HomeMy WebLinkAbout04/05/2016 05K Engineering Services Agreement with Huibregtse, Louman Associates, Inc.; Snow Removal EquipmentBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.K.
For Meeting of: April 5, 2016
ITEM TITLE: Resolution authorizing agreement with Huibregtse, Louman Associates
for engineering services to design and provide construction
administration for acquiring Snow Removal Equipment at the Yakima
Air Terminal
SUBMITTED BY: Robert Peterson, Airport Manager 509 -575 -6149
SUMMARY EXPLANATION:
The Yakima Air Terminal is a Federal Aviation Administration (FAA) Part 139 certificated airport. The FAA
requires that the Yakima Air Terminal maintain an approved Snow and Ice Control Plan. This plan outlines
areas on the airfield where airfield maintenance staff is required to remove snow, which allows commercial,
corporate, and general aviation aircraft to safely traverse the airport during inclement weather. In order to
meet these requirements, the airport needs specialized snow removal equipment authorized by the FAA to
remove snow, slush, and ice from Runways, Taxiways, and Aprons. If the airport fails to meet these
requirements, the FAA could implement fines, withhold grant funds, or revoke the airport's operating
c ertific ate, thereby discontinuing all commercial air service at the airport.
Resolution: X Ordinance: X
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: Yes Amount:
Funding Source/Fiscal Federal Aviation Administration - Grant
Impact: 90% Airport Improvement Program and 10% local funds /Passenger
Facility Charges
Strategic Priority: Public Safety
Insurance Required? Yes
Mail to:
Phone:
APPROVED FOR City Manager
SUBMITTAL:
RECOMMENDATION:
Staff recommends City Manager and City Council review and approve the Engineering Services Agreement in
order to design and acquire Snow Removal Equipment for the Yakima Air Terminal.
ATTACHMENTS:
RESOLUTION NO. R -2016-
A RESOLUTION authorizing the City Manager to execute an Engineering Services Agreement
with Huibregtse, Louman Associates, Inc. (HLA), in the amount not to exceed
$44,713.00 to provide Engineering Services for design and construction
administration for Snow Removal Equipment.
WHEREAS, City owns and operates Yakima Air Terminal in accordance with applicable
Federal, State and Local regulations; and
WHEREAS, the City maintains a roster of consultants whose statements of qualifications
represent that they have the expertise necessary to perform the services required by the City; and
WHEREAS, the State of Washington requires these services to be performed by a Professional
Licensed Engineer; and
WHEREAS, the Yakima Air Terminal is a Federal Aviation Administration Part 139 certificated
airport, which is regulatory in nature to maintain a Snow and Ice Control Plan where the airport is
required to have such Snow Removal Equipment to efficiently and effectively remove snow from
Runways, Taxiways, and Aprons,
WHEREAS, the City Council has determined that it is in the best interest of the City to enter into
a Engineering Services Agreement with HLA for design and construction administration for Snow
Removal Equipment (Carrier and Broom). Design and construction administration will include assisting
airport administration in submitting a grant application, designing Snow Removal Equipment in
accordance with applicable Federal Aviation Administration - Advisory Circulars, providing construction
administration during the receipt and testing of equipment, and assist airport administration with grant
closeout processes; and
WHEREAS, the Yakima Air Terminal has coordinated with the Federal Aviation Administration
through the airport's Capital Improvement Plan to utilize approximately $1,170,000 (90 %) of Federal
Entitlements in the form of a Grant, and approximately $130,000 (10 %) as a local match to fund the
Engineering Services Agreement, and construction administration and acquisition of Snow Removal
Equipment; and
WHEREAS, the engineer will perform the services in the project during the 2016 calendar year.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached and incorporated Engineering
Services Agreement with HLA in the amount not to exceed forty -four thousand and seven hundred and
thirteen dollars ($44,713.00), to provide Engineering Services for design and acquisition of the airport's
Snow Removal Equipment.
ADOPTED BY THE CITY COUNCIL this 5th day of April, 2016.
ATTEST:
Sonya Claar Tee, City Clerk
Avina Gutierrez, Mayor
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Snow Removal Equipment Procurement
AIP Project No. 3-53-0089-38
This Agreement, made this day of 2016, by and between Yakima Air
Terminal, 2406 West Washington Avenue, Suite B, Yakima, Washington 98903, hereinafter
called the "OWNER" and HLA Engineering and Land Surveying, Inc. (HLA), 2803 River Road,
Yakima, Washington 98902, hereinafter called the "ENGINEER."
WITNESSETH, that the OWNER intends to improve the Yakima Air Terminal at Yakima,
Washington, consisting of the following items:
1. Procurement of two (2) Snow Sweeper and Carrier Vehicles,
The OWNER hereby employs the ENGINEER and the ENGINEER accepts and agrees to
perform the following services for the Project during the 2016 calendar year.
A. PROJECT FORMULATION
The ENGINEER shall provide the following services under this work phase:
1. Assist the OWNER with preparation of an AIP Grant Application for the
purchase of Snow Removal Equipment.
