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10/05/2021 04.F. Resolution authorizing an agreement with JUB Engineering, Inc for environmental services regarding development of a new passenger terminal building and Taxilane Charlie expansion projects 1 • i rr 11 i \��� O i enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.F. For Meeting of: October 5, 2021 ITEM TITLE: Resolution authorizing an agreement with JUB Engineering, Inc for environmental services regarding development of a new passenger terminal building and Taxilane Charlie expansion projects SUBMITTED BY: Robert K. Peterson,Airport Director, 509-575-6149 SUMMARY EXPLANATION: On September 21, 2021, City Council adopted the Airport Layout Plan with Narrative Report, which identifies important Capital Improvement Projects at the airport through 2040. Two projects highlighted within the plan are the extension of Taxilane Charlie and the consideration for constructing a new passenger terminal building in 2025. Prior to initiating the design, engineering, and construction of these projects, the Federal Aviation Administration (FAA) requires the airport to conduct environmental studies of both locations. Provided the ground at both locations have already been disturbed by previous capital improvements, it's anticipated the airport will receive approval through a documented category exclusion as outlined within the FAA's Environmental Orders (FAA Order 1050.1 F and FAA Order 5050.4B). Upon acceptance by the FAA these project will require no further environmental review and allow the airport to proceed to initial design and engineering. The tasks assigned to JUB Engineering will include review of baseline resource data, biological evaluation, water resource management, cultural resource survey and prepare a final environmental document to be presented to the Federal Aviation Administration. Total contract amount is $35,410, which the FAA will provide 90% of the funding administered through a grant during FY 2022. The remaining 10%will be derived from the Passenger Facility Charge program. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: 2 Adopt Resolution ATTACHMENTS: Description Upload Date Type D Resolution 9/8/2021 Resolution D Terminal Enviro Contract 9/22/2021 Contract ❑ Taxilane Charlie Enviro Contract 9/22/2021 Contract 3 RESOLUTION NO. R-2021- A RESOLUTION authorizing an agreement with JUB Engineering, Inc for environmental services regarding development of a new passenger terminal building and taxilane charlie expansion projects. 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 requires services which include review of baseline resource data, biological evaluation, water resource management, cultural resource survey and prepare a final environmental document to be presented to the Federal Aviation Administration for future consideration to develop a new passenger terminal building and extend the airport's taxilane Charlie for future hangar development which JUB is willing to provide; 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 $31,869.00 of federal grant funds and approximately $3,541 .00 of Passenger Facility Charge funds, used as the airport's local match requirement, to fund the work to be performed under the terms of the Environmental Services Agreement; and WHEREAS, in accordance with the terms and conditions of the Agreement for environmental services attached hereto the engineer will perform the services outlined in the Environmental Services Agreement during the 2021-2022 calendar year; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to enter into an agreement with JUB Engineering provide the necessary environmental services for the project; 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 Environmental Services Agreement with JUB Engineering, Inc. in the amount not to exceed thirty-five thousand four hundred ten dollars ($35,410.00), to provide project formulation and management, resource evaluation which include review of baseline resource data, biological evaluation, water resource management, cultural resource survey and prepare a final environmental document to be presented to the Federal Aviation Administration, as provided under Airport Improvement Program. ADOPTED BY THE CITY COUNCIL this 5'h day of October, 2021. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk 4 AGREEMENT FOR PROFESSIONAL SERVICES(FAA FORMAT) Environmental Review Main Terminal Building,A.I.P. 3-53-0089-052-2022 Yakima Air Terminal - McAllister Field, Yakima,WA THIS AGREEMENT is effective as of the day of , 2021 by and between, City of Yakima, 129 N. Second St. Yakima, WA 98901 hereinafter referred to as the CLIENT, and J-U-B ENGINEERS, Inc., W. 422 Riverside, Suite 304, Spokane, Washington, 99201, an Idaho Corporation, hereinafter referred to as J-U-B. WHEREAS, the CLIENT intends to: have an environmental review for the main terminal building reconstruction hereinafter referred to as the "Project". The services to be performed by J-U-B are hereinafter referred to as the "Services". WITNESSETH Now, therefore, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set for below: ARTICLE 1 J-U-B'S SERVICES 1.01 BASIC SERVICES J-U-B will perform the Services described in Attachment 1 - Scope of Services, Basis of Fee, and Schedule in a manner consistent with the applicable standard of care. J-U-B's services shall be limited to those expressly set forth therein, and J-U-B shall have no other obligations, duties, or responsibilities for the Project except as provided in this Agreement. 1.02 SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said Services in accordance with the schedule described in Attachment 1 Scope of 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 CLIENT, J-U-B agrees to furnish, or obtain from others, additional professional services in connection with the PROJECT, as set forth below and as otherwise contained within this Agreement: A. Provide other services not otherwise provided for in this Agreement, including services normally furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES. B. Provide services as an expert witness for the CLIENT in connection with litigation or other proceedings involving the PROJECT. C. Assist or extend services as a result of strikes, walkouts, or other labor disputes, including acts relating to settlement of minority group problems. D. Mitigation work identified in the environmental review. Agreement For Professional Services—FAA Format 0320(92u2021 I19:00 PM) Page 1 FAA Agreement_2019 5 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. I. Promptly prepare and submit reimbursement requests to funding agencies. J. Compensate J-U-B for services promptly rendered under this AGREEMENT. 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. Partial payment shall be made for the services performed as the work under this AGREEMENT progresses. Such payment is to be made monthly based on the itemized statements, invoices, or other 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 to the 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 Agreement For Professional Services—FAA Format 0320(vn2°21848:00 AM) Page 2 FAA Agreement_2019 6 completed work under this AGREEMENT. The CLIENT shall make full payment of the value of such documented monthly service as verified on the monthly statement. 3.02 ADDITIONAL COMPENSATION In addition to any and all compensation hereinabove, the CLIENT shall compensate J-U-B for Additional Services, Section 1.03, under a written Authorization for Additional Services executed by both Parties that specifically describes the additional work and the cost associated therewith. These additional services are to be performed or furnished by J-U-B only upon receiving said written authorization from the CLIENT. 3.03 COMPENSATION ADJUSTMENT CLIENT agrees to provide J-U-B a notice to proceed with Services within 120 days of the effective date of this Agreement identified in Attachment 1. If the notice to proceed with Services is delayed beyond 120 days from the effective date of this Agreement, or service described will not be completed during the term of this Agreement through no fault of J-U-B, the Agreement shall be amended through mutual negotiation to address both schedule and pricing impacts of the delay. CLIENT understands that any pricing increase may not be grant fundable by FAA. 3.04 ADDITIONAL CONDITIONS OF COMPENSATION The CLIENT and J-U-B further agree that: A. J-U-B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment in full within thirty (30) days after receipt of J-U-B's statement, the amounts due J-U-B will accrue interest at the rate of 1% per month from said thirtieth day or at the maximum interest rate allowed by law, whichever is less. B. If the CLIENT fails to make monthly payments due J-U-B, J-U-B may, after giving ten (10) days written notice to the CLIENT, suspend services under this Agreement. ARTICLE 4 GENERAL PROVISIONS 4.01 OWNERSHIP OF DOCUMENTS Upon the request of the CLIENT, J-U-B shall furnish the CLIENT copies of all maps, plots, drawings, estimate sheets, and other contract documents required for the PROJECT provided J-U-B has been paid in full for the work. Upon the request of the CLIENT and the completion of the work specified herein, all material documents acquired or produced by J-U-B in conjunction with the preparation of the plans shall be delivered to and become the property of the CLIENT providing no future use of said documents or portions thereof shall be made by the CLIENT with J-U-B's name or that of J-U-B ENGINEERS, Inc., attached thereto. Final submittal of J-U-B's work product shall be in hard-copy format and no electronic design files will be submitted as part of the PROJECT, unless expressly requested. Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B for the specific purpose intended by the reuse, will be at CLIENT's sole risk and without liability or legal exposure to J-U-B. The CLIENT shall release, defend, indemnify, and hold J-U-B harmless from any claims, damages, actions or causes of action, losses, and expenses, including reasonable attorneys' and expert fees, arising out of or resulting from such reuse. 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. Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 3 FAA Agreement_2019 7 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. 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, WA. Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 4 FAA Agreement_2019 8 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 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. Agreement For Professional Services—FAA Format 0320(vn2°21848:00 AM) Page 5 FAA Agreement_2019 9 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: 1. Perform the services within the time specified in this contract or by CLIENT approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, J-U-B must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, J-U-B Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 6 FAA Agreement_2019 10 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. If, after finalization of the termination action, the CLIENT determines J-U-B was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the CLIENT issued the termination for the convenience of the CLIENT. b) Termination by Consultant: J-U-B may terminate this Agreement in whole or in part, if the CLIENT: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to J-U-B in accordance with the terms of this Agreement; 3. Suspends the Project for more than 120 days due to reasons beyond the control of J-U-B. Upon receipt of a notice of termination from J-U-B, CLIENT agrees to cooperate with J-U-B for the purpose of terminating the agreement or portion thereof, by mutual consent. If CLIENT and J-U-B cannot reach mutual agreement on the termination settlement, J-U-B may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the CLIENT's breach of the contract. In the event of termination due to CLIENT breach, the Engineer is entitled to invoice CLIENT and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by J-U-B through the effective date of termination action. CLIENT agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 5.03 CERTIFICATIONS OF J-U-B AND CLIENT A. The CLIENT and J-U-B hereby certify that J-U-B has not been required, directly or indirectly, as an expressed or implied condition in connection with obtaining or carrying out this contract, to: 1. employ or retain, or agree to employ or retain, any firm or persons; or 2. pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind. B. A signed "Certificate for Contracts, Grants, Loans, and Cooperative Agreements" is included with this agreement. 5.04 TAX DELINQUENCY AND FELONY CONVICTIONS J-U-B certifies, by submission of this proposal or acceptance of this contract, that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. J-U-B further represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 7 FAA Agreement_2019 11 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. 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: Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 8 FAA Agreement_2019 12 • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 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 Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 9 FAA Agreement_2019 13 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. 