HomeMy WebLinkAboutR-2023-028 Resolution awarding RFQ 12247Q and authorizing execution of agreement with J-U-B Engineers, Inc., for Architectural, Engineering and Consultant Services at the Yakima Air Terminal McAllister FieldRESOLUTION NO. R-2023-028
A RESOLUTION awarding of RFQ 12247Q and authorizing an agreement with J-U-B
Engineers, Inc., for Architectural, Engineering and Consultant Services.
WHEREAS, the City of Yakima seeks to contract with a qualified engineering firm for
architectural, engineering and consultant services on Airport Grant Projects for Yakima Air
Terminal/McAllister Field ; and
WHEREAS, the awarding firm is to provide professional engineering and construction
management/inspection services; and
WHEREAS, the City of Yakima Purchasing Division issued RFQ 12247Q on November
9, 2022, and Statements of Qualifications were received on December 12, 2022, from interested
firms; and
WHEREAS, an Evaluation Committee was formed and all responsive RFQs were
evaluated by the Evaluation Committee; and
WHEREAS, the Evaluation Committee recommends the Contract Award be made to
J-U-B Engineers Inc., and that the City Manager execute the Agreement; and
WHEREAS, the Scope of Work and Fee Schedule included in this Agreement meet the
needs and requirements of the City of Yakima for this project
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The RFQ is hereby awarded and the City Manager is hereby authorized to execute an
Agreement with J-U-B Engineers Inc., attached hereto and incorporated herein by this
reference, for Architectural, Engineering and Consultant Services.
ADOPTED BY THE CITY COUNCIL this 21st day of February, 2023.
Janice Deccio, Mayor
ATTEST:
MASTER AGREEMENT FOR PROFESSIONAL SERVICES (FAA FORMAT)
RFQ 12247Q ARCHITECTURAL, ENGINEERING, AND PLANNING CONSULTANT SERVICES
Yakima Air Terminal — McAllister Field, Yakima, WA
THIS AGREEMENT is effective as of the a4 day of -Gfi 2023 by and between, City of
Yakima, 129 N. Second St. Yakima, WA 98901 hereinafter referred to as the CLIENT, and J-U-B
ENGINEERS, Inc., W. 422 Riverside, Suite 304, Spokane, Washington, 99201, an Idaho Corporation,
hereinafter referred to as J-U-B
WHEREAS, the CLIENT intends to: Enter into a Master Agreement for Professional Services with J-U-B
to provide engineering and planning services for the City of Yakima and Yakima Air Terminal — McAllister
Field. Individual Task Orders will be developed on a project basis to include a project description, scope
of work and consultant fee schedule. hereinafter referred to as the "Project". The services to be
performed by J-U-B are hereinafter referred to as the "Services".
WITNESSETH
Now, therefore, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set for
below:
ARTICLE 1
J-U-B'S SERVICES
1.01 BASIC SERVICES
J-U-B will perform the Services described in Attachment 1 - Scope of Services, Basis of Fee, and
Schedule in a manner consistent with the applicable standard of care. J-U-B's services shall be limited to
those expressly set forth therein, and J-U-B shall have no other obligations, duties, or responsibilities for
the Project except as provided in this Agreement.
1.02 SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said Services in accordance with the schedule described in Attachment 1 Scope of
Services, Basis of Fee, and Schedule in a manner consistent with the applicable standard of care. This
schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character
or size of the Project as requested by the CLIENT or for delays or other causes beyond J-U-B's control.
1.03 ADDITIONAL SERVICES
When authorized in writing by the CLIENT, J-U-B agrees to furnish, or obtain from others, additional
professional services in connection with the PROJECT, as set forth below and as otherwise contained
within this Agreement:
A. Provide other services not otherwise provided for in this Agreement, including services normally
furnished by the CLIENT as described in Article 2, CLIENT'S RESPONSIBILITIES.
B. Provide services as an expert witness for the CLIENT in connection with litigation or other
proceedings involving the PROJECT.
C. Assist or extend services as a result of strikes, walkouts, or other labor disputes, including acts
relating to settlement of minority group problems.
D. Mitigation work identified in the environmental review.
E. Assist the CLIENT in resolving disputes over claims, bankruptcy, legal complaints or default of the
Contractor.
Agreement For Professional Services — FAA Format 05-22(2/14/20233:32:00 PM) Page 1
FAA Agreement_2023
ARTICLE
CLIENT'S RESPONSIBILITIES
2.01 CLIENT'S RESPONSIBILITIES
The CLIENT shall furnish the following services at the CLIENT'S expense and in such m manner that
J-U-13 may rely upon them in 'the performance of itSservicesunder this AGREEMENT:
A. Dmoignata, in vvriUng, o person authorized to mni as the CLIENT'S contact. The CLIENT or his
designated contact ahoU naoaivm and examine documents submitted by J-U-B to determine
acceptability of said dooumento, interpret and define the CLIENT'S po|idmo, and render decisions
and authorizations in writing promptly to prevent unreasonable delay in the progress ofJ-U'8'o
services.
B. K0mka exoi|ab|a to J'U-B all technical data that is in the CLIENT'S pmaoeooion, including mapo,
surveys, property descriptions, borings, and other information required by J-U-B and relating to its
work.
C. Hold promptly all required special meetingo, nsmm all required public and private nuticem, naoe\vo
and act upon all protests and fulfill all requirements necessary in the development of the PROJECT
and pay all costs incidental thereto.
O. Provide legal, accounting and insurance counseling services necessary for the PROJECT. Legal
noximw of the construction Contract Dooumento, and such writing services as the CLIENT may
require toaccount for the expenditure ofconstruction funds.
E. Furnish permits and approvals from all governmental authorities having jurisdiction over the
PROJECT and from others aomay benecessary for completion ofthe PROJECT.
F. The CLIENT agrees to cooperate with J'U'B in the approval of all p|ano, reports and xdudiao, and
shall make a timely decision in order that no undue expense will be caused J-U-13 because of lack
of decisions. If due bochanges ordered by the
`CLIENT after the completion of the p|ana, reports, and studies, .J'U'B shall be
equitably paid for such extra expenses and services involved.
G. Guarantee full and free access, with reasonable advance notice, for J-U-13 to enter upon all property
required for the performance ofJ'U'B'aservices under this AGREEMENT.
H. Give prompt written notice to J-U-13 whenever the CLIENT observes or otherwise becomes aware
of any defect in the PROJECT or other event that may substantially affect J-U-13's performance of
services under this AGREEMENT.
|. Promptly prepare and submit reimbursement requests hmfunding agencies.
J. Compensate J-U-Bfor services promptly rendered under this AGREEMENT.
K. Obtain bids or proposals from contractors for work relating to the PROJECT and bear all costs
relating hoadvertising.
L. When identified in the construction contract documents, provide construction surveys and materials
testing bythe successful contractor.
Agreement For Professional aomweo-F*Aronna 05-22(2/13^02311:05:00mM Page
ARTICLE 3
J-U-B'S COMPENSATION
3.01 BASIC SERVICES COMPENSATION
J-U-B shall provide services in connection with the terms and conditions of this Agreement, and the CLIENT
shall compensate J-U-B therefore as detailed in Attachment 1 — Scope of Services, Basis of Fee and
Schedule.
Partial payment shall be made for the services performed as the work under this AGREEMENT progresses.
Such payment is to be made monthly based on the itemized statements, invoices, or other evidences of
performance furnished to and approved by the CLIENT. All claims for payment will be submitted in a form
compatible with current practices and acceptable to the CLIENT. Partial payments will include payroll costs,
adjusted for payroll burdens, and general and administrative overhead, as well as out-of-pocket expenses,
plus that portion of the fixed fee which its percentage of completion bears to the total cost of the fully
completed work under this AGREEMENT. The CLIENT shall make full payment of the value of such
documented monthly service as verified on the monthly statement.
3.02 ADDITIONAL COMPENSATION
In addition to any and all compensation hereinabove, the CLIENT shall compensate J-U-B for Additional
Services, Section 1.03, under a written Authorization for Additional Services executed by both Parties that
specifically describes the additional work and the cost associated therewith. These additional services are
to be performed or furnished by J-U-B only upon receiving said written authorization from the CLIENT.
3.03 COMPENSATION ADJUSTMENT
CLIENT agrees to provide J-U-B a notice to proceed with Services within 120 days of the effective date of
this Agreement identified in Attachment 1. If the notice to proceed with Services is delayed beyond 120
days from the effective date of this Agreement, or service described will not be completed during the term
of this Agreement through no fault of J-U-B, the Agreement shall be amended through mutual negotiation
to address both schedule and pricing impacts of the delay. CLIENT understands that any pricing increase
may not be grant fundable by FAA.
3.04 ADDITIONAL CONDITIONS OF COMPENSATION
The CLIENT and J-U-B further agree that:
A. J-U-B shall submit monthly statements for Services rendered and for expenses incurred, which
statements are due on presentation. CLIENT shall make prompt monthly payments. If CLIENT fails
to make any payment in full within thirty (30) days after receipt of J-U-B's statement, the amounts
due J-U-B will accrue interest at the rate of 1 % per month from said thirtieth day or at the maximum
interest rate allowed by law, whichever is less.
B. If the CLIENT fails to make monthly payments due J-U-B, J-U-B may, after giving ten (10) days
written notice to the CLIENT, suspend services under this Agreement.
C. When the CLIENT directs that competitive bids be taken for construction on alternate designs,
where this involves the preparation of designs, plans, and specifications for alternate facilities, the
compensation to J-U-B shall be an additional payment to be negotiated at the time the CLIENT
directs that alternative designs, plans, and specifications be prepared, subject to FAA review and
approval.
D. No deductions shall be made from J-U-B's compensation on account of penalty, liquidated
damages, or other sums that may be withheld from payments to Contractors.
Agreement For Professional Services — FAA Format 05-22(2v1y2023 11:05:00AM) Page 3
FAA Agreement_2023
ARTICLE 4
GENERAL PROVISIONS
4.01 OWNERSHIP OFDOCUMENTS
Upon the request of the CL|ENT. J-U'B shall furnish the CLIENT copies of all mapo, p|ots, drmwingo,
aaUmmtmuhmete.andothe/uuntnactdooumentsrmquim:dforthoPROJECJprovidedJ-U'Bhambmenpoid
in full for the work. Upon the request of the CLIENT and the completion of the work specified henmin, all
material documents acquired or produced by J-U-B in conjunction with the preparation of the plans shall be
delivered to and become the property of the CLIENT providing no future use of said documents or portions
thereof oheU be made by the CLIENT with J'U'B'm name or that ofJ'U-8 ENGINEERS, Inc., attached
thereto. Final submittal of J-U-B's work product shall be in hard -copy format and no electronic design files
will besubmitted mopart ofthe PROJECT, unless expressly requested.
Any reuse without written consent by J-U-B, orwithout verification or adoption by J'U'Bfor the specific
purpose intended by the reuee, will be mtCL|ENT'o sole risk and without liability urlegal exposure to
J'U'B.The CLIENT shall release, defend, indemnify, and hold J-U-B harmless from any claims, damages,
octioneoruauoeaofoction.|oaomu.andaxpenaea.inc|udingneaeonob|mattm/neyo'andoxpartfeas.ohsing
out oforresulting from such reuse.
Agreements for Professional Services are public nnoondo which are 0enmnm||y subject to statutory public
disclosure and pub|icxveboihm posting naquiremmnto, and such disclosure will not be considered "reuse
without written consent byJ'U-B^
J-U-B shall retain an ownership interest in PROJECT documents that allows their reuse of non-proprietary
information onsubsequent projects atJ'U'8'osole risk.
4.02 DELEGATION OF DUTIES
Neither the CLIENT norJ'U'B shall delegate, assign, sublet ortransfer their respective duties under *this
Agreement without the prior written consent of the other.
4.03 GENERAL
A. Should litigation occur between the two parties relating to the provisions of this Agreement,court
costs and reasonable attorney fees incurred shall be borne by their own party.
B. Neither party shall hold the other responsible for damage or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other events beyond the reasonable control of the other or
the other's employees and agents.
C. In the event any provisions of this AGREEMENT shall be held to be invalid and unenforceable, the
remaining provisions shall bovalid and binding upon the parties. One (1)ormore waivers byeither
party or any provision, term, condition, or covenant shall not be construed by the other party as a
waiver ofsubsequent breach ofthe same bythe other party.
O. J'U'B ohsU render its ommiomo under this AGREEMENT in 0000ndencm with generally accepted
professional practices and Standard ofCare. J'U'Bmakes noother warranty for the work provided
under this AGREEMENT.
E. CLIENT grants J-U-B and its subsidiaries the unrestricted right to take, use, and publish images,
or edited images, of the project site and workers for J-U-B's purposes including, but not limited to,
wmbnito.intnen*t.and marketing. This right shall survive the termination ofthis Agreement.
F. Any opinion of the estimated construction cost prepared by J'U-B nopnynmnbm its judgment as e
design professional and is supplied for the general guidance of the CLIENT. Since J-U'B has no
control over the coot of labor and materia|, or over competitive bidding or market oonditionm.
J-U-B does not guarantee the accuracy of such opinions as compared to Contractor bids or actual
costs bzthe CLIENT.
Agreement For Professional Services — FAA Format 05-22(2/13/202311:05.*0w" Page
G. Any notice or other communications required or permitted by this contract or by law to be served
on, given to, or delivered to either party hereto by the other party shall be in writing and shall be
deemed duly served, given, or delivered when personally delivered to the party to whom it is
addressed or, in lieu of such personal service, when deposited in the United States mail, certified
mail, return receipt requested, addressed to the CLIENT at 129 N. Second St., Yakima, WA 98901
and to J-U-B at W. 422 Riverside, Suite 304, Spokane, Washington, 99201. Either party, the
CLIENT or J-U-B, may change his address for the purpose of this paragraph by giving written notice
of such change to the other party in the manner provided in this paragraph.
H. In soils investigation work and determining subsurface conditions for the PROJECT, the
characteristics may vary greatly between successive test points and sample intervals. J-U-B will
coordinate this work in accordance with generally accepted engineering practices and makes no
other warranties, expressed or implied, as to the professional advice furnished by others under the
terms of this AGREEMENT.
