement markings, including airport vehicle routes, tiedown and SIDA marking, • Install storm drain pipe and replace/adjust existing structures to grade. • Install new electrical conduit run to electrical vault PART 2 - SCOPE OF SERVICES BY J-U-B J-U-B's Services 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 of CLIENT. A. Task 006: Project Formulation Phase for Construction and Closeout Services 1. Assist the CLIENT with Project Scope development and formulation. J-U-B will prepare a Scope of Services narrative and detailed description of all work tasks for CLIENT and FAA review and approval. Discuss review comments and revise accordingly. 2. Upon approval of the Scope of Services, J-U-B will prepare a listing of work tasks in a spreadsheet with "empty cells" for person -hours, hourly rates, expenses, and costs. This spreadsheet will be 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. 3.. J-U-B shall provide the CLIENT and the Independent Fee Estimator (IFE) with a blank person -hour spreadsheet, Scope of Services, and overall project estimate. J-U-B Agreement for Professional Services Attachment 1 A — Detailed Scope of Work Page 1 zn 4. Prepare anAgreement for Professional Services for submittal and review bythe CLIENT and FAA, including the F/V\ Professional Service Agreement Checklist. The Agreement shall be comprehensive in description of services and responsibilities of all contract parties. 5. Prepare and submit four WU additional FAA Quarterly Performance Reports, two (2) DBE annual reports and two (2) additional Fiscal Year End Financial FAA 271 and 425 forms. G. Attend eight (8)meetings with the Airport staff during the project in order tokeep Airport personnel and management abreast ofthe progress ofthe projects. Discussions will include project phasing, budget and schedule updates. 7. Assist CLIENT in preparation and processing of monthly Request for Reimbursement (RFR) by submitting data aodescribed. |tioanticipated that the CLIENT will prepare and process eight (8) additional monthly sets of RFR'packages'for this project. J-U-13 will provide documentation of costs for the CLIENT's use in performing the Request for Reimbursements including consultant invoices, reimbursement spreadsheet and the Delphi a|nvoioeform. B. Tmsk807: Construction Phase 1. Prepare and distribute Notice of Award. Construction Agreement and other contract documents. Review Construction Agreement, bonds and insurance documents submitted by Contractor, and assist CLIENT and Contractor inprocessing documents for the project. 2. Coordinate with FAA and the CLIENT throughout the award process. Submit bid documentation including copies of all executed contract documents as required by the FAA. 1 Provide pre -construction coordination; prepare adetailed Pre -Construction Conference agenda and displays; conduct a Pre -Construction Conference on behalf ofthe CLIENT and prepare and issue minutes ofthe Pre -Construction Conference; include FAA items inconference agenda. It is anticipated that J-U-Bwill conduct this meeting atthe Airport. 4. Review the Contractor's Work Schedule and verify that it is consistent with the requirements of the Contract Documents. Coordinate construction activity schedule with CLIENT and Airport operations. 5. Review submitted shop drawings, Safety Plan Compliance Document (SPCD), Quality Control Plan and all submittals required by the Contract Documents. Comment and return all submittals to Contractor for their use and/or revisions and resubmittal. O. Construction staking shall be provided by the contractor as pad of the construction contract. J-U-B will provide benchmarks and horizontal control points for the contractor's use. Prior hostart of construction, J-U-B sun/ay crew will provide survey checks to onnDnm control point(s) has not been altered prior. 7. Prepare a Construction Management Plan in accordance with FAA guidelines. Incorporate Contractor's Quality Control Plan information into the plan. Submit document to the FAA and CLIENT for review. B. Organize and conduct weekly construction meetings with CL|ENT. Contractor and others as appropriate. The Construction Manager and Resident Project Representative will hold these meetings onthe construction site. 9, Provide one full-time project representative to monitor and document construction activities as appropriate. 10. Provide office administration support and assistance tothe Resident Project Representative with the Project Manager or Office Administration as field activities may require. 11. J-U-B shall receive and review the Contractor's monthly requests for payment. J-U-B shall determine whether the amount requested reflects the progress of the Contractor's work and is in accordance with the contract for construction. J-U-BAgreement for Professional Services 26 12. Monitor and coordinate Contractor Quality Control Testing Program pursuant to current FAA specifications for Quality Control and Quality Assurance. It is anticipated that J-U-B will monitor and test for Quality Assurance on asphalt placement only, through the use of a subconsultant. Additional QA testing will be on an "as needed" basis. Fees for the Geotechnical Testing Firm Subconsultant shall be reflected in the "Subconsultant" line found in the cost breakdown spreadsheet attached. 13. The pavement contract on this project is expected to exceed $500,000; as such a Quality Control (QC)/ Quality Assurance (QA) Workshop shall be conducted by the ENGINEER in accordance with the latest version of AC 150/5370-12. 14. Assist CLIENT with review of Contractor Wage (certified payroll review) and EEO documentation review. Conduct Wage interviews with Contractor personnel as required. 