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HomeMy WebLinkAboutR-2014-077 Alpha Taxiway Rehabilitation Construction Project Agreement with Huibregtse, Louman Associates, Inc. 3-53-0089-36/37 RESOLUTION NO. R- 2014 -077 A RESOLUTION authorizing the City Manager to execute a Construction Services Agreement with Huibregtse, Louman Associates, Inc. (HLA), in the amount not to exceed $857,736.00 for Construction Services for Alpha Taxiway Rehabilitation Construction Project AIP 3 -53- 0089 - 36/37. WHEREAS, City owns and operates Yakima Air Terminal in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City maintains a roster of consultants whose statements of qualifications represent that they have the expertise necessary to perform the services required by the City; and WHEREAS, the State of Washington requires these services to be performed by a Professional Licensed Engineer; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a Construction Services Agreement with HLA for rehabilitation of Alpha Taxiway. Construction Service Agreement will include construction administration of rehabilitation and widening of Alpha Taxiway measuring approximately 7,600 linear feet (104 foot width), Taxiway connectors Alpha 1 — Alpha 5 and portions of Bravo and Charlie, rehabilitation of existing airfield pavement between the shoulder edge and the non - movement boundary line, replacement of existing incandescent Medium Intensity Taxiway Lighting system with LED lighting and associated regulator, and the replacement of existing Type I airfield guidance signs with Type III LED signs (airfield wide). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached and incorporated Construction Services Agreements with HLA in the amount not to exceed eight hundred fifty - seven thousand seven hundred and thirty -six dollars ($857,736.00), to provide Construction Services for Alpha Taxiway Rehabilitation Construction Project AIP 3 -53- 0089 -36/37 ADOPTED BY THE CITY COUNCIL this 17th day of June, 2014. ATTEST: - Micah Cawle , Mayor ■ • `4 I City Clerk�'o i - * ti5 11 \ �•■�JS? I ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION PROJECTS UNDER AIRPORT IMPROVEMENT PROGRAM Alpha Taxiway Rehabilitation Improvement Project A/P Project No. 3 -53- 0089 -36 This AGREEMENT, made this I 1 day of , 2014, by and between Yakima Air Terminal, 2406 West Washington Avenue, S , Yakima, WA 98903, hereinafter called the "OWNER" and Huibregtse, Louman Associates, Inc., 2803 River Road, Yakima, WA 98902, hereinafter called the "ENGINEER." WITNESSETH, that the OWNER intends to improve the Yakima Air Terminal at Yakima, Washington, consisting of the following items 1. Rehabilitation of Alpha Taxiway, Phases 1 -3 as shown on Figure 1 0 and defined in the contract documents Major work elements include: a. Replacement of the existing asphalt surface to include cross -slope correction and taxiway widening to meet current Federal Aviation Administration (FAA) standards. b. Replacement of the existing medium intensity lighting system including fixtures and conduit. c. Replacement of the existing Type 1 Directional and Stop Hold Signs with LED Type 3 Signs d. Paint all new asphalt paved surfaces with enhanced directional steer markings. I. EMPLOYMENT OF ENGINEER The OWNER hereby employs the ENGINEER and the ENGINEER accepts and agrees to perform the following services for the Project during 2014 calendar year A. CONSTRUCTION SERVICES 1. Assist OWNER with evaluation of FAA funding programs, levels, and timelines in relationship to the Project. 2. With FAA and OWNER concurrence, issue notification of award and monitor contract execution Coordinate with successful contractor (hereinafter called "Contractor"), delivery of contract documents (insurance, bonds, contract, etc.). 3. Attend up to two (2) tenant meetings to inform tenant group of construction progress. G. \Contracts & Task Orders \Yakima Air Terminal\11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 doc Page 1 • 4. Conduct preconstruction conference Prepare and deliver meeting minutes based on preconstruction conference to OWNER, FAA, and Contractor 5. Conduct preconstruction meeting for Paving Quality Class with JS Engineering, Contractor, Materials Testing Firms, ENGINEER staff, and OWNER prior to construction and prepare meeting minutes. 6. Prepare documentation for OWNER and FAA to obtain authorization to issue notice to proceed. Prepare and transmit notice to proceed to Contractor. 7. Attend up to two (2) City of Yakima meetings as necessary to provide project updates. 8. ENGINEER shall prepare and submit to the OWNER and FAA the Construction Management Program prior to beginning construction. 9. The ENGINEER shall ensure the Contractor's quality control and testing is adequate and meets OWNER requirements and FAA guidelines 10 Review the Contractor's quality control procedures and test reports for conformance and provide documentation of acceptance or rejection to OWNER and FAA. 11 The ENGINEER shall provide acceptance sampling and testing through a subconsultant by separate agreement in accordance with FAA specification 401 -5.1. 12 The ENGINEER shall provide assistance and administration for quality assurance testing based on testing performed by subconsultant. 13 Provide construction surveying for the OWNER as follows with a Two -Man Survey Crew: a. Survey control and daily construction and safety area limits. b. Contractor Surveyor Assistance c. Survey points for temporary and final marking locations d Survey points for taxiway lights. e. Survey for installation of directional signs 14. Conduct weekly construction scheduling meetings during construction cycle Complete and distribute meeting minutes (Minimum of one (1) meeting per week for ten (10) weeks) 15 Schedule and attend weekly construction safety meetings. (One (1) meeting per week for ten (10) weeks) 16. Prepare and submit daily and weekly inspection reports in accordance with FAA guidelines. 17. Provide on -site construction observation personnel to include two (2) full -time G. \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc Page 2 resident engineers and one (1) full -time project engineer under the supervision of the ENGINEER, in the implementation of the Project as defined in the construction contract on a daily basis to keep records, notes, plans and maps for use in preparing record drawings for the Project as constructed and to advise the OWNER of deficiencies not corrected by the Contractor. (Fifty (50), 10 -hour working days) The ENGINEER does not guarantee the performance of the Contractor by the ENGINEER'S performance of such construction observation. The ENGINEER'S undertaking hereunder shall not relieve the Contractor of his obligation to perform the work in compliance with the Plans and Specifications in a workmanlike manner; shall not make the ENGINEER an insurer to the Contractor's performance; and shall not impose upon the ENGINEER any obligation to determine the work is performed in a safe manner. 18 The ENGINEER shall facilitate change order requests and field design changes by performing the following a Evaluate change order requests and make recommendation to OWNER. b. Obtain OWNER concurrence on change orders prior to FAA submittal c Prepare and process change orders 19. The ENGINEER shall perform material analysis and provide approval based on the following a. Review and act upon Contractor submittals 20 The ENGINEER shall review Contractor's quantities and provide recommendation to the OWNER for payment requests by performing the following: a. Verify field quantity calculations b. Review and total tonnage slips c. Prepare monthly progress payment requests and submit to OWNER for payment to Contractor. 21. Conduct and document periodic wage rate interviews, and document Contractor payroll certifications 22. Notify the OWNER of any project work which does not conform to the result required in the construction contract, prepare a written report describing any apparent non- conforming project work and make recommendations to the OWNER for its correction and, at the request of the OWNER, have the recommendations implemented by the Contractor 23 Make recommendations to the OWNER on all claims relating to the execution and progress of the construction work. G \Contracts & Task Orders \Yakima Air Terminal \110490 \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc Page 3 24. Conduct a final inspection with the OWNER, FAA, and Contractor. Follow up on any discrepancies found during inspections. 25. Prepare Record Drawings. Record Drawings shall be submitted to the OWNER and FAA in the following format: Six (6) complete sets of blueprints to the OWNER, two (2) sets of prints to the FAA, one (1) set reproducible prints to the OWNER, and one (1) set of disks with AutoCAD format to both the OWNER and FAA. 26. Final reports Prepare and submit the final project report to meet established FAA requirements a. Schedule, attend, and administer final inspection b Prepare a final project report complete with project summary, cost data, testing reports, DBE compliance and certification for submittal and approval to OWNER and the FAA. 27. Assist OWNER in project closeout. Prepare and supply to OWNER documentation necessary to close out project with FAA. 28. Specifically omitted from the ENGINEER'S duties is review of the Contractor's safety precautions, or review of the means, methods, sequences or procedures required for the Contractor to perform the work but not relating to the final or completed Project. The omitted design or review services include, but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations, and any erection methods and temporary bracing. 29 Provided the ENGINEER observes and reviews pursuant to the terms of this contract, the ENGINEER shall not be responsible for the defects or omissions in the work as a result of the Contractor, or any subcontractors, or any of the Contractor's or subcontractors employees, or that of any other person or entities responsible for performing any of the work contained in the construction contract. 30. ENGINEER will comply with all applicable project closeout requirements in Engineering Guidance 2013 -04 dated 12/26/2012 including the submission of the Final Design Report for FAA review and approval II. COMPENSATION FOR ENGINEERING SERVICES The OWNER shall pay the ENGINEER the following fees as complete compensation for all services rendered as herein agreed. A. The OWNER shall pay the ENGINEER for the services as set forth in Section I.A of this Agreement, on a time spent basis at specific hourly rates shown on the attached Exhibit A plus direct non -salary costs including subconsultant fees which shall be marked up by 7 percent. The fee for services set forth in Section I.A is $ 542,647 00. G' \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc Page 4 B. Fee for services over the estimated total will be negotiated and agreed upon between the OWNER and the ENGINEER in writing prior to performance of said services C. ENGINEER will submit monthly invoices on or about the first day of the month for ENGINEER'S Professional Services actually completed during the prior month. OWNER agrees to pay the invoiced amounts within 45 days of receipt of invoice. III. OWNER'S RESPONSIBILITIES A. The OWNER shall make available to the ENGINEER all technical data that is in the OWNER'S possession required by the ENGINEER relating to his work. B The OWNER shall pay for all permits and licenses that may be required by local, state, or federal authorities; and shall secure the necessary land, easements, and rights of way required for the Project. IV. ENGINEER'S RESPONSIBILITIES A. OWNER'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental work or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its work and the project work. OWNER'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. B. In performing work and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of OWNER in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of OWNER by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of OWNER. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold OWNER harmless therefrom. C INDEMNIFICATION: 1. ENGINEER agrees to defend, indemnify, and hold harmless the OWNER, its elected officials, agents, officers, and employees (hereinafter "parties protected ") from (1) claims, demands, liens, lawsuits, administrative and other proceedings, and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses (including legal fees, costs, and disbursements) of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the ENGINEER's performance under this Agreement. In the event that any lien is placed upon the OWNER's property or any of the OWNER's officers, employees or agents as a result of the negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once cause the same to be dissolved and discharged by giving bond or otherwise. G. \Contracts & Task Orders \Yakima Air Terminal\11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc Page 5 2. OWNER agrees to indemnify, defend, and hold the ENGINEER harmless from loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, to the extent caused by the negligence or willful misconduct of the OWNER, its employees, or agents in connection with the Project. 3. If the negligence or willful misconduct of both the ENGINEER and the OWNER (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the OWNER in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion 4. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. D. In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmen's' compensation acts, disability benefit acts, or other employee benefit acts. E It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of Project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. ENGINEER does not assume responsibility for methods or appliances used by a contractor, for a contractor's safety programs or methods, or for compliance by contractors with laws and regulations. OWNER shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name OWNER, the OWNER'S and the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as additional insureds on contractor's insurance policies covering Project, exclusive of insurance for ENGINEER professional liability. F. SUBSURFACE INVESTIGATIONS' In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total Project cost and /or execution. These conditions and cost /execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional care and judgment in such investigations. V. INSURANCE A. At all times during performance of the work, ENGINEER shall secure and maintain in effect insurance to protect the OWNER and ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than that stated below, as applicable The OWNER reserves the right to G. \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 doc Page 6 require higher limits should it deem it necessary in the best interest of the public 1 Commercial General Liability Insurance. Before this Contract is fully executed by the parties, ENGINEER shall provide the OWNER 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 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 OWNER, its elected officials, officers, agents, employees, and volunteers as additional insureds The insured shall not cancel or change the insurance without first giving the OWNER thirty (30) calendar days prior written notice 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. 