I. J-U-B has not been retained or compensated to provide design and construction review services
relating to the Contractor's safety precautions or to means, methods, techniques, sequences or
procedures required for the Contractor to perform his work including, but not limited to, aircraft
safety precautions, shoring, scaffolding, underpinning, temporary retainment of excavations, and
any erection methods and temporary bracing
4.04 MEDIATION BEFORE LITIGATION
Any and all disputes arising out of or related to the Agreement, except for the payment of J-U-B's fees, shall
be submitted to nonbinding mediation before a mutually acceptable mediator as a condition precedent to
litigation or other binding adjudicative procedure unless the parties mutually agree otherwise. The CLIENT
further agrees to include a similar mediation provision in all agreements with independent contractors,
consultants, subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for
mediation as the primary method for dispute resolution among all the parties involved in the Project. In the
event the parties are unable to agree on a mediator, said mediator shall be appointed by a court of
competent jurisdiction or, if not possible, the American Arbitration Association. If a dispute relates to, or is
the subject of a lien arising out of J-U-B's Services, J-U-B or its subconsultants may proceed in accordance
with applicable law to comply with the lien notice and filing deadlines prior to submission of the matter by
mediation.
This Contract shall be governed by and interpreted under the laws of the State of Washington. The parties
agree that in the event it becomes necessary to enforce any of the terms and conditions of this Contract
that the forum, venue and jurisdiction in that particular action shall be in Yakima County, WA.
4.05 INSURANCE AND INDEMNITY
A. J-U-B's Insurance. J-U-B agrees to procure and maintain, at its expense, Commercial General
Liability insurance of $1,000,000 combined single limit for personal injury and property damages,
and Professional Liability Insurance of $1,000,000 per claim for protection against claims arising
out of the performance of services under this Contract caused by negligent acts, errors, or
omissions for which J-U-B is legally liable, subject to and limited by the provisions in Subsection
4.05.D, "Allocation of Risks", if any. J-U-B shall deliver to the CLIENT, prior to execution of the
AGREEMENT by the CLIENT and prior to commencing work, Certificates of Insurance, identified
on their face as the Agreement Number to which applicable, as evidence that policies providing
such coverage and limits of insurance are in full force and effect. J-U-B shall acquire and maintain
statutory workmen's compensation coverage. Thirty (30) days advance notice will be given in
writing to the CLIENT prior to the cancellation, termination, or alteration of said policies of
Insurance.
B. Indemnification by J-U-B. To the fullest extent permitted by law, J-U-B shall indemnify and hold
harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and employees
from and against any and all claims, costs, losses, and damages (including but not limited to all
fees and charges of CLIENT, architects, attorneys, and other professionals, and all court,
arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT, provided
Agreement For Professional Services — FAA Format 05-22(2/mm23 11:05:00 AM) Page 5
FAA Agreement_2023
that any such claim cost, loss, or damage is attributable to bodily injury, sickness, disease, or death,
or to injury to or destruction of tangible property (other than the Work itael0, including the loss of
use resulting there from, but only tothe extent caused by any negligent act, omzr, or omission of
.}-1]-8 or J-U'B's offioeno, dinmoto,u, pmrtners, employees, or Consultants. The indemnification
provision of the preceding sentence is subject to and limited by the provisions agreed to by CLIENT
and J'U'BinSubsection 4.U5.O."Allocation ofRioko.^ifany.
C. ,Indemnification bV CLIENT. Tothe fullest extent permitted by |aw. CLIENT shall indemnify and
hold harmless J'U-8. J'U'13'oof5ceno. dinmdone, portneno, aQantn, employees, and Consultants
from and against any and all claims costs, losses, and damages (including but not limited to all fees
and charges ofJ'U'B. anuhitectm, ottorneym, and other profmooiono|a, and all onurt, srbitration, or
other dispute resolution costs) arising out oforrelating to the PROJECT, provided that any such
claim coat. |ooa, or damage is attributable to bodily in]ury, nicknooe, diaeomm, or death or to injury
boordestruction of tangible property (other than the Work itmm|f). including the loss ofuse noau|Ung
there from, but only tothe extent caused by any negligent act, error, or omission of CLIENT or
CL|ENT'o officera, dinuctors, or amp|oymeo, retained by or under contract to the CLIENT with
respect bmthis AGREEMENT orbnthe PROJECT.
D. Allocation of The CLIENT and J'U'B�h�xwdiocuaa�dtherioko.ra�andeandbmn�toofthe
project and the design professional's total fefor services. The risks have been allocated such that
the CLIENT agrees that, buthe fullest extent permitted by law, J-U'B'otota| liability tnthe CLIENT
for any and all injuries, claims, |oomen, mxpaneos, damages or o|mimu expenses arising out of this
agreement from any cause or causes, shall not exceed the total amount of fees paid to J-U-13 under
this Agreement. Such causes ino|ude, but are not limited to J'U'8'm neg|igonom, mnono, omission
and strict liability. Neither CLIENT nor J'U'B shall be responsible for inoidente|, indirect or
consequential damages.
E. J'U'B rammmee the right to obtain the services ofother consulting engineers and consultants
experienced in airport mmrh to prepare and execute m portion of the work that nm|ataa to the
PROJECT.
F. Nothing contained in this agreement shall create a contractual relationship with or a cause of action
infavor ofathird party against J'U'B.
4.06 EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J-U'B and
supersedes all prior negotiations, nepnmoentodonu, or agreements, either written or oral. This Agreement
maybaamsndedon|ybywrittaninxtrummntoignedbybcdhthaCL|ENTondJ'U'B.
4.07 RESPONSIBILITY
Visits bothe construction site and observations made by J'U'B'o staff as part of their services ahm|| not
no|iexa the construction Contractor of his obligation to conduct comprehensive inspection of the work
sufficient to ensure conformance with the intent of the Contract Oooumentm, and shall not relieve the
construnt|onContractor ofhis full ru"p°.=ibi|dyforall Construction n:mm:s.�:�thodn.���hniq:mm.��q:�nceu
and procedures necessary for coordination and completing all portions of the work under the construction
contract and for all safety pnmomuUmna related thereto. Language to this afect, shall be included in
Construction Contract Documents Such visits by J'U-B'u staff are not to be construed as pad of the
observation duties of the on -site observation personnel defined in other parts of this Agreement.
4.08 FUNCTION OFON-SITE OBSERVATION AND PERSONNEL
Ifthe scope of services includes construction engineering, J'U-Bmay berequired to act as the Resident
Project Representative (RPR)onthe PROJECT. When mostipulated, the RPRand on -site observation
personnel will make reasonable efforts hoguard the CLIENT against defects and doficienciaminthe work
of the Contractor and to help determine if the provisions of the Contract Documents are being fulfilled.
When construction engineering ioincluded aoservices ofthis agreement, GtandandEuhibitA-Conotruotion
Phase Gmmiceo, ettachmd, outlines the opmoifio responsibilities of J-U-B, acting as the RpR during
Agreement For Professional Services - FAA Format on-2u(wl3/2m23,,*o00mM Page
construction. Their day-to-day observation will not, however, cause J-U-B to be responsible for those duties
and responsibilities that belong to the construction Contractor and that include, but are not limited to, full
responsibility for the techniques and sequences of construction and the safety precautions related to the
construction and commissioning of the work.
ARTICLE 5
FAA FEDERAL CLAUSES
5.01 SUCCESSORS AND ASSIGNMENTS
A. The CLIENT and J-U-B each binds itself and its partners, successors, executors, administrators
and assigns to the other parties to this Agreement, and to the successors, executors, administrators
and assigns of such other party in respect to all covenants of this Agreement.
B. It is understood by the CLIENT and J-U-B that the FAA is not a party to this Agreement and will not
be responsible for engineering costs except as should be agreed upon by the CLIENT and the FM
under a Grant Agreement for the PROJECT.
C. This Agreement may not be assigned except upon specific prior written consent of the CLIENT.
5.02 TERMINATION
A. TERMINATION FOR CONVENIENCE
The CLIENT may, by written notice to J-U-B, terminate this Agreement for its convenience and
without cause or default on the part of J-U-B. Upon receipt of the notice of termination, except as
explicitly directed by the CLIENT, J-U-B must immediately discontinue all services affected.
Upon termination of the Agreement, J-U-B must deliver to the CLIENT all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents
and materials prepared by J-U-B under this contract, whether complete or partially complete.
CLIENT agrees to make just and equitable compensation to J-U-B for satisfactory work completed
up through the date J-U-B receives the termination notice. Compensation will not include
anticipated profit on non -performed services.
CLIENT further agrees to hold J-U-B harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
B. TERMINATION FOR CAUSE
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations
that are essential to the completion of the work per the terms and conditions of the Agreement. The
party initiating the termination action must allow the breaching party an opportunity to dispute or
cure the breach.
The terminating party must provide the breaching party 7 days advance written notice of its intent
to terminate the Agreement. The notice must specify the nature and extent of the breach, the
conditions necessary to cure the breach, and the effective date of the termination action. The rights
and remedies in this clause are in addition to any other rights and remedies provided by law or
under this agreement.
a) Termination by CLIENT: The CLIENT may terminate this Agreement for cause in whole
or in part, for the failure of J-U-B to:
1. Perform the services within the time specified in this contract or by CLIENT approved
extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
Agreement For Professional Services — FAA Format 05-22(2/13i202311:05:00AM) Page 7
FAA Agreement_2023
3. Fulfill the obligations of the Agreement that are eumonUo| to the completion of the
Project.
Upon receipt of the notice of termination, J-U-B must immediately discontinue all services
affected un|amu the noiium Ji/auia otherwise. Upon termination ofthe Agreement, J'U-B
must deliver to the CLIENT all data, mumeyo, moda|s, dravvingo, opmoificationo, nopoda,
maps, photognsphu, matimahes, oummaheo, and other documents and :nnbaria!oprmpanmd
byJ'U'Bunder this contract, whether complete orpartially complete.
CLIENT agn000 to make just and equitable compensation to J'U-B for satisfactory work
completed upthrough the date J'U'Breceives the termination notice. Compensation will
not include anticipated profit onnon-performed services.
CLIENT further agrees to hold J'U-B harmless for errors oromissions in documents that
are incomplete esaresult ofthe termination action under this clause.
If, after finalization of the termination action, the CLIENT determines J'U'B was not in
default of the Agreement, the rights and obligations of the parties shall be the same as if
the CLIENT issued the termination for the convenience mfthe CLIENT.
b) Termination by Consultant: J'U'8may terminate this Agreement for cause inwhole orin
part, if the CLIENT:
1. Defaults onits obligations under this Agreement;
2. Fails to make payment to J-U-B in accordance with the terms of this Agreement;
3. Suspends the Project for more than 120 days due to reasons beyond the control of
J-U'B.
Upon receipt of a notice of termination from J'U'B. CLIENT agnomo to cooperate with
i-U-B for the purpose of terminating the agreement or portion thereof, by mutual consent.
If CLIENT and J-U-B cannot reach mutual agreement on the termination omb|ement.
J-U'B may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the CLIENT's breach of the contract.
In the event of termination due to CLIENT bnmouh. the Consultant is entitled to invoice
GLIEN I and to receive full payment for all services performed or furnished In accordance
with this Agreement and all justified reimbursable expenses incurred by J-U-B through the
effective date of termination action. CLIENT mgnoms to hold J'U'B harmless for errors or
omissions in documents that are incomplete ama result ofthe termination action under this
6.03 CERTIFICATIONS OF J'U-BAND CLIENT
A` The CLIENT and J-U-B hereby certify that J-U-B has not been required, directly or indirectly, as an
oxpnamomd or implied condition in connection with obtaining or carrying out this contract, to:
1. amp|oyornatsin.oragrastoaI I Ip|oY UrraLs|1 1.onyIII mVrHui sona,or
2. pny, or agree to pay, to any firm, person or organization, any fee, omntribuUon, donation or
consideration ofany kind.
B. Aoigned "Certificate for Contracts, Grants, Loans, and Cooperative Agreements" is included with
this agreement.
5.04 TAX DELINQUENCY AND FELONY CONVICTIONS
J-U-B certifies, by submission of this proposal or acceptance of this contract, that it is not a corporation that
has any unpaid Federal tax liability that has been aooenmed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to
an agreement with the authority responsible for collecting the tax liability.
J'U-B further represents that it is not a corporation that was convicted of criminal violation under any
Federal law within the preceding 24months.
Agreement For Professional aomicvv—Fx*Fonno 05-22(2°3m02311*5:0mw Page
FAAxgmomom-2023
5.05 GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent
statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts
and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including
limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability
be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
5.06 CIVIL RIGHTS TITLE VI - NONDISCRIMINATION REQUIREMENTS
During the performance of this contract, J-U-B, for itself, subconsultants, its assignees and successors in
interest, agrees as follows:
A. Compliance with Regulations. J-U-B will comply with the Title VI List of Pertinent Nondiscrimination
Acts and Authorities as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this contract.
B. Non-discrimination: J-U-B, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, national origin (including limited English proficiency),
creed, sex (including sexual orientation and gender identity), age, or disability in the selection and
retention of subcontractors, including procurements of materials and leases of equipment. J-U-B
will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination
Acts and Authorities, including employment practices when the contract covers any activity, project,
or program set forth in Appendix B of 49 CFR part 21..
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by J-U-B for work to be performed
under a subcontract, including procurements of materials or leases of equipment, each potential
subconsultant or supplier will be notified by J-U-B of J-U-B's obligations under this contract and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
D. Information and Reports, J-U-B will provide all information and reports required by the Acts, the
Regulations and directives issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the CLIENT or
the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities,
and instructions. Where any information required of J-U-B is in the exclusive possession of another
who fails or refuses to furnish this information, J-U-B will so certify to the CLIENT or the FAA, as
appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of J-U-B's noncompliance with the non-discrimination
provisions of this contract, the CLIENT will impose such contract sanctions as it or the FAA, may
determine to be appropriate, including, but not limited to:
1. withholding of payments to J-U-B under the contract until J-U-B complies, and/or
2. cancellation, termination, or suspension of the contract, in whole or in part.
F Incorporation of, Provisions. J-U-B will include the provisions of paragraphs A through E in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, Regulations and directives issued pursuant thereto. J-U-B will take such action with respect
to any subcontract or procurement as the CLIENT or the FAA may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if J-U-B becomes involved
in, or is threatened with, litigation by a subconsultant or supplier as a result of such direction,
J-U-B may request the CLIENT to enter into such litigation to protect the interests of the CLIENT.
In addition, J-U-B may request the United States to enter into such litigation to protect the interests
of the United States.