15. Coordinate with CLIENT and FAA throughout the construction process. Submit required construction documentation, including weekly activity report forms, mix designs, change orders, etc. Coordinate with CLIENT and FAA verbally concerning change orders, as required. 15. Prepare Contract Change Order/Supplemental Agreements in accordance with FAA Order 5100.38D-Appendix U. Conduct services associated with evaluation, negotiation, and preparation and processing of Contract Change Orders or Supplemental Agreements. Cost estimate is based on the production of 2 (two) Change Orders. 17. Conduct final and substantial completion inspections. The apron project will be constructed in four phases. Substantial and Final completion will take place at the conclusion of the fourth phase of the project where the CLIENT will have full access to the apron to be utilized by aircraft/helicopters. Produce substantial and final completion inspection certificates and field review and documentation of "punch list" items. 18. Provide one part-time project representative to monitor and document work related to the punch list items. 19. Prepare Record drawings of as constructed revisions to Design and Construction Drawings for project improvements as provided by the contractor. Provide CLIENT and FAA with copies of Record Drawings and one electronic copy to be submitted to the FAA as required. Provide CLIENT with 4 (four) sets of prints of Record Drawings. 20. Update CLIENT'S airfield Sign and Marking Plan in order to reflect the new aircraft tiedown, taxilane(s), and vehicle service road. Upon completion of updating the airfield Sign and Marking Plan, J-U-B will provide CLIENT and FAA with one electronic copy. Additionally, J-U-B will provide the CLIENT with 4 (four) sets of prints of the updated Sign and Marking Plan. C. Task 008: Project Closeout Phase 1. Prepare the final project report and close-out documents according to FAA requirements and submit to CLIENT and FAA. 2. Prepare an Airport Layout Plan Set (ALP) Revision to document improvements. A draft copy of the revised ALP will be submitted to the FAA and CLIENT for review. Upon review and comment changes, copies with be distributed to the FAA and CLIENT for signatures. 3. Report Disadvantaged Business Enterprise (DBE) project participation to FAA Civil Rights Connect including all calculations and background information for review and approval. 4. Assist and coordinate with independent auditors in locating appropriate documents for performing A-133 annual audit. In addition to finding appropriate project files, answer questions as required. Setup a digital FTP site to transmit files to the CLIENT and auditor. 5. Provide assistance to the CLIENT in assessing, costing, and updating the five-year Capital Improvement Plan for submittal to State Department of Transportation. J-U-B Agreement for Professional Services Attachment 1 A — Detailed Scope of Work Page 3 27 PART 3-ASSUMPTIONS AND EXCEPTIONS * Project Management Tasks will occur over atotal ofapproximately Qmonths * The Project Manager will attend one weekly construction meeting per month, and will attend the remainder by phone. The Construction Manager and Project Representative will attend all weekly construction meetings. ° The Contractor will work up to 14 hours per day. The Project Representative will be onsite for up to 14 hours per day and up to 16 hours per day during paving operations. The Construction Manager will be onsite 5 hours per week and provide office support an additional 5 hours per week. The construction duration will be 50 working days, 10 weeks. * J-U-1Bwill hire osub-consultant hoperform the QAtesting for this project. * NoFAA reimbursable agreement will berequired for this project ° No SMS plan is required on this project during the design or other portions of the project. J-U-BAgreement for Professional Services ATTACHMENT 1 B- Fee Breakdown PROJECT TITLE: FY 2021 Yakima Air Terminal -McAllister Field East General Aviation (GA) Apron Rehabilitation Project AIP 3-53-0089-047-2021 CLIENT: City of Yakima JOB NUMBER: 45-20-008 DATE: March 17, 2021 a , Profess. 2-Person Senior Project Design Construct Construct GIS Land Survey CAD TASK Principal Engineer Manager Engineer Observer Manager Analyst Surveyor Crew Designer Admin. Trips TOTAL TASK DIRECT No PROJECT TASK $69.00 $65.00 $54.00 $38.00 $39.00 $46.00 $34.00 $52.00 $70.00 $37.00 $20.00 HRS COSTS 00 P e Ft�t'1� l� �o • <.. � \ , i Project Scope Development & Formulation 2 12 14 2 0 0 4 0 0 0 8 1 42 $2,046.00 2 Prepare Cost Proposal 1 1 6 0 0 0 0 0 0 0 6 14 $578.00 Provide blank IFE spreadsheet, scope of services, fee estimate 0 0 1 0 0 0 0 0 0 0 2 3 $94.00 4 Prepare Professional Service Agreement 2 1 2 0 0 0 0 0 0 0 1 6 $331.00 Prepare FAA Quarterly Reports/DBE Annual s Reports/Fiscal Year End forms 0 0 4 16 0 0 0 0 0 0 16 36 $1,144.00 s Attend meetings (8) 0 8 64 32 0 8 0 0 0 0 0 8 112 $5,560.00 7 Prepare Request for Reimbursements (8) 0 0 2 8 0 4 0 0 0 0 16 30 $916.00 b .d e 07 C onstruct� n I'has ............