5.09 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49 CFR Part 20, Appendix A) A. No Federal appropriated funds shall be paid, by or on behalf of J-U-B, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal grant, contract, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal contract, loan, grant, or cooperative agreement, J-U-B shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. J-U-B shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 5.10 EQUAL OPPORTUNITY CLAUSE During the performance of this contract, J-U-B agrees as follows: (1) J-U-B will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. J-U-B will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. J-U-B agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) J-U-B will, in all solicitations or advertisements for employees placed by or on behalf of J-U-B, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) J-U-B will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of J-U-B's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) J-U-B will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) J-U-B will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of J-U-B's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and J-U-B may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 10 FAA Agreement_2019 14 Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) J-U-B will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted 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. Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 11 FAA Agreement_2019 15 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 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. Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 12 FAA Agreement_2019 16 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. 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, Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 13 FAA Agreement_2019 17 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. 5.24 AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY 1. J-U-B's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for J-U-B's aggregate workforce in each trade on all construction work in the covered area, are as follows: 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. 3. 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. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Washington State, Yakima County, City of Yakima. Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 14 FAA Agreement_2019 18 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 ATTEST BY: Name: Name: Title: Title: J-U-B: J-U-B ENGINEERS, Inc. ATTEST By: Name: Toby er, P.E. Name: 1541-4.3 Title: Aviation Services Group Manager Title: iAlfC ® 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 ® Attachment 1A—Detailed Scope of this Work Agreement are indicated ® Attachment 1 B—Fee Breakdown as marked ® Attachment 2—Special Provisions ❑ Exhibit A—Construction Phase Services 0 Agreement For Professional Services—FAA Format 0320(9/17/2021 8:48:00AM) Page 15 FAA Agreement_2019 19 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, 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: Date: Sponsor's Authorized Representative Title: Agreement For Professional Services—FAA Format 03200/u2°21848:00 AM) Page 16 FAA Agreement_2019 Last updated by Wendy Givens Soloman on Apr 22,202I at II:27AM J-U-B ENGINEERS,INC. _L I_SAM,GOV® J-U-B ENGINEERS, INC. DUNS Unique Entity ID SAM Unique Entity ID CAGE/NCAGE 078408341 WU2TGK7D3J49 OKJYO Purpose of Registration Expiration Date Registration Status All Awards Apr 22,2022 Active Physical Address Mailing Address 2760 W Excursion LN STE 400 2760 W Excursion Lane Meridian,Idaho 83642-5313 Suite 400 United States Meridian,Idaho 83642 United States Doing Business as Division Name Division Number J-U-B J-u-b Engineers,Inc. (blank) Congressional District State/Country of Incorporation URL Idaho 01 Idaho/United States www.jub.com Registration Dates Activation Date Submission Date Initial Registration Date May 12,2021 Apr 22,2021 Jan 15,2002 Entity Dates Entity Start Date Fiscal Year End Close Date Jan 1,1954 Dec 31 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation Registrants in the System for Award Management(SAM)respond to the Executive Compensation questions in accordance with Section 6202 of P.L.110-252,amending the Federal Funding Accountability and Transparency Act(P.L.109-282).This information is not displayed in SAM.It is sent to USAspending.gov for display in association with an eligible award.Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management(SAM)respond to proceedings questions in accordance with FAR 52.209-7,FAR 52.209-9,or 2.C.F.R.200 Appendix XII.Their responses are not displayed in SAM.They are sent to FAPIIS.gov for display as applicable.Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions. .uthorizati I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes T Business Types Entity Structure Entity Type Organization Factors Corporate Entity(Not Tax Exempt) Business or Organization (blank) Profit Structure For Profit Organization Accepts Credit Card Payments Debt Subject To Offset Yes No https://sam.gov/entity/07840834I/coreData?status=Active Pagel oft Last updated by Wendy Givens Soloman on Apr 22,2021 at 11:27 AM J-U-B ENGINEERS,INC. 13 If1 c q Electronic Business 2760 W Excursion Lane Laurel Fritz,Corporate Accountant Suite 400 21 Meridian,Idaho 83642 United States Government Business 2760 W Excursion Lane Timothy J Haener, President/CEO Suite 400 Meridian,Idaho 83642 United States Clyde J Hurst, Project Manager 400 Memorial Drive Idaho Falls,Idaho 83402 United States Service Classifications NAICS Codes Primary NAICS Codes NAICS Title Yes 541330 Engineering Services 221310 Water Supply And Irrigation Systems 221320 Sewage Treatment Facilities 236220 Commercial And Institutional Building Construction 237110 Water And Sewer Line And Related Structures Construction 237210 Land Subdivision 237310 Highway,Street,And Bridge Construction 237990 Other Heavy And Civil Engineering Construction 541320 Landscape Architectural Services 541370 Surveying And Mapping(Except Geophysical)Services 541618 Other Management Consulting Services 541620 Environmental Consulting Services 541820 Public Relations Agencies 562910 Remediation Services 925120 Administration Of Urban Planning And Community And Rural Development *isaster Response Yes,this entity appears in the disaster response registry. States Counties Metropolitan Statistical Areas Idaho (blank) (blank) Utah Washington https://so.m.gov/e.,t,•t7'/078408341/coreDato?stotus=.Active Page 2 of2 1JLSAM*GOV Entity Information Search Results 0 Total Results Filter by: 22 Keyword Status Transect Active Sep 16,2021 09:29:30 PM GMT 1 1JLSAM*GOV Entity Information Search Results 0 Total Results Filter by: 23 Keyword Location Status Gorman Zip Code:99218 Active Sep 16,2021 09:42:51 PM GMT 1 24 (JI J•U•8 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: Environmental Review Main Terminal Building AIRPORT NAME: Yakima Air Terminal - McAllister Field CLIENT: City of Yakima A.I.P. NUMBER: 3-53-0089-052-2022 J-U-B PROJECT NUMBER: 45-20-026 CLIENT PROJECT NUMBER: ATTACHMENT TO: 0 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 3-53-0089-052-2022 includes an environmental evaluation for the following work: • Main Terminal Building demolition and the construction of a new terminal building in the same location. 