Agreement For Professional Services — FAA Format 05-22(2m/2023 11:05:00 AM) Page 9
FAA Agreement_2023
5.07 TITLE V1LIST OFPERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this contract, J'U'B for itoelf, its 000ignaos, 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:
Title V| of the Civil Rights Act of 1964 (42 U8C Q 2000d et m*q.. TB otot. 252) (prohibits
discrimination onthe basis ofrace, color, national origin);
° 49 OFR pod 21 (Non-discrimination in Federally -Assisted programs of the Department of
Transportation —Effectuation ofTitle V|ofthe Civil Rights Act of18G4);
a The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §
4601) (prohibits unfair treatment of persons displaced or whose property has been acquired
because ofFederal nrFederal-aid programs and pnojacta);
0 Section 504 of the Rehabilitation Act of 1873 (29 U8C § 794 et ooq.), as amended (prohibits
discrimination on the basis of disability); and 48 CFR part27 (Nondiscrimination on the Basis of
Disability in Programs or Activities Receiving Federal Financial Assistance);
0 The Age Discrimination Act cf1Q75.aoamended (42U8C §G1O1wtaeq.)(prohibits discrimination
onthe basis ofoQm);
" Airport and Airway Improvement Act of 1982 (40 UQC § 47123), as amended (prohibits
discrimination based onrace, creed, color, national origin, oroex);
a The Civil Rights Restoration Act of 1987 (PL 100'259) (broadened the muope, omvanmQe and
applicability of Title V| of the Civil Rights Act of 1064. the Age Discrimination Act of 1975 and
Section SO4 of the Rehabilitation Act of 1973. by expanding the definition of the terms "programs
oractivities" ho include all ofthe programs oractivities ofthe Federal -aid naoipiantn, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
0 Titles || and III mfthe Americans with Disabilities Act of1QQO(43USC§121O1.mtoeq)(prohibit
discrimination on the basis of disability in the operation of public enUUma, public and private
transportation aystema, places of public accommodohon, and certain testing entities) as
implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
~ The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination onthe basis ofrace, color, national origin, and oex);
0 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-income Populations (ensures nondiscrimination against minority populations by
discouraging prognomm, po|icieo, and activities with disproportionately high and adverse human
health orenvironmental effects onminority and low-income popu|mbons);
0 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin dischminotinnino|udeodiaoriminoUon because of
limited English proficiency(LEp). To ensure compliance with Title V1. you must take nomeonob|a
steps to ensure that LEP persons have meaningful access to your programs [70 Fed. RmQ.74O87
(2OO5)];
* TlUm |X of the Education Amendments of 1872, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
5'08 DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part26)J-U'B ohm|| 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 of4S CFRpart 2G inthe award and administration ofDOT-assisted contracts.
Failure by the J-U-B to carry out these requirements is a material breach of this contract, which may result
in the termination of this contract orsuch other remedy as the Sponsor deems oppnopriote, which may
include, but is not limited to: Withholding monthly progress payments and or Assessing sanctions.
Prompt Payment (49 CFR§ 26'29
J-U'B agrees to pay each subcontractor under this prima contract for satisfactory performance of its
contract no later than 30 days from the receipt of each payment the prime contractor nmomivmo from the
Sponsor. Any delay or postponement of payment from the above referenced time frame may occur only for
Agreement For Professional aemwoo—rpArnnno 05-22(21131202311:05.'00mM) puoo10
good cause following written approval of the Sponsor. This clause applies to both DBE and non -DBE
subcontractors.
A. Termination of DBE Subcontracts (49 CFR § 26.53(f);
J-U-B will not terminate a contracted DBE subcontractor without prior written consent of the
Sponsor. This includes, but is not limited to, instances in which J-U-B seeks to perform work
originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non -DBE
firm, or with another DBE firm.
The Sponsor may provide such written consent only if they agree, for reasons stated in the
concurrence document, that the J-U-B has good cause to terminate the DBE firm. For purposes of
this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting its request to terminate and/or substitute a DBE subcontractor, J-U-B must give
notice in writing to the DBE subcontractor, with a copy to the Sponsor, of its intent to request to
terminate and/or substitute, and the reason for the request.
J-U-B must give the DBE five days to respond to the notice and advise of the reasons, if any, why
it objects to the proposed termination of its subcontract and why the Sponsor should not approve
J-U-B's action. If required in a particular case as a matter of public necessity the Sponsor may
provide a response period shorter than five days,
5.09 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49 CFR Part 20, Appendix A)
A. No Federal appropriated funds shall be paid, by or on behalf of J-U-B, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment or modification of any Federal grant, contract, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
any Federal contract, loan, grant, or cooperative agreement, J-U-B shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. J-U-B shall require that the language of this certification be included in the award documents for all
sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
5.10 EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, J-U-B agrees as follows:
(1) J-U-B will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. J-U-B will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. J-U-B agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2) J-U-B will, in all solicitations or advertisements for employees placed by or on behalf of J-U-B, state
that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, , sexual orientation, gender identity, or national origin.
Agreement For Professional Services — FAA Format 05-22(213/202311:05:00Am) Page 11
FAA Agreement_2023
(3)
The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant, This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish
information
(4) will send to each labor union or representative of workers with which it has a collective bargaining
agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the Contractor's commitments under
this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the
notice inconspicuous places available to employees and r employment.
i-U-B will comply with all provisions of Executive Order 11246 of September24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
(6) J-U-B will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by the contracting agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders. '
In the event cfJ'U'E[o noncompliance with the nondiscrimination clauses of this contract or with
any of such ru|ee, regu|*diono, or ondos, this contract may be conoeled, terminated, or suspended
in whole or in part and J'U'B may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 ofSeptember 24. 1865. and
such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246
of September 24. 1965. or by ru|e, nmgu|edion, or order of the Secretary of Lobor, or as otherwise
provided bylaw.
J'U'Bwill include provisions ofparagraphs (1)through (7)|nevery subcontract orpurchase order
un|moo exempted by nu|oo, regu|aUona, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 ofSeptember %4. 1985. so that such provisions will be
binding upon each subcontractor or vendor. J-U'B will take such motion with respect to any
subcontract or purchase order may be directed by the Secretary of Labor as a means of enforcing
such pnuvimionu, including sanctions for noncompliance: Provided, however, That in the event
J'U-8 becomes involved in, or is threatened vv\th. litigation with n subcontractor or vendor as a
result of such direction J-U-B may request the United States to enter into such litigation to protect
the interests ofthe United States.
(5)
(7)
(8)
5L11 ACCESS TO RECORDS AND REPORTS
J-U-B must maintain an acceptable cost accounting system. J-U-B agrees to provide the CLIENT, the FAA,
and the Comptroller General of the United States or any of their duly authorized representatives access to
any books, documents, papers, and records of J-U-B which are directly pertinent to the specific contractfor
the purpose of making audit, examination, excerpts and transcriptions. J-U-B agrees to maintain all books,
records and reports required under this contract for a period of not less than three years after final payment
is made and all pending matters are closed.
5.12 TRADE RESTRICTION CERTIFICATION (49 CFRpart 30)
By submission of an offer, J-U-13 certifies that with respect to this solicitation and any resultant contract, the
Offeror -
Agreement For Professional aemmoo—rAArvnne 05-22(2/13/20211:05:00mM) paoo1u
A. is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States Trade
Representative (U.S.T.R.);
B. has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against U.S.
firms as published by the U.S.T.R; and
C. has not entered into any subcontract for any product to be used on the Federal public works project
that is produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and
the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution
under Title 18, United States Code, Section 1001.
J-U-B must provide immediate written notice to the CLIENT if J-U-B learns that its certification or that of a
subconsultant was erroneous when submitted or has become erroneous by reason of changed
circumstances. J-U-B shall require subconsultants provide immediate written notice to J-U-B if at any time
it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to a subconsultant:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the U.S.T.R. or
2) whose subconsultants are owned or controlled by one or more citizens or nationals of a foreign
country on such U.S.T.R. list or
3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a consultant is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
J-U-B agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for
certification without modification in in all lower tier subcontracts. J-U-B may rely on the certification of a
prospective subconsultant that it is not a firm from a foreign country included on the list of countries that
discriminate against U.S. firms as published by U.S.T.R, unless J-U-B has knowledge that the certification
is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award.
If it is later determined that J-U-B or subconsultant knowingly rendered an erroneous certification, the
Federal Aviation Administration may direct through the CLIENT cancellation of the contract or subcontract
for default at no cost to the CLIENT or the FAA.
5.13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION
J-U-B certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
It further agrees by submitting this proposal that it will include this clause without modification in all lower
tier transactions, solicitations, proposals, contracts, and subcontracts. For each lower tier subcontract that
exceeds $25,000 as a "covered transaction", J-U-B shall verify each lower tier participant of a "covered
transaction" under the project is not presently debarred or otherwise disqualified from participation in this
federally assisted project. J-U-B will accomplish this by:
1) Checking the System for Award Management at website: http://www.sam.gov
Agreement For Professional Services — FAA Format 05-22(v13r2a2311:05:OOAM) Page 13
FAA Agreement_2023
2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension
(Bidder orOferor.above.
3) Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to disclose to m higher tier participant that it
was excluded o,dimqum|ifid m�the time it entered the covered transaction, tho FAA may pursue any
available remedies, including suspension and debarment ofthe non -compliant participant.
5.14 OCCUPATIONAL HEALTH ACT OF1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of
29 CFR Port 1910 with the same forum and effect as if given in full text. J'U-B eho|| provide a work
environment that is hem from recognized hazards that may oeuom death or serious physical harm to the
employee. J-U-13 retains full responsibility to monitor its compliance and their subconsultant's compliance
with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910).
J-U'Bxvi|| address any claims or disputes that pertain to o referenced requirement directly with the U.S.
OeportmentcfLabor-Oncupndinnm|Gmfet and Health Administration.
5.16 FEDERAL FAIR LABOR STANDARDS ACT
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29
CFRport 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in
full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
part time workers.
J'U'B has full responsibility to monitor compliance bothe rahanonoed statute orregulation. J'U'Bei||
address any claims ordisputes that arise from this requirement directly with the U.S. Department ofLabor
-VVageandHourOivioion.
5.16 VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), J-U-B and all
sub -tier consultants must give preference to covered veterans as defined within Title 49 United States Code
Section47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan- Iraq
war veterans, disabled vetmrane, and small business concerns (as defined by 15 U.S.C. 632) owned and
controlled bydisabled veterans. |h|spnohonancmonly applies when there are covered veterans nuedUy
available and qualified boperform the work towhich the employment relates.
5.17 CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS _
J'U'8oedifiao by signing and submitting this bid orproposal that, hothe greatest extent pnaotioab|e. J'U-B
has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States (ino|udinQ, but not limited to, inon, a|uminum, stee|, cement, and other manufactured
products) incompliance with 2CFR§2OO.322
5.18 TEXT|NG WHILE DRIVING.
In m000mdonoe with Executive Order 13513. "Federal Leadership on Reducing Text Messaging VVhi|a
Driving" and DOT Ondar3SO2.10 "Text Messaging While Driving" FAA encourages recipients of Federal
grant funds to adopt and enforce safety policies that decrease crashes by distracted dhvaro, including
policies to ban text messaging while driving when performing work related to a grant or sub -grant.
J-U-B has in place a policy within J-U-B Accident Prevention plan that prohibits all employees from texting
and driving. J-U'B shall include these policies in each third -party subcontract exceeding $10.000that
involves driving a motor vehicle in the performance of work activities associated with the project.
5.19 HUMAN TRAFFICKING
A. J-U-B. J'U-B'e emp|myeeu, and subcontractors may not engage in mmven* forms of trafficking in
persons during the period of time that the FAA award is in afect, procure a commercial sex act
during the period of time that the award is in effect, or use forced labor in the performance of the
award orsub-awards under the award.
Agreement For Professional Services - FAA Format no-2u(2/,a,02,,,*�o AM) P00014
B. For the purpose of this award term, "employee" includes:
1. An individual employed by you or a sub -recipient who is engaged in the performance of the
project or program under this award
2. Another person engaged in the performance of the project or program under this award and
not compensated by you, including, but not limited to, a volunteer or individual whose services
are contributed by a third party as an in -kind contribution toward cost sharing or matching
requirements.
C. For the purposes of this award term only, "forced labor" means labor obtained by any of the
following methods: the recruitment, harboring, transportation, provision, or obtaining of a person
for labor or services through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
D. For the purposes of this award term only, "severe forms of trafficking in persons," "commercial sex
act," and "coercion" have the meanings given at Section 103 of the TVPA, as amended (22 U.S.C.
7102).
5.20 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and
procurement of certain telecommunications and video surveillance services or equipment in compliance
with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)]
5.21 PROHIBITION OF SEGREGATED FACILITIES
(1) J-U-B agrees that it does not and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will not permit its employees to
perform their services at any location under its control where segregated facilities are maintained.
J-U-B agrees that a breach of this clause is a violation of the Equal Opportunity clause in this
contract.
(2) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, restrooms
and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees, that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, or national origin
because of written or oral policies or employee custom. The term does not include separate or
single -user restrooms or necessary dressing or sleeping areas provided to assure privacy
between the sexes.
(3) J-U-B shall include this clause in every subcontract and purchase order that is subject to the Equal
Opportunity clause of this contract.
5.22 BREACH OF CONTRACT TERMS (49 CFR Part 18.36)
Any violation or breach of terms of this contract on the part of J-U-B or its subconsultants may result in the
suspension or termination of this contract or such other action that may be necessary to enforce the rights
of the parties of this agreement.
CLIENT will provide J-U-B written notice that describes the nature of the breach and corrective actions
J-U-B must undertake in order to avoid termination of the contract. CLIENT reserves the right to withhold
payments to Contractor until such time J-U-B corrects the breach or the CLIENT elects to terminate the
contract. The CLIENT's notice will identify a specific date by which J-U-B must correct the breach. CLIENT
may proceed with termination of the contract if J-U-B fails to correct the breach by deadline indicated in the
CLIENT's notice.
The duties and obligations imposed by this Agreement and the rights and remedies available thereunder
are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or
available by law.
Agreement For Professional Services — FAA Format 05-22(2i13/2o23 11:05:00AM) Page 15
FM Agreement_2023
6.23 CLEAN AIR AND WATER POLLUTION CONTROL
J-U-Bagrees to comply with all applicable standards, orders, and regulations issued pursuant tothe Clean
Air Act (42 U.S.C. Q 740'7671q) and the Fmdane| Water Pollution Control Act as amended (33U.S.C.
§ 1251-1387). J-U-B agrees to repoil. any violation to the CLIENT immediately upon discovery. The CLIENT
assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation
Administration.
J-U'Bwill include this requirement inall subcontracts that exceed $15O.OUO.
5.24 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
A. Overtime Requirements.
J-U-B or subcontractor/subconsultant 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 |obunmr 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 un|aoo 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
inexcess offorty hours insuch workweek.
B. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this dnuno. J'U'B and any
nubnonou|tant responsible therefor ohmU be liable for the unpaid wages. In addition, J'U'B and the
subconsultant 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 oho|| be computed with respect to each individual laborer or mmohonio, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this clause, 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 (A) ofthis clause
C. Withholding for Unpaid Wages and Liquidated Damages.
The FAA or the CLIENT shall upon its own action or upon written request of an authorized
reprenantetiveoftheDepartmentpfLaborvxdhho|dVrcaumetnbowithhe|d.fromanymoniaopoyab|a
on account of work performed by J'U'8 under any such contract or any other Federal contract with
J'U-B, or any other Federally -assisted oordnaot subject to the Contract Work Hours and Safety
Standards Act, which is held by J'U'B, such sums as may be determined to be necessary to omUafy
any liabilities of J-U-B for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph Babove.
D. 8ubcnnou|tenbo.
J-U-B and any subconsultants shall insert in any subcontracts the clauses set forth in paragraphs (A)
through (D) and also a o|aumu requiring the auboonou|tmntho include these clauses in any lower tier
subcontracts. J'U'B aho|| be responsible for compliance by any oubconou|tant or lower tier
subconsultant with the clauses set forth in paragraphs (A) through (D) of this clause.
6.25 AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1J'U-B'u attention is nnUad to the "Equal Opportunity Clause" and the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for
J'U'B'saggregate workforce ineach trade on all construction work inthe covered area, are as
Timetables
Goals for minority participation for each trade:
Goals for female participation in each trade:
[ S.7]
[G.0Y6 ]
Agreement For Professional eomwou—rAA Fvnno oo-2u(2v00023,,*o:0oAM) Pago1n
These gmda are applicable to all ofJ'U-B'o construction work (whether ornot it is Federal or
fedano|k+ooeiobod)performed inthe covered area. |fthe contractor performs construction work in
a geographical area located outside of the covered area, it shall apply the goals established for
such geographical area where the work ioactually performed. With regard hothis second area, the
contractor also iosubject tothe goals for both its federally involved and non -federally involved
construction.
J-U-B'o compliance with the Executive Order and the regulations in 41 CFR PodGU'4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The
hours of minority and female employment and training must be substantially uniform throughout
the length of the contract, and in each trade, and the contractor shall make a good faith effort to
employ minorities and women evenly on each of its projects. The transfer of minority or female
employees or trainees from Contractor to Contractor or from project to project for the sole purpose
of meeting J'U'8'Sgoe|n shall be a violation of the contract, the Executive Order and the
regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total
work hours performed. �
3, J-U-B shall provide written notification to the Director of the Office of Federal Contract Compliance
Programs (OFCCP)vvithin 10'wworkhnQ days of award of any construction subcontract in excessof
$1r�0n-atany tier for construction work under the contract resulting from this 'solicitation. The
notification shall list the namm, addroua, and telephone number of1hm-aubcontnudt6c'emp|oymr
identification number of the subcontractor; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in which the
subcontract iobmbaperformed.
4' As used in this notice and in the contract resulting from this solicitation, the "covered area" is the
City of Yakima, Yakima Counhy, WA.
Agreement For Pmmoomna aommeo-FwAronna 05-22(2/13/202311:05:0AM) Pago1r
IN WITNESS WHEREOF, the CLIENT and J-U-B hereto have made and executed this AGREEMENT as
of the day and year first above written.
CLIENT:
CITY OF YAKIMA
BY:
Name:
Title:
CITY CONTRACT NOes* 4-316013 -1):Y3
RESOLUTION
J-U-B:
J-U-B ENGINEERS, Inc.
By:
Name: Toby er, E
Title:
Vice President \ Aviation Services
Group Manager
Applinahhz,
Attachments
or Exhibit to
this
Agreement
are
indicated as
marked
n
0
0
iC4
0
ATTE
ATTEST
Name:
Title:
Certification For Contracts Grants,
Loans, and Cooperative Agreements
J-U-B Debarment Lookup
Attachment 1 — Scope of Services;
Basis of Fee and Schedule
Attachment 1A — Detailed Scope of
Work
Attachment 1B — Fee Breakdown
Attachment 2 — Special Provisions
Exhibit A — Construction Phase
Services
Agreement For Professional Services — FAA Format 05-22(2Pa/2023 i:o5:oo AM) Page 18
FAA Agreement_2023
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best ofhis or her knowledge and belief, that:
1No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or aftempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, orcooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL"Disclosure ofLobby AciviUen^.inaccordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification ioamaterial representation offmotuponwhiuhne|iancewaop|ooedwhenthiotranamuUon
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed bysection 1352.title 31.U.S.Code. Any person who fails bmfile 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.
Oo���
Signed: Sponsor's Authorized Representative
Agreement For Professional aommov-FAArvnna 05-22(2/13/202311*5:0mw Pwuo1n
2/9/23, 4:16 PM
On official wehsOe or use united States govemmeur Here's how you know
SAM.gov I Entity
SA .Gov°
Home Search Data Bank Data Services Help
Ci Requests I a Notifications j o°Oo Workspace I O Sign Out
Download Unfollow
Entity Registration
Exclusions
Active Exclusions
Inactive Exclusions
Responsibility / Qualification
Entity Reporting
atilt to Workspace
J-U-B ENGINEERS INC
Unique Entity ID
WU2TGK?D3J49
CAGE/NCAGE
OKJYO
Registration Status Expiration Date
Purpose of Registration
All Awards
Physical Address
2760 W Excursion LN
Meridian, Idaho
83642-5750, United States
Mailing Address
2760 W Excursion Lane
Suite 400
Meridian, Idaho
83642, United States
[a
Current Recordni9n
Thew may he in;tanres when an indnrirli iai nr firm has the sama or eimifai name a; your ,parch criteria: hilt is artnally a diftarent parry, Therefore, it is
important that you verify a potential match with the excluding agency identified in the exclusion's details.. To confirm or obtain additional information, contact
the federal agency that took the action against the fisted party,. Agency points of contact, including name and telephone number, may be found by navigating
to the Agency Exclusion POCs page within Help..
ACTIVE EXCLUSIONS
There are no active exclusion records associated to this entity by its Unique Entity ID,
INACTIVE EXCLUSIONS
There are no inactive exclusion records associated to this entity by its Unique Entity ID.
Our Website
AboutThls Ode
Our Community
Release Notes
System Alerts
General Services
Administration
Feedback
Our Partners Policies Customer Service
Acquisition.gue privacy Policy Itlelp
tlSASpending.gnv Disclaimers Cheek E.nttt,, St.atu
Grants.gov Freedom of !rudorsisatiodi Act Federal Servi
More Partners Accessibility Externs! Resources
Contact
This is a U.S, General Services Administration Federal Government computer system that is
"FOR OFFICIAL USE ONLY." This system is subject to monitoring.. Individuals fund
performing unauthorized activities are subject to disciplinary action including criminal
prosecution.
http
°Wentity 2TGK70 .149i xclusiontoff? t to = 'xi sour =t2 returrlt ge= ltt a r°, 2 ea2 saftl. err°Ja2 k pac la Fe A2Fentitle
J'1.11'0 ENGINEERS, INC.
J-U'BENGINEERS, Inc.
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
Attachment 2—Special Provisions
Client Name: City ofYakima, Yakima Air
Terminal, McAllister Field
Project: Miscellaneous Engineering Services
The TERMS AND CONDITIONS ofthe Master Agreement for Professional Services dated are
amended toinclude the following Special Provisions. Ifthere isaconflict inthe provisions set forth inthese
Special Provisions and those represented in the Master Agreement for Professional Services, the Special
Provisions shall prevail:
For the purposes of this attachment, 'Agreement for Professional Services' and 'the Agreement' shall refer to
the document entitled 'Master Agreement for Professional Services,' executed between J-U-B and CLIENT to
which this exhibit and any other exhibits have been attached.
FAA AGREEMENT
4.05 INSURANCE AND INDEMNITY
Delete Section 4.05 In its-entiretv and reolace with the followina:
Section 4.05: Insurance and Indemnity, of the attached and incorporated "Agreement"ioamended tnread oa
follows:
4.06 INSURANCE AND INDEMNITY
A. J-U-B's Insurance.
1J'U'B agrees to procure and nnmintan, at its expense, Commercial General Liability
Insurance of $2.000.000oombined single limit for personal injury and property damages,
and Professional Liability Insurance of$5.OUO.00O per claim for protection against claims
arising out of the rformonoo of services under this Contract nmuoad by negligent acts,
errors, or omissions for which J-U-B is legally liable, subject to and limited by the provisions
in Subsection 4.05.D, "Allocation of Risks" and 4.05.E "Subcontractors", if any. J-U-B shall
deliver to the CLIENT, prior to execution of the AGREEMENT by CLIENT and prior to
commencing work, Certificates of Insurance, identified on their face as the Agreement
Number to which applicable, as evidence that policies providing such coverage and limits of
insurance are in full force and effect. J-U-13 shall acquire and maintain statutory workmen's
compensation coverage. Thirty (30) days advance notice will be given in writing to the
CLIENT prior to the cancellation, termination, or alteration of said policies of Insurance.
2. Commercial Automobile Liability Insurance. |fJ'U'Bowns any vehicles, before this Contract
is fully executed by the parties, J-U-13 shall provide the CLIENT with a certificate of insurance
as proof of commercial automobile liability insurance and commercial umbrella liability
insurance with a total minimum liability limit of Two Million Dollars ($2.000.000.00) per
occurrence combined single limit bodily injury and property damage. Automobile liability will
apply tu"Any Auto" and beshown onthe certificate.
If J-U-13 does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be
J'u'aFAA Agreement for Professional Services Page 2-1
J-11.11-6ENGINEERS, INC.
required and may added to the commercial liability coverage at the same limits as required
inthat section ofthis Contract, which in Section entitled "Commercial Liability Insurance".
Under either situation described above the required certificate nfinsurance 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 mheU be in effect for the duration of this
Contract. The policy ohn|| name the CL|ENT, its m|aotod offioia|o, offioero, mgentm,
employees, and volunteers as additional insureds. The insurance shall be with an insurance
company orcompanies notmdA,V|| or higher in Boot'a Guide and admitted in the State of
Washington.
3. Professional Liability Coverage. Before this Contract iofully executed by the partieo. J-U'B
shall provide the City with a certificate of insurance as proof of professional liability coverage
with a total minimum liability limit of Five Million Dollars ($5,000,000.00) per claim combined
single limit bodily injury and property damage, and Five Million DoUaro(u5.00U.U80.UO)
aggregate. The certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are in effect. The insurance
ohmU be with on insurance company or companies ratmdA-V|| or higher in Beoi'n Guide. If
the policy is written on e claims made basis the coverage will continue in force for an
additional two years after the completion ofthis contract.
B. .Indemnification byJ-U-B. Tnthe fullest extent permitted bylaw, J'U-Bshall indemnify, defend,
and hold harmless CLIENT, and CLIENT's officers, directors, partners, agents, consultants, and
employees from and against any and all claims, costs, losses, and damages (including but not
limited to all fees and charges of CLIENT, architects, attorneys, and other professionals, and all
court, mrbitnsUon, or other dispute resolution costs) arising out of or relating to the PRC)JECT,
provided that any such claim cost, iono, or damage iaattributable io bodily irjury, ainhnemn,
disease, or death, or to injury to or destruction of tangible property (other than the Work itsel�,
including the loss of use resulting there from, but only to the extent caused by any negligent act,
ennr, or omission ofJ-U-B orJ'U-B'o of5cere, diredorn, partnaro, employees, or Consultants.
The indemnification provision of the preceding sentence is subject to and limited by the
provisions agreed to by CLIENT and J'U'B in Subsection 4.05.0 ^AUoomtion of Risks," if any.
J'U-B'o costs associated with the defense requirement shall be proportional to J-U-B'o
negligence amdetermined bythe trier mffact
C. Indemnification CLIENT` To the fullest extent permitted by |ovv. CLIENT mho|| indamnify,
defend, and hold horm|emoJ-U'B. J'U'B'o offiomm, diroctos, pednero, a0ento, employees, and
Consultants from and against any and all claims costs, losses, and damages (including but not
limited to all 0*mm and charges ofJ'U'B mnohitecto, ottornoyo, and other profemmionm|o, and all
court, arbitration, or other dispute resolution costs) arising out of or relating to the PROJECT,
provided that any such claim coat. |000, or damage in attributable to bodily iniury, oichneno,
diuemoa, or death or to injury to or destruction of tangible property (other than the Work itmo|o,
induding the loss ofuse resulting there homn.buLon|ytotheVo±antomuaadbyany I 1C�J111Jantact.
error, or omission of CLIENT or CLIENT's officers, directors, or employees, retained by or under
contract bothe CLIENT with respect bnthis AGREEMENT orto the PROJECT. CL|ENT'o noobo
m0000ietad with the defense requirement ohoU be proportional to CL|ENT'm negligence as
determined bythe trier offact.
D. Allocation` J-U-B and its employees liability hereunder, whether in tort or in contract, for
any cause of action ohoU be limited as follows: the amount of insurance then available and
responding to fund any oett|mmmnt, mvvand or verdict. In no event shall either party be held |imb|a
for any incidental or indirect damages nmmu|Ung from any claim na|obmd to the service performed
inthis Agreement orrelated tmthe Project.
E. Sub -Contractor and Sub -Consultant Insurance. |nthe event any mub'oondnmctororsub-consultant
of J-U-B is unable to procure insurance in the same amounts as listed in Section A above, J-U-B
agrees that its insurance will cover the difference in coverage between the insurance held by the
�-Bm* Agreement for Professional Services
J-U-BENGINEERS, INC.
sub -contractor oroub-uonoultant and the amounts listed inSection /i J-U-Bshall indemnify and
hold hsnn|eoo CLIENT and CL|ENT'o offiuero, directorm, padnoro, ogmntm, conoultanto, and
employees from and against any and all claims, costs, |ouomm, and damages (including but not
limited to all Noeo and charges of CLIENT, nrchibento, otborneym, and other professionals, and all
court, arbitration, or other dispute resolution costs) arising out of or mo|oUn8 to the work of any
sub -contractor or sub -consultant for which J-U'B'o insurance covers |nos on this PRDJECT,
provided that any such claim coot. |ooa, or damage is attributable to bodily in]ury, nicknaoo,
dimoana, or deoth, or to injury to or destruction of tangible property (other than the Work itoe|f),
including the loss of use resulting there from, but only to the extent caused by any negligent act,
ernor, or omission ofJ'U'B orJ-U-B'o offioom, dinmctoro, podnero, employees, or Consultants.
The indemnification provision of the preceding sentence is subject to and limited by the provisions
agreed to by CLIENT and J-U-B in Subsection 4.05.D "Allocation of Risks," if any.
F. J-U-B reserves the right to obtain the services ofother consulting engineers and consultants
experienced in airport work to prepare and execute a portion of the work that nm|abom to the
PROJECT. Those consultants shall carry the same insurance as J-U-B is required to carry under
8ubomction4.O6.A.
G. Nothing contained in this agreement shall nnoobn a contractual relationship with or a cause of
action infavor cfathird party against J'U'B.
�-Bmx Agreement for Professional Services
J-U•13 ENGINEERS, INC.
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
Standard Exhibit A — Construction Phase Services
Client City of Yakima
Name:
Project: Miscellaneous Engineering Services
The Agreement for Professional Services dated is amended and supplemented to include the following agreement of the parties with
respect to Services during the construction phase of the Project.
For the purposes of this exhibit, 'Agreement for Professional Services' and 'the Agreement' shall refer to the document entitled 'Agreement
for Professional Services,' executed between J-U-B and CLIENT to which this exhibit and any other exhibits have been attached.
For the purposes of this exhibit, the term 'Contract Documents,' shall be defined as documents that establish the rights and obligations of
the parties engaged in construction and include the Construction Agreement between CLIENT and contractor, Addenda (which pertain to
the Contract Documents), contractors bid (including documentation accompanying the bid and any post -bid documentation submitted prior
to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed; the bonds, appropriate
certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings, together with all Written
Amendments, Change Orders, Work Change Directives, Field Orders, and J-U-B's written interpretations and clarifications issued on or after
the Effective Date of the Construction Agreement, Shop Drawings and the reports and drawings of subsurface and physical conditions are
not Contract Documents.
For the purposes of this exhibit, the term 'Work,' shall be defined as the entire construction or the various separately identifiable parts thereof
required to be provided by the construction contractor under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all
materials and equipment into such construction; all as required by the Contract Documents.
For the purposes of this exhibit, the term 'Site,' shall be defined as lands or areas indicated in the Contract Documents as being furnished
by CLIENT upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands
furnished by CLIENT which are designated for the use of contractor.
CONSTRUCTION PHASE SERVICES
J-U-B shall provide Construction Phase Services as agreed below. There is a "Yes" and "No" box to the left of each Service. If a box is
marked "Yes", J-U-B agrees to perform the Service listed. If a box is marked "No", J-U-B undertakes no duty to perform the Service listed. If
a duty or a condition of performance is listed below that is a responsibility of CLIENT, CLIENT's agreement to perform the same is assumed,
It is understood and agreed that J-U-B shall not, during the performance of Services, or as a result of observations of the Work in
progress, supervise, direct, or have control over contractor(s) Work; nor shall J-U-B have authority over or responsibility for the means,
methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident
to the Work of the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders
applicable to contractor(s) furnishing and performing their Work or providing any health and safety precautions required by any regulatory
agencies. Accordingly, J-U-B does not guarantee or warrant the performance of the construction contracts by contractor(s) nor assume
responsibility of contractor(s) failure to furnish and perform their Work in accordance with the Contract Documents.
The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried
out in the CLIENT's contract with the general contractor. The CLIENT also agrees that the CLIENT, J-U-B and J-U-B's subconsultants
shall be indemnified by the general contractor in the event of general contractor's failure to assure jobsite safety and shall be named as
nrirlitinnn! inAlirprls i inr1r the gpnprn! rnntrnr.tnr,g pn!inigm nf rnern! IihiIitv ingl Irnnrtgl.
NOTE on Coronavirus: The contractor and contractor's COViD-19 Site Supervisor are responsible for full monitoring, compliance, and
enforcement of the contractor's plan. J-U-B's review or other actions related to the contractor CO VID-19 plan do not extend to the means,
methods, techniques, sequences, or procedures of construction or to the safety precautions and programs incident thereto.
J-U-B does not have authority over or responsibility for safety precautions (including the COVID-19 plan and compliance) related to the
work of the contractor(s), or for any failure of contractor(s) to comply with applicable laws, rules, regulations, ordinances, codes, or
orders. CLIENT agrees to indemnify, defend, and hold J-U-B harmless from any claims, damages, or costs associated with Contractor's
site safety, including their COVID-19 compliance program.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-1
Construction Phase
After receiving written authorization from CLIENT to proceed with the construction phase, J-U-B may provide the following Services
with respect to this part of the Project:
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
General Administration of the Contract Documents. Consult with, advise, and assist CLIENT in J-U-B's role as
CLIENT's representative. Relevant J-U-B communications with contractor shall be imputed to the CLIENT. Nothing
contained in this Standard Exhibit A creates a duty in contract, tort, or otherwise to any third party; but, instead, the
duties defined herein are performed solely for the benefit of the CLIENT. CLIENT shall agree to include this language
in any such agreements it executes with contractor, subcontractors or suppliers.
2. Pre -Construction Conference. Participate in a pre -construction conference.
3. Visits to Site and Observation of Construction /Resident Project Representative (RPR) Services. In connection with
observations of the Work while it is in progress:
a. Periodic Site Visits by J-U-B. Make visits to the Site at intervals appropriate to the various stages of
construction, as J-U-B deems necessary, to observe as an experienced and qualified design professional the
progress and quality of the Work. Such visits and observations, if any, are not intended to be exhaustive or to
extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities
specifically assigned to J-U-B in this Agreement, but rather are to be limited to spot checking, selective sampling,
and similar methods of general observation of the Work based on J-U-B's exercise of professional judgment as
assisted by the RPR, if any. Based on information obtained during such visits and observations, J-U-B will
determine in general, for the benefit of CLIENT, if the Work is proceeding in accordance with the Contract
Documents, and J-U-B shall keep CLIENT informed of the progress of the Work.
b. Resident Project Representative ("RPR'). When requested by CLIENT, provide the Services of a RPR at the
Site to provide more extensive observation of the Work. Duties, responsibilities, and authority of the RPR, are as
set forth in the section entitled Resident Project Representative, herein. Through more extensive observations
of the Work and field checks of materials and equipment by RPR, J-U-B shall endeavor to provide further
protection to the CLIENT against defects and deficiencies in the Work. The furnishing of such RPR's Services
will not extend J-U-B's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement.
4. Defective Work. Recommend to CLIENT that the Work be disapproved and rejected while it is in progress if J-U-B
believes that such Work does not conform generally to the Contract Documents or that the Work will prejudice the
integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents.
5. Clarifications and Interpretations; Field Orders. Recommend to CLIENT necessary clarifications and interpretations
of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations
will be consistent with the intent of and reasonably inferable from the Contract Documents. Based on J-U-B's
recommendations, CLIENT may issue Field Orders authorizing minor variations from the requirements of the Contract
Documents.
6. Change Orders, and Work Change Directives. Recommend to CLIENT Change Orders or Work Change Directives,
as appropriate, and prepare required documents for CLIENT consideration. CLIENT may issue Change Orders or
Work Change Directives authorizing variations from the requirements of the Contract Documents.
Shop Drawings and Samples. Review or take other appropriate action in respect to Shop Drawings, Samples, and
other data that contractor is required to submit, but only for conformance with the design concept of the Project and
compliance with the information given in the Contract Documents. Such reviews or other action shall not extend to
means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident
thereto.
J-U-B's review or other actions related to the contractor COVID-19 plan do not extend to the means, methods,
techniques, sequences, or procedures of construction or to the safety precautions and programs incident thereto.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-2
Yes
El No
0 Yes
LJ No
Yes
D No
Z Yes
D No
Yes
El No
Yes
No
8, Substitutes. Consult with and advise CLIENT concerning, and determine the acceptability of, substitute materials and
equipment proposed by contractor.
9. Inspections and Tests. Make recommendations to CLIENT concerning special inspections or tests of the Work, and
the receipt and review of certificates of inspections, testing, and approvals required by laws and regulations and the
Contract Documents (but only to determine generally that the results certified indicate compliance with the Contract
Documents).
10. Disagreements between CLIENT and Contractor. Assist CLIENT in rendering formal written decisions on claims of
CLIENT and contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the Work. In assisting in such decisions, J-U-B shall not be
liable in connection with any decision rendered in good faith.
11 Applications for Payment. Based on J-U-B's on -site observations as an experienced and qualified design professional,
and upon written request of CLIENT, review Applications for Payment and the accompanying supporting
documentation. Assist CLIENT in determining the amounts owed to contractor and, if requested by CLIENT,
recommend in writing to CLIENT that payments be made to contractor in such amounts. Such recommendations of
payment will constitute a representation to CLIENT that, to the best of J-U-B's knowledge, information, and belief, the
Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, and
subject to any subsequent tests called for in the Contract Documents or to any other qualification stated in the
recommendation), and the conditions precedent to contractors being entitled to such payments appear to have been
fulfilled insofar as it is J-U-B's responsibility to observe the Work. In the case of unit price Work, J-U-B's
recommendation of payment will include final determinations of quantities and classifications of the Work (subject to
any subsequent adjustments allowed by the Contract Documents). By recommending any payment and after
reasonable inquiry, J-U-B shall not thereby be deemed to have represented that exhaustive, continuous, or detailed
reviews or examinations have been made by J-U-B to check the quality or quantity of the Work as it is furnished and
provided beyond the responsibilities specifically assigned to J-U-B in this Agreement and the Contract Documents.
J-U-B's review of the Work for the purposes of recommending payments will not impose on J-U-B the responsibility to
supervise, direct, or control such Work, or for the means, methods, techniques, sequences, or procedures of
construction or safety precautions or programs incident thereto, or contractors compliance with laws and regulations
applicable to its furnishing and performing the Work. J-U-B's review will also not impose responsibility on J-U-B to
make any examination to ascertain how or for what purposes contractor has used monies paid to contractor by
CLIENT; to determine that title to any of the Work, including materials or equipment, has passed to CLIENT free and
clear of any lien, claims, security interests, or encumbrances; or that there may not be other matters at issue between
CLIENT and contractor that might affect the amount that should be paid.
12. Contractor's Completion Documents. Receive and review maintenance and operating instructions, schedules,
guarantees, bonds and certificates of inspection, tests and approvals, Shop Drawings, Samples, other data approved,
and the annotated record documents which are to be assembled by contractor in accordance with the Contract
Documents (such review will only be to determine generally that their content complies with the requirements of, and
in the case of certificates of inspection, tests, or approvals indicates compliance with, such Contract Documents);
transmit them to CLIENT with written comments.
13. Substantial Completion. Promptly after notice from CLIENT that contractor considers the Work for this part of the
Project is ready for its intended use, in company with CLIENT and contractor, conduct a site visit to determine if the
Work is substantially complete. Provide recommendation to CLIENT relative to issuance of Certificate of Substantial
Completion.
Yes 14. Final Notice of Acceptability of the Work. Assist CLIENT in conducting a final inspection to determine if the completed
D
Work is acceptable so that J-U-B may recommend, in writing, that final payment be made to contractor.
No
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-3
Yes 15. Additional Tasks. Perform or provide the following additional construction phase tasks or deliverables as delineated
in Attachment 1 — Scope of Services and/or Schedule and/or Basis of Fee, which is included with the Agreement.
O No
General Limitation of Responsibilities. J-U-B shall not be responsible for the acts or omissions of any contractor or of any of their
subcontractors, suppliers, or any other individual or entity performing or furnishing any of the Work. J-U-B shall not be responsible for
failure of any contractor to perform or fumish the Work in accordance with the Contract Documents CLIENT shall agree to include this
language in any such agreements it executes with contractor, subcontractors or suppliers.
J-U-B's Construction Phase Services will be considered complete on the date of Final Notice of Acceptability of the Work.
Post -Construction Phase
After receiving authorization from CLIENT to proceed with the post -construction phase, J-U-B may:
0 Yes
No
0 Yes
No
0 Yes
No
Yes
• No
Yes
• No
1, Testing/Adjusting Systems. Provide assistance in connection with the testing and adjusting of equipment or systems.
2. Operate/Maintain Systems. Assist CLIENT in coordinating training for CLIENT's staff to operate and maintain
equipment and systems.
3, Control Procedures. Assist CLIENT in developing procedures for control of the operation and maintenance of, and
recordkeeping for, equipment and systems.
4. O&M Manual. Assist CLIENT in preparing operating, maintenance, and staffing manuals.
5. Defective Work. Together with CLIENT, visit the Project to observe any apparent defects in the Work, assist CLIENT
in consultations and discussions with contractor concerning correction of any such defects, and make
recommendations as to replacement or correction of Defective Work, if present.
Yes 6. Record Surveying. Provide field surveying of readily accessible elements of the final completed construction to
No supplement the preparation of Record Drawings.
0
Yes 7. Record Drawings. Furnish a set of reproducible prints of Record Drawings showing significant changes made during
the construction process, based on the annotated record documents for the Project furnished by the contractor.
O No
Yes
• No
1
Yes
El No
8. Warrantee Inspection. In company with CLIENT or CLIENT's representative, provide an inspection of the Project
within one month before the end of the contractor correction period to ascertain whether any portion of the Work is
subject to correction.
9, Additional Tasks. Perform or provide the following additional post -construction phase tasks or deliverables as listed
in Attachment 1 - Scope of Services and/or Schedule and/or Basis of Fee, which is included with the Agreement.
The Post -Construction Phase Services may commence during the construction phase and, if not otherwise modified by the mutual
agreement of CLIENT and J-U-B, will terminate at the end of the correction period.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5(20) Page A-4
CONSTRUCTION PHASE ADDITIONAL[SERVICES
If authorized by CLIENT and expressly agreed by J-U-B; or, if performed by J-U-B with the knowledge of the CLIENT after the signing of the
Agreement for Professional Services, J-U-B shall furnish or obtain from others Additional Services of the types listed in this paragraph:
1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by CLIENT if the
resulting change in compensation for Construction Phase Services is not commensurate with the Services rendered; Services
in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by contractor
and Services after the award of the contract; Services in evaluating and determining the acceptability of an unreasonable or
excessive number of substitutions proposed by contractor; and Services resulting from significant delays, changes, or price
increases occurring as a direct or indirect result of material equipment, or energy shortages.
2. Services involving out-of-town travel required of J-U-B other than visits to the Site or CLIENT's office.
3. Assistance in connection with bid protests, rebidding, or renegotiating the Construction Agreement.
4. Services in connection with any partial utilization of the Work by CLIENT prior to Substantial Completion.
5. Additional or extended Services during construction of the Work made necessary by (a) emergencies or acts of God
endangering or delaying the Work, (b) the discovery of constituents of concern, (c) Work damaged by fire or other cause
during construction, (d) a significant amount of defective Work, (e) acceleration of the progress schedule involving Services
beyond normal working hours, and (f) default by contractor, including extensions of the construction period.
6. Evaluating an unreasonable number of claims submitted by contractor or others in connection with the Work.
7. Protracted or extensive assistance in refining and adjusting any equipment or system (such as initial startup, testing, adjusting,
and balancing).
8. Services or consultations after completion of the construction phase, such as excessive inspections during any correction
period and reporting observed discrepancies under guarantees called for in the Construction Agreement for the Work (except
as agreed to under Construction Phase Services).
9. Preparing to serve or serving as a consultant or witness for CLIENT in any litigation, arbitration, or other legal or administrative
proceeding involving the Project to which J-U-B has not been made a party.
10. Additional Services in connection with the Work, including Services which are to be fumished by CLIENT and Services not
otherwise provided for in this Agreement.
RESIDENT PROJECT REPRESENTATIVE
If provided as part of Construction Phase Services, J-U-B shall fumish a Resident Project Representative ("RPR"), assistants, and other field
staff to assist J-U-B in observing progress and quality of the Work. The RPR, assistants, and other field staff may provide full-time
representation or may provide representation to a lesser degree.
Through such additional observations of the Work and field checks of materials and equipment by the RPR and assistants, J-U-B shall
endeavor to provide further protection for CLIENT against defects and deficiencies in the Work. It is understood and agreed that J-U-B
shall not, during the performance of Services, or as a result of observations of the Work in progress, supervise, direct, or have control
over contractor(s)' Work; nor shall J-U-B have authority over or responsibility for the means, methods, techniques, sequences or
procedures of construction selected by contractor(s), for safety precautions and programs incident to the Work of the contractor(s) or for
any failure of contractor(s) to comply with lavvs, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and
performing their Work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J-U-B does not
guarantee or warrant the performance of the construction contracts by contractor(s) nor assume responsibility of contractor(s)' failure to
fumish and perform their Work in accordance with the Contract Documents.
The RPR's duties under this Agreement shall be strictly limited to the following:
1. General. RPR is J-U-B's agent at the Site, will act as directed by and under the supervision of J-U-B, and will confer with
J-U-B regarding RPR's actions.
2, Schedules. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values
prepared by contractor and consult with CLIENT concerning acceptability of such schedules.
3. Conferences and Meetings. When requested by CLIENT to do so, attend meetings with contractor, such as preconstruction
conferences, progress meetings, job conferences, and other project -related meetings.
4. Liaison. Serve as J-U-B's liaison with CLIENT.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-5
5. Interpretation of Contract Documents. Report to CLIENT when clarifications and interpretations of the Contract Documents
are needed.
6. Shop Drawings and Samples. Receive and record date of receipt of reviewed Samples and Shop Drawings.
7. Modifications. Consider and evaluate contractors suggestions for modifications to Drawings or Specifications and report,
with RPR's recommendations, to CLIENT. Transmittal to contractor of written decisions as issued by J-U-B will be in writing.
8. Review of Work and Rejection of Defective Work
a) Conduct on -site observations of the Work to assist J-U-B in determining if the Work is, in general, proceeding in
accordance with the Contract Documents.
b) Report to CLIENT whenever RPR believes that any part of the Work in progress will not produce a completed Project
that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents; has been damaged; or does not meet the
requirements of any inspection, test, or approval required to be made. Advise CLIENT of that part of the Work that RPR
believes should be corrected, rejected, or uncovered for observation, or that requires special testing, inspection, or
approval.
9. Inspections, Tests, and System Startups.
a) Advise CLIENT in advance of scheduled major inspections, tests, and system start-ups for important phases of the Work.
b) Verify that tests, equipment, and system start-ups and operating and maintenance training is conducted in the presence
of appropriate personnel and that contractor maintain adequate records thereof.
c) Observe, record, and report to CLIENT appropriate details relative to the test procedures and system start-ups.
d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results
of these inspections, and report to CLIENT.
10. Records.
a) Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract
Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued
subsequent to the execution of the Contract, J-U-B's clarifications and interpretations of the Contract Documents,
progress reports, Shop Drawing and Sample submittals, and other Project -related documents.
b) Prepare a daily report or keep a diary or log book, recording contractor's and subcontractors' hours on the Site, weather
conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions,
Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of
observing test procedures; furnish copies of such records to CLIENT.
c) Maintain accurate, up-to-date lists of the names, addresses, e-mail addresses, and telephone numbers of all contractors,
subcontractors, and major suppliers of materials and equipment.
d) Maintain records for use in preparing documentation of the Work.
e) Upon completion of the Work with respect to the Project, fumish a complete set of all RPR Project documentation to
CLIENT.
11. Reports.
a) Furnish to CLIENT periodic reports as required of progress of the Work and of contractors compliance with the progress
schedule and schedule of Shop Drawing and Sample submittals.
b) Present to CLIENT proposed Change Orders, Work Change Directives, and Field Orders.
c) Furnish to CLIENT copies of all inspection, test, and system startup reports.
d) Report immediately to CLIENT the occurrence of any Site accidents, emergencies, acts of God endangering the Work,
property damaged by fire or other causes, and the discovery or presence of any constituents of concern.
12. Payment Request: Review Applications for Payment for compliance with the established procedure for their submission and
forward with recommendations to CLIENT, noting particularly the relationship of the payment requested to the schedule of
values, Work completed, and materials and equipment delivered at the Site, but not incorporated in the Work.
13. Certificates, Operation and Maintenance ManualDuring the course of the Work, verify that materials and equipment
certificates, operation and maintenance manuals, and other data required by the Specifications to be assembled and furnished
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-6
by contractor are applicable to the items actually installed and inaccordance with the Contract Documents, and have these
documents delivered to CLIENT for review.
14. Completion.
a) Before issuing oCertificate Of Substantial Completion, suhmit to rl|FNTnlist of obspirveduemq requiring rnmpletinn or
uonnoUnn.
b) Observe whether contractor has nn ed for inspections required by laws and egulatiuno, imdmu|ng but not limited to
those to be performed by public agencies having jurisdiction over the Project.
d Participate inafinal inspection inthe company of CLIENT and contractor and prepare ofinal list ofitems mUecompleted
or corrected with respect oothe Work.
d) Observe whether all items on final list have been completed or corrected and moha recommendations to CLIENT
concerning acceptance and issuance of CLIENT's Final Notice of Acceptability of the Work.
The RPR shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items).
u. Exceed limitations ofJ-U-B'oauthority ouset forth inthe Agreement for Professional Services "
o. Undertake any of the responsibilities of contractor, subcontractors, suppliers, or contractor's superintendent.
4. Advise on, issue directions relative to, or assume control of the means, methods,
procedures of construction or of the Work, unless such ouvwo or directions are specifically equ'mm by the cunvao
u Advise on, issue directions regarding, massume control over safety practices, precautions, and programs in connection with
the activities n,operations nfCLIENT orcontractor.
O. Participate inspecialized field orlaboratory tests urinspections conducted byothers, except aospecifically authorized.
7. Accept Shop Drawing orSample submittals from anyone other than J'U'D.
O.. Authorize CLIENT tooccupy the Work inwhole o,inpart.
CLIENT'S RESPONSIBILITIES
Except as otherwise provided herein or in the Agreement for Professional Services, CLIENT shall do the following in a timely manner so as
not mdelay the Services ofJ'U'Dand shall bear all costs incident thereto:
1. provide, as may be requiredfor the Project, such legal services as CLIENT may require or J-U-13may reasonably request
with regard mlegal issues pertaining mthe Project, including any that may bmraised uycontractor.
2. Attend the pre -bid confen»noe, bid oponmg, pre -construction oonxenaocem, construction pmgmmo and nther]ub+nlated
meetings and Substantial Completion, final payment, and other inspections.
3. Give prompt written notice to J-U-B whenever CLIENT observes or otherwise becomes aware of any development that affects
the scope rtime :fporfo::o:o:nf 1'1 'IZ'nSo:i—m.:ronyAef.,+:,:o:c::fu:nannein1'1 'a'nnr
inthe Work nfany contractor.
4. Render all final decisions related to: 1>changes mmodifications to the terms of the construction contract, 2)occeptability of
the Work, and 8>claims urWork stoppages.
5. Unless included in J-U-13 Scope of Services, provide construction staking and materials testing services for the project.
The Client agrees to require all contractors of any Um to carry statutory Workers Compensation, Liability Insurance and
appropriate limits of Commercial General Liability Insurance (CGL). The Client further agrees to require all contractors to have their CGIL
policies endorsed to name the Client, the Consultant and its sub -consultants as Additional insureds, on a primary and noncontributory basis,
and to provide Contractual Liability coverage sufficient to insure the hold harmless and indemnity obligations assumed by the contractors.
The Client shall require all contractors to furnish to the Client and the Consultant certificates of insurance as evidence of the required
insurance prior to commencing work and upon renewal of each policy during the entire period of construction. In addition, the Client shall
require that all contractors will, to the fullest extent permitted by law, indemnify and hold harmless the Client, the Consultant and its sub
consultants from and against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in
any way connected with the Project, including all claims by employees of the contractors.
uU-13 Agreement for Professional Services (REV 5/20) nage^-7
INDEMNIFICATION
In addition to any other limits of indemnification agreed to between the Parties, CLIENTagrees to indemnify and hold harmless J-ti-S, and
the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, This
is to include, but not to be limited to any such claim, cost, loss, or damage that is attributable to bodily injury, sickness, disease, or death,
or to injury to or destruction of tangible property, including the loss of use resulting therefrom to the extent caused by any negligent act
or omission of contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to
perform any of the Work yr anyone for whose acts any of them may be liable, as well as any general, special or other economic damages
resultant from Work stoppages or delays that are caused in whole or part by J-t1-S's exercise of the rights and duties as agreed herein
(Construction Phase Services).
CLIENT agrees that CLIENT will cause to be executed any such agreements or contracts with contractors, subcontractors or suppliers to
effectuate the intent of this part before any Work is commenced on the Project; if CLIENT negligently fails to do so, CLIENT agrees to fully
indemnify J-U-B from any liability resulting therefrom, to include, but not to be limited to, all costs relating to tendering a defense to any such
claims made.
J-U-B Agreement for Proress(orai/ Senloas
Standard Exhibit A — Construct ra S to rs Services (REV 5/20) Page A-8
JAMS ENGINEERS, INC.
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
Standard Exhibit A — Construction Phase Services
Client Cite of Yakima
Name:
Project Miscellaneous Engineering Senrioes
The Agreement for Professional Services dated is amended and supplemented to include the following agreement of the parties with
respect to Services during the construction phase of the Project.
For the purposes of this exhibit, 'Agreement for Professional Services' and 'the Agreement' shall refer to the document entitled 'Agreement
for Professional Services,executed between J-U-B and CLIENT to which this exhibit and any other exhibits have been attached.
For the purposes of this exhibit, the term 'Contract Documents,' shall be defined as documents that establish the rights and obligations of
the parties engaged in construction and include the Construction Agreement between CLIENT and contractor, Addenda (which pertain to
the Contract Documents), contractor's bid (including documentation accompanying the bid and any post -bid documentation submitted prior
to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate
certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings, together with all Written
Amendments, Change Orders, Work Change Directives, Field Orders, and J-U-B's written interpretations and clarifications issued on or after
the Effective Date of the Construction Agreement. Shop Drawings and the reports and drawings of subsurface and physical conditions are
not Contract Documents.
For the purposes of this exhibit, the term Work,' shall be defined as the entire construction or the various separately identifiable parts thereof
required to be provided by the construction contractor under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all
materials and equipment into such construction; all as required by the Contract Documents.
For the purposes of this exhibit, the term 'Site,' shall be defined as lands or areas indicated in the Contract Documents as being fumished
by CLIENT upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands
furnished by CLIENT which are designated for the use of contractor.
CONSTRUCTION PHASE SERVICES
J-U-B shall provide Construction Phase Services as agreed below. There is a "Yes" and "No" box to the left of each Service. If a box is
marked "Yes", J-U-B agrees to perform the Service listed. If a box is marked "No", J-U-B undertakes no duty to perform the Service listed. If
a duty or a condition of performance is listed below that is a responsibility of CLIENT, CLIENT's agreement to perform the same is assumed.
It is understood and agreed that J-U-B shall not, during the performance of Services, or as a result of observations of the Work in
progress, supervise, direct, or have control over contractor(s) Work; nor shall J-U-B have authority over or responsibility for the means,
methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident
to the Work of the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders
applicable to contractor(s) furnishing and performing their Work or providing any health and safety precautions required by any regulatory
agencies. Accordingly, J-U-B does not guarantee or warrant the performance of the construction contracts by contractor(s) nor assume
responsibility of contractor(s) failure to furnish and perform their Work in accordance with the Contract Documents
The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried
out in the CLIENT's contract with the general contractor. The CLIENT also agrees that the CLIENT, J-U-B and J-U-B's subconsultants
shall be indemnified by the general contractor in the event of general contractor's failure to assure jobsite safety and shall be named as
additional insureds tindrtha general nontrantor's polinias nf gRnprai Iihility insiiranna
NOTE on Coronavirus: The contractor and contractor's COVID-19 Site Supervisor are responsible for full monitoring, compliance, and
enforcement of the contractor's plan. J-U-B's review or other actions related to the contractor CO VID-19 plan do not extend to the means,
methods, techniques, sequences, or procedures of construction or to the safety precautions and programs incident thereto.
J-U-B does not have authority over or responsibility for safety precautions (including the COV1D-19 plan and compliance) related to the
work of the contractor(s), or for any failure of contractor(s) to comply with applicable laws, rules, regulations, ordinances, codes, or
orders. CLIENT agrees to indemnify, defend, and hold J-U-B harmless from any claims, damages, or costs associated with Contractor's
site safety, including their COVID-19 compliance program.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-1
Construction Phase
After receiving written authorization from CLIENT to proceed with the construction phase, J-U-B may provide the following Services
with respect to this part of the Project:
►Z� Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
General Administration of the Contract Documents. Consult with, advise, and assist CLIENT in J-U-B's role as
CLIENT's representative. Relevant J-U-B communications with contractor shall be imputed to the CLIENT. Nothing
contained in this Standard Exhibit A creates a duty in contract, tort, or otherwise to any third party; but, instead, the
duties defined herein are performed solely for the benefit of the CLIENT. CLIENT shall agree to include this language
in any such agreements it executes with contractor, subcontractors or suppliers.