2. Commercial Automobile Liability Insurance: a. If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, OIC shall provide the OWNER with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000 00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section V.A.1. entitled "Commercial Liability Insurance." c Under either situation described above in Section V.A.2 a. and Section V.A.2.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 Agreement. The policy shall name the OWNER, its elected officials, officers, agents, employees, and volunteers as additional insureds The insured shall not cancel or change the insurance without first giving the OWNER thirty (30) calendar days prior written notice. 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. Statutory workers' compensation and employer's liability insurance as required by State law. 4. Professional Liability Coverage: Before this Agreement is fully executed by the parties, ENGINEER shall provide the OWNER 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. Said G: \Contracts 8 Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc Page 7 policy shall be in effect for the duration of this Agreement. The insured shall not cancel or change the insurance without first giving the OWNER thirty (30) days prior written notice. 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 Agreement. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the OWNER, its officers, employees, agents, and representatives thereunder. The OWNER and the OWNER'S officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insured under such insurance None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the OWNER until thirty (30) days after written notice to the OWNER of such intended cancellation, expiration or change VI. RESERVATIONS AND COMPLIANCE A. The ENGINEER reserves the right to obtain the services of other Consulting Engineers experienced in Airport work to prepare and execute the work which is related to the project within the scope of services and fees contained herein. All subconsultants are subject to the review and approval of the OWNER. The OWNER acknowledges that quality assurance testing, electrical, and pavement specialist subconsultants will be utilized for this Project. B. During the performance of this Agreement, the ENGINEER, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor ") agrees to comply with the following requirements: 1. Access to Records and Reports (2 CFR § 200.326 and 2 CFR § 200 333) 2. Breach of Contract Terms. (2 CFR § 200 Appendix II(A)) 3. Buy American Preference. (49 use § 50101) 4. Civil Rights — General (49 use § 47123) 5. Civil Rights — Title VI Assurances. 6. Clean Air and Water Pollution Control. (2 CFR § 200 Appendix 11(G)) 7. Contract Work hours and Safety Standards Act Requirements. (2 CFR § 200 Appendix 11(E)) 8. Debarment and Suspension (2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility) 9. Disadvantaged Business Enterprise. (49 CFR part 26) 10. Federal Fair Labor Standards Act. (29 usC § 201, et seq.) 11 Lobbying and Influencing Federal Employees. (49 CFR part 20, Appendix A) 12 Occupational Safety and Health Act of 1970. (20 CFR part 1910) 13. Right to Inventions. (2 CFR § 200 Appendix 1I(F)) 14. Termination of Contract. (2 CFR § 200 Appendix 11(8)) 15. Trade Restriction Clause (49 CFR part 30) VII. TERMINATION OF AGREEMENT A. The OWNER may, by written notice, terminate this contract in whole or in part at any time, either for the OWNER's convenience or because of failure to fulfill the G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 doc Page 8 contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the OWNER. B. If the termination is for the convenience of the OWNER, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services C If the termination is due to failure to fulfill the ENGINEER's obligations, the OWNER may take over the work and prosecute the same to completion by contract or otherwise In such case, the ENGINEER is liable to the OWNER for any additional cost occasioned to the Sponsor thereby. D If, after notice of termination for failure to fulfill contract obligations, it is determined that the ENGINEER had not so failed, the termination will be deemed to have been effected for the convenience of the OWNER. In such event, adjustment in the contract price will be made as provided in paragraph B of this clause. E The rights and remedies of the OWNER provided in this clause are in addition to any other rights and remedies provided by law or under this contract. VIII. CERTIFICATION OF ENGINEER The OWNER and the ENGINEER hereby certify that the ENGINEER has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to A. Employ or retain, or agree to employ or retain, any firm or persons B. Pay, or agree to pay, to any firm, person, or organization any fee, contribution, donation, or consideration of any kind. IX. SUCCESSORS AND ASSIGNMENTS A. The OWNER and ENGINEER each bind themselves, their 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. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet, or transfer their interest or obligation hereunder in this Agreement without the written consent of the other. C It is understood by the OWNER and the ENGINEER 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 OWNER and the FAA under a Grant Agreement for the project. Owner approval of this Engineering Services Agreement is conditioned upon and subject to FAA approval. G. \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 doc Page 9 X. TITLE VI ASSURANCES The ENGINEER 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 handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractors from the bid 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. This provision also obligates the tenant/concessionaire /lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon In these cases the provision obligates the party or any transferee for the longer of the following periods A. The period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or B. The period during which the airport sponsor or any transferee retains ownership or possession of the property. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS During the performance of this contract, the ENGINEER, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: A. COMPLIANCE AND REGULATIONS: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B NON - DISCRIMINATION. The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, 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 the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin D. INFORMATION AND REPORTS. The Contractor 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, G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc Page 10 and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information E. SANCTIONS FOR NONCOMPLIANCE: In the event of a contractor's noncompliance with the Non - discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to • 1. Withholding payments to the Contractor under the contract until the Contractor complies; and /or 2 Cancelling, terminating, or suspending a contract, in whole or in part. F. INCORPORATION OF PROVISIONS. The Contractor will include the provisions of paragraphs A through F from this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor ") agrees to comply with the following non - discrimination statutes and authorities, including but not limited to A. 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), B. 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); C 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), D. 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; E. The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); F. 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); G. 