2. Identify existing technical data and procure SAE standard specifications for the
Snow Sweeper and Carrier Vehicle. Procurement of Multi-tasking Equipment
defined by the Federal Aviation Administration (FAA) Advisory Circulars (AC) is
not anticipated.
1 It is anticipated this Project will not require any Reimbursable Agreements with
the Federal Aviation Administration (FAA).
2. Coordinate with the FAA project manager regarding level and extent of the
requirements within the predesign checklist and conduct the predesign
conference.
1 Assist OWNER with coordination of available FAA funding.
4. Prepare Design Report for Equipment using guidance 2013-04 dated
December 26, 2012. The following specific items will be included and will
follow guidance provided in AC 150/5200-30C and AC 150/5220-20A:
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a. Identify and list existing equipment inventory.
b. Identify and calculate Priority 1 pavement areas using the Airport's Snow
and Ice Control Plan.
c. Prepare analysis to justify equipment size and amount of snow removal
equipment using AC 150/5220 -20A.
5. Submit 60 percent level documents for FAA and Owner review. Participate in
conference calls to review and address comments. (8 Hours)
6 Prepare Contract Documents and technical specifications to procure two high
speed broom and carrier vehicles using SAE specifications, AC 150/5370 -10G
dated July 21, 2015, and AC 150/5220 -20A dated September 24, 2014, as the
basis of the technical specifications. Include FAA special conditions in Contract
Documents.
7. Incorporate OWNER comments into bid documents for submission to FAA.
8. Incorporate FAA comments into bid documents.
9. Prepare ENGINEER's estimate.
10. Conduct in -house quality control review.
11. Submit final documents to the OWNER and FAA for review and approval.
12. The ENGINEER shall provide twenty (20) sets of the approved Contract
Documents to supply contractors requesting documents for purposes of
bidding, and shall furnish the FAA and the OWNER each with one set of
Contract Documents for their files.
13. Assist the OWNER with readiness to advertise for bids. All advertising fees to
be paid by the OWNER.
14. Attend one (1) meeting with airport representatives to set bid dates.
C. BIDDING
1. Assure approval from the FAA and OWNER prior to soliciting bids.
2. Assist the OWNER with readiness to advertise for bids and attend one (1)
meeting with airport representatives to set bid dates.
3. Coordinate and develop advertising for publications for one bid package and
provide to City of Yakima Purchasing Department. Advertising fees will be paid
by the OWNER.
4. The ENGINEER shall provide twenty (20) sets of the approved Contract
Documents to supply contractors requesting documents for purposes of
bidding, Plan Centers, and shall furnish the FAA and the OWNER each with
one set of Contract Documents for their files.
5. Assist the OWNER in answering questions during bidding. Prepare addenda
as necessary to clarify bid documents.
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6 Conduct bid opening and interpret bids for compliance with Contract
Documents.
7. Provide submittal review of all submittals required at time of project bid.
8. Analyze and check bid extensions and recommend lowest responsible bidder
to the FAA and OWNER.
1 a With FAA and OWNER concurrence, issue notification of award and monitor
contract execution. Coordinate with successful contractor, hereinafter called
"Contractor," delivery of Contract Documents (insurance, bonds, contract, etc.).
2. Provide on-site construction observation personnel when equipment is
delivered and during equipment training by the Contractor to include one (1)
full-time project engineer, in the implementation of the Project as defined in the
construction contract on a daily basis to keep records, notes, plans and maps
for use in confirming the equipment meets the Contract Documents. (Two (2),
8-hour working days). The purpose of this task is to conduct the final
inspection and to note any discrepancies.
The ENGINEER's undertaking hereunder shall not relieve the Contractor of his
obligation to perform the work in compliance with the Contract Documents in a
workmanlike manner; shall not make the ENGINEER an insurer to the
Contractor's performance; and shall not impose upon the ENGINEER any
obligation to determine the work is performed in a safe manner.
3. Review and verify certificates of compliance submitted by the Contractor
comply with the Contract Documents.
4. Confirm required Operations and Maintenance Manuals supplied by the
Contractor meet the requirements of the Contract Documents.
5. The ENGINEER shall review Contractor's quantities and provide
recommendation to the OWNER for payment requests by performing the
following:
a. Verify field equipment components.
b. Based on field verification and compliance with the Contract Documents,
prepare monthly progress payment requests and submit to OWNER for
payment to Contractor.
6, Notify the OWNER of any project work which does not conform to the result
required in the construction contract, prepare a written report describing any
apparent non-conforming project work and make recommendations to the
OWNER for its correction and, at the request of the OWNER, have the
recommendations implemented by the Contractor.
7a Make recommendations to the OWNER on all claims relating to the execution
and progress of the construction work.
8. Provided the ENGINEER observes and reviews pursuant to the terms of this
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Agreement, the ENGINEER shall not be responsible for the defects or
omissions in the work as a result of the Contractor, or any subcontractors, or
any of the Contractor's or subcontractors employees, or that of any other
person or entities responsible for performing any of the work contained in the
construction contract.
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1 a Final reports: Prepare and submit the final project report to meet FAA
requirements in Engineering Guidance 2013-12 dated 12/10/2013.
a. Prepare a final project report including project summary and cost data for
submittal and approval to OWNER and the FAA.