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: 1. Environmental Review Main Terminal Building. The CLIENT shall compensate J-U-B on the basis of a lump sum amount of Twelve Thousand Six Hundred Forty Dollars and No Cents ($12,640.00). See Attachment 1 B for a detailed cost breakdown. PART 3 -SCHEDULE OF SERVICES J-U-B will perform all services according to the following schedule: We anticipate field work to be completed in October 2021 with report development to be completed by March 2022. Draft report submittal by end of December 2021. This Agreement shall be in effect from October 5, 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 CO VID-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 CO VID-19 impacts are beyond J-U-B's control, we Agreement For Professional Services—FAA Format Attachment 1 —FAA Scope of Services, Schedule,and Basis of Fee(Rev. 051220) Page 1-1 25 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 CO VID-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 Exhibit(s): • Attachment 1A-Detailed Scope of Work • Attachment 1 B-Fee Breakdown • Attachment 1 C-Study Area For internal J-U-B use only: PROJECT LOCATION (STATE): Washington TYPE OF WORK: Choose an item. R&D: No GROUP: Airport PROJECT DESCRIPTION(S): Airport (A05) Environmental (E09) Agreement For Professional Services—FAA Format Attachment 1 —FAA Scope of Services, Schedule, and Basis of Fee(Rev.051220) Page 1-2 26 (JI J•U•8 ENGINEERS,INC. J-U-B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT) Attachment 1A—Detailed Scope of Work PROJECT NAME: Environmental Review Main Terminal Building AIRPORT NAME: Yakima Air Terminal - McAllister Field CLIENT: City of Yakima A.I.P. NUMBER: 3-53-0089-052-2022 J-U-B PROJECT NUMBER: 45-21-021 CLIENT PROJECT NUMBER: ATTACHMENT TO: 0 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: PART 1 -PROJECT UNDERSTANDING 1) Cultural Resource Survey 2) Biological Report. 3) Water Resource Assessment. 4) Field Visit. The Proposed Project elements, herein referred to as the"PROJECT,"are illustrated on the attached Study Area Exhibit.The study area limits encompass a total of+3 acres. This Environmental Review will address the aforementioned proposed project action elements consistent with the Airport Layout Plan (ALP). 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. Conduct an Environmental Review to determine existing environmental conditions contained within the defined Study Area. The enclosed Attachment illustrates the anticipated Study Area,which encompasses approximately±3 acres. The environmental review will be developed in accordance with Federal Aviation Administration(FAA) Order 5050.4B and 1050.1F, as amended. The preparation of the environmental review will consist of the following tasks: 1. Project Management—J-U-B will perform coordination with project team, the Owner, the FAA and other applicable agencies. This Scope of Services assumes coordination with FAA staff for their review and approval of the environmental document. Prepare monthly invoices for work completed during the period invoiced. Provide a summary of the work completed during the invoice period. Work Task: • Monthly Invoices and Coordination meetings (6) 2. Resource Evaluation — Conduct a site survey, environmental resource analysis and describe the existing conditions of the project area consistent with FAA Order 1050.1F Environmental Agreement for Professional Services—FAA Format(Rev 2-19) Attachment 1A—FAA Detailed Scope of Work Page 1 27 Impacts: Policies and Procedures. J-U-B will obtain relevant data from local, state and federal agencies to identify potential impacts from the proposed action. Resources that will be evaluated include: air quality, compatible land use, farmlands, floodplains, visual impacts, noise, socioeconomic resources, transportation biological resources, invasive species, recreational resources and cultural resources. A qualified archaeologist and architectural historian (subconsultant) will prepare a cultural resource survey for the proposed project area. Deliverables: • Baseline resource data • Biological evaluation • Cultural resource survey (Subconsultant) 3. Prepare Draft Environmental Document — J-U-B will prepare a draft environmental document commensurate with an FAA Documented Categorial Exclusion including the completion of the FAA Documented Cat Ex Form. Prepare supporting documentation and attachments for the environmental document. Process the draft environmental document for submittal to the project sponsor and FAA review Deliverables: • Draft Environmental Document 4. Prepare Final Environmental Document—Revise the final environmental document to respond to agency comments and submit the final document to FAA for signature. The final environmental document will be submitted to the project sponsor. Deliverables: • Final Environmental Document PART 3 -ASSUMPTIONS AND EXCEPTIONS A. List of Assumption and Exceptions here • No Phase I Environmental Site Assessment (ESA) • No formal or informal consultation with United States Fish Wildlife Services (USFWS) • No public involvement Agreement for Professional Services—FAA Format(Rev 2-19) Attachment 1A—FAA Detailed Scope of Work Page 2 ATTACHMENT 1B- Fee Breakdown PROJECT TITLE: Yakima Air Terminal-McAllister Field Terminal Reconstruction Project AIP 3-53-0089-052-2022 CLIENT: City of Yakima,WA JOB NUMBER: 45-21-026 DATE: August 13,2021 i i 1 1 Inc.Fee Estimate(Environmental-Termin i Project Environmental Senior Enviromental TASK TASK Manager Lead Biologist Specialist Designer Clerical Trips TOTAL DIRECT NO PROJECT TASK $56.00 $65.00 $54.00 $32.00 $37.00 $20.00 HRS COSTS 1 Project Management 10 2 0 0 0 6 0 0 0 0 18 $810.00 2 Project Scope Development&Formulation 1 2 2 8 2 0 0 0 0 15 $624.00 3 Prepare Cost Proposal 2 4 2 8 2 0 0 0 0 18 $810.00 4 Assist with Record of Negotiations 1 2 0 2 0 0 0 0 0 5 $250.00 Sub-Total Design 14 10 4 18 4 6 0 0 0 0 56 $2,494.00 LABOR: Labor 14 10 4 18 4 6 0 0 0 0 56 $2,494.00 Direct Overhead 166.43% $4,150.76 Fixed Fee 15.0% $996.71 Total Labor+Overhead+Fixed Fee I $7,641.48 Cost Air Ground Trip EXPENSES: Per Unit Trips Trips Days Hours Miles Markup Air Travel $600.00 0 1.0 $0.00 Mileage $0.560 0 0 1.0 $0.00 Per Diem $55.00 0 1.0 $0.00 Lodging $150.00 0 1.0 $0.00 GPS Survey Unit $31.33 0 1.0 $0.00 Printing $0.00 1.0 $0.00 SUBCONSULTANTS: 1 Cultural Resource Survey $5,000 1.0 $5,000.00 2 $0 1.0 $0.00 3 $0 1.0 $0.00 Subtotal-Labor+Overhead+Fixed Fee $7,641.48 Subtotal-Expenses $0.00 Subtotal-Subconsultants $5,000.00 Total-Project Design Fees $12,640.00 Environmental Terminal 8_12_2021 Page 1 B-1 4 \*' . .-- '',1 . i 7 3 t .,:. r . , , , • , 6 i ii, 4 .iii, •,..„ . ,1 ,, 4 , 1 g 01.1` 40. air; \. 7, •. 1 , . J. ,, i'• • _ :-,:', -.:•1 • 1— • 4 i , 1 , . . -, - i ii • . -If i 1 1 _ [ ? y - AIR FARE WAY • Y11y w.. . ii -\ , .--....;,41-5...4 - . 1111 il . 4Y +i�►ca_ a e•hlle 41 - 0 40 80 " I a 1 r. r � �, i I' I .�'I II.. /I, , J I I SCALE IN FEET 1 (— w' . A. ,�" r nIII p Ppn LARLHHILI • 1 :4 d• .... —,� 9oagq Oa i . - za- • 1141i j . N ._: ,. ,...,, . 11...-. ....., F.__ I L T _. _ _ _ _ �` ., O • • [----_ �, 1 3 0 yAKI.m A ! . . , _ . ...., .,...... I .. . . ... . � PROJECT AREA WAS-INGtoN' 1-1 1 i 0 0. '" < ,,,,.,,.I, i ;.L,,,,...„,,ti,L,::-..„-j, 1 Y 0 p •U E2 LEGEND AREA OF POTENTIAL EFFECT BOUNDARY E L, v� <Vp a ±3 AC 8 z i a _ ��£x ," w w g VICINITY MAP a NOT TO SCALE 3 E Z U m� aai¢ 1 Z w m U FILE: 45-21-026-002_APE LAST UPDATED:9/1/2021 REUSE OFATUTORYS J-U-B ENGINEERS, INC. JUB E O SOF RETAIN DRAWINGS, LAW,SAMESHALLNOTBEREUSED RESERVEDJ-U-BS DRAWN 45-21-026-002 YAKIMA AIR TERMINAL- McCALLISTER FIELD SHEET NUMBER. d U RIGHTS OF THESE DRAWINGS,AND THE SAME SHALL NOT BE REUSED WITHOUT J-U-B'S DRAWN BY: SDN m PRIOR WRITTEN CONSENT.ANY REUSE WITHOUT WRITTEN CONSENT BY J-U-B WILL BE F LY,ar W.422 Riverside Ave. YAKIMA, WASH I NGTON ¢� AT CLIENT'S SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO J-U-B. DESIGN BY: ### o'" REVISION Suite 304 1J-u-B I CHECKED BY:### / Spokane,WA 99201 TERMINAL RECONSTRUCTION PROJECT 1 J-U-B ENGINEERS,INC. H ONE INCH AT FULL SIZE,IF NOT ONE AREA OF POTENTIAL EFFECT o Phone:509.458.3727 INCH,SCALE ACCORDINGLY 2 o NO. DESCRIPTION BY APR. DATE www.jub.com Attachment 1 C Study Area 30 (jug J•U•B ENGINEERS, INC. J-U-B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Attachment 2 —Special Provisions Client Name: City of Yakima, Yakima Air Project: Environmental Review Main Terminal Terminal - McAllister Field Building A.I.P. # 3-53-0089-052-2022 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 Environmental Review Terminal Building 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 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 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 J-U-B FAA Agreement for Professional Services YAKIMA Attachment 2—Special Provisions-FAA(REV 4/2/19) Page 2-1 31 (jug J•U•B ENGINEERS, INC. 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.O5D, "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 (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. J-U-B FAA Agreement for Professional Services YAKIMA Attachment 2—Special Provisions-FAA(REV 4/2/19) Page 2-2 32 (J'V� .J U•B ENGINEERS, INC. 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 33 AGREEMENT FOR PROFESSIONAL SERVICES(FAA FORMAT) Environmental Review Taxilane Charlie Extension, A.I.P. 3-53-0089-052-2022 Yakima Air Terminal - McAllister Field, Yakima,WA THIS AGREEMENT is effective as of the day of , 2021 by and between, City of Yakima, 129 N. Second St. Yakima, WA 98901 hereinafter referred to as the CLIENT, and J-U-B ENGINEERS, Inc., W. 422 Riverside, Suite 304, Spokane, Washington, 99201, an Idaho Corporation, hereinafter referred to as J-U-B. WHEREAS, the CLIENT intends to: have an environmental review for the Taxilane Charlie Extension project hereinafter referred to as the "Project". The services to be performed by J-U-B are hereinafter referred to as the "Services". WITNESSETH Now, therefore, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set for below: ARTICLE 1 J-U-B'S SERVICES 1.01 BASIC SERVICES J-U-B will perform the Services described in Attachment 1 - Scope of Services, Basis of Fee, and Schedule in a manner consistent with the applicable standard of care. J-U-B's services shall be limited to those expressly set forth therein, and J-U-B shall have no other obligations, duties, or responsibilities for the Project except as provided in this Agreement. 1.02 SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said Services in accordance with the schedule described in Attachment 1 Scope of 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 CLIENT, J-U-B agrees to furnish, or obtain from others, additional professional services in connection with the PROJECT, as set forth below and as otherwise contained within this Agreement: A. Provide other services not otherwise provided for in this Agreement, including services normally furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES. B. Provide services as an expert witness for the CLIENT in connection with litigation or other proceedings involving the PROJECT. C. Assist or extend services as a result of strikes, walkouts, or other labor disputes, including acts relating to settlement of minority group problems. D. Mitigation work identified in the environmental review. Agreement For Professional Services—FAA Format 0320(92u2021 1 27 00 PM) Page 1 FAA Agreement_2019 34 ARTICLE 2 CLIENTS RESPONSIBILITIES 2.01 CLIENTS 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. I. Promptly prepare and submit reimbursement requests to funding agencies. J. Compensate J-U-B for services promptly rendered under this AGREEMENT. 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. Partial payment shall be made for the services performed as the work under this AGREEMENT progresses. Such payment is to be made monthly based on the itemized statements, invoices, or other 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 to the 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 Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 2 FAA Agreement_2019 35 completed work under this AGREEMENT. The CLIENT shall make full payment of the value of such documented monthly service as verified on the monthly statement. 3.02 ADDITIONAL COMPENSATION In addition to any and all compensation hereinabove, the CLIENT shall compensate J-U-B for Additional Services, Section 1.03, under a written Authorization for Additional Services executed by both Parties that specifically describes the additional work and the cost associated therewith. These additional services are to be performed or furnished by J-U-B only upon receiving said written authorization from the CLIENT. 3.03 COMPENSATION ADJUSTMENT CLIENT agrees to provide J-U-B a notice to proceed with Services within 120 days of the effective date of this Agreement identified in Attachment 1. If the notice to proceed with Services is delayed beyond 120 days from the effective date of this Agreement, or service described will not be completed during the term of this Agreement through no fault of J-U-B, the Agreement shall be amended through mutual negotiation to address both schedule and pricing impacts of the delay. CLIENT understands that any pricing increase may not be grant fundable by FAA. 3.04 ADDITIONAL CONDITIONS OF COMPENSATION The CLIENT and J-U-B further agree that: A. J-U-B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment in full within thirty (30) days after receipt of J-U-B's statement, the amounts due J-U-B will accrue interest at the rate of 1% per month from said thirtieth day or at the maximum interest rate allowed by law, whichever is less. B. If the CLIENT fails to make monthly payments due J-U-B, J-U-B may, after giving ten (10) days written notice to the CLIENT, suspend services under this Agreement. ARTICLE 4 GENERAL PROVISIONS 4.01 OWNERSHIP OF DOCUMENTS Upon the request of the CLIENT, J-U-B shall furnish the CLIENT copies of all maps, plots, drawings, estimate sheets, and other contract documents required for the PROJECT provided J-U-B has been paid in full for the work. Upon the request of the CLIENT and the completion of the work specified herein, all material documents acquired or produced by J-U-B in conjunction with the preparation of the plans shall be delivered to and become the property of the CLIENT providing no future use of said documents or portions thereof shall be made by the CLIENT with J-U-B's name or that of J-U-B ENGINEERS, Inc., attached thereto. Final submittal of J-U-B's work product shall be in hard-copy format and no electronic design files will be submitted as part of the PROJECT, unless expressly requested. Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B for the specific purpose intended by the reuse, will be at CLIENT's sole risk and without liability or legal exposure to J-U-B. The CLIENT shall release, defend, indemnify, and hold J-U-B harmless from any claims, damages, actions or causes of action, losses, and expenses, including reasonable attorneys' and expert fees, arising out of or resulting from such reuse. 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. Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 3 FAA Agreement_2019 36 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. 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, WA. Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 4 FAA Agreement_2019 37 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 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. Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 5 FAA Agreement_2019 38 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: 1. Perform the services within the time specified in this contract or by CLIENT approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, J-U-B must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, J-U-B Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 6 FAA Agreement_2019 39 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. If, after finalization of the termination action, the CLIENT determines J-U-B was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the CLIENT issued the termination for the convenience of the CLIENT. b) Termination by Consultant: J-U-B may terminate this Agreement in whole or in part, if the CLIENT: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to J-U-B in accordance with the terms of this Agreement; 3. Suspends the Project for more than 120 days due to reasons beyond the control of J-U-B. Upon receipt of a notice of termination from J-U-B, CLIENT agrees to cooperate with J-U-B for the purpose of terminating the agreement or portion thereof, by mutual consent. If CLIENT and J-U-B cannot reach mutual agreement on the termination settlement, J-U-B may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the CLIENT's breach of the contract. In the event of termination due to CLIENT breach, the Engineer is entitled to invoice CLIENT and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by J-U-B through the effective date of termination action. CLIENT agrees to hold J-U-B harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 5.03 CERTIFICATIONS OF J-U-B AND CLIENT A. The CLIENT and J-U-B hereby certify that J-U-B has not been required, directly or indirectly, as an expressed or implied condition in connection with obtaining or carrying out this contract, to: 1. employ or retain, or agree to employ or retain, any firm or persons; or 2. pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind. B. A signed "Certificate for Contracts, Grants, Loans, and Cooperative Agreements" is included with this agreement. 5.04 TAX DELINQUENCY AND FELONY CONVICTIONS J-U-B certifies, by submission of this proposal or acceptance of this contract, that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. J-U-B further represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 7 FAA Agreement_2019 40 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. 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 Requlations. 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, lncludinq 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: Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 8 FAA Agreement_2019 41 • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 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 Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 9 FAA Agreement_2019 42 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. 5.09 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES(49 CFR Part 20,Appendix A) A. No Federal appropriated funds shall be paid, by or on behalf of J-U-B, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal grant, contract, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal contract, loan, grant, or cooperative agreement, J-U-B shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. J-U-B shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 5.10 EQUAL OPPORTUNITY CLAUSE During the performance of this contract, J-U-B agrees as follows: (1) J-U-B will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. J-U-B will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. J-U-B agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) J-U-B will, in all solicitations or advertisements for employees placed by or on behalf of J-U-B, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) J-U-B will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of J-U-B's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) J-U-B will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) J-U-B will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of J-U-B's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and J-U-B may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 10 FAA Agreement_2019 43 Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) J-U-B will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted 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. Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 11 FAA Agreement_2019 44 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 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. Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 12 FAA Agreement_2019 45 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. 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, Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 13 FAA Agreement_2019 46 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. 5.24 AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY 1. J-U-B's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for J-U-B's aggregate workforce in each trade on all construction work in the covered area, are as follows: 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. 3. 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. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Washington State, Yakima County, City of Yakima. Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 14 FAA Agreement_2019 47 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 ATTEST BY: Name: Name: Title: Title: J-U-B: J-U-B ENGINEERS, Inc. ATTEST By: Name: Toby er, P.E. Name: 1541-4.3 Title: Aviation Services Group Manager Title: iAlfC ® 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 ® Attachment 1A—Detailed Scope of this Work Agreement are indicated ® Attachment 1 B—Fee Breakdown as marked ® Attachment 2—Special Provisions ❑ Exhibit A—Construction Phase Services 0 Agreement For Professional Services—FAA Format 0320(9/17/2021 8:48:00AM) Page 15 FAA Agreement_2019 48 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, 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: Date: Sponsor's Authorized Representative Title: Agreement For Professional Services—FAA Format 0320(9r17r2021 919:00 AM) Page 16 FAA Agreement_2019 Last updated by Wendy Givens Soloman on Apr 22,202I at II:27AM J-U-B ENGINEERS,INC. _L I_SAM,GOV® J-U-B ENGINEERS, INC. 49 DUNS Unique Entity ID SAM Unique Entity ID CAGE/NCAGE 078408341 WU2TGK7D3J49 OKJYO Purpose of Registration Expiration Date Registration Status All Awards Apr 22,2022 Active Physical Address Mailing Address 2760 W Excursion LN STE 400 2760 W Excursion Lane Meridian,Idaho 83642-5313 Suite 400 United States Meridian,Idaho 83642 United States Doing Business as Division Name Division Number J-U-B J-u-b Engineers,Inc. (blank) Congressional District State/Country of Incorporation URL Idaho 01 Idaho/United States www.jub.com Registration Dates Activation Date Submission Date Initial Registration Date May 12,2021 Apr 22,2021 Jan 15,2002 Entity Dates Entity Start Date Fiscal Year End Close Date Jan 1,1954 Dec 31 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation Registrants in the System for Award Management(SAM)respond to the Executive Compensation questions in accordance with Section 6202 of P.L.110-252,amending the Federal Funding Accountability and Transparency Act(P.L.109-282).This information is not displayed in SAM.It is sent to USAspending.gov for display in association with an eligible award.Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management(SAM)respond to proceedings questions in accordance with FAR 52.209-7,FAR 52.209-9,or 2.C.F.R.200 Appendix XII.Their responses are not displayed in SAM.They are sent to FAPIIS.gov for display as applicable.Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions. .uthorizati I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes T Business Types Entity Structure Entity Type Organization Factors Corporate Entity(Not Tax Exempt) Business or Organization (blank) Profit Structure For Profit Organization Accepts Credit Card Payments Debt Subject To Offset Yes No https://sam.gov/entity/07840834I/coreData?status=Active Pagel oft Last updated by Wendy Givens Soloman on Apr 22,2021 at 11:27 AM J-U-B ENGINEERS,INC. 13 If1 c q Electronic Business 2760 W Excursion Lane Laurel Fritz,Corporate Accountant Suite 400 50 Meridian,Idaho 83642 United States Government Business 2760 W Excursion Lane Timothy J Haener, President/CEO Suite 400 Meridian,Idaho 83642 United States Clyde J Hurst, Project Manager 400 Memorial Drive Idaho Falls,Idaho 83402 United States Service Classifications NAICS Codes Primary NAICS Codes NAICS Title Yes 541330 Engineering Services 221310 Water Supply And Irrigation Systems 221320 Sewage Treatment Facilities 236220 Commercial And Institutional Building Construction 237110 Water And Sewer Line And Related Structures Construction 237210 Land Subdivision 237310 Highway,Street,And Bridge Construction 237990 Other Heavy And Civil Engineering Construction 541320 Landscape Architectural Services 541370 Surveying And Mapping(Except Geophysical)Services 541618 Other Management Consulting Services 541620 Environmental Consulting Services 541820 Public Relations Agencies 562910 Remediation Services 925120 Administration Of Urban Planning And Community And Rural Development *isaster Response Yes,this entity appears in the disaster response registry. States Counties Metropolitan Statistical Areas Idaho (blank) (blank) Utah Washington https://so.m.gov/e.,t,•t7'/078408341/coreDato?stotus=.Active Page 2 of2 1JLSAM*GOV Entity Information Search Results 0 Total Results Filter by: 51 Keyword Status Transect Active Sep 16,2021 09:29:30 PM GMT 1 1JLSAM*GOV Entity Information Search Results 0 Total Results Filter by: 52 Keyword Location Status Gorman Zip Code:99218 Active Sep 16,2021 09:42:51 PM GMT 1 53 (JI J•U•8 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: Environmental Review Taxilane Charlie Extension AIRPORT NAME: Yakima Air Terminal - McAllister Field CLIENT: City of Yakima A.I.P. NUMBER: 3-53-0089-052-2022 J-U-B PROJECT NUMBER: 45-20-026 CLIENT PROJECT NUMBER: ATTACHMENT TO: 0 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 3-53-089-052-2022 includes an environmental evaluation for the following work: • Taxilane Charlie Extension demolition and modification of hangars, extension of existing utilities (water, sewer, and power) and construction of taxilanes to server future hangar development. The proposed project area is approximately 17 acres. A detailed Scope of Services is provided in Attachment 1 A—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: 1. Environmental Review Taxilane Charlie Extension.The CLIENT shall compensate J-U-B on the basis of a lump sum amount of Twenty Two Thousand Seven Hundred Seventy Dollars and No Cents ($22,770.00). See Attachment 1 B for a detailed cost breakdown. PART 3 -SCHEDULE OF SERVICES J-U-B will perform all services according to the following schedule: We anticipate field work to be completed in October 2021 with report development to be completed by March 2022. Draft report submittal by end of December 2021. This Agreement shall be in effect from October 5, 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 mccting your project schedule commitments as delineated above. As our response to the CO VID-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 Agreement For Professional Services—FAA Format Attachment 1 —FAA Scope of Services, Schedule,and Basis of Fee(Rev. 051220) Page 1-1 54 be subject to quarantine or other interruptions. Since CO VID-19 impacts are beyond J-U-B's 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 CO VID-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 Exhibit(s): • Attachment 1A-Detailed Scope of Work • Attachment 1 B-Fee Breakdown • Attachment 1 C-Study Area For internal J-U-B use only: PROJECT LOCATION (STATE): Washington TYPE OF WORK: Choose an item. R&D: No GROUP: Airport PROJECT DESCRIPTION(S): Airport (A05) Environmental (E09) Agreement For Professional Services—FAA Format Attachment 1 —FAA Scope of Services, Schedule, and Basis of Fee(Rev. 051220) Page 1-2 55 (JI J•U•8 ENGINEERS,INC. J-U-B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT) Attachment 1A—Detailed Scope of Work PROJECT NAME: Environmental Review Taxilane Charlie Extension AIRPORT NAME: Yakima Air Terminal - McAllister Field CLIENT: City of Yakima A.I.P. NUMBER: 3-53-0089-052-2022 J-U-B PROJECT NUMBER: 45-21-021 CLIENT PROJECT NUMBER: ATTACHMENT TO: 0 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: PART 1 -PROJECT UNDERSTANDING 1) Cultural Resource Survey 2) Biological Report. 