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 G' \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc Page 11 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), H 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; I. The Federal Aviation Administration's Non - discrimination statute (49 U S C § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures 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; K. 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); L. 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) XI. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES A. POLICY: It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. B. MBE OBLIGATION. The Contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT - assisted contracts. G \Contracts & Task Orders \Yakima Air Terminal \11049C1ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc Page 12 XII. LITIGATION FEES AND EXPENSES In the event suit or action be instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or action, in both trial and appellate court. Since the FAA is not a party to this Agreement, it cannot be held liable for actions under this section. XIII. GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. Venue shall be in Yakima County. IN WITNESS WHEREOF, the OWNER and the ENGINEER hereto have made and executed this Agreement the day and year first above written. OWNER: ENGINEER. CITY OF YA IMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. BY: g)` BY Tony 0 ourke Jeffrey T.Loum , President TITLE. City Manager ATTEST Sonya Claar� TITLE: Cit Clerk'" CITY CONTRACT �' j RESOLUTION NO: `" 4 I 'D 77 G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 doc Page 13 EXHIBIT "A" Yakima Air Terminal, Alpha Taxiway Rehabilitation SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. Effective June 1, 2014, Through May 31, 2015 Licensed Principal Engineer $175 50 per hour Licensed Principal Land Surveyor $147 19 per hour Licensed Professional Engineer $93.41 per hour Licensed Professional Land Surveyor $90 58 per hour Project Engineer $111 81 per hour Contract Administrator $77 84 per hour CAD Technician $66 52 per hour Resident Engineer /Inspector $86 62 per hour Surveyor $86 62 per hour Engineering Technician $52.37 per hour Word Processing Technician $63 12 per hour Vehicle Mileage $0 55 per mile Global Positioning Survey System Fee $90 00 per hour All rates include direct salary, 146 14% overhead and 15% profit G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc EXHIBIT "B" a \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36.doc ACCESS TO RECORDS AND REPORTS The ENGINEER must maintain an acceptable cost accounting system The ENGINEER agrees to provide the OWNER, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The ENGINEER 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. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the ENGINEER or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree. 1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 2 To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S C 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 3 That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities, 4 To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1 Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked G' \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages In the event of any violation of the clause set forth in paragraph (1) above, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR) By submitting a bid /proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS) The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction," must 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. The successful bidder will accomplish this by 1 Checking the System for Award Management at website http. / /www sam gov G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 doc 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 tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§ 26 13) - The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor 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. Prompt Payment ( §26 29) - The prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime Contractor receives from the sponsor. The prime Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor'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 sponsor This clause applies to both DBE and non -DBE subcontractors. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities Requirement Federal Agency with Enforcement Responsibilities Federal Fair Labor Standards Act (29 USC 201) U S Department of Labor — Wage and Hour Division LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The bidder or offeror certifies by signing and submitting this bid or proposal, 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 bidder or offeror, 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 contract, grant, loan, or cooperative agreement. G \Contracts & Task Orders \Yakima Air Terminal\11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc 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 Form to Report Lobbying," in accordance with its instructions 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. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation The Contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Occupational Safety and Health Act of 1970 (20 CFR U S Department of Labor — Occupational Safety and Part 1910) Health Administration RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA and the OWNER of the Federal grant under which this contract is executed TRADE RESTRICTION CLAUSE The Contractor or subcontractor, by submission of an offer and /or execution of a contract, certifies that it: 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 published by the Office of the United States Trade Representative (USTR); 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 on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; C. Has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 .doc 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 contractor or subcontractor who is unable to certify to the above If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts The Contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. 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 contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 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. BUY AMERICAN CERTIFICATION The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP- funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25 108, or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must submit the appropriate Buy America certification (below) with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. G \Contracts & Task Orders \Yakima Air Terminal\11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 36 doc 4. N ' W littek E S -, y 0 1,000 2,000 �" 4111 ar � w ""- ® WORK LIMITS sr . _ . . , _ . ,\ N.. % I l i, / r : / T �� .ice-'• • W �'�O ® L "' lww_"".. t , c 1. E m 1 L 1______ j ./ - -,--- 1 '' ,.,..r\,./— , "- .,.�� ;Y mow. 41 •( 1 J ... 1 (-‘,.