2. Assist OWNER in project closeout for AIP # 3-53-0089-38. Prepare and supply to
OWNER documentation necessary to close out project with FAA.
Finalize Scope of Services
March 15, 2016
Fee Proposal
March 15, 2016
Engineering Services Agreement
March 15, 2016
Design and Construction Documents
April — May 2016
Advertise for Bids
May 2, 2016
Bid Opening
May 26, 2016
Begin Construction
June 20, 2016
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The OWNER shall pay the ENGINEER the following fees as complete compensation for
all services rendered as herein agreed:
A. The OWNER shall pay the ENGINEER for the services as set forth in Section I of
this Agreement, on a cost plus fixed fee plus direct non-salary costs. Direct salary
cost shall be per Exhibit B of this Agreement.
The fee for services set forth in Section IA 1.13, I.C, I.D, and LE is $44,713.00, not to
exceed.
B. Fee for services over the estimated total will be negotiated and agreed upon
between the OWNER and the ENGINEER in writing prior to performance of said
services.
C. ENGINEER will submit monthly invoices on or about the first day of the month for
ENGINEER's Professional Services actually completed during the prior month.
OWNER agrees to pay the invoiced amounts within 45 days of receipt of invoice.
A. The OWNER shall make available to the ENGINEER all technical data that is in the
OWNER's possession required by the ENGINEER relating to his work.
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B. The OWNER shall pay for all permits and licenses that may be required by local,
state, or federal authorities; and shall secure the necessary land, easements, and
rights of way required for the Project.
A. OWNER's review or approval of, or payment for, any plans, drawings, designs,
specifications, reports, and incidental work or services furnished hereunder shall not
in any way relieve the ENGINEER of responsibility for the technical adequacy,
completeness, or accuracy of its work and the project work. OWNER's review,
approval, or payment for any of the services shall not be construed to operate as a
waiver of any rights under this Agreement or at law or any cause of action arising out
of the performance of this Agreement.
B. In performing work and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as
independent contractors and shall not be deemed or construed to be employees or
agents of OWNER in any manner whatsoever. The ENGINEER shall not hold itself
out as, nor claim to be, an officer or employee of OWNER by reason hereof and will
not make any claim, demand, or application to or for any right or privilege applicable
to an officer or employee of OWNER. The ENGINEER shall be solely responsible
for any claims for wages or compensation by ENGINEER employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and
hold OWNER harmless therefrom.
I •,
1'_: ENGINEER agrees to defend, indemnify, and hold harmless the OWNER, its
elected officials, agents, officers, and employees (hereinafter "parties
protected ") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings, and (2) judgments, awards, losses, liabilities, damages, penalties,
fines, costs and expenses (including legal fees, costs, and disbursements) of
any kind claimed by third parties arising out of, or related to any death, injury,
damage or destruction to any person or any property to the extent caused by
any negligent act, action, default, error or omission or willful misconduct arising
out of the ENGINEER's performance under this Agreement. In the event that
any lien is placed upon the OWNER's property or any of the OWNER's officers,
employees or agents as a result of the negligence or willful misconduct of the
ENGINEER, the ENGINEER shall at once cause the same to be dissolved and
discharged by giving bond or otherwise.
2. OWNER agrees to indemnify, defend, and hold the ENGINEER harmless from
loss, cost, or expense, including legal fees, of any kind claimed by third parties,
including without limitation such loss, cost, or expense resulting from injuries to
persons or damages to property, to the extent caused by the negligence or
willful misconduct of the OWNER, its employees, or agents in connection with
the Project.
3. If the negligence or willful misconduct of both the ENGINEER and the OWNER
(or a person identified above for whom each is liable) is a cause of such third
party claim, the loss, cost, or expense shall be shared between the ENGINEER
and the OWNER in proportion to their relative degrees of negligence or willful
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misconduct and the right of indemnity will apply for such proportion.
4. Nothing contained in this Section or this AomeanneMt shall be construed to
create a liability ora right ofindemnification in any third party.
D. in any and all {J8ima by an employee of the ENGINEER, any subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them
may be liable, the indemnification obligations under this Agreement shall not be
limited in any way by any limitation on the amount Or types Of damages,
compensation, or benefits payable by or for the ENGINEER or a subcontractor under
workers' orworkmeOG' compensation @Cto, disability benefit RCt8, or other employee
benefit acts.
E, It is understood that any resident engineering or inspection provided by ENGINEER
is for the purpose of determining compliance with the technical provisions of Project
epeCdDCaUonS and does not constitute any fOnn of guarantee or insurance with
respect to the performance of @ contractor. ENGINEER does not assume
responsibility for methods Or appliances used by a contractor, for a contractor's
safety programs or [nethodo. Or for compliance by contractors with |8vxe and
regulations. OWNER 8hG|| use its best efforts to ensure that the construction
contract requires that the Contractor(s) indemnify and name OWNER, theC)VVNER'8
and the ENG|yJEER'o officenm, principals, employees, 8Qent0, representatives, and
engineers aoadditional insureds on contractor's insurance policies covering Project,
exclusive of insurance for ENGINEER professional liability.