•:• ..: . t. s Prepare Construction Award Documents 0 0 2 4 0 0 0 0 0 0 4 10 $340.00 Coordinate with FAA & Client on Award 0 0 2 1 0 0 0 0 0 0 0 3 $146.00 k 4 Conduct Pre -Construction Conference 0 0 8 8 0 0 0 0 0 0 2 1 18 $776.00 Review & Coordinate Contractor Schedule 0 0 1 2 0 2 0 0 0 0 0 5 $222.00 'Mz Review Shop Drawings & Submittals 0 1 4 16 0 6 0 0 0 0 0 27 $1,165.00 Provide benchmarks and horizontal control points for the r 1Js�l contractor's use 0 0 0 2 0 2 0 2 6 0 0 1 12 $692.00 }, ; Prepare Construction Management Plan 0 0 2 12 0 2 0 0 0 0 0 16 $656.00 Conduct Weekly Construction Meeting 0 0 10 20 0 30 0 0 0 0 0 1 60 JRepresentative Provide Project 0 0 0 0 600 80 0 0 0 0 0 50 680 $27,080.00 Provide Office Administration Support 0 0 16 50 0 12 0 0 0 0 16 94 $3,636.00 }; Review Contractor's Pay Request 0 0 8 25 0 16 0 0 0 0 4 53 $2,198.00 '5`fz,Monitor and Coordinate Contractor's QC Testing f4} Program rt:=,t,4<<0 0 0 20 0 16 0 0 0 0 0 36 $1,496.00 4j =t Quality Control Quality Assurance Workshop 0 0 4 8 0 8 0 0 0 0 0 20 $888.00 r` """Review Contractor Wage Rates & EEO Docs 0 0 0 16 0 0 0 0 0 0 30 46 $1,208.00 Project Coordination between Owner and FAA 0 0 50 0 0 0 0 0 0 0 0 3 50 $2,700.00 �, Prepare Construction Change Orders 0 0 4 16 0 6 0 0 0 0 4 30 $1,180.00 Conduct Final & Substantial Completion 0 0 16 0 2 6 0 0 0 0 2 4 26 $1,258.00 Monitor and Document Punch List Items via Part Time 1 4 1S7F Construction Observer 0 0 10 0 40 4 0 0 0 0 0 5 54 $27 284.00 4s ;,Prepare Record Drawings 0 0 2 0 0 0 0 0 0 16 0 18 $700.00 W01"�`f��Update Airfield Sign and Marking Plan �t 0 0 2 2 0 0 0 0 0 4 0 8 $332.00 Attachment 1 B Fee Breakdown March 2021 Page 1 B-1 ATTACHMENT 1 B- Fee Breakdown PROJECT TITLE: CLIENT: JOB NUMBER: DATE: TASK PROJECT TASK Prepare Final Report Update ALP Drawing Report DBE project participation Assist with Independent Audit Assist with 5-year CIP )R: Labor Direct Overhead Fixed Fee Total Labor + Overhead + Fixed Fee FY 2021 Yakima Air Terminal -McAllister Field East General Aviation (GA) Apron Rehabilitation Project AIP 3-53-0089-047-2021 City of Yakima 45-20-008 March 17, 2021 a , o- Profess. 2-Person Senior Project Design Construct Construct GIS Land Survey CAD Principal Engineer Manager Engineer Observer Manager Analyst Surveyor Crew Designer Admin. Trips TOTAL TASK DIRECT $69.00 $65.00 $54.00 $38.00 $39.00 $46.00 $34.00 $52.00 $70.00 $37.00 $20.00 HRS COSTS ......0....... ......4....... .......1.0....... .......40....... .......0....... .......0....... .......0....... .0 0 8 16 78...... .......2 ,936.00 $ 0 0 2 4 0 0 0 0 0 0 0 6 $260.00 0 0 2 12 0 0 0 0 0 0 0 14 $564.00 0 0 4 0 0 0 0 0 0 0 16 20 $536.00 0 0 2 6 0 0 0 0 0 0 4 12 $416.00 5 27 254 322 642 202 4 2 6 28 147 74 1639 $67,018.00 166.93% $1.11,873.15 1.5.0% $26,833.67 $205,724.82 Attachment 1 B_Fee Breakdown —March 2021 Page 1 B-2 ATTACHMENT 1 B- Fee Breakdown PROJECT TITLE: CLIENT: JOB NUMBER: DATE: TASK PROJECT TASK Air Travel Mileage (from Spokane) Mileage (from Kennewick) Per Diem Lodging GPS Survey Unit Printing SUBCONSULTANTS: i Budinger and Associates 2 Elcon Associates Inc. 3 FY 2021 Yakima Air Terminal -McAllister Field East General Aviation (GA) Apron Rehabilitation Project AIP 3-53-0089-047-2021 City of Yakima 45-20-008 March 17, 2021 a , o- Profess. 2-Person Senior Project Design Construct Construct GIS Land Survey CAD Principal Engineer Manager Engineer Observer Manager Analyst Surveyor Crew Designer Admin. Trips TOTAL TASK DIRECT $69.00 $65.00 $54.00 $38.00 $39.00 $46.00 $34.00 $52.00 $70.00 $37.00 $20.00 HRS COSTS Cost Air Ground Trip Per Unit Trips Trips Days Hours Miles Markup $600.00 0 1.0 $0.00 $0.56 18 414 1.0 $4,173.12 $0.56 59 166 1.0 $5,484.64 $55.00 1.0 $0.00 $150.00 1.0 $0.00 $24.27 8 1.0 $194.16 $1,500.00 1.0 $1,500.00 $43,290 1.0 $43,290.00 $7,687 1.0 $7,687.00 $0 1.0 $0.00 Subtotal - Labor + Overhead + Fixed Fee $205,724.82 Subtotal - Expenses $11,351.92 Subtotal - Subconsultants $50,977.00 Total -Project Bidding & Construction Fees $268,050.00 Attachment 1 B_Fee Breakdown -March 2021 Page 1 B-3 31 frJUS 'k 7-7�� J-U-B ENGINEER INC. J-U-B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Attachment 2 — Special Provisions Client Name: City of Yakima, Yakima Air Project: East General Aviation (GA) Apron Terminal, McAllister Field Rehabilitation A.I.P. # 3-53-0089-047-2021 The TERMS AND CONDITIONS of the FAA Agreement for Professional Services dated are amended to include the following Special Provisions. If there is a conflict in the provisions set forth in these Special Provisions and those represented in the FAA Agreement for Professional Services, the Special Provisions shall prevail: 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 3.04 ADDITIONAL CONDITIONS OF COMPENSATION Delete Section 3.04A in its entirety and replace with the following: 3.04 ADDITIONAL CONDITIONS OF COMPENSATION The CLIENT and J-U-B further agree that: A. J-U-B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. The City will make its best effort to pay invoices in full within thirty (30) days after receipt and then allow amounts due to accrue interest at the rate of 1 % from sixty (60) days after the invoice date. 4.05 INSURANCE AND INDEMNITY Delete Section 4.05 in its entirety and replace with the following: 4.05 INSURANCE AND INDEMNITY A. Insurance. 1. During performance of the Services, J-U-B shall secure and maintain in effect insurance to protect the CLIENT and J-U-B from and against all claims, damages, losses, 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 below, as applicable. The CLIENT reserves the right to require higher limits should it deem it necessary in the best interest of the public. 2. Commercial General Liability Insurance. Before this Contract is fully executed by the parties, J-U-B shall provide the CLIENT with a certificate of insurance as proof of commercial liability J-U-B FAA Agreement for Professional Services YAKIMA Attachment 2 — Special Provisions - FAA (REV 4/2/19) Page 2-1 32 J-1.1.8 ENGINEERS, INC. insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate (per project). The policy shall include employers liability (Washington Stop Gap). The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the 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. 3. Commercial Automobile Liability Insurance. a. If J-U-B owns any vehicles, 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 automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. 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, defend, 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. J-U-B's costs associated with the defense requirement shall be proportional to J-U-B's negligence as determined by the trier of fact. C. Indemnification by CLIENT. To the fullest extent permitted by law, CLIENT shall indemnify, defend, 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 J-U-B FAA Agreement for Professional Services YAKIMA Attachment 2 — Special Provisions - FAA (REV 4/2/19) Page 2-2 33 J-U-B ENGINEERS, INC. (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. CLIENT's costs associated with the defense requirement shall be proportional to CLIENT's negligence as determined by the trier of fact. 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 YAKIMA Attachment 2 — Special Provisions - FAA (REV 4/2/19) Page 2-3 34 CJ UBI J-U-B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES -U-B ENGINEERS, INC. Standard Exhibit A - Construction Phase Services Client City of Yakima Project: 45-20-008 Name: The FAA Agreement for Professional Services dated is amended and supplemented to include the following agreement of the parties with respect to Services during the construction phase of the Project. For the purposes of this exhibit, 'Agreement for Professional Services' and 'the Agreement' shall refer to the document entitled 'FAA Agreement for Professional Services,' executed between J-U-B and CLIENT to which this exhibit and any other exhibits have been attached. For the purposes of this exhibit, the term 'Contract Documents,' shall be defined as documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between CLIENT and contractor, Addenda (which pertain to the Contract Documents), contractor's bid (including documentation accompanying the bid and any post -bid documentation submitted prior to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and J-U-B's written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. For the purposes of this exhibit, the term 'Work,' shall be defined as the entire construction or the various separately identifiable parts thereof required to be provided by the construction contractor under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction; all as required by the Contract Documents. For the purposes of this exhibit, the term 'Site,' shall be defined as lands or areas indicated in the Contract Documents as being furnished by CLIENT upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by CLIENT which are designated for the use of contractor. CONSTRUCTION PHASE SERVICES J-U-B shall provide Construction Phase Services as agreed below. There is a "Yes" and "No" box to the left of each Service. If a box is marked "Yes", J-U-B agrees to perform the Service listed. If a box is marked "No", J-U-B undertakes no duty to perform the Service listed. If a duty or a condition of performance is listed below that is a responsibility of CLIENT, CLIENT's agreement to perform the same is assumed. It is understood and agreed that J-U-B shall not, during the performance of Services, or as a result of observations of the Work in progress, supervise, direct, or have control over contractor(s) Work; nor shall J-U-B have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the Work of the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and performing their Work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J-U-B does not guarantee or warrant the performance of the construction contracts by contractor(s) nor assume responsibility of contractor(s) failure to furnish and perform their Work in accordance with the Contract Documents. The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the CLIENT's contract with the general contractor. The CLIENT also agrees that the CLIENT, J-U-B and J-U-B's subconsultants shall be indemnified by the general contractor in the event of general contractor's failure to assure jobsite safety and shall be named as additional insureds under the general contractor's policies of general liability insurance. Construction Phase After receiving written authorization from CLIENT to proceed with the construction phase, J-U-B may provide the following Services with respect to this part of the Project: ® Yes 1. General Administration of the Contract Documents. Consult with, advise, and assist CLIENT in J-U-B's role as CLIENT's representative. Relevant J-U-B communications with contractor shall be imputed to the CLIENT. Nothing ❑ No contained in this Standard Exhibit A creates a duty in contract, tort, or otherwise to any third party; but, instead, the duties defined herein are performed solely for the benefit of the CLIENT. CLIENT shall agree to include this language in any such agreements it executes with contractor, subcontractors or suppliers. ® Yes 2. Pre -Construction Conference. Participate in a pre -construction conference. ❑ No J-U-B FAA Agreement for Professional Services Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-1 35 Visits to Site and Observation of Construction / Resident Project Representative (RPR) Services. In connection with observations of the Work while it is in progress: ® Yes a. Periodic Site Visits by J-U-B. Make visits to the Site at intervals appropriate to the various stages of construction, as J-U-B deems necessary, to observe as an experienced and qualified design professional the ❑ No progress and quality of the Work. Such visits and