=._. _ __A I ,/ f ---.. LI --ri - i C —� U _ Bol North 39thAvenue ALPHA TAXIWAY REHABILITATION, PHASES 1 -3 H.LA Yalama,WA98902 for, YAKIMA AIR TERMINAL 509.966.7000 Huibregtse, L of man Associates, Inc. Fax 509.965.3800 AIP 3 -53- 0089 -36 Civil Engineering* Land Surveying *planning www.hlacivil.com FIGURE 1.0 • ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION PROJECTS UNDER AIRPORT IMPROVEMENT PROGRAM Alpha Taxiway Rehabilitation Improvement Project AIP Project No. 3 -53- 0089 -37 This AGREEMENT, made this I — 1 day of , 2014, by and between Yakima Air Terminal, 2406 West Washington Avenue, Sui a B, Yakima, WA 98903, hereinafter called the "OWNER" and Huibregtse, Louman Associates, Inc., 2803 River Road, Yakima, WA 98902, hereinafter called the "ENGINEER." WITNESSETH, that the OWNER intends to improve the Yakima Air Terminal at Yakima, Washington, consisting of the following items: 1. Rehabilitation of Alpha Taxiway, Phases 4 -5 as shown on Figure 1 0 and defined in the contract documents. Major work elements include a Replacement of the existing asphalt surface to include cross -slope correction and taxiway widening to meet current Federal Aviation Administration (FAA) standards b Replacement of the existing medium intensity lighting system including fixtures and conduit. c. Replacement of the existing Type 1 Directional and Stop Hold Signs with LED Type 3 Signs. d. Paint all new asphalt paved surfaces with enhanced directional steer markings 2 Replace the remaining airfield Directional and Stop Hold Signs not included in Task 1 above or under Phases 1 -3 and defined as Phase 6. Task includes replacement of up to 25 Signs. 3. Phase 7 will replace pavement markings as shown on Figure 2 0 to meet FAA standards I. EMPLOYMENT OF ENGINEER The OWNER hereby employs the ENGINEER and the ENGINEER accepts and agrees to perform the following services for the Project during 2014 calendar year A. CONSTRUCTION SERVICES 1 Assist OWNER with evaluation of FAA funding programs, levels, and timelines in relationship to the Project. G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc Page 1 2. Attend up to two (2) tenant meetings to inform tenant group of construction progress. 3. The ENGINEER shall ensure the Contractor's quality control and testing is adequate, and meets OWNER requirements and FAA guidelines 4. Review the Contractor's quality control procedures and test reports for conformance, and provide documentation of acceptance or rejection to OWNER and FAA. 5. The ENGINEER shall provide acceptance sampling and testing through a subconsultant by separate agreement in accordance with FAA specification 401 -5.1. Subconsultants to be reimbursed under AIP 3 -53- 0089 -36. 6 The ENGINEER shall provide assistance and administration for quality assurance testing based on testing performed by subconsultant. 7. Provide construction surveying for the OWNER as follows. a. Survey control and daily construction and safety area limits b Contractor Surveyor Assistance. c. Survey points for temporary and final marking locations d. Survey points for taxiway lights. e. Survey for installation of directional and Hold -Short signs. 8. Conduct weekly construction scheduling meetings during construction cycle. Complete and distribute meeting minutes. (Minimum of one (1) meeting per week for fifteen (15) weeks) 9 Schedule and attend weekly construction safety meetings (One (1) meeting per week for fifteen (15) weeks) 10. Prepare and submit daily and weekly inspection reports in accordance with FAA guidelines 11 Provide on -site construction observation personnel to include two (2) full -time resident engineers and one (1) full -time project engineer under the supervision of the ENGINEER, in the implementation of the Project as defined in the construction contract on a daily basis to keep records, notes, plans and maps for use in preparing record drawings for the Project as constructed and to advise the OWNER of deficiencies not corrected by the Contractor. (Seventy - five (75), 10 -hour working days) The ENGINEER does not guarantee the performance of the Contractor by the ENGINEER'S performance of such construction observation. The ENGINEER'S undertaking hereunder shall not relieve the Contractor of his obligation to perform the work in compliance with the Plans and Specifications in a workmanlike manner; shall not make the ENGINEER an insurer to the Contractor's performance, and shall not impose upon the ENGINEER any obligation to determine the work is performed in a safe manner. G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 doc Page 2 Subconsultant on -site construction observation to be reimbursed under AIP 3- 53- 0089 -36. 12 The ENGINEER shall facilitate change order requests and field design changes by performing the following' a Evaluate change order requests and make recommendation to OWNER. b. Obtain OWNER concurrence on change orders prior to FAA submittal. c. Prepare and process change orders. 13 The ENGINEER shall perform material analysis and provide approval based on the following a. Review and act upon Contractor submittals 14. The ENGINEER shall review Contractor's quantities and provide recommendation to the OWNER for payment requests by performing the following. a Verify field quantity calculations b Review and total tonnage slips. c. Prepare monthly progress payment requests and submit to OWNER for payment to Contractor 15. Conduct and document periodic wage rate interviews, and document Contractor payroll certifications 16. Notify the OWNER of any project work which does not conform to the result required in the construction contract, prepare a written report describing any apparent non - conforming project work and make recommendations to the OWNER for its correction and, at the request of the OWNER, have the recommendations implemented by the Contractor. 17 Make recommendations to the OWNER on all claims relating to the execution and progress of the construction work. 18. Conduct a final inspection with the OWNER, FAA, and Contractor. Follow up on any discrepancies found during inspections 19 Prepare Record Drawings Record Drawings shall be submitted to the OWNER and FAA in the following format: Six (6) complete sets of blueprints to the OWNER, two (2) sets of prints to the FAA, one (1) set reproducible prints to the OWNER, and one (1) set of disks with AutoCAD format to both the OWNER and FAA. 20 Final reports: Prepare and submit the final project report to meet established FAA requirements G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc Page 3 a Schedule, attend, and administer final inspection b. Prepare a final project report complete with project summary, cost data, testing reports, DBE compliance and certification for submittal and approval to OWNER and the FAA. 21 Assist OWNER in project closeout. Prepare and supply to OWNER documentation necessary to close out project with FAA. 22. Specifically omitted from the ENGINEER'S duties is review of the Contractor's safety precautions, or review of the means, methods, sequences or procedures required for the Contractor to perform the work but not relating to the final or completed Project. The omitted design or review services include, but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations, and any erection methods and temporary bracing 23 Provided the ENGINEER observes and reviews pursuant to the terms of this contract, the ENGINEER shall not be responsible for the defects or omissions in the work as a result of the Contractor, or any subcontractors, or any of the Contractor's or subcontractors employees, or that of any other person or entities responsible for performing any of the work contained in the construction contract. 24. ENGINEER will comply with all applicable project closeout requirements in Engineering Guidance 2013 -04 dated 12/26/2012 including the submission of the Final Design Report for FAA review and approval. II. COMPENSATION FOR ENGINEERING SERVICES The OWNER shall pay the ENGINEER the following fees as complete compensation for all services rendered as herein agreed A. The OWNER shall pay the ENGINEER for the services as set forth in Section I.A of this Agreement, on a time spent basis at specific hourly rates shown on the attached Exhibit A plus direct non -salary costs including subconsultant fees which shall be marked up by 7 percent. The fee for services set forth in Section I.A is $315,089.00. B. Fee for services over the estimated total will be negotiated and agreed upon between the OWNER and the ENGINEER in writing prior to performance of said services. C. ENGINEER will submit monthly invoices on or about the first day of the month for ENGINEER'S Professional Services actually completed during the prior month. OWNER agrees to pay the invoiced amounts within 45 days of receipt of invoice III. OWNER'S RESPONSIBILITIES A. The OWNER shall make available to the ENGINEER all technical data that is in the OWNER'S possession required by the ENGINEER relating to his work. G' \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 doc Page 4 B The OWNER shall pay for all permits and licenses that may be required by local, state, or federal authorities; and shall secure the necessary land, easements, and rights of way required for the Project. IV. ENGINEER'S RESPONSIBILITIES A. OWNER'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental work or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its work and the project work. OWNER'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. B. In performing work and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of OWNER in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of OWNER by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of OWNER. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold OWNER harmless therefrom C INDEMNIFICATION: 1 ENGINEER agrees to defend, indemnify, and hold harmless the OWNER, its elected officials, agents, officers, and employees (hereinafter "parties protected ") from (1) claims, demands, liens, lawsuits, administrative and other proceedings, and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses (including legal fees, costs, and disbursements) of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the ENGINEER's performance under this Agreement. In the event that any lien is placed upon the OWNER's property or any of the OWNER's officers, employees or agents as a result of the negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once cause the same to be dissolved and discharged by giving bond or otherwise. 2. OWNER agrees to indemnify, defend, and hold the ENGINEER harmless from loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, to the extent caused by the negligence or willful misconduct of the OWNER, its employees, or agents in connection with the Project. 3. If the negligence or willful misconduct of both the ENGINEER and the OWNER (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the OWNER in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 doc Page 5 4 Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. D. In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmen's' compensation acts, disability benefit acts, or other employee benefit acts. E It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of Project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor ENGINEER does not assume responsibility for methods or appliances used by a contractor, for a contractor's safety programs or methods, or for compliance by contractors with laws and regulations OWNER shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name OWNER, the OWNER'S and the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as additional insureds on contractor's insurance policies covering Project, exclusive of insurance for ENGINEER professional liability F. SUBSURFACE INVESTIGATIONS. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total Project cost and /or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional care and judgment in such investigations V. INSURANCE A. At all times during performance of the work, ENGINEER shall secure and maintain in effect insurance to protect the OWNER and ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The OWNER reserves the right to require higher limits should it deem it necessary in the best interest of the public. 1. Commercial General Liability Insurance Before this Contract is fully executed by the parties, ENGINEER shall provide the OWNER 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. 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 OWNER, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc Page 6 without first giving the OWNER thirty (30) calendar days prior written notice. 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. 2. Commercial Automobile Liability Insurance a If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, OIC shall provide the OWNER with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section V.A.1. entitled "Commercial Liability Insurance." c. Under either situation described above in Section V.A.2.a. and Section V.A.2 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 Agreement. The policy shall name the OWNER, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the OWNER thirty (30) calendar days prior written notice 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. Statutory workers' compensation and employer's liability insurance as required by State law. 4 Professional Liability Coverage: Before this Agreement is fully executed by the parties, ENGINEER shall provide the OWNER 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. Said policy shall be in effect for the duration of this Agreement. The insured shall not cancel or change the insurance without first giving the OWNER thirty (30) days prior written notice. 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 Agreement. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the OWNER, its officers, employees, agents, and representatives thereunder. The OWNER and the OWNER'S officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insured under such insurance None of the policies issued pursuant to the G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 doc Page 7 requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the OWNER until thirty (30) days after written notice to the OWNER of such intended cancellation, expiration or change. VI. RESERVATIONS AND COMPLIANCE A. The ENGINEER reserves the right to obtain the services of other Consulting Engineers experienced in Airport work to prepare and execute the work which is related to the project within the scope of services and fees contained herein. All subconsultants are subject to the review and approval of the OWNER. The OWNER acknowledges that quality assurance testing, electrical, and pavement specialist subconsultants will be utilized for this Project. B During the performance of this Agreement, the ENGINEER, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor ") agrees to comply with the following requirements. 1. Access to Records and Reports (2 CFR § 200 326 and 2 CFR § 200.333) 2 Breach of Contract Terms. (2 CFR § 200 Appendix 11(A)) 3 Buy American Preference (49 use § 50101) 4. Civil Rights — General (49 usC § 47123) 5. Civil Rights — Title VI Assurances. 6. Clean Air and Water Pollution Control. (2 CFR § 200 Appendix 11(G)) 7. Contract Work hours and Safety Standards Act Requirements (2 CFR § 200 Appendix 1I (E)) 8. Debarment and Suspension. (2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility) 9. Disadvantaged Business Enterprise. (49 CFR part 26) 10 Federal Fair Labor Standards Act. (29 use § 201, et seq.) 11. Lobbying and Influencing Federal Employees. (49 CFR part 20, Appendix A) 12. Occupational Safety and Health Act of 1970. (20 CFR part 1910) 13. Right to Inventions (2 CFR § 200 Appendix 11(F)) 14. Termination of Contract. (2 CFR § 200 Appendix II(B)) 15. Trade Restriction Clause (49 CFR part 30) VII. TERMINATION OF AGREEMENT A. The OWNER may, by written notice, terminate this contract in whole or in part at any time, either for the OWNER's convenience or because of failure to fulfill the contract obligations Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the OWNER. B. If the termination is for the convenience of the OWNER, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the ENGINEER's obligations, the OWNER may take over the work and prosecute the same to completion by contract or otherwise. In such case, the ENGINEER is liable to the OWNER for any additional cost occasioned to the Sponsor thereby G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc Page 8 D If, after notice of termination for failure to fulfill contract obligations, it is determined that the ENGINEER had not so failed, the termination will be deemed to have been effected for the convenience of the OWNER. In such event, adjustment in the contract price will be made as provided in paragraph B of this clause. E The rights and remedies of the OWNER provided in this clause are in addition to any other rights and remedies provided by law or under this contract. VIII. CERTIFICATION OF ENGINEER The OWNER and the ENGINEER hereby certify that the ENGINEER has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to. A. Employ or retain, or agree to employ or retain, any firm or persons. B. Pay, or agree to pay, to any firm, person, or organization any fee, contribution, donation, or consideration of any kind. IX. SUCCESSORS AND ASSIGNMENTS A. The OWNER and ENGINEER each bind themselves, their 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. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet, or transfer their interest or obligation hereunder in this Agreement without the written consent of the other. C It is understood by the OWNER and the ENGINEER 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 OWNER and the FAA under a Grant Agreement for the project. Owner approval of this Engineering Services Agreement is conditioned upon and subject to FAA approval X. TITLE VI ASSURANCES The ENGINEER 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 handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractors from the bid 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. This provision also obligates the tenant/concessionaire /lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of G: \Contracts & Task Orders \Yakima Air Terminal\11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 doc Page 9 personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: A. The period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or B. The period during which the airport sponsor or any transferee retains ownership or possession of the property COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS During the performance of this contract, the ENGINEER, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: A. COMPLIANCE AND REGULATIONS. The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. NON - DISCRIMINATION: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, 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 the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. D INFORMATION AND REPORTS: The Contractor 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 sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE. In the event of a contractor's noncompliance with the Non - discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to 1. Withholding payments to the Contractor under the contract until the Contractor complies, and /or G' \Contracts & Task OrdersWakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc Page 10 2. Cancelling, terminating, or suspending a contract, in whole or in part. F INCORPORATION OF PROVISIONS: The Contractor will include the provisions of paragraphs A through F from this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor ") agrees to comply with the following non - discrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U S.0 § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); B. 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); C. 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), D 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; E. The Age Discrimination Act of 1975, as amended, (42 U.S.0 § 6101 et seq.), (prohibits discrimination on the basis of age), F 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); G 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); H. 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; I. The Federal Aviation Administration's Non - discrimination statute (49 U S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex), G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 doc Page 11 J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures 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; K. 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); L. 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). XI. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES A. POLICY: It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. B. MBE OBLIGATION: The Contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT - assisted contracts. XII. LITIGATION FEES AND EXPENSES In the event suit or action be instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or action, in both trial and appellate court. Since the FAA is not a party to this Agreement, it cannot be held liable for actions under this section. G. \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc Page 12 XIII. GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. Venue shall be in Yakima County. IN WITNESS WHEREOF, the OWNER and the ENGINEER hereto have made and executed this Agreement the day and year first above written. OWNER: ENGINEER. CITY OF Y�° KIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. 4 - re �r.I 11 BY' y-e `o -ke Jeffrey T. Youm , President TITLE: Cit Ma a• er ATTEST. / i Sonya Claar Tee `r # s yll TITLE. Cit Clerk ; '� .: #��! L' CITY CONTRAC i N O1 -/' ! � RESOLUTION NO aU q � 7 7 11� y G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 doc Page 13 EXHIBIT "A" Yakima Air Terminal, Alpha Taxiway Rehabilitation SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. Effective June 1, 2014, Through May 31, 2015 Licensed Principal Engineer $175.50 per hour Licensed Principal Land Surveyor $147 19 per hour Licensed Professional Engineer $93 41 per hour Licensed Professional Land Surveyor $90 58 per hour Project Engineer $111 81 per hour Contract Administrator $77 84 per hour CAD Technician $66 52 per hour Resident Engineer /Inspector $86 62 per hour Surveyor $86 62 per hour Engineering Technician $52 37 per hour Word Processing Technician $63 12 per hour Vehicle Mileage $0 55 per mile Global Positioning Survey System Fee $90 00 per hour All rates include direct salary, 146 14% overhead and 15% profit G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 doc EXHIBIT "B" G: \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 doc ACCESS TO RECORDS AND REPORTS The ENGINEER must maintain an acceptable cost accounting system The ENGINEER agrees to provide the OWNER, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions The ENGINEER 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. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the ENGINEER or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree. 1 That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 2 To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U S C. 1857 et seq and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 3 That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; 4. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4 Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR) By submitting a bid /proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS) The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction," must 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. The successful bidder will accomplish this by 1 Checking the System for Award Management at website http: / /www sam gov G: \Contracts & Task Orders \Yakima Air Terminal \11049C\ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc 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 tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§ 26.13) - The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor 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. Prompt Payment ( §26.29) - The prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime Contractor receives from the sponsor The prime Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor'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 sponsor. This clause applies to both DBE and non -DBE subcontractors. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Federal Fair Labor Standards Act (29 USC 201) U S Department of Labor — Wage and Hour Division LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The bidder or offeror certifies by signing and submitting this bid or proposal, 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 bidder or offeror, 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 contract, grant, loan, or cooperative agreement. G. \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc 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 Form to Report Lobbying," in accordance with its instructions 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. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Occupational Safety and Health Act of 1970 (20 CFR U S Department of Labor — Occupational Safety and Part 1910) Health Administration RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA and the OWNER of the Federal grant under which this contract is executed. TRADE RESTRICTION CLAUSE The Contractor or subcontractor, by submission of an offer and /or execution of a contract, certifies that it: 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 published by the Office of the United States Trade Representative (USTR), 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 on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; C Has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. 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 contractor or subcontractor G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts The Contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous The Contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. 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 contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 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. BUY AMERICAN CERTIFICATION The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP- funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25 108, or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must submit the appropriate Buy America certification (below) with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive G \Contracts & Task Orders \Yakima Air Terminal \11049C \ENGINEERING CONSTRUCTION SERVICES AGREEMENT -AIP 37 .doc N W E S 0 1,000 2,000 mommow t i " *( :"'sue a-- - WORK LIMITS \!` Sy 4 ' - , `0 1 'aim! ."" II IL - 1.- ,A ., ri g ' .4 t :, .,..____,.. _ /1' _ D r id„. 1 _ 4 .1-n,.. e , , ..,, '5 / --'''''''''''.....%\-- r . •�► • 11 \.. ,____...._,.....•_....._ _ ,._..., �- It .......... 1 ii ,,\., -_____________:_____ 000 ,,,__,..- \..,_,_, .s,,-, 1 4 „, ,, ti® 4.,,,,,,,„:„ ,, -___. —, ,_. -\. ., ...... , , ,,\ , \,__________-_ ../.......... r —fi ` •,,. s ...,.."%.,0=''''''''' ---.,. ;[1] c—jr-Pi 7 u --NN- -- • 8 olNorth39thAvenue ALPHA TAXIWAY REHABILITATION, PHASES 4 -5 HLA Yakima 9th o2 for, YAKIMA AIR TERMINAL 509.966.7000 . Huibregtse, Lowman Associates, Inc. Fax 509.965.3800 AI P 3 -53- 0089 -37 Civil Engineering. Land Surveying* Planning www.hlacivil.com FIGURE 1.0 4• S • N I , . 4 E ate% —� , i; ` A * a .f .e IP - ::r.:. 4 _ • r �� �_ w(:` hA ,), AVENUE f4 - f 4 / 41111111 t ■ IL \\\ \ --- �\� ... - • s 1 .. _ --\\ .F / ,Na1 - .. • - 4 . ; I i - 1 s 10 laiii4lir e I I z KEYNOTES 4 _ _ . ` . ~ 0 UPDATE SURFACE PAINTED HOLDING POSITION MARKING HEIGHT . - PER AC 150/5340 -11_ ...__ 0 ADD NEW SURFACE PAINTED HOLDING POSITION MARKING � \ PER AC 150/5340 -FL. .. 0 EXTEND HOLD UNE PER AC 150/5340 -1L i ® UPDATE BLAST PAU MARKING PER AC 150/5340 -1L. / / • � .. j t A_ '� OS ADD TAXILANE EDGE MARKING PER AC 150/5340 -1L. - - © UPDATE LS HOLDING POSITION MARKING PER AC 150/5340 -IL. -. - j+ '' a yn 7O REPAINT CLOSURE MARKINGS PER AC 150/5340 -1L. -' '' Q8 REPAINT RUNWAY 9/27 EDGE LINES PER AC 150/5340 -1L , - JOB NUMBER: DATE. SHEET s HLA 803RIVerRoad Yakima, WA 98902 11049 DS -12 -14 YAKIMA AIR TERMINAL FILE NAMES: 509.966.7000 DRAWING: VICINITY NAP.dNg TAXIWAY REHABILITATION . Huibregtse, Lowman Associates, Inc. Fax 509.965.380o OF Civil En •neerin •LandSury n •Plannin WWW.61aeuvd:nm DESIGN FIGURE 2.0 g g g REVISION DATE ENTERED BY: TJR F x .11 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.C. For Meeting of: June 17, 2014 ITEM TITLE: Resolution authorizing Construction Services Agreement with Huibregtse, Louman Associates, Inc. and the Yakima Air Terminal for Alpha Taxiway Rehabilitation Project. SUBMITTED BY: Robert K. Peterson, Airport Manager 509 - 575 -6149 SUMMARY EXPLANATION: In 2013 the Yakima Airport entered into an engineering service agreement with Huibregtse, Louman Associates, Inc. to design the Alpha Taxiway Rehabilitation project. Design services have been completed and the Project is out for advertisement where the Airport plans to open bids on June 19, 2014. The attached construction services agreement is for HLA to provide construction administration services for the Alpha Taxiway Rehabilitation project. The major project components are as follows: • Rehabilitation and widening of Alpha Taxiway which measures approximately 7,600 linear feet (104 feet wide), taxiway connectors A1-A5 and portions of Bravo and Charlie Taxiways, • Rehabilitation of existing airfield pavement between the shoulder edge and the non - movement boundary line, • Replacement of existing incandescent Medium Intensity Taxiway Lighting system with LED lighting, including replacement of associated regulator, and • Replacement of existing Type I airfield guidance signs with Type III LED signs. The Alpha Taxiway Rehabilitation project and this construction service agreement are eligible for funding under the Airport Improvement Program. Construction funding totaling approximately $11,000,000, has been secured through the Federal Aviation Administration, the Passenger Facility Program, and WSDOT Aviation of which this construction services agreement was included in the above noted construction funding under Resolution: R -2013- 099. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: June 17, 2014 End Date: Until Completed Item Budgeted: Yes Amount: $857,736.00 Funding Source /Fiscal Airport Improvement Program, Passenger Facilities Impact: Charge, and Washington State Department of Transportation - Aviation Division. Strategic Priority: Public Safety Insurance Required? Yes Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Staff recommends City Manager and City Council review and approve the Construction Services Agreement in order to facilitate and coordinate construction activities of Yakima Airport's Alpha Taxiway Rehabilitation project. ATTACHMENTS: Description Upload Date Type ❑ Resolution 6/9/2014 Resolution ❑ Construction Services Agreement AIP 36 6/9/2014 Contract ❑ Construction Services Agreement AIP 37 6/9/2014 Contract ❑ Figure 1.0 6/9/2014 Exhibit PROJE T • VERVI EW 1 III l N ,... .........,„,,„....., 4 � r _... .... -7i - ' VIZ I- - : 1,. , ::, I , • • • „: + �. #., ''� ''•� ! y 4 � -`'� -'- _. • r . OP y L. R Ir�'� // 2 1 SCHEDULE A .1:.''-' r i �� r w j ••..* A a I , ! 1 SCHEDULE 8 _ J IS .:� <. 0.:i' ir• . • K:, a .� 3N '� � . � r ‘l. A,,� M1.. 1 -IIo�^9 J it - • _ 1 �• - WAY . ' ` - t x k. SXI� _� �• Sie •' • 04. 7 74.x4 . ' LAr $ ###111 w 3 M f / :7 rte ,4 `/ fir- .,. - J � n t -i _ . 444 ti'p* r y/ • HLA