F. SUBSURFACE INVESTIGATIONS: In soi|s, foundation, groundwater, and other
subsurface investiQEdiono, the actual dlaraCt8h8Uos may vary significantly between
successive test pmirdo and e@rOp|e iDten/G|a and at locations other than where
Ob0en/atiOn, exp|or@tiOn, and investigations have been made. Because of the
inherent uncertainties in subsurface eva|uatiOns, changed or unanticipated
underground conditions may occur that could affect total Project cost and/or
executiOn. These conditions and cost/execution effects are not the responsibility of
the ENGINEER, tOthe extent that ENGINEER has exercised the applicable standard
of professional care and judgment insuch investigations.
A. At all tinit0 during performance of the work, ENGINEER shall secure and maintain in
effect insurance to protect the OWNER and ENGINEER from and against GU o|ainnS'
damages, losses, and expenses arising out ofO[resulting from the performance of
this Agreement. ENGINEER shall provide and maintain in force insurance in limits
no |eoS than that stated be|Oxv' as applicable. The OWNER reserves the right to
require higher limits should it deem it necessary in the best interest of the public.
G�Contracts & Task Orders\Yakima Air Term inal\2016-3-07 Snow Removal Engineering Services xemomom.do Page
the OWNER, its elected officials, officers, agents, employees, and volunteers
as additional insureds. The insured shall not cancel or change the insurance
without first giving the OWNER thirty (30) calendar days prior written notice.
The insurance shall be with an insurance company or companies rated A-VI I or
higher in Best's Guide and admitted in the State of Washington.
a. If ENGINEER owns any vehicles, before this Contract is fully executed by
the parties, OIC shall provide the OWNER with a certificate of insurance
as proof of commercial automobile liability insurance and commercial
umbrella liability insurance with a total minimum liability limit of Two
Million Dollars ($2,000,000.00) per occurrence combined single limit
bodily injury and property damage. Automobile liability will apply to "Any
Auto" and be shown on the certificate.
b, If ENGINEER does not own any vehicles, only "Non-owned and Hired
Automobile Liability" will be required and may be added to the commercial
liability coverage at the same limits as required in that section of this
Agreement, which is Section V.A.1. entitled "Commercial Liability
Insurance."
Under either situation described above in Section V.A.2.a. and Section
V.A.2.b., the required certificate of insurance shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy
and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy shall name the OWNER, its
elected officials, officers, agents, employees, and volunteers as additional
insureds. The insured shall not cancel or change the insurance without
first giving the OWNER thirty (30) calendar days prior written notice. The
insurance shall be with an insurance company or companies rated A-VII
or higher in Best's Guide and admitted in the State of Washington.
3. Statutory workers' compensation and employer's liability insurance as required
by State law.
4. Professional Liabilily Coverage: Before this Agreement is fully executed by the
parties, ENGINEER shall provide the OWNER with a certificate of insurance as
proof of professional liability coverage with a total minimum liability limit of Two
Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000.00) aggregate. The
certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Agreement. The insured shall
not cancel or change the insurance without first giving the OWNER thirty (30)
days prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide. If the policy is written on a
claims made basis, the coverage will continue in force for an additional two
years after the completion of this Agreement.
Failure of either or all of the additional insureds to report a claim under such
insurance shall not prejudice the rights of the OWNER, its officers, employees,
agents, and representatives thereunder. The OWNER and the OWNER's
officers, principals, employees, representatives, and agents shall have no
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obligation for payment of premiums because of being named as additional
insured under such insurance. None of the policies issued pursuant to the
requirements contained herein shall be canceled, allowed to expire, or changed
in any manner that affects the rights of the OWNER until thirty (30) days after
written notice to the OWNER of such intended cancellation, expiration or
change.
A. The ENGINEER reserves the right to obtain the services of other Consulting
Engineers experienced in Airport work to prepare and execute the work which is
related to the Project within the scope of services and fees contained herein. All
subconsultants are subject to the review and approval of the OWNER. The OWNER
acknowledges that quality assurance testing, electrical, and pavement specialist
subconsultants will be utilized for this Project.
B. During the performance of this Agreement, the ENGINEER, for itself, its assignees
and successors in interest (hereinafter referred to as the "Contractor") agrees to
comply with the following requirements:
1. Access to Records and Reports. (2 CFR § 200.326 and 2 CFR § 200.333)
2. Civil Rights — General. (49 USC § 47123)
3. Civil Rights — Title VI Assurances. (49 USC § 47123 and FAA Order 1400. 11)
4. Breach of Contract Terms. (2 CFR part 200, Appendix //A)
5. Federal Fair Labor Standards Act. (29 USC C 201, et seq.)
6. Lobbying and Influencing Federal Employees. (49 CFR part 20, Appendix A)
7. Occupational Safety and Health Act of 1970. (20 CFR part 1910)
8. Right to Inventions. (2 CFR § 200Appendix 11fl)
9. Termination of Contract. (2 CFR § 200 Appendix 11(B))
10. Trade Restriction Clause. (49 CFR part 30)
11. Certification Regarding Debarment. (2 CFR part 18012 CFR part 1200)
12. Disadvantaged Business Enterprise. (49 CFR part 26)
13. Distracted Driving. (Executive Order 13513 DOT Order 3902. 10)
14. Energy Conservation Requirements. (2 CFR § 200, Appendix // H)
15. Veteran's Preference. (49 USC § 47112 c)
VIII. TERMINATION OF AGREEMENT
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A. The Owner may, by written notice to the Consultant, terminate this Agreement for
its convenience and without cause or default on the part of the Consultant. Upon
receipt of the notice of termination, except as explicitly directed by the OWNER, the
Consultant must immediately discontinue all services affected.