Pre -Construction Conference. Participate in a pre -construction conference.
3. Visits to Site and Observation of Construction / Resident Project Representative (RPR) Services. In connection with
observations of the Work while it is in progress:
a. Periodic Site Visits by J-U-B. Make visits to the Site at intervals appropriate to the various stages of
construction, as J-U-B deems necessary, to observe as an experienced and qualified design professional the
progress and quality of the Work. Such visits and observations, if any, are not intended to be exhaustive or to
extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities
specifically assigned to J-U-B in this Agreement, but rather are to be limited to spot checking, selective sampling,
and similar methods of general observation of the Work based on J-U-B's exercise of professional judgment as
assisted by the RPR, if any. Based on information obtained during such visits and observations, J-U-B will
determine in general, for the benefit of CLIENT, if the Work is proceeding in accordance with the Contract
Documents, and J-U-B shall keep CLIENT informed of the progress of the Work.
b. Resident Project Representative ("RPR'). When requested by CLIENT, provide the Services of a RPR at the
Site to provide more extensive observation of the Work. Duties, responsibilities, and authority of the RPR, are as
set forth in the section entitled Resident Project Representative, herein. Through more extensive observations
of the Work and field checks of materials and equipment by RPR, J-U-B shall endeavor to provide further
protection to the CLIENT against defects and deficiencies in the Work. The furnishing of such RPR's Services
will not extend J-U-B's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement.
4. Defective Work. Recommend to CLIENT that the Work be disapproved and rejected while it is in progress if J-U-B
believes that such Work does not conform generally to the Contract Documents or that the Work will prejudice the
integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents.
Clarifications and Interpretations; Field Orders. Recommend to CLIENT necessary clarifications and interpretations
of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations
will be consistent with the intent of and reasonably inferable from the Contract Documents. Based on J-U-B's
recommendations, CLIENT may issue Field Orders authorizing minor variations from the requirements of the Contract
Documents.
6. Change Orders, and Work Change Directives. Recommend to CLIENT Change Orders or Work Change Directives,
as appropriate, and prepare required documents for CLIENT consideration. CLIENT may issue Change Orders or
Work Change Directives authorizing variations from the requirements of the Contract Documents.
Shop Drawings and Samples. Review or take other appropriate action in respect to Shop Drawings, Samples, and
other data that contractor is required to submit, but only for conformance with the design concept of the Project and
compliance with the information given in the Contract Documents, Such reviews or other action shall not extend to
means, methods, techniques; sequences, or procedures of construction or to safety precautions and programs Incident
thereto.
J-U-B's review or other actions related to the contractor COVID-19 plan do not extend to the means, methods,
techniques, sequences, or procedures of construction or to the safety precautions and programs incident thereto.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-2
Yes
• No
Yes
No
Yes
No
Yes
• No
Yes
D No
Yes
▪ No
8, Substitutes. Consult with and advise CLIENT concerning, and determine the acceptability of, substitute materials and
equipment proposed by contractor.
9. Inspections and Tests. Make recommendations to CLIENT concerning special inspections or tests of the Work, and
the receipt and review of certificates of inspections, testing, and approvals required by laws and regulations and the
Contract Documents (but only to determine generally that the results certified indicate compliance with the Contract
Documents).
10. Disagreements between CLIENT and Contractor. Assist CLIENT in rendering formal written decisions on claims of
CLIENT and contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the Work. In assisting in such decisions, J-U-B shall not be
liable in connection with any decision rendered in good faith.
11. Applications for Payment. Based on J-U-B's on -site observations as an experienced and qualified design professional,
and upon written request of CLIENT, review Applications for Payment and the accompanying supporting
documentation. Assist CLIENT in determining the amounts owed to contractor and, if requested by CLIENT,
recommend in writing to CLIENT that payments be made to contractor in such amounts. Such recommendations of
payment will constitute a representation to CLIENT that, to the best of J-U-B's knowledge, information, and belief, the
Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, and
subject to any subsequent tests called for in the Contract Documents or to any other qualification stated in the
recommendation), and the conditions precedent to contractor's being entitled to such payments appear to have been
fulfilled insofar as it is J-U-B's responsibility to observe the Work. In the case of unit price Work, J-U-B's
recommendation of payment will include final determinations of quantities and classifications of the Work (subject to
any subsequent adjustments allowed by the Contract Documents). By recommending any payment and after
reasonable inquiry, J-U-B shall not thereby be deemed to have represented that exhaustive, continuous, or detailed
reviews or examinations have been made by J-U-B to check the quality or quantity of the Work as it is furnished and
provided beyond the responsibilities specifically assigned to J-U-B in this Agreement and the Contract Documents.
J-U-B's review of the Work for the purposes of recommending payments will not impose on J-U-B the responsibility to
supervise, direct, or control such Work, or for the means, methods, techniques, sequences, or procedures of
construction or safety precautions or programs incident thereto, or contractor's compliance with laws and regulations
applicable to its furnishing and performing the Work. J-U-B's review will also not impose responsibility on J-U-B to
make any examination to ascertain how or for what purposes contractor has used monies paid to contractor by
CLIENT; to determine that title to any of the Work, including materials or equipment, has passed to CLIENT free and
clear of any lien, claims, security interests, or encumbrances; or that there may not be other matters at issue between
CLIENT and contractor that might affect the amount that should be paid.
12. Contractor's Completion Documents. Receive and review maintenance and operating instructions, schedules,
guarantees, bonds and certificates of inspection, tests and approvals, Shop Drawings, Samples, other data approved,
and the annotated record documents which are to be assembled by contractor in accordance with the Contract
Documents (such review will only be to determine generally that their content complies with the requirements of, and
in the case of certificates of inspection, tests, or approvals indicates compliance with, such Contract Documents);
transmit them to CLIENT with written comments.
13. Substantial Completion. Promptly after notice from CLIENT that contractor considers the Work for this part of the
Project is ready for its intended use, in company with CLIENT and contractor, conduct a site visit to determine if the
Work is substantially complete. Provide recommendation to CLIENT relative to issuance of Certificate of Substantial
Completion.
Yes 14. Final Notice of Acceptability of the Work. Assist CLIENT in conducting a final inspection to determine if the completed
Work is acceptable so that J-U-B may recommend, in writing, that final payment be made to contractor.
No
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-3
❑ No
Yes 15. A al Tasks. Perform or provide the following additional construction phase tasks or deliverables as delineated
in Attachment 1 — Scope of Services and/or Schedule and/or Basis of Fee, which is included with the Agreement.
General Limitation of Responsibilities. J-U-B shall not be responsible for the acts or omissions of any contractor or of any of their
subcontractors, suppliers, or any other individual or entity performing or fumishing any of the Work. J-U-B shall not be responsible for
failure of any contractor to perform or fumish the Work in accordance with the Contract Documents. CLIENT shall agree to include this
language in any such agreements it executes with contractor, subcontractors or suppliers.
J-U-B's Construction Phase Services will be considered complete on the date of Final Notice of Acceptability of the Work.
Post -Construction Phase
After receiving authorization from CLIENT to proceed with the post -construction phase, J-U-B may:
❑ Yes
No
1. Testing/Adjusting Systems. Provide assistance in connection with the testing and adjusting of equipment or systems.
❑ Yes 2. Operate/Maintain Systems. Assist CLIENT in coordinating training for CLIENT's staff to operate and maintain
equipment and systems.
No
❑ Yes
No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Yes
❑ No
Control Procedures. Assist CLIENT in developing procedures for control of the operation and maintenance of, and
recordkeeping for, equipment and systems.
4. O&M Manual. Assist CLIENT in preparing operating, maintenance, and staffing manuals.
Defective Work. Together with CLIENT, visit the Project to observe any apparent defects in the Work, assist CLIENT
in consultations and discussions with contractor concerning correction of any such defects, and make
recommendations as to replacement or correction of Defective Work, if present.
Record Surveying. Provide field surveying of readily accessible elements of the final completed construction to
supplement the preparation of Record Drawings.
Record Drawings. Furnish a set of reproducible prints of Record Drawings showing significant changes made during
the construction process, based on the annotated record documents for the Project furnished by the contractor.
Warrantee inspection. In company with CLIENT or CLIENT's representative, provide an inspection of the Project
within one month before the end of the contractor correction period to ascertain whether any portion of the Work is
subject to correction.
Additional Tasks. Perform or provide the following additional post -construction phase tasks or deliverables as listed
in Attachment 1 - Scope of Services and/or Schedule and/or Basis of Fee, which is included with the Agreement.
The Post -Construction Phase Services may commence during the construction phase and, if not otherwise modified by the mutual
agreement of CLIENT and J-U-B, will terminate at the end of the correction period.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-4
CONSTRUCTION PHASE ADDITIONAL SERVICES
If authorized by CLIENT and expressly agreed by J-U-B; or, if performed by J-U-B with the knowledge of the CLIENT after the signing of the
Agreement for Professional Services, J-U-B shall fumish or obtain from others Additional Services of the types listed in this paragraph:
1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by CLIENT if the
resulting change in compensation for Construction Phase Services is not commensurate with the Services rendered; Services
in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by contractor
and Services after the award of the contract; Services in evaluating and determining the acceptability of an unreasonable or
excessive number of substitutions proposed by contractor; and Services resulting from significant delays, changes, or price
increases occurring as a direct or indirect result of material equipment, or energy shortages.
2. Services involving out-of-town travel required of J-U-B other than visits to the Site or CLIENT's office.
3. Assistance in connection with bid protests, rebidding, or renegotiating the Construction Agreement.
4. Services in connection with any partial utilization of the Work by CLIENT prior to Substantial Completion.
5. Additional or extended Services during construction of the Work made necessary by (a) emergencies or acts of God
endangering or delaying the Work, (b) the discovery of constituents of concern, (c) Work damaged by fire or other cause
during construction, (d) a significant amount of defective Work, (e) acceleration of the progress schedule involving Services
beyond normal working hours, and (f) default by contractor, including extensions of the construction period.
6. Evaluating an unreasonable number of claims submitted by contractor or others in connection with the Work.
7. Protracted or extensive assistance in refining and adjusting any equipment or system (such as initial startup, testing, adjusting,
and balancing).
8. Services or consultations after completion of the construction phase, such as excessive inspections during any correction
period and reporting observed discrepancies under guarantees called for in the Construction Agreement for the Work (except
as agreed to under Construction Phase Services).
9. Preparing to serve or serving as a consultant or witness for CLIENT in any litigation, arbitration, or other legal or administrative
proceeding involving the Project to which J-U-B has not been made a party.
10. Additional Services in connection with the Work, including Services which are to be furnished by CLIENT and Services not
otherwise provided for in this Agreement.
RESIDENT PROJECT REPRESENTATIVE
If provided as part of Construction Phase Services, J-U-B shall furnish a Resident Project Representative ("RPR"), assistants, and other field
staff to assist J-U-B in observing progress and quality of the Work. The RPR, assistants, and other field staff may provide full-time
representation or may provide representation to a lesser degree.
Through such additional observations of the Work Wild field checks of materials and equipment by the RPR and assistants, J-U-B shall
endeavor to provide further protection for CLIENT against defects and deficiencies in the Work. It is understood and agreed that J-U-B
shall not, during the performance of Services, or as a result of observations of the Work in progress, supervise, direct, or have control
over contactor(s) Work; nor shall J-U-E3 have authority over or responsibility for the means, methods, techniques, sequences or
procedures of construction selected by contractor(s), for safety precautions and programs incident to the Work of the contractor(s) or for
any failure uf cucalectur(s) 10 wi-upiy with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and
performing their Work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J-U-B does not
guarantee or warrant the performance of the construction contracts by contractor(s) nor assume responsibility of contractor(s)' failure to
furnish and perform their Work in accordance with the Contract Documents.
The RPR's duties under this Agreement shall be strictly limited to the following:
1. General. RPR is J-U-B's agent at the Site, will act as directed by and under the supervision of J-U-B, and will confer with
J-U-B regarding RPR's actions.
2. Schedules. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values
prepared by contractor and consult with CLIENT concerning acceptability of such schedules.
3. Conferences and Meetings. When requested by CLIENT to do so, attend meetings with contractor, such as preconstruction
conferences, progress meetings, job conferences, and other project -related meetings.
4. Liaison. Serve as J-U-B's liaison with CLIENT.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-5
5. Interpretation of Contract Documents. Report to CLIENT when clarifications and interpretations of the Contract Documents
are needed.
6. Shop Drawings and Samples. Receive and record date of receipt of reviewed Samples and Shop Drawings.
7, Modifications. Consider and evaluate contractors suggestions for modifications to Drawings or Specifications and report,
with RPR's recommendations, to CLIENT. Transmittal to contractor of written decisions as issued by J-U-B will be in writing.
8. Review of Work and Rejection of Defective Work
a) Conduct on -site observations of the Work to assist J-U-B in determining if the Work is, in general, proceeding in
accordance with the Contract Documents.
b) Report to CLIENT whenever RPR believes that any part of the Work in progress will not produce a completed Project
that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents; has been damaged; or does not meet the
requirements of any inspection, test, or approval required to be made. Advise CLIENT of that part of the Work that RPR
believes should be corrected, rejected, or uncovered for observation, or that requires special testing, inspection, or
approval.
9. Inspections, Tests, and System Startups.
a) Advise CLIENT in advance of scheduled major inspections, tests, and system start-ups for important phases of the Work.
b) Verify that tests, equipment, and system start-ups and operating and maintenance training is conducted in the presence
of appropriate personnel and that contractor maintain adequate records thereof.
c) Observe, record, and report to CLIENT appropriate details relative to the test procedures and system start-ups.
d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results
of these inspections, and report to CLIENT.
10. Records.
a) Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract
Documents including all Change Orders, Field Orders, Work Chant Directives, Addenda, additional Drawings issued
subsequent to the execution of the Contract, J-U-B's clarifications and interpretations of the Contract Documents,
progress reports, Shop Drawing and Sample submittals, and other Project -related documents.
b) Prepare a daily report or keep a diary or log book, recording contractors and subcontractors' hours on the Site, weather
conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions,
Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of
observing test procedures; furnish copies of such records to CLIENT.
c) Maintain accurate, up-to-date lists of the names, addresses, e-mail addresses, and telephone numbers of all contractors,
subcontractors, and major suppliers of materials and equipment.
d) Maintain records for use in preparing documentation of the Work.
e) Upon completion of the Work with respect to the Project, fumish a complete set of all RPR Project documentation to
CLIENT.
11. Reports.
a) Furnish to CLIENT periodic reports as required of progress of the Work and of contractor's compliance with the progress
schedule and schedule of Shop Drawing and Sample submittals.
b) Present to CLIENT proposed Change Orders, Work Change Directives, and Field Orders.
c) Furnish to CLIENT copies of all inspection, test, and system startup reports.
d) Report immediately to CLIENT the occurrence of any Site accidents, emergencies, acts of God endangering the Work,
property damaged by fire or other causes, and the discovery or presence of any constituents of concern.
12. Payment Request: Review Applications for Payment for compliance with the established procedure for their submission and
forward with recommendations to CLIENT, noting particularly the relationship of the payment requested to the schedule of
values, Work completed, and materials and equipment delivered at the Site, but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals. During the course of the Work, verify that materials and equipment
certificates, operation and maintenance manuals, and other data required by the Specifications to be assembled and furnished
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-6
by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these
documents delivered to CLIENT for review,
14. Completion.
a) Before issuing a Certificate of Substantial Completion, submit to CLIENT a list of observed items requiring completion or
correction.
b) Observe whether contractor has arranged for inspections required by laws and regulations, including but not limited to
those to be performed by public agencies having jurisdiction over the Project,
c) Participate in a final inspection in the company of CLIENT and contractor and prepare a final list of items to be completed
or corrected with respect to the Work.
d) Observe whether all items on final list have been completed or corrected and make recommendations to CLIENT
conceming acceptance and issuance of CLIENT's Final Notice of Acceptability of the Work.
The RPR shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items).
2. Exceed limitations of J-U-B's authority as set forth in the Agreement for Professional Services .
3. Undertake any of the responsibilities of contractor, subcontractors, suppliers, or contractor's superintendent.
4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or
procedures of construction or of the Work, unless such advice or directions are specifically required by the Contract
Documents.
5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with
the activities or operations of CLIENT or contractor.
6. Participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized.
7. Accept Shop Drawing or Sample submittals from anyone other than J-U-B.
8.. Authorize CLIENT to occupy the Work in whole or in part.
CLIENT'S RESPONSIBILITIES
Except as otherwise provided herein or in the Agreement for Professional Services, CLIENT shall do the following in a timely manner so as
not to delay the Services of J-U-B and shall bear all costs incident thereto:
1. Provide, as may be required for the Project, such legal services as CLIENT may require or J-U-B may reasonably request
with regard to legal issues pertaining to the Project, including any that may be raised by contractor.
2. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job -related
meetings and Substantial Completion, final payment, and other inspections.
3. Give prompt written notice to J-U-B whenever CLIENT observes or otherwise becomes aware of any development that affects
thv of pyrfo.,.....ce or fur, .;shing of J-U-B's Ser.ices, or any defect or .,,,,„formancz in J-U-B's Services or
in the Work of any contractor.
4. Render all final decisions related to: 1) changes or modifications to the terms of the construction contract, 2) acceptability of
the Work, and 3) claims or Work stoppages.
5. Unless included in J-U-B Scope of Services, provide construction staking and materials testing services for the project.
The Client agrees to require all contractors of any tier to carry statutory Workers Compensation, Employers Liability Insurance and
appropriate limits of Commercial General Liability Insurance (CGL). The Client further agrees to require all contractors to have their CGL
policies endorsed to name the Client, the Consultant and its sub -consultants as Additional insureds, on a primary and noncontributory basis,
and to provide Contractual Liability coverage sufficient to insure the hold harmless and indemnity obligations assumed by the contractors.
The Client shall require all contractors to furnish to the Client and the Consultant certificates of insurance as evidence of the required
insurance prior to commencing work and upon renewal of each policy during the entire period of construction. In addition, the Client shall
require that all contractors will, to the fullest extent permitted by law, indemnify and hold harmless the Client, the Consultant and its sub
consultants from and against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in
any way connected with the Project, including all claims by employees of the contractors.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-7
INDEMNIFICATION
In addition to any other limits of indemnification agreed to between the Parties, CLIENT agrees to indemnify and hold harmless J-U-B, and
the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work. This
is to include, but not to be limited to any such claim, cost, loss, or damage that is attributable to bodily injury, sickness, disease, or death,
or to injury to or destruction of tangible property, including the loss of use resulting therefrom to the extent caused by any negligent act
or omission of contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to
perform any of the Work or anyone for whose acts any of them may be liable, as well as any general, special or other economic damages
resultant from Work stoppages or delays that are caused in whole or part by J-U-B's exercise of the rights and duties as agreed herein
(Construction Phase Services).
CLIENT agrees that CLIENT will cause to be executed any such agreements or contracts with contractors, subcontractors or suppliers to
effectuate the intent of this part before any Work is commenced on the Project; if CLIENT negligently fails to do so, CLIENT agrees to fully
indemnify J-U-B from any liability resulting therefrom, to include, but not to be limited to, all costs relating to tendering a defense to any such
claims made.
J-U-B Agreement for Professional Services
Standard Exhibit A — Construction Phase Services (REV 5/20) Page A-0
J-U-B ENGINEERS, Inc. - 2022 Rate Table
Billing
Code
100 Administrative Support
102 Administrative Assistant
104 Senior Administrative Support
110 PFA
112 PFA - Lead
114 PFA - Senior
120 Technical Writer/Graphic Designer
122 Technical Writer/Graphic Designer- Lead
124 Technical Writer/Graphic Designer -Senior
200 Survey Technician
202 Survey Technician - Lead
204 Survey Technician - Senior
210 Assistant Surveyor
212 Assistant Surveyor - Lead
214 Professional Land Surveyor
216 PLS - Lead
218 PLS - Senior
220 PLS - Discipline Lead
228 Assistant Designer
230 CAD Technician - Drafter
232 CAD Technician - Designer
234 CAD Designer - Lead
236 CAD Designer - Senior
240 Project Designer
242 Project Designer - Lead
244 Project Fngineer I
245 Project Engineer II
246 Project Engineer - Lead
74R Prniart rnnineor - Caninr
250 Project Engineer - Discipline Lead
252 Project Engineer - Discipline Lead - Senior
260 Construction Observer
262 Construction Observer - Lead
264 Construction Observer - Senior
270 Construction Management Assistant
272 Construction Manager
274 Senior Construction Manager
276 Construction Manager - Discipline Lead
Labor Category
CONFIDENTIAL
Hourly Billing
Rate Code
Labor Category
$47 300 Planning Technician
$53 302 Planner
$76 304 Planner - Lead
$81 306 Planner - Senior
$99 308 Planner - Discipline Lead
$110 310 Environmental Scientist Assistant
$78 312 Environmental Scientist
$85 314 Environmental Specialist - Lead
$112 316 Environmental Specialist - Senior
$87 318 Environmental Specialist - Discipline Lead
$116 320 TLG Assistant
$139 322 TLG Practitioner
$110 324 TLG Practitioner - Lead
$126 326 TLG Practitioner - Senior
$153 328 TLG Discipline Lead
$170 329 TLG Discipline Lead Senior
$195 330 GIS Technician
$208 332 GIS Analyst
$83 334 GIS Dev. Analyst
$103 336 Senior GIS Analyst
$125 338 Senior GIS Dev. Analyst
$142 340 GIS Discipline Lead
$152 350 Landscape Designer
$130 352 Landscape Architect
$152 354 Landscape Architect - Lead
$168 356 Landscape Architect - Senior
$181 358 Landscape Architect - Discipline Lead
$191 400 Assistant Project Manager
1720 407 Prniert Manager
$220 404 Program Manager
$230 406 Program Manager - Lead
$121 408 Program Manager - Senior
$137 410 Principal (Alternative Category, AM/Officer)
Hourly
Rate
$101
$ 141
$155
$192
$208
$88
$131
$158
$194
$205
$92
$132
$153
$188
$208
$230
$95
$116
$116
$168
$168
$194
$99
$125
$148
$173
$189
$170
$190
$210
$220
$230
$230
$158 1) Rates subject to change on a yearly basis.
$131 2) GPS, mileage, per diem, and other direct costs will be
$179 specified in Project Scopes of Work and budgets. No
$200 direct costs will be charged without Client approval.
$215 3) A 10 percent markup will be applied to Subconsultant fees.
To: Bob Harrison, City Manager
From: Susan Knotts, Buyer II
Date: February 14, 2023
Recommendation of Award RFQ 12247Q Architectural, Engineering and Consultant
Services
Re:
We are pleased to announce the solicitation and evaluation process for a selecting an architectural firm to
provide professional engineering and construction management/inspection services for Airport Grant Projects
for the Yakima Air Terminal -McAllister Field is complete.
On December 12, 2022, Requests for Qualifications (RFQ) were accepted from interested parties to provide the
City with these services. Statement of Qualifications (SOQ) were received from the following firms:
• Century West Engineering
• Design West Architects
• J-U-B Engineers, Inc.
• RS&H, Inc.
• T00 Engineers
Purchasing reviewed the Submittals for responsiveness to the RFQ specifications. All SOQ's submitted were
determined to meet the minimum requirements of the RFQ.
An evaluation committee was formed with the following individuals:
• Rosylen Oglesby, Asst. City Manager
• Jaime Vera, Airport Operations & Maintenance Manager
• Bill Preston, City Engineer
• Sy Ruiz, City Grant Writer
• Theresa Hart, General Manager McCormick Air Center
• Susan Knotts, City Buyer II (facilitator, non -voting)
The Evaluation Committee was sent all SOQ's for review and scoring. The committee members then scored the
SOQ's using the following scoring matrix, as listed in the RFQ.
1
2
3
Evaluation Criteria
Proposed project organization and approach to the work
Directly related experience on similar projects complying with
FAA requirements and a list of personnel that would be
associated with the Project, including references.
Capability and availability of personnel and the team including
specialized services.
4 Degree of interest and responsiveness shown in undertaking the
projects.
Susan Knotts, CPPO, CPPB, NIGP-CPP
Buyer II, Purchasing Division
Office: 509-575-6095
Susan.Knotts@YakimaWA.Gov
Maximum
Points Allowed
25
25
25
15
5
6
7
8
Anticipated sub -consultants.
The ability of the firm to act as a Client Services Advisor that
would provide unsolicited overviews, comments and suggestion
on the use existing and future facilities and services, and offer
recommendations for improvements, cost savings, planned
scheduled maintenance and etc. that will maximize the existing
and future use and growth, of the airport and tenants.
Ability to demonstrate an understanding of the projects' needs
and special challenges, and the YKM's special concerns.
Current workload and demonstrated ability to meet schedules or
deadlines.
10
10
10
25
Total:
145
The Proposals were scored on eight different criteria, totaling 145 points. With the five voting committee
members, there was a maximum total of 725 points possible (145 total points for each evaluator). On January
5, 2023, the committee met to discuss the SOQ's and scores were tabulated, ranked from highest to lowest:
• J-U-B Engineers, Inc. Total: 713
• Century West Engineering Total: 653
• T*0 Engineers Total: 646
• RS&H, Inc. Total: 606
• Design West Architects Total: 523
Because the difference between the highest scoring firm and the second highest scoring firm was 69 points,
interviews/presentations were not conducted. Reference checks were completed and all were very favorable.
The committee recommends ..14.1-B Engineers, Inc., as the selected firm.
Please approve this Recommendation of Award, for these services. The final Agreement will be presented to
you after approval of the City Council.
Bob Harrison, City Manager
Susan Knotts, CPPO, CPPB, NIGP-CPP
Buyer II, Purchasing Division
Office: 509-575-6095
Susan.KnottsYakimaWk.Gov
EVALUATION COMBINED SCORING — Written Responses
T•O Engineers
RS&H Inc.
1.
— zCA 0
25+22+20+23+25
25+22+20+22+20
25+24+25+24+25
24+20+20+23+15
23+22+25+24+25
25 Points Ea.
ti
Proposed project organization and approach to the work.
22+23+20+24+25
25+24+15+23+25
24+24+20+25+25
19+18+20+15+10
24+22+20+24+25
00
00
1f)
141
N
r
25+22+20+23+20
24+24+25+25+25
20+18+20+20+15
22+22+20+25+15
25 Points Ea.
ti
er
O
10
13+13+10+15+15
10+11+10+10+10
15+15+15+15+15
13+7+10+15+5
15+12+15+15+15
15. Points Ea.
9+9+10+8+10
9+9+7+9+10
8+9+10+10+9+10
10+5+8+7+5
4+9+10+9+5
10 Points Ea.
4.0
b
P.•
10
d
Anticipated sub -consultants
5+10+10+9+10
10+9+10+8+10
10+10+10+10+10
5+5+8+5+5
5+8+10+9+10
er
N
et
00
N
er
O
O
7.4
9+7+10+9+10
9+8+10+9+0
10+10+10+10+10
8+7+8+5+0
9+8+10+10+1
10 Points Ea.
1n
O
00
N
f0
0
an
25+23+15+23+20
20+22+15+23+20
24+24+25+25+25
25+22+20+25+25
25 Points Ea.
133+129+115+
132+125+102+
117+102+114+
127+125+130+
N
+
O
M_
+
B US INE S S O F T HE C I T Y C O UNC I L
YAK I M A, WAS HING T O N
AG E ND A S TAT E M E NT
I tem No. 6.H.
F or Meeting of: February 21, 2023
I T E M T IT L E :Resolution awarding R F Q 12247Q and authorizing execution of
agreement with J -U-B Engineers, I nc., for Architectural,
E ngineering and Consultant S ervices at the Yakima Air
Terminal/McAllister Field
S UB M IT T E D B Y:*Rosylen Oglesby, A ssistant City Manager
S usan Knotts, Acting P urchasing Manager
S UM M ARY E X P L ANAT I O N:
On December 12, 2022, the City of Yakima solicited for Request for Qualifications (R F Q) titled
A rchitectural, Engineering and Consultant Services for the Yakima A ir Terminal/Mc A llister F ield.
Recommendation was made to award R F Q 12247Q to J -U-B Engineers, I nc., and was
approved by Rosylen Oglesby, Assistant City Manager. This R F Q and Contract takes the place
of R F Q 11720Q titled A rchitect, Planning and Engineering S ervices.
I T E M B UD G E T E D:Yes
S T RAT E G I C P RI O RI T Y:P ublic S afety
AP P RO V E D F O R S UB M IT TAL B Y T HE C IT Y M ANAG E R
RE C O M M E ND AT I O N:
A dopt Resolution
AT TAC HM E NT S :
Description Upload Date Type
Resolution to Award & Sign Contract 12247Q 2/14/2023 Resolution
FAA Master Agreement Professional Services 12247Q 2/14/2023 Contract
Memo Recommendation of Award 2/14/2023 Backup Material
1