3) Water Resource Assessment. 4) Field Visit. The Proposed Project elements, herein referred to as the"PROJECT,"are illustrated on the attached Study Area Exhibit. The study area limits encompass a total of+17 acres.This Environmental Review will address the aforementioned proposed project action elements consistent with the Airport Layout Plan (ALP). 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. Conduct an Environmental Review to determine existing environmental conditions contained within the defined Study Area. The enclosed Attachment illustrates the anticipated Study Area,which encompasses approximately±17 acres. The Environmental Review will be developed in accordance with Federal Aviation Administration(FAA) Order 5050.4B and 1050.1F, as amended. The preparation of the environmental review will consist of the following tasks: 1. Project Management—J-U-B will perform coordination with project team, the Owner, the FAA and other applicable agencies. This Scope of Services assumes coordination with FAA staff for their review and approval of the environmental document. Prepare monthly invoices for work completed during the period invoiced. Provide a summary of the work completed during the invoice period. Work Task: • Monthly Invoices and Coordination meetings (6) 2. Resource Evaluation — Conduct a site survey, environmental resource analysis and describe the existing conditions of the project area consistent with FAA Order 1050.1F Environmental Agreement for Professional Services—FAA Format(Rev 2-19) Attachment 1A—FAA Detailed Scope of Work Page 1 56 Impacts: Policies and Procedures. J-U-B will obtain relevant data from local, state and federal agencies to identify potential impacts from the proposed action. Resources that will be evaluated include: air quality, compatible land use, farmlands, floodplains, visual impacts, noise, socioeconomic resources, transportation biological resources, invasive species, recreational resources and cultural resources. A qualified wetland specialist will perform a water resource assessment to determine if any jurisdictional waterways no wetlands are located in the project area. A qualified archaeologist and architectural historian (subconsultant)will prepare a cultural resource survey for the proposed project area. Deliverables: • Baseline resource data • Biological evaluation • Water resource assessment including a wetland delineation report • Cultural resource survey 3. Prepare Draft Environmental Document — J-U-B will prepare a draft environmental document commensurate with an FAA Documented Categorial Exclusion including the completion of the FAA Documented Cat Ex Form. Prepare supporting documentation and attachments for the environmental document. Process the draft environmental document for submittal to the project sponsor and FAA review Deliverables: • Draft Environmental Document 4. Prepare Final Environmental Document—Revise the final environmental document to respond to agency comments and submit the final document to FAA for signature. The final environmental document will be submitted to the project sponsor. Deliverables: • Final Environmental Document PART 3 -ASSUMPTIONS AND EXCEPTIONS A. List of Assumption and Exceptions here • No Phase I Environmental Site Assessment (ESA) • No formal or informal consultation with United States Fish Wildlife Services(USFWS) • No public involvement Agreement for Professional Services—FAA Format(Rev 2-19) Attachment 1A—FAA Detailed Scope of Work Page 2 ATTACHMENT 1B- Fee Breakdown PROJECT TITLE: Yakima Air Terminal-McAllister Field Taxilane Charlie Extension Project AIP 3-53-0089-052-2022 CLIENT: City of Yakima,WA JOB NUMBER: 45-21-026 DATE: August 13,2021 11 d I Project Environmental Senior Enviromental TASK TASK Manager Lead Biologist Specialist Designer Clerical Trips TOTAL DIRECT NO PROJECT TASK $56.00 $65.00 $54.00 $32.00 $37.00 $20.00 HRS COSTS i 1 Project Management 12 2 0 0 0 6 0 0 0 1 20 $922.00 2 Resource Evaluation 1 2 40 24 6 0 0 0 0 1 73 $3,336.00 3 Prepare Draft Environmental Document 2 4 2 14 4 0 0 0 0 26 $1,076.00 4 Prepare Final Environmental Document 1 2 0 4 0 0 0 0 0 7 $314.00 Sub-Total Design 16 10 42 42 10 6 0 0 0 2 126 $5,648.00 LABOR: 'Labor 16 10 42 42 10 6 0 0 0 2 126 $5,648.00 Direct Overhead 166.43% $9,399.97 Fixed Fee 15.0% $2,257.19 Total Labor+Overhead+Fixed Fee 1 $17,305.16 Cost Air Ground Trip EXPENSES: Per Unit Trips Trips Days Hours Miles Markup Air Travel $600.00 0 1.0 $0.00 Mileage $0.560 2 414 1.0 $463.68 Per Diem $55.00 0 1.0 $0.00 Lodging $150.00 0 1.0 $0.00 GPS Survey Unit $31.33 0 1.0 $0.00 Printing $0.00 1.0 $0.00 SUBCONSULTANTS: I Cultural Resource Survey $5,000 1.0 $5,000.00 2 $0 1.0 $0.00 3 $0 1.0 $0.00 Subtotal-Labor+Overhead+Fixed Fee $17,305.16 Subtotal-Expenses $463.68 Subtotal-Subconsultants $5,000.00 Total-Project Design Fees $22,770.00 Environmental Taxiway 8_12_2021 Page 1 B-1 • r r• 'r "°>t Y:F 'i., r,.'.'" =r -' ""54 s ry "tom+:t �.1 f, ; ; y „ 4-�, F, �.. t m. 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VICINITY MAP a NOT TO SCALE 3 4, w t U m� aai 1 Z W m U FILE: 45-21-026-001 APE LAST UPDATED:9/1/2021 REUSE OF DRAWINGS J-U-B ENGINEERS, INC. 3 O J-U-B SHALL RETAIN ALL COMMON LAW,STATUTORY,COPYRIGHT AND OTHER RESERVED JUBPROJ.#:45-21-026-002 YAKIMA AIR TERMINAL- McCALLISTER FIELD SHEET NUMBER. d U RIGHTS OF THESE DRAWINGS,AND THE SAME SHALL NOT BE REUSED WITHOUT J-U-B'S DRAWN BY: SDN m PRIOR WRITTEN CONSENT.ANY REUSE WITHOUT WRITTEN CONSENT BY J-U-B WILL BE F LV W.422 Riverside Ave. YAKIMA, WASH I NGTON 5 AT CLIENT'S SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO J-U-B. DESIGN BY: ### o," REVISION Suite 304 ��-�-� CHECKED BY:### / Spokane,WA 99201 TAXILANE CHARLIE EXTENSION PROJECT 1 tm J-U-B ENGINEERS,INC. ONE INCH AT FULL SIZE,IF NOT ONE AREA OF POTENTIAL EFFECT o Phone:509.458.3727 NCH,SCALE ACCORDINGLY Attachment 1 C Study Area a o NO. DESCRIPTION BY APR. DATE www.jub.com 59 (jug J•U•B ENGINEERS, INC. J-U-B ENGINEERS, Inc. FAA AGREEMENT FOR PROFESSIONAL SERVICES Attachment 2 —Special Provisions Client Name: City of Yakima, Yakima Air Project: Environmental Review Taxilane Charlie Terminal - McAllister Field Extension A.I.P. # 3-53-0089-052-2022 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 Environmental Review Taxilane Charlie Extension 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 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 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 J-U-B FAA Agreement for Professional Services YAKIMA Attachment 2—Special Provisions-FAA(REV 4/2/19) Page 2-1 60 (jug J•U•B ENGINEERS, INC. 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.O5D, "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 (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. J-U-B FAA Agreement for Professional Services YAKIMA Attachment 2—Special Provisions-FAA(REV 4/2/19) Page 2-2 61 (J'V� .J U•B ENGINEERS, INC. 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