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HomeMy WebLinkAbout118-79 RESOLUTIONRESOLUTION NO. LI$ 5 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ENGINEERING CONTRACTS FOR COMMUNITY DEVELOPMENT DEPARTMENT STREET, SIDEWALK, AND SEWER PROJECTS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an engineering contract _Se - with with McGoodwin, Williams and Yates, Inc. for engineering `1 plans for sewer lines for East Huntsville Road, 18th Street, �� and Morningside Drive for a fee not to exceed $7,675.00. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with McClelland Consulting Engineers, Inc. for engineering services for the Se paving of portions of Storer Avenue, Porter Road, Helen -- LA'S Street, Jerry Avenue, and Ray Avenue for a fee not to exceed qip $27,800.00. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "B" and made a part herof. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Milholland Engineers for the engineering plans for the paving of portions of 5th Street, Sherman Avenue and 7th Street for a fee not to exceed $21,624.00. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "C" and made a part hereof. Section 4. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Northwest Engineers, Inc. for the engineering plans for construction of sidewalks along portions of Washington Avenue, Hussle Road, Rock Street, Wood Avenue, Duncan Avenue and Government Avenue for a feed not to exceed $18,000.00. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "D" and made a part hereof. PASSED AND APPROVED this r��0 day of 1979. ATTEST: APPROVED: S°7 e(�,u3 see5 MAYOR MiCRORLMED DATE APR 3 1330 REEL_._._ \I MiKROFIL/; D DATEELLS1980 REEL __ AGREEMENT FOR ENGINEERING SERVICES ex/ -err ice 96 THIS AGREEMENT, made thiso20 day of ,147, by and between the CITY OF FAYETTEVILLE, ARKANSAS, hereinafter referred to as the OWNER, and McCLELLAND CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, hereinafter referred to as the ENGINEER: The OWNER desires to improve and reconstruct certain streets and the related street drainage within the City of Fayetteville. The ENGINEER agrees to perform the professional engineering services required for same. The work will consist of engineering services and coordination to perform the design required, prepare plans and specifications for construction, and observe the construction. Specifically, the work will consist of engineering services and coordination to accomplish the following: • SECTION A - DESCRIPTION OF PROJECT The work will consist of improving and reconstructing the following streets to the requirements as directed by the OWNER: 1. Storer Ave.- from Cleveland St. to North St. 2. Porter Road- from Hatfield St. to Deane St. 3. Helen Street- from Ray Ave. to Jerry Ave. 4. Jerry Ave.- from Huntsville Road to Helen St. 5. Ray Ave.- from Helen St. to Lee St. WITNESSETH: That for and in consideration of the mutual convenants and agreements between the parties hereto, it is hereby agreed: SECTION B - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1.. The ENGINEER will conduct preliminary investigations to determine project requirements. 2. The ENGINEER will perform field surveys to obtain topographic information, approximate right-of-way and property lines, cross-sections at 50 -foot stations, establish a referenced base line for use at a later date and advise as to the necessity for soils inves- tigations. 3. The ENGINEER will prepare a copy of all reduced field notes and reproducible copies of plotted profile and cross-section information. 4. The ENGINEER will prepare a recommended design for each street in the form of a red -lined blueprint and a detailed cost estimate for the improvements to each street 5. The ENGINEER will attend conferences with the OWNER and other interested parties. 6. The ENGINEER will prepare detailed plans, specifications and cost estimate, and will obtain approval of said Plans and Specifications from appropriate city and state agencies. 7. Prior to the advertisement for bids, the ENGINEER will provide no more than two (2) copies of detailed plans, specifications, and contract documents for approval and use by the OWNER. The cost of no more than two (2) copies of such plans, specifications, and contract document shall be included in the basic compensation paid to the ENGINEER. 8 The ENGINEER will furnish additional copies of plans, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge for the actual cost o f such copies. Original documents, tracings, and the like, except previously owned by the ENGINEER, are and shall remain the property of the OWNER. 9. The plans prepared by the ENGINEER under the provisions o f Section 8-8 above shall be in sufficient detail to permit the actual location of the proposed improvements at the site, and shall be sufficient for the bidders to formulate intelligent bids and sufficient for construction o f every detail of the project. 10. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for construction. 11. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 12. The ENGINEER will interpret the intent of the plans and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. (2) • 13. The ENGINEER will provide general construction obser- vation periodically as construction progresses by the Contractor, and will stake out drainage and street improvements for construction by the Contractor under contract with the OWNER. 14. The ENGINEER will perform such laboratory and field tests as deemed necessary. The extent of such testing will be determined by conference with the OWNER. 15. The ENGINEER will review and approve estimates for progress and final payments. 16. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 17. The ENGINEER will provide the OWNER with two sets of "AS -BUILT" prints at no additional cost to the OWNER. 18. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all unforeseen project operating difficulties for a period of one year after the date of final inspection and acceptance of the streets by the OWNER. 19. The ENGINEER further agrees to obtain and maintain at the ENGINEER'S expense, such insurance as will protect him and the OWNER from claims under the Workmen's Compensation Act and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S functions and services required under this Agreement, such insurance being that normally covered by General Liability and Public Liability/Property Damage/Bodily Injury Insurance. 20. The OWNER shall provide all rights-of-way and rights -of - entry necessary for the ENGINEER to conduct preliminary surveys and to make investigations necessary to properly construct project improvements. 21. The OWNER shall pay for all advertising related to re- ceiving contracts and shall pay for any other adver- tising necessary to complete the project. The OWNER shall pay for any permits or inspection fees required by any reviewing agency. 22. The ENGINEER will commence work immediately upon execution of this contract, and will have the preliminary design and cost estimate completed within forty-five (45) calendar days, therefrom. (3) s• 23. The ENGINEER will commence work on the Detailed Design upon notification by the OWNER, and will have the detailed plans, specifications and contract documents completed and ready for advertising and receiving bids within sixty (60) calendar days therefrom. SECTION C - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: PRELIMINARY DESIGN AND COST ESTIMATE: For services described in Section B paragraphs 1 through 5, the OWNER shall compensate the ENGINEER in the lump sum amount of Seven Thousand Eight Hundred Dollars ($7,800.00) and compensation shall be due and payable upon completion, presentation to and acceptance by the OWNER. DETAILED DESIGN AND SPECIFICATIONS: For services described in Section B, paragraphs 6 through 10, the OWNER shall compensate the ENGINEER for the actual time involved (including labor, overhead, expenses and profit), a sum not to exceed Ten. Thousand Two Hundred Dollars ($10,200.00). The actual fee amount shall be based upon cost reimbursement and shall be due and payable upon completion of the detailed plans and specifications, approval by the OWNER, and after advertisement for bids. The rates for cost reimbursements are listed herein under section D. The profit will be in accordance with HUD requirements. GENERAL CONSTRUCTION OBSERVATION: For the services described in Section B, paragraphs 11. through 23, the OWNER shall compensate the ENGINEER for the actual time involved (including labor, overhead, expenses and profit), a sum not to exceed Nine Thousand Eight Hundred Dollars ($9,800.00). The actual fee amount shall be based upon cost reimbursement and shall be due and payable in monthly installments. The rates for cost reimbursements are listed herein under Section D. The profit will be in accordance with HUD requirements. The compensation stated above shall be the maximum to be paid the ENGINEER for the basic scope of services defined under Section B, paragraphs 1 through 23, except for construction control testing in the field and laboratory. For the field and laboratory control of soils, base, asphalt, and concrete work during the construction phase, the following schedule will apply: 1. Standard Proctor Curve, soils (including sampling) per curve 2. Modified Proctor Curve, soils and base material, (including sampling) per curve (4) $50.00 ea $60.00 ea • 3. Field Density determinations, subgrade, base and asphalt per test (min. of 3 per trip) $11.50 ea 4. Concrete compressive testing, making, testing and reporting per cylinder $ 8.50 ea Compensation for field and laboratory construction control testing shall be due and payable on monthly basis after submission of reports of testing performed during each month. OVERTIME ENGINEERING: The construction contract will contain a completion time expressed in calendar days. Should the construction require additional time and result in a requirement for additional services, payment of these services shall be made in accordance with the methods and schedules given in Section D. SECTION D - ADDITIONAL OR DECREASED ENGINEERING SERVICES The OWNER may wish to increase the engineering services herein to include those needed for Land Surveys, easements, additional construction work, overtime engineering, or any services not specif- cally included in the scope of this contract. In such event, the actual amount to be paid shall be determined by the following hourly or unit price schedule, as applicable. PERSONNEL ENGINEERING Principal Engineer Project Engineer Engineer Engineering. Technician Clerical SURVEY/CONSTRUCTION Supervisor Party Chief Instrument Man Rodman/Chainman Inspector HOURLY BASE RATE $19.50 9.50 6.50 6.42 3.55 8.10 6.15 4.15 3.50 7.66 DRAFTING Supervisor 7.22 Draftsman 3.80 The overhead'rate applied to direct labor cost will be a 1.18 multiplier. (5) REIMBURSEABLE EXPENSE: 1. Travel from office at $0.22 per mile, or at actual travel cost, plus time at above rates for both ways. 2 Actual cost of subsistence and lodging. 3 Actual cost of long-distance telephone calls, telegrams, express charges and postage other than ordinary first-class. 4 Actual cost of materials requires for t]ie job and used in surveying, drafting, and allied activities, including printing and reproduction costs. 