observations, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to J-U-B in this Agreement, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on J-U-B's exercise of professional judgment as assisted by the RPR, if any. Based on information obtained during such visits and observations, J-U-B will determine in general, for the benefit of CLIENT, if the Work is proceeding in accordance with the Contract Documents, and J-U-B shall keep CLIENT informed of the progress of the Work. ® Yes b. Resident Project Representative (`RPR'). When requested by CLIENT, provide the Services of a RPR at the Site to provide more extensive observation of the Work. Duties, responsibilities, and authority of the RPR, are as ❑ No set forth in the section entitled Resident Project Representative, herein. Through more extensive observations of the Work and field checks of materials and equipment by RPR, J-U-B shall endeavor to provide further protection to the CLIENT against defects and deficiencies in the Work. The furnishing of such RPR's Services will not extend J-U-B's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. ® Yes 4. Defective Work. Recommend to CLIENT that the Work be disapproved and rejected while it is in progress if J-U-B believes that such Work does not conform generally to the Contract Documents or that the Work will prejudice the ❑ No integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. ® Yes 5. Clarifications and Interpretations; Field Orders. Recommend to CLIENT necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations ❑ No will be consistent with the intent of and reasonably inferable from the Contract Documents. Based on J-U-B's recommendations, CLIENT may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. ® Yes 6. Change Orders, and Work Change Directives. Recommend to CLIENT Change Orders or Work Change Directives, as appropriate, and prepare required documents for CLIENT consideration. CLIENT may issue Change Orders or ❑ No Work Change Directives authorizing variations from the requirements of the Contract Documents. ® Yes 7. Shop Drawings and Samples. Review or take other appropriate action in respect to Shop Drawings, Samples, and other data that contractor is required to submit, but only for conformance with the design concept of the Project and ❑ No compliance with the information given in the Contract Documents. Such reviews or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. ® Yes 8. Substitutes. Consult with and advise CLIENT concerning, and determine the acceptability of, substitute materials and ❑ No equipment proposed by contractor. ® Yes 9. Inspections and Tests. Make recommendations to CLIENT concerning special inspections or tests of the Work, and the receipt and review of certificates of inspections, testing, and approvals required by laws and regulations and the ❑ No Contract Documents (but only to determine generally that the results certified indicate compliance with the Contract Documents). J-U-B FAA Agreement for Professional Services Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-2 36 ® Yes 10. Disagreements between CLIENT and Contractor. Assist CLIENT in rendering formal written decisions on claims of CLIENT and contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract ❑ No Documents pertaining to the execution and progress of the Work. In assisting in such decisions, J-U-B shall not be liable in connection with any decision rendered in good faith. ® Yes 11. Applications for Payment. Based on J-U-B's on -site observations as an experienced and qualified design professional, and upon written request of CLIENT, review Applications for Payment and the accompanying supporting ❑ No documentation. Assist CLIENT in determining the amounts owed to contractor and, if requested by CLIENT, recommend in writing to CLIENT that payments be made to contractor in such amounts. Such recommendations of payment will constitute a representation to CLIENT that, to the best of J-U-B's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, and subject to any subsequent tests called for in the Contract Documents or to any other qualification stated in the recommendation), and the conditions precedent to contractor's being entitled to such payments appear to have been fulfilled insofar as it is J-U-B's responsibility to observe the Work. In the case of unit price Work, J-U-B's recommendation of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Contract Documents). By recommending any payment and after reasonable inquiry, J-U-B shall not thereby be deemed to have represented that exhaustive, continuous, or detailed reviews or examinations have been made by J-U-B to check the quality or quantity of the Work as it is furnished and provided beyond the responsibilities specifically assigned to J-U-B in this Agreement and the Contract Documents. J-U-B's review of the Work for the purposes of recommending payments will not impose on J-U-B the responsibility to supervise, direct, or control such Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or contractor's compliance with laws and regulations applicable to its furnishing and performing the Work. J-U-B's review will also not impose responsibility on J-U-B to make any examination to ascertain how or for what purposes contractor has used monies paid to contractor by CLIENT; to determine that title to any of the Work, including materials or equipment, has passed to CLIENT free and clear of any lien, claims, security interests, or encumbrances; or that there may not be other matters at issue between CLIENT and contractor that might affect the amount that should be paid. ® Yes 12. Contractor's Completion Documents. Receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals, Shop Drawings, Samples, other data approved, ❑ No and the annotated record documents which are to be assembled by contractor in accordance with the Contract Documents (such review will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspection, tests, or approvals indicates compliance with, such Contract Documents); transmit them to CLIENT with written comments. ® Yes 13. Substantial Completion. Promptly after notice from CLIENT that contractor considers the Work for this part of the Project is ready for its intended use, in company with CLIENT and contractor, conduct a site visit to determine if the ❑ No Work is substantially complete. Provide recommendation to CLIENT relative to issuance of Certificate of Substantial Completion. ® Yes 14. Final Notice of Acceptability of the Work. Assist CLIENT in conducting a final inspection to determine if the completed ❑ No Work is acceptable so that J-U-B may recommend, in writing, that final payment be made to contractor. ® Yes 15. Additional Tasks. Perform or provide the following additional construction phase tasks or deliverables as delineated ❑ No in Attachment 1 — Scope of Services and/or Schedule and/or Basis of Fee, which is included with the Agreement. General Limitation of Responsibilities. J-U-B shall not be responsible for the acts or omissions of any contractor or of any of their subcontractors, suppliers, or any other individual or entity performing or furnishing any of the Work. J-U-B shall not be responsible for failure of any contractor to perform or furnish the Work in accordance with the Contract Documents. CLIENT shall agree to include this language in any such agreements it executes with contractor, subcontractors or suppliers. J-U-B's Construction Phase Services will be considered complete on the date of Final Notice of Acceptability of the Work. J-U-B FAA Agreement for Professional Services Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-3 37 Post -Construction Phase After receiving authorization from CLIENT to proceed with the post -construction phase, J-U-B may: ® Yes 1. Testing/Adjusting Systems. Provide assistance in connection with the testing and adjusting of equipment or systems. ❑ No ❑ Yes 2. Operate/Maintain Systems. Assist CLIENT in coordinating training for CLIENT's staff to operate and maintain ® No equipment and systems. ❑ Yes 3. Control Procedures. Assist CLIENT in developing procedures for control of the operation and maintenance of, and ® No recordkeeping for, equipment and systems. ❑ Yes ® No 4. O&M Manual, Assist CLIENT in preparing operating, maintenance, and staffing manuals. ® Yes 5. Defective Work. Together with CLIENT, visit the Project to observe any apparent defects in the Work, assist CLIENT in consultations and discussions with contractor concerning correction of any such defects, and make ❑ No recommendations as to replacement or correction of Defective Work, if present. ❑ Yes 6. Record Surveying. Provide field surveying of readily accessible elements of the final completed construction to ® No supplement the preparation of Record Drawings. ® Yes 7. Record Drawings. Furnish a set of reproducible prints of Record Drawings showing significant changes made during ❑ No the construction process, based on the annotated record documents for the Project furnished by the contractor. ® Yes g. Warrantee Inspection. In company with CLIENT or CLIENT's representative, provide an inspection of the Project ❑ No within one month before the end of the contractor correction period to ascertain whether any portion of the Work is subject to correction. ® Yes 9. Additional Tasks. Perform or provide the following additional post -construction phase tasks or deliverables as listed ❑ No in Attachment 1 - Scope of Services and/or Schedule and/or Basis of Fee, which is included with the Agreement. The Post -Construction Phase Services may commence during the construction phase and, if not otherwise modified by the mutual agreement of CLIENT and J-U-B, will terminate at the end of the correction period. J-U-B FAA Agreement for Professional Services Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-4 38 CONSTRUCTION PHASE ADDITIONAL SERVICES If authorized by CLIENT and expressly agreed by J-U-B; or, if performed by J-U-B with the knowledge of the CLIENT after the signing of the Agreement for Professional Services, J-U-B shall furnish or obtain from others Additional Services of the types listed in this paragraph: 1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by CLIENT if the resulting change in compensation for Construction Phase Services is not commensurate with the Services rendered; Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by contractor and Services after the award of the contract; Services in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by contractor; and Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of material equipment, or energy shortages. 2. Services involving out-of-town travel required of J-U-B other than visits to the Site or CLIENT's office. 3. Assistance in connection with bid protests, rebidding, or renegotiating the Construction Agreement. 4. Services in connection with any partial utilization of the Work by CLIENT prior to Substantial Completion. 5. Additional or extended Services during construction of the Work made necessary by (a) emergencies or acts of God endangering or delaying the Work, (b) the discovery of constituents of concern, (c) Work damaged by fire or other cause during construction, (d) a significant amount of defective Work, (e) acceleration of the progress schedule involving Services beyond normal working hours, and (f) default by contractor, including extensions of the construction period. 6. Evaluating an unreasonable number of claims submitted by contractor or others in connection with the Work. 7. Protracted or extensive assistance in refining and adjusting any equipment or system (such as initial startup, testing, adjusting, and balancing). 8. Services or consultations after completion of the construction phase, such as excessive inspections during any correction period and reporting observed discrepancies under guarantees called for in the Construction Agreement for the Work (except as agreed to under Construction Phase Services). 9. Preparing to serve or serving as a consultant or witness for CLIENT in any litigation, arbitration, or other legal or administrative proceeding involving the Project to which J-U-B has not been made a party. 10. Additional Services in connection with the Work, including Services which are to be furnished by CLIENT and Services not otherwise provided for in this Agreement. RESIDENT PROJECT REPRESENTATIVE If provided as part of Construction Phase Services, J-U-B shall furnish a Resident Project Representative ("RPR"), assistants, and other field staff to assist J-U-B in observing progress and quality of the Work. The RPR, assistants, and other field staff may provide full-time representation or may provide representation to a lesser degree. Through such additional observations of the Work and field checks of materials and equipment by the RPR and assistants, J-U-B shall endeavor to provide further protection for CLIENT against defects and deficiencies in the Work. It is understood and agreed that J-U-B shall not, during the performance of Services, or as a result of observations of the Work in progress, supervise, direct, or have control over contractor(s)' Work; nor shall J-U-B have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the Work of the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and performing their Work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J-U-B does not guarantee or warrant the performance of the construction contracts by contractor(s) nor assume responsibility of contractor(s)' failure to furnish and perform their Work in accordance with the Contract Documents. The RPR's duties under this Agreement shall be strictly limited to the following: 1. General. RPR is J-U-B's agent at the Site, will act as directed by and under the supervision of J-U-B, and will confer with J-U-B regarding RPR's actions. 2. Schedules. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by contractor and consult with CLIENT concerning acceptability of such schedules. 3. Conferences and Meetings. When requested by CLIENT to do so, attend meetings with contractor, such as preconstruction conferences, progress meetings, job conferences, and other project -related meetings. ��Fiil�'Ti1t.Ya'if�.7;31a��:3ii� .IFt�7iin1f9iL�l�l�►ll1 J-U-B FAA Agreement for Professional Services Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-5 39 5. Interpretation of Contract Documents. Report to CLIENT when clarifications and interpretations of the Contract Documents are needed. 6. Shop Drawings and Samples. Receive and record date of receipt of reviewed Samples and Shop Drawings. 7. Modifications. Consider and evaluate contractor's suggestions for modifications to Drawings or Specifications and report, with RPR's recommendations, to CLIENT. Transmittal to contractor of written decisions as issued by J-U-B will be in writing. 8. Review of Work and Rejection of Defective Work. a) Conduct on -site observations of the Work to assist J-U-B in determining if the Work is, in general, proceeding in accordance with the Contract Documents. b) Report to CLIENT whenever RPR believes that any part of the Work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents; has been damaged; or does not meet the requirements of any inspection, test, or approval required to be made. Advise CLIENT of that part of the Work that RPR believes should be corrected, rejected, or uncovered for observation, or that requires special testing, inspection, or approval. 9. Inspections, Tests, and System Startups. a) Advise CLIENT in advance of scheduled major inspections, tests, and system start-ups for important phases of the Work. b) Verify that tests, equipment, and system start-ups and operating and maintenance training is conducted in the presence of appropriate personnel and that contractor maintain adequate records thereof. c) Observe, record, and report to CLIENT appropriate details relative to the test procedures and system start-ups. d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results of these inspections, and report to CLIENT. 10. Records. a) Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, J-U-B's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals, and other Project -related documents. b) Prepare a daily report or keep a diary or log book, recording contractor's and subcontractors' hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; furnish copies of such records to CLIENT. c) Maintain accurate, up-to-date lists of the names, addresses, e-mail addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. d) Maintain records for use in preparing documentation of the Work. e) Upon completion of the Work with respect to the Project, furnish a complete set of all RPR Project documentation to CLIENT. J-U-B FAA Agreement for Professional Services Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-6 40 11. Reports. a) Furnish to CLIENT periodic reports as required of progress of the Work and of contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b) Present to CLIENT proposed Change Orders, Work Change Directives, and Field Orders. c) Furnish to CLIENT copies of all inspection, test, and system startup reports. d) Report immediately to CLIENT the occurrence of any Site accidents, emergencies, acts of God endangering the Work, property damaged by fire or other causes, and the discovery or presence of any constituents of concern. 12. Payment Request: Review Applications for Payment for compliance with the established procedure for their submission and forward with recommendations to CLIENT, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site, but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals. During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals, and other data required by the Specifications to be assembled and furnished by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to CLIENT for review. 14. Completion. a) Before issuing a Certificate of Substantial Completion, submit to CLIENT a list of observed items requiring completion or correction. b) Observe whether contractor has arranged for inspections required by laws and regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Project. c) Participate in a final inspection in the company of CLIENT and contractor and prepare a final list of items to be completed or corrected with respect to the Work. d) Observe whether all items on final list have been completed or corrected and make recommendations to CLIENT concerning acceptance and issuance of CLIENT's Final Notice of Acceptability of the Work. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of J-U-B's authority as set forth in the Agreement for Professional Services . 3. Undertake any of the responsibilities of contractor, subcontractors, suppliers, or contractor's superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction or of the Work, unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of CLIENT or contractor. 6. Participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized. 7. Accept Shop Drawing or Sample submittals from anyone other than J-U-B. 8.. Authorize CLIENT to occupy the Work in whole or in part. J-U-B FAA Agreement for Professional Services Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-7 41 CLIENT'S RESPONSIBILITIES Except as otherwise provided herein or in the Agreement for Professional Services, CLIENT shall do the following in a timely manner so as not to delay the Services of J-U-B and shall bear all costs incident thereto: 1. Provide, as may be required for the Project, such legal services as CLIENT may require or J-U-B may reasonably request with regard to legal issues pertaining to the Project, including any that may be raised by contractor. 2. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job -related meetings and Substantial Completion, final payment, and other inspections. 3. Give prompt written notice to J-U-B whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of J-U-B's Services, or any defect or nonconformance in J-U-B's Services or in the Work of any contractor. 4. Render all final decisions related to: 1) changes or modifications to the terms of the construction contract, 2) acceptability of the Work, and 3) claims or Work stoppages. 5. Unless included in J-U-B Scope of Services, provide construction staking and materials testing services for the project. The Client agrees to require all contractors of any tier to carry statutory Workers Compensation, Employers Liability Insurance and appropriate limits of Commercial General Liability Insurance (CGL). The Client further agrees to require all contractors to have their CGL policies endorsed to name the Client, the Consultant and its sub -consultants as Additional insureds, on a primary and noncontributory basis, and to provide Contractual Liability coverage sufficient to insure the hold harmless and indemnity obligations assumed by the contractors. The Client shall require all contractors to furnish to the Client and the Consultant certificates of insurance as evidence of the required insurance prior to commencing work and upon renewal of each policy during the entire period of construction. In addition, the Client shall require that all contractors will, to the fullest extent permitted by law, indemnify and hold harmless the Client, the Consultant and its sub consultants from and against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project, including all claims by employees of the contractors. In addition to any other limits of indemnification agreed to between the Parties, CLIENT agrees to indemnify and hold harmless J U B, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work. This is to include, but not to be limited to any such claim, cost, loss, or damage that is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom to the extent caused by any negligent act or omission of contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, as well as any general, special or other economic damages resultant from Work stoppages or delays that are caused in whole or part by J U B's exercise of the rights and duties as agreed herein (Construction Phase Services). CLIENT agrees that CLIENT will cause to be executed any such agreements or contracts with contractors, subcontractors or suppliers to effectuate the intent of this part before any Work is commenced on the Project; if CLIENT negligently fails to do so, CLIENT agrees to fully indemnify J U B from any liability resulting therefrom, to include, but not to be limited to, all costs relating to tendering a defense to any such claims made. J-U-B FAA Agreement for Professional Services Standard Exhibit A — FAA Construction Phase Services (REV 4/17) Page A-8