HomeMy WebLinkAboutYakima Air Terminal - Construction Projects Under Airport Improvement Program ENGINEERING SERVICES AGREEMENT
FOR
CONSTRUCTION PROJECTS UNDER AIRPORT IMPROVEMENT PROGRAM
Stormwater Pollution Prevention Plan
PFC Application No. 34
This AGREEMENT, made this / day of .41, 2014, by and between Yakima Air
Terminal, 2406 West Washington Avenue, Suite 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. The Yakima Air Terminal is required to submit a Stormwater Pollution Prevention
Plan (SWPPP) according to the requirements of the State of Washington
Department of Ecology Industrial Stormwater General Permit.
2. A DRAFT SWPPP dated April 2014 was prepared by the City of Yakima Surface
Water Division on behalf of the Yakima Air Terminal. The DRAFT SWPPP was
submitted to the Washington Department of Ecology (Ecology) for review and
comment, and Ecology provided review comments.
3. Professional engineering services are required to update and complete the
Yakima Air Terminal Stormwater Pollution Prevention Plan (SWPPP) to comply
with the requirements of the State of Washington Department of Ecology
Industrial Stormwater General Permit, and to address the following Ecology
review comments:
a. Update the SWPPP using the Ecology model template;
b. Provide additional detail specific to Yakima Air Terminal rather than
general stormwater pollution prevention;
c. Include a Good Housekeeping Policy;
d. Include a detailed Sampling Plan;
e. Include a more detailed Training Plan;
f. Update site drawings to include flow direction arrows on stormwater
piping and delineate drainage basin boundaries.
4. Submit the updated SWPPP to Ecology by January 1, 2015, as stipulated in the
"Water Quality Program Corrective Action Requirements" issued by Ecology on
November 20, 2014.
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 and 2015 calendar years.
G: \Contracts 8 Task Orders \Yakima Air Terminal \SWPPP Update Professional Services Agreement doc Page 1
A. PROFESSIONAL ENGINEERING SERVICES
1. Meet with the OWNER and the City of Yakima Surface Water Division to review
the OWNER's existing stormwater drainage system, and the April 2014 DRAFT
SWPPP. Obtain electronic versions of the DRAFT SWPPP (Microsoft Word
format), CADD drawing files (AutoCAD format), and other documents identified
during the meeting.
•
2. Review the information available for the existing stormwater drainage system at
the Yakima Air Terminal including, but not necessarily limited to, the April 2014
SWPPP, maps, CADD drawings, sampling plan, training plan, and good
housekeeping policy /practices.
3. Using the electronic file developed by the City of Yakima Surface Water
Division for the April 2014 SWPPP, incorporate the information into the Ecology
model template for the Industrial SWPPP. Provide additional detail as
requested by Ecology and identified in the model template.
4. Update site drawings to include flow direction arrows on stormwater piping and
delineate drainage basin boundaries. Make other corrections and add features
as required to make the stormwater drainage system mapping up to date.
5. Work with Yakima Air Terminal personnel to develop a Good Housekeeping
Policy to be incorporated into the SWPPP.
6. Work with Yakima Air Terminal personnel to develop a detailed stormwater
Sampling Plan to be incorporated into the SWPPP. Consider the stormwater
sampling Ecology has required of other Yakima Air Terminal tenants to take
advantage of possible joint sampling efforts, reduce duplicate sampling, and
minimize sampling and testing costs.
7. Work with Yakima Air Terminal personnel to develop a more detailed
stormwater management Training Plan to be incorporated into the SWPPP.
8. Prepare an updated DRAFT SWPPP for OWNER review and comment.
9. Incorporate OWNER review comments into updated DRAFT SWPPP and
submit to Ecology for 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 10 percent.
The fee for services set forth in Section I.A. shall not exceed Twenty Thousand
Dollars ($20,000.00) without the specific written consent of the City to any additional
costs or charges.
G: \Contracts & Task Orders \Yakima Air Terminal \SWPPP Update Professional Services Agreement doc Page 2
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 \SWPPP Update Professional Services Agreement.doc Page 3
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 the
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 \SWPPP Update Professional Services Agreement doc Page 4
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 & Task Orders \Yakima Air Terminal \SWPPP Update Professional Services Agreement.doc Page 5
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. Buy American Preference. (49 usC § 50101)
3. Civil Rights — General. (49 usC § 47123)
4. Civil Rights — Title VI Assurances.
5. Disadvantaged Business Enterprise. (49 CFR part 26)
6. Federal Fair Labor Standards Act. (29 usC § 201, et seq.)
7. Lobbying and Influencing Federal Employees. (49 CFR part 20, Appendix A)
8. Occupational Safety and Health Act of 1970. (20 CFR part 1910)
9. Right to Inventions. (2 CFR § 200 Appendix ii(F))
10. Termination of Contract. (2 CFR § 200 Appendix ii(B))
11. 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.
G: \Contracts & Task Orders \Yakima Air Terminal \SWPPP Update Professional Services Agreement.doc Page 6
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.
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.
G: \Contracts & Task Orders\Yakima Air Terminal \SWPPP Update Professional Services Agreement doc Page 7
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,
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.
G: \Contracts & Task Orders \Yakima Air Terminal \SWPPP Update Professional Services Agreement.doc Page 8
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
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
G. \Contracts & Task Orders \Yakima Air Terminal \SWPPP Update Professional Services Agreement.doc Page 9
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.
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\SWPPP Update Professional Services Agreement.doc Page 10
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 YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC.
BY: BY: 1 1 / N- �•
•' • . Rou e Jeffrey T. LaGman, resident
TITLE: City Manager
'.
eia
i A
ATTEST: �� ;? --�
r
Sonya Claar Tee Q i , • z
TITLE: Cit Clerk � �� r C/3
t«�
CITY CONTRACT NO: —'0/S
RESOLUTION N0: Ai
G \Contracts 8 Task Orders \Yakima Air Terminal SWPPP Update Professional Services Agreement.doc Page 11
EXHIBIT "A"
Yakima Air Terminal, Stormwater Pollution Prevention Plan
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
Effective June 1, 2014, Through May 31, 2015
Licensed Principal Engineer $179.75 per hour
Licensed Principal Land Surveyor $150.76 per hour
Licensed Professional Engineer $95.68 per hour
Licensed Professional Land Surveyor $92.78 per hour
Project Engineer $114.52 per hour
Contract Administrator $79.73 per hour
CAD Technician $68.13 per hour
Resident Engineer /Inspector $88.72 per hour
Surveyor $88.72 per hour
Engineering Technician $53.64 per hour
Word Processing Technician $64.65 per hour
Vehicle Mileage $0.55 per mile
Global Positioning Survey System Fee $90.00 per hour
All rates include direct salary, 152.11% overhead and 15% profit
G \Contracts & Task Orders \Yakima Air Terminal \SWPPP Update Professional Services Agreement.doc
EXHIBIT "B"
G. \Contracts & Task Orders \Yakima Air Terminal \SWPPP Update Professional Services Agreement 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.
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 8 Task Orders\Yakima Air Terminal \SWPPP Update Professional Services Agreement 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 8 Task Orders \Yakima Air Terminal \SWPPP Update Professional Services Agreement 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 \SWPPP Update Professional Services Agreement doc