5 Actual cost of special tests and services of special consultants. In the event the OWNER requires additional services of the ENGINEER, for which the total compensation shall exeed the max- imum herein stated for additional services, the OWNER and the ENGINEER shall enter into a new contract to provide for the per- formance of the services and compensation therefor. SECTION E - TERMINATION TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner his obligations under this contract, or if the ENGINEER shall violate any of the convenants, agreements, or stipulations of this contract, the OWNER shall thereupon have the right to terminate this contract by giving written notice to the ENGINEER of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the ENGINEER under this contract shall, at the option of the. OWNER become its property, and the ENGINEER shall be entitled to receive just and equitable compensation, based on the hourly and/or daily rates stipulated or other costs as allowed under this contract, for any satisfactory work completed on such documents. Notwith- standing the above, the ENGINEER shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of the contract by the ENGINEER and the OWNER may withhold any payments to the ENGINEER for the purpose of setoff until such time as the exact amount of damages due the OWNER from the ENGINEER is determined. TERMINATION FOR CONVENIENCE OF THE OWNER: The OWNER may terminate this contract any time by a notice in writing from the OWNER to the ENGINEER. If the contract is terminated by the OWNER as provided herein, the ENGINEER will receive instant equitable compensation based on the hourly and/or daily rates stipulated or other costs as allowed under this contract less payments of compensation previously made provided, however, that if less than sixty percent of the services covered by the contract have been performed upon the (6) e ffective date of such termination, the ENGINEER shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this contract) incurred by the ENGINEER during the contract period which are directly attributable to the uncompleted portion of the services covered by this contract. TERMINATION FOR OBSOLESCENCE: In the event the OWNER is unable to secure funds for the construction of the project described herein, this contract shall automatically terminate one year from the date o f execution. SECTION F - ACCESS TO RECORDS It is further agreed that the OWNER, the Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access t o any books, documents, papers and records of the ENGINEER which are directly pertinent to the work hereunder, for the purpose of making audit, examination., excerpts and/or transcriptions. SECTION G - EMPLOYEES AND APPLICANTS PERSONNEL: 1. The ENGINEER represents that he has, or will secure all personnel required in performing the services under this contract. Such personnel shall not be employees of or have contractural relationship with the OWNER. 2 All the services required hereunder will be performed by the ENGINEER and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 3. No person who is serving sentence in a penal or correc- tional institution shall be employed on work under this contract. EQUAL OPPORTUNITY: During the performance of this contract, the ENGINEER agrees as follows: (a) The ENGINEER will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The ENGINEER 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 or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or trans- fer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; (7) • and selection for training, including apprenticeship. The ENGINEER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (b) The ENGINEER will, in all solicitations of advertisements for employees placed by or on behalf of the ENGINEER, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, or national origin. (c) The ENGINEER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon e ach subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964. No person shall, on the grounds of race, color, sex, or national origin, be excluded from partic- ipation in, be denied the benefits, or be subjected to discrimination under any program or activity receiving Federal financial assistance. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. 1) No person in the United States shall on the grounds of ✓ ace, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 2) Whenever the Secretary determines that a State or unit o f general local government which is a recipient of assistance under this title has failed to comply with subsection 1) or an applicable regulation, he shall notify the Governor of such State or the chief executive o fficer of such unit of local government of the non- compliance and shall request the Governor or the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed sixty days, the Governor or the chief executive officer fails or refuses t o secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a rec- ommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by Title VI o f the Civil Rights Act of 1964 (42 U.S.0 2000d); (3) exercise the powers and functions provided for in Section II'I (a) of this Act; or (4) take such other action as may be provided by law. (8) • 3) When a matter is referred to the Attorney General pursuant to subsection 2), or whenever he has reason to believe that a State government or unit of general local government is engaged in a pattern or practice in viola- t ion of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. (d) The ENGINEER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The ENGINEER 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 o f Labor, or pursuant thereto and will permit access to t hese books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and o thers. (f) (g) In the event of the ENGINEER'S noncompliance with the non- discrimination clauses of this contract, or with any of such rules, regulation, or orders, this contract may be canceled, terminated or suspended in whole or in part, and the ENGINEER may be declared ineligible for further Government contracts or federally assisted construction contract procedures by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The ENGINEER will include the portion of the sentence immediately preceding paragraph (a) and the provisions o f paragraph (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor o r vendor. The ENGINEER will take such action with respect t o any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided however, that in the event the ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result o f Such direction by the Department, the ENGINEER may request the United States to enter into such litigation to protect the interest of the United States. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES 1. Every contract or agreement for a grant, loan, subsidy, or other direct financial assistance in aid of housing, urban (9) • planning, development, redevelopment, or renewal, public or community facilities, and new community development, entered into by the Department of Housing and Urban Develop- ment with respect to a Section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part, and any applicable rules and orders of the Department issued thereunder prior to approval of its application for assistance for a Section 3 covered project. 2. Every applicant, recipient, contracting party, contractor, shall incorporate, or cause to be incorporated in all contracts for work in connection with a Section 3 covered project, the following clause (referred to as a Section 3 clause): (a) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of .Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u, Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the pro- ject to be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (b) The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractural or other disability which would prevent them from complying with these requirements. (c) The ENGINEER will send to each labor organization or representatives of workers with which he has a collective bargaining agreement or other contract or understanding if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (d) The ENGINEER will include this Section 3 clause in every subcontract for work in connection with the (10) project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontract is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20(b). The ENGINEER will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135.20(b) and will not let any subcontract unless the subcontractor has first provided it with a pre- liminary statement of ability to comply with the requirements of these regulations. (e) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipients, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.20(b). AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (a) The ENGINEER will not discriminate aginst any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimin- ation based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruit- ment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The ENGINEER agrees to comply with the rules, regu- lations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (c) In the event of the Engineer's noncompliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, • regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (d) The ENGINEER agrees to post in conspicuous places, available to employees and applicants for employment notices in a form to be.prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the ✓ ights of applicants and employees. (e) The ENGINEER will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the t erms of section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (f) The ENGINEER will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such'provisions, including action for noncompliance. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (a) The ENGINEER will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam e ra in regard to any position for which the employee o r applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualifieddisabled veterans and veterans of the Vietnam e ra without discrimination based upon their disability or veteran status in all employment practices such as the following. Employment upgrading, demotion or t ransfer, recruitment, advertising, layoff or termina- tion, rates of pay or other forms of compensations, and selection for training,' including apprenticeship. (22) • 4 (b) The ENGINEER agrees that all suitable employment openings of the contractor which exist at the time o f the execution of this contract and those which o ccur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independ- ently operated corporated affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of $10,000 or more shall also list all t heir suitable openings with the appropriate office o f the State employment service, but are not required to provide those reports set forth in paragraphs (d) and (e) . (c) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing o f employment openings does not require any particular group of job applicants, and nothing herein is intended to relieve the contractor from any require- ments in Executive Orders or regulations regarding nondiscrimination in employment. (d) The reports required by paragraph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly w ith the appropriate local office or, where the ENGINEER has more than one hiring location in a State, with the central office of that State employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) t he number of disabled veterans of the Vietnam Era hired, and (4) the total number of disabled veterans hired. The report should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The