B. Upon termination of the Agreement, the Consultant must deliver to the OWNER all
data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the
ENGINEER under this Contract, whether complete or partially complete.
C. OWNER agrees to make just and equitable compensation to the Consultant for
satisfactory work completed up through the date the Consultant receives the
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termination notice. Compensation will not include anticipated profit on non-
performed services.
Dt OWNER further agrees to hold the Consultant harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
19 :11 V & I 104 F-A 9 [Q 04 1 go] :4 a] :1
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 seven (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.
Termination by OWNER: The OWNER may terminate this Agreement in whole or in
part, for the failure of the Consultant to:
1. Perform the services within the time specified in this Contract or by OWNER
approved extension;
2. Make adequate progress so as to endanger satisfactorily performance of the
project;
3. Fulfill the obligations of the Agreement that are essential to the completion of the
project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue
all services affected unless the notice directs otherwise. Upon termination of the
Agreement, the Consultant must deliver to the OWNER all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this Contract, whether
complete or partially complete.
OWNER agrees to make just and equitable compensation to the Consultant for
satisfactory work completed up through the date the Consultant receives the termination
notice. Compensation will not include anticipated profit on non-performed services.
OWNER further agrees to hold the Consultant harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the OWNER determines the Consultant
was not in default of the Agreement, the rights and obligations of the parties shall be
the same as if the OWNER issued the termination for the convenience of the OWNER.
Termination by Consultant: The Consultant may terminate this Agreement in whole or
in part, if the Owner:
1. Defaults on its obligations under this Agreement;
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2. Fails to make payment to the Consultant in accordance with the terms of this
Agreement;
3. Suspends the Project for more than 180 days due to reasons beyond the control of
the Consultant.
Upon receipt of a notice of termination from the Consultant, OWNER agrees to
cooperate with Consultant for the purpose of terminating the Agreement or portion
thereof, by mutual consent. If OWNER and Consultant cannot reach mutual
agreement on the termination settlement, the Consultant may, without prejudice to any
rights and remedies it may have, proceed with terminating all or parts of this
Agreement based upon the OWNER's breach of the Contract.
In the event of termination due to OWNER breach, the ENGINEER is entitled to invoice
OWNER and to receive full payment for all services performed or furnished in
accordance with this Agreement and all justified reimbursable expenses incurred by
the Consultant through the effective date of termination action. OWNER agrees to hold
Consultant harmless for errors or omissions in documents that are incomplete as a
result of the termination action under this clause.
The OWNER and the ENGINEER hereby certify that the ENGINEER has not been
required, directly or indirectly, as an express or implied condition in connection with
obtaining or carrying out this Agreement to:
A. Employ or retain, or agree to employ or retain, any firm or persons.
B. Pay, or agree to pay, to any firm, person, or organization any fee, contribution,
donation, or consideration of any kind.
A. The OWNER and ENGINEER each bind themselves, their partners, successors,
executors, administrators, and assigns to the other parties to this Agreement, and to
the successors, executors, administrators, and assigns of such other party in respect
to all covenants of this Agreement.
B, Except as above, neither the OWNER nor the ENGINEER shall assign, sublet, or
transfer their interest or obligation hereunder in this Agreement without the written
consent of the other.
C. It is understood by the OWNER and the ENGINEER that the FAA is not a party to
this Agreement and will not be responsible for engineering costs except as should be
agreed upon by the OWNER and the FAA under a Grant Agreement for the Project.
Owner approval of this Engineering Services Agreement is conditioned upon and
subject to FAA approval.
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The ENGINEER agrees to comply with pertinent statutes, Executive Orders and such
rules as are promulgated to ensure that no person shall, on the grounds or race, creed,
color, national origin, sex, age, Or disability be excluded from participating in any activity
conducted with Or benefiting from Federal assistance.
This provision binds the ENGINEER and aubU8r ENGINEERS from the bid solicitation
period through the completion ofthe contract. This provision isin addition to that required
of Title VI of the Civil Rights Act of 1964.
11, In jymi
C)Uhng the performance Of this Contract, the Ey4CS|NEER, for itself, its assignees, and
successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
MATERIALS AND EQUIPMENT: In all solicitations, either hv competitive bidding, or
negotiation made by the Contractor for work to be performed under 8 aubCOntract,
including procurements of nn8teha|8' or leases of equipOnent, each potential
subcontractor Or supplier will be notified by the Contractor of the Contractor's
obligations under this Contract and the Nondiscrimination Acts and Authorities on the
grounds of race, color, or national origin.
1. Withholding payments to the Contractor under the Contract uDb| the Contractor
complies; and/or
2. Cancelling, terminating, or suspending a contn8{t, in whole or in part.
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A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
B. 49 CFR part 21 (Non-discrimination in Federally- Assisted Programs of the
Department of Transportation - Effectuation of Title VI of The Civil Rights Act of
1964);
C. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
H. Titles 11 and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of
Transportation regulations at 49 CFR parts 37 and 38;
I. The FAA's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination
on the basis of race, color, national origin, and sex);
G:\Contracts & Task Orders\Yakima Air Term inal\2016-3-07 Snow Removal Engineering Services Agreement.doc Page 12
ED
Executive Order 12898. Federal Actions to Address Environmental Justice in
Minority Populations and LoVV|nCORle POpU|EdioOS' which ensures nODdiSCrOliD8UOD
against minority populations by discouraging programs, po|ioieo, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
K. 'Executive Order 13186. Improving Access 1O Services for Persons with Limited
English Proficiency, and na8uUUn8 agency guidance, national origin discrimination
includes discrimination because Of limited English proficiency (LEP). To onGuna
compliance with Title VI, you must take reasonable steps tO ensure that LEPpersons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title |X of the Education Amendments of 1872' 88 amended, which prohibits you from
discriminating because of sex in education programs or activities /20 U.S.C. 1681 et
Goq/.
A. It i8 the policy Of the Department of Transportation (DOT) that minority
business enterprises as defined in 49 CFR Pad 23 shall have the nl2xinnunn
opportunity to participate in the performance of contracts financed in whole or in part
with federal funds under this Agreement.
B. he Contractor agrees to ensure that minority business
enterprises as defined in 49 CFR Part 23 have the rD@xinnUnn opportunity to
participate in the performance of contracts and subcontracts financed in whole or in
part with federal funds provided under this Agreement. In this regard, all contractors
shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to
ensure that minority business enterprises have the maximum opportunity to compete
for and perform contracts. Contractors shall not discriminate on the basis of race,
om|mr' national origin, or sex in the award and performance of DOT-assisted
contracts.
In the event suit or action be instituted to enforce any of the terms or conditions of this
Agreement, the losing party shall pay to the prevailing party, in addition to the costs and
disbursements allowed by statute, such sum as the court may adjudge reasonable as
attorney fees in such suit or @{tiOn, in both trial and appellate court. Since the FAA i3 not
a party to this Agreement, it cannot be held liable for actions under this section.
This Agreement shall be governed bv the laws Of the State OfWashington. Venue shall be
in Yakima County.
o:\ContractsmTask Orders\Yakima Air Term mal\2010-3-07 Snow Removal Engineering Services Agreement.doc Page 13
IN WITNESS WHEREOF, the OWNER and the ENGINEER hereto have made and executed
this Agreement the day and year first above written.
OWNER: ENGINEER:
CITY OF YAKIMA HLA ENGINEERING AND LAND SURVEYING,
INC.
BY: BY:
Jeff Cutter Michael T. Battle, Oresident
ATTEST:
Sonya Claar Tee
TITLE: City Clerk
G:kContracts & Task OrderskYakima Air Terminal\2016-3-07 Snow Removal Engineering Services Agreement.doc Page 14
5mr� c�
G:\Contracts & Task Orders\Yakima Air Term inal\2016-3-07 Snow Removal Engineering Services Agreement.doc
I o O � HIN , Y Mt I� * 'Ilh -
G: \Contracts & Task Orders \Yakima Air Terminal \2016 -3 -07 Snow Removal Engineering Services Agreement.doc
1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
bidder or offeror, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
G:\Contracts & Task Orders\Yakima Air Term inal\2016-3-07 Snow Removal Engineering Services Agreement.doc
3. The undersigned ohaUrequina1h8tUle|@nguageofUhiaoartificatkonbeinclUdedinthe
axv@nd documents for all sub-awards at all tiers (including suboontracte, oub-onanto,
and contracts under grants, loans, and cooperative agreements) and that all sub-
recipients 8hB|| certify and diao|O8e accordingly.
This certification is @ material representation of fact Upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1952. title 31. U.S. Code. Any
person who fails tO file the required certification shall be subject to a civil penalty of not |e8a
than $10.00O and not more than $10U.00O for each such failure.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements Of 29 CFFl Part 1910 with the same force and effect as if given in full text.
Contractor must provide a work environment that is free from recognized hazards that may
cause death mrserious physical harm tmthe employee. The Contractor retains full responsibility
tm monitor its compliance and their subcontractor's compliance with the applicable requirements
of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must
address any claims or disputes that pertain to a referenced requirement directly with the U.S.
Department Of Labor — Occupational Safety and Health Administration.
RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental, developmental, or
research work must provide for the rights of the Federal Government and the Owner in any
resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit
Organization and Snna|| Business Firms under Government Grants, Contracts, and Cooperative
Agreements. This Contract incorporates by reference the patent and inventions rights as
specified within inthe 37CFR part 4O1.14. Contractor must include this requirement in all sub-
tier contracts involving experimental, developmental or research work.
TRADE RESTRICTION CLAUSE
By submission of an offer, the CJfhenmr certifies that with respect to this solicitation and any
resultant contract, the Offeror:
A. Is not owned or controlled by one or more citizens of a foreign country included in the
list Of countries that discriminate against U.S. firms published by the Office of the
United States Trade Representative (USTR);
B. Has not knowingly entered into any contract or subcontract for this project with 8
person that is @ citizen Or national of o foreign country included On the list of
countries that discriminate against U.S. firms ag published by the USTFK;and
C. Has not entered into any subcontract for any product to be used on the Federal on
the project that i8 produced in afOn0ign country included on the list Of countries that
discriminate against the U.G. firms published by the UGTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of afa|se. fictitious, or fraudulent certification may render the maker
subject tO prosecution under Title 18. United States Code, Section 1001.
The Offeror/Contractor must provide immediate written notice to the OWNER if the
offeror/Contractor learns that its certification r that of 8 subcontractor was erroneous when
G:\Contracts & Task Orders\Yakima Air Terminal\2016-3-07 Snow Removal Engineering Services Agreement.doc
submitted or has become erroneous by reason of changed circumstances. The Contractor must
require subcontractors provide immediate written notice to the Contractor 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 an Offeror or subcontractor:
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
USTR;
2. Whose subcontractors are 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 USTR; or
3. Who incorporates in the public works project any product of a foreign country on such
USTR 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 contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate
this provision for certification without modification in all lower tier subcontracts. The Contractor
may rely on the certification of a prospective subcontractor 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
USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the Contractor or subcontractor knowingly
rendered an erroneous certification, the FAA may direct through the OWNER cancellation of the
Contract or subcontract for default at no cost to the OWNER or the FAA.
mag��94y=
In the employment of labor (excluding executive, administrative, and supervisory positions), the
Contractor and all sub-tier contractors must give preference to covered veterans as defined
within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era
veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans.
This preference only applies when there are covered veterans readily available and qualified to
perform the work to which the employment relates.
TEXTING WHILE DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving"
(12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety
policies that decrease crashes by distracted drivers, including policies to ban text messaging
while driving when performing work related to a grant or sub-grant.
In support of this initiative, the Owner encourages the Contractor to promote policies and
initiatives for its employees and other work personnel that decrease crashes by distracted
G:\Contracts & Task Orders\Yakima Air Terminal\2016-3-07 Snow Removal Engineering Services Agreement.doc
drivers, including policies that ban text messaging while driving motor vehicles performing work
activities associated with the project. The Contractor must include the substance of this clause
in all sub-tier contracts exceeding $3,500 and involve driving motor vehicle in performance of
work activities associated with the project.
G:\Contracts & Task Orders\Yakima Air Term inal\2016-3-07 Snow Removal Engineering Services Agreement.doc
G:\Contracts & Task Orders\Yakima Air Term inal\2016-3-07 Snow Removal Engineering Services Agreement.cloc
Consultant Cost Computations - Summaty Sheet
(Cost Plus Fixed Fee, Cost Per Unit of Wo
Classification
Rate
Senior Principal Engineer
$70.30
Licensed Professional Engineer
S37.00
Project Engineer
$40.80
Contract Administrator
$28.50
Resident Engineer
$34.00
Engineering Technician
$19.50
Word Processing Technician
$23.00
Note: Rates shown are the highest rate for the given job
classification and may be less depending on staff assigned. Robam
are subject tochange on January 1 and June 1 of each calendar
year, and from time to time due ho periodic wage increases and/or
new annual audited overhead rate.
Overhead (OH Cost - indudingGalar Additives):
OH Rate xOSC 128.2196
Fixed Fee (FF):
Global Positioning System (huurly) $98.00
Mileage iareimbuoedat the IRS rate applicable at the time.
Postage/shipping based on receipt submitted ao part oftask.
T Oeha: 3/6C2016
GiContraots& Task Orders\Yakma Air TonnnmKGRE Cost plus fixed feo.xle
W�.
PROJECT TITLE:
Snow Removal Equipment (SRE)
CLIENT:
Yakima Air Terminal
AIP NUMBER:
3 -53 -0089 -38
DATE:
3/7/2016
JINDEPEN6iNT FEE ESTIMATE -
Principal
Project Project
Project
Contract
Word Process
TASK
TASK
Engineer
Engineer Engineer
Engineer
Adminstrator
Technician
'i
TOTAL
DIRECT
NO PROJECT TASK
$70.30
$37.00 $29.00
$40;80
$28.50
$23.00 $0..00
$0.00 $0.00 $0.00 $0.00
HRS
COSTS
DESIGN& BIDD ING - SNOW REMOVAL EQUIPMENT
A. PROJECT FORMULATION
1 Pre - design Meeting
4
2
6
$194.00'
2 Finalize Scope, Schedule & Contract
2'
4
6
$288.60
''. 3 Assist with Grant Applications
21
8
10
$436.60'.
4 Assemble & Review Information
1.
4
5
$218.30
SUBTOTAL
$1,137.50
B. ENGINEERING SERVICES
5 Prepare Bidding Documents
1
60
16
77
$2,658.30
6 Preliminary Cost Estimates & Schedule
2
8
10
$436.60
7 In House Quality Control Review
4
4
4
12
$521.20
8 Preliminary Engineers Design Report
2
40
4
46
$1,712.60
9 Preliminary Design Package Submittal
4
2
6
$194.00
10 Incorporate Owner and FAA comments
1
12
4
17
$606.30
11 Finalize Bidding Docs & Specifications
2
12
4
8
26
$931.80
12 Finalize Quantities & Cost Estimate
1
4
5
$218.30
13 In House Quality Control Review
4
4
4
12
$521.20
14 Submit Final Documents for approval
2
2
4
$120.00
15 Revise /Provide Final Bidding Documents
1
8
2
11
$412.30
'. 16 Assist wf Sponsor Certifications
4
4
$148.00
17 Assist wj Requests for Reimbursement
1
4
4
9
$332.30'
SUBTOTAL
$8,812.90
C. BIDDING SERVICES
18 Assist wJ Bid Advertisement
1
4
2
7
$264.30
19 Bidder Questions
1
8
4
13
$529.50
20 Addenda
2
8
4
14
$528.60' -,.
'.' 21 Submittal Review
2
12
4
18
$676.60
22 Conduct Bid Opening & Provide Recommendation
2
4
4
8
18
$679.80 >.
SUBTOTAL
$2,678.80'.
SUBTOTAL (A. B, and C)
` 32
222 0
12
12
58
_ . 0
.336
$12,629.20.
Direct Overhead
129.21%
$16,318.19
Fixed Fee
15.0%
$4,342.11
Total Labor + Overhead + Fixed Fee
533,289.50'.
D. CONSTRUCTION ADMINISTRATION
Notice to Proceed, and monitor contract, verification of
23
insurance and bands
2
2
4
8
$269.60
24 On -site Construction Observation
4
16
20
$873:20'.
25 Review and verify Certifcates of Compliance
2
4
2
4
12
$484.20
26 Review Operations and Maintenance Manuals
4
4
$148.00
27 Prepare Progress Estimates (2 Estimates)
2
2
8
12
$383.60
28 Delivery Schedule Assistance
4
29 Notify Owner of non - conforming work
2
2
2
6
$212.60
30 Recommendation to Owner on claims
2
2
2
6
$212.60
E. PROJECT CLOSEOUT (for Construction Grant)
2016
-02 -11 SRE Estimate.: xis
Page 1
PROJECT TITLE: Snow Removal Equipment (SRE)
CLIENT:
Yakima Air Terminal
AIPNUMBER:
3-53-0089-38
2
DATE:
3/712016
$218.30
31 Prepare Close-Out Report
2
20
32 Assist w/Sponsor Certifications
15.0%
2
33 Submit for FAA Approval
1
4
SUBTOTAL (D
9
62 10
Direct Overhead
55,633.72
Fixed Fee
Total Labor + Overhead + Fixed Fee
LABOR SUBTOTAL A, 8, C, D and IS
41
284 22
Doed0vothead (A, 8, C, D, and E)
Fixed Fee (A, B, C, D, and E)
Total Labor + Overhead + Fixed Fee (A, B, C, D, and E)
W.--,
i INDEPENDENT "iiSTIMATE -
22
$880.60
2
$74.00
5
$218.30
20 29
$3,756.70
129.21%
$4,854.03
15.0%
51,291.61
I......
32 58 365
$16,385,91)
imim
$21,172.22
15.0%
55,633.72
2016-02-11 SRE EstimateAs
im
PROJECT TITLE: Snow Removal Equipment (SRE)
CLIENT:
Yakima Air Terminal
AIP NUMBER:
3-53-0099-38
DATE:
3/7/2016
DESIGN & BIDDING - SNOW REMOVAL EQUIPMENT
$0.540 4
Subtotal - Labor+ Overhead + Fixed Fee
Subtotal- Expenses
Total - A, B, C, D, E and Expenses
[INDEPENDENT FEE ESTIMATE -
Trip
Cost Air Ground
Days Miles Markup
Per Unit Trips Trips
Air Travel
$0.00
Mileage (from office)
$0.540 4
Mileage (Surveys)
$0.540
Meals/Lodging
$0.00
expenses:
$0.00
FAX
$100.00
COPIES
$50.00
TELEPHONE
$100.00
POSTAGE
$750.00
PRINTING
$500.00
PLOTTING
Subtotal - Labor+ Overhead + Fixed Fee
Subtotal- Expenses
Total - A, B, C, D, E and Expenses
[INDEPENDENT FEE ESTIMATE -
Trip
Days Miles Markup
1.0
$0.00
10 I'D
$21.60
110
$0.00
10
$0.00
$0.00
$100.00
$50.00
$100.00
$750.00
$500.00
2016-02-11 SRE EstimateAs
om