contrac- tor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract indentifying data for each hiring location. The contractor shall maintain at each (13) hiring location, copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representative of the contracting o fficer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment and placement. (e) Whenever the ENGINEER becomes contracturally bound t o the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location o f each hiring location in the State. As long as the contractor is contracturally bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause. (f) This clause does not apply to the listing of employ- ment openings which occur and are filled outside of the 50 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands. The provisions of paragraphs (b), (c)', (d), and (e) o f this clause do not apply to openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer -union arrangement for that opening. (h) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory technical; and executive, admin- istrative, and professional openings are compensated on a salary basis of less than $25,000 per year. This t erm includes full-time employment, temporary. employment of more than 3 days' duration, and part-time employment. It does not include openings which the ENGINEER proposes to fill from within his own organ- ization or fill pursuant to a customary and traditional employer -union hiring arrangement nor openings in an educational institution which are restricted to students o f that institution. Under the most compelling circum (g) (14) • • (1) (3) stances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government. 2) "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area where the employment opening to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. 3) "Openings which the ENGINEER proposes to fill from within his own organization" means employment openings for which no consideration will be given to any persons outside the contractor's organization (including any affiliates, suhsidaries, and the parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists. 4) "Openings which the ENGINEER proposes to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the con- tractor and representatives of his employees. The ENGINEER agrees to comply with the rules, regulations, and relevant orders of the Secretary o f Labor issued pursuant to the act. In the event of the Engineer's noncompliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, ✓ egulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (k) The ENGINEER agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting o fficer. Such notice shall state the contractor's obligation under the law to take affirmative action t o employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era for employment, and the rights of applicants and employees. (15) (1) The ENGINEER will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by the t erms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirm- ative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (m) The ENGINEER will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulation, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon e ach subcontractor or vendor. The contractor will t ake such action with respect to any subcontract o r purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non- compliance. INTEREST OF MEMBERS OF CITY. No member of the governing body of the City, and no other o fficer, employee, or agent of the City who exercises any functions o r responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Consultant shall o ake appropriate steps to assure compliance. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing body of the locality and no other public official of such locality, who exercises any functions o r responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Consultant shall take appropriate steps to assure compliance. INTEREST OF CONSULTANT AND EMPLOYEES. The Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area o r any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further convenants that in the performance o f this Contract, no person having any such interest shall be employed. (16) • SECTION H - MISCELLANEOUS CHANGES: The OWNER may, from time to time, request changes in the scope of the services of the ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the amount of the ENGINEER'S compensation,, shall be incorporated in written amendments to this contract. COMPLIANCE WITH LOCAL LAWS: The ENGINEER shall comply with all applicable laws, ordinances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract.. ASSIGNABILITY: The ENGINEER shall not assign any interest in this contract and shall not transfer any interest in the same. (whether by assignment or novation) without the prior written approval of the OWNER: Provided, however,. that claims for money due or to become due to the ENGINEER from the OWNER under this contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the OWNER. (17) This agreement shall inure to the benefits of and be binding upon the legal representative and successors of the parties respectively and shall become effective upon execution. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized representatives, this AGREEMENT in duplicate on the'date heretofore stated. (SEAL) ATTEST:s.:-\ I.. w Typed �Ue J(i ..A ke �D rtodlor.e - r#a ` (IQ4)) k__ ,Title: Date:..4 19 CITY OF FAYETTEVILLE Et`30aiNs—Dictoy Nokit4).‘sa_. Typed Name David R. Malone Title: Mayor Date: /7a(�l-j5 �VATTE.STt MCCLELLAND CONSULTING E GINEERS BY. / JG ve-ave-4- // ez-1 ce, By: ,^ :Typed Name Maurice A. McClelland T ped ame J. E. McClelland Secretary -Treasurer e: President Date: Date: