HomeMy WebLinkAbout115-80 RESOLUTION•
RESOLUTION NO. j/546
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT FOR._ ENGINEERING SERVICES
WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR
IMPROVEMENTS TO WALKER PARK; A PARKING AREA AT THE
SENIOR CENTER, AND COMBINATION PARKING AREAS -
BASKETBALL COURTS AT ASBELL PARK.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized
and directed to
with McClelland
at Walker Park,
execute an agreement for engineering services
Consulting Engineers, Inc. for improvements
a parking area at the Senior Center, and
combination parking areas -basketball courts at Asbell Park.
A copy of the contract authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED thiscal4 day of AtanthcA )
1980.
ATTEST:
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AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made this 7,1:%, day of Ak6,PmJ , 1980,
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 make improvements to Walker Park, the
Senior Citizen's Center, and Asbell Park 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 cosist of engineering
services and coordination to accomplish the following:
SECTION A - DESCRIPTION OF PROJECT
The work will consist of construction of the following improve-
ments to Walker Park, the Senior Citizen's Center, and Asbell Park:
Walker Park
1. Renovation of the existing open shelter, construction of
new restrooms and sewer connection attached to open shelter,
and demolishing of existing restrooms or conversion to
storage
2. Storm drainage around existing concession stand.
3. Ballfield(s) irrigation system.
4. Spectator seatingrfor each ballfield, including
refurbishing of existing seating where needed.
5 New fence along the north, east, and south side of
park, with appropriate vehicle controlled entrances.
6 Concrete picnic tables (5), cast iron barbeque grills (5),
covered trash receptacles (10), bike rack, and tot plat-
form slide.
7 Memorial plaque honoring donor of park property.
8. Complete underground electrical system.
9. Outdoor, three wall handball/racquetball courts and
tennis practice area.
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10. Lighting and underground wiring for one baseball field.
11. Ten precast concrete dugouts.
12. Water fountain at each baseball field, five (5) total.
13. Renovation of interior and exterior of existing
concession stand and restrooms, including a new sewer
connection.
14. Landscaping.
Senior Citizen's Center
1. Parking Area.
Asbell Park
1. Four combination parking/basketball courts.
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, including the development
of a Master Plan of Walker Park showing the existing
facilities and proposed improvements.
2 The ENGINEER will perform field surveys to obtain as -
built information, the location of all identifiable
existing utilities, and the location of all apparent
street right-of-way lines. Additionally, the Engineer
will advise as to the necessity for Soils Investigations.
3 The ENGINEER will prepare a copy of all reduced field
notes.
The ENGINEER will prepare a recommended design for each
desired improvement in the form of a red -lined blue-
print and a detailed cost estimate for the improvements.
5. The ENGINEER will attend conferences with the OWNER
and other interested parties.
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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 pro-
vide no more than two (2) copies of detailed plans, speci-
fications, 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 actual cost of 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
of Section B-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
of 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 awardingcontracts 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.
I3. The ENGINEER will provide general construction obser-
vation periodically as construction progresses by the
Contractor, and will"stake out 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.
(3)
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 OWNER.
17. The ENGINEER will provide the OWNER with two sets of
"AS -BUILT" prints at no additonal 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 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 forall advertising related to receiving
contracts and shall pay for any other advertising 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-two (42) calendar days,
therefrom.
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 forty-eight
(48) calendar days, therefrom.
(4)
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 ESTIMATES AND DETAILED DESIGN AND
SPECTFICATTONS: For services described in Section B, paragraphs 1
through 10, the OWNER shall compensate the. ENGINEER for the actual
time involved (including labor, overhead, expenses and profit), a
sum not to exceed Twenty-four thousand three hundred forty dollars
and eighty-one cents ($24,340.81). 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 Eleven thousand ninety-six
dollars and fifty-eight cents ($11,096.58). The actual fee amount
shall be based upon cost reimbursement and shall be due and payable
in monthly installments. The rates for cost reinbursements 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 $50.00 each
2. Modified Proctor Curve, soils
and base material,
(including sampling)
per curve
3. Field Density determinations,
Subgrade, base and asphalt
per test (min. of 3
Concrete compressive testing,
making, testing and reporting
per cylinder
(5)
$60.00 each
per trip) $11.50 each
$ 8.50 each
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 includethose needed for Land Surveys, easements, additional
construction work, overtime engineering, or any services not specif-
ically included inthe 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 HOURLY BASE RATE
Principal Engineer
Project Engineer
Engineer
Engineering Technician
Clerical
SURVEY CONSTRUCTION
Supervisor
Party Chief
Instrument Man
Rodman/Chainman
Inspector
DRAFTING
Supervisor
Draftsman
3 -Man Crew
$22.40
16.11
12.39
6.42
6.16
12.88
14.50
12.39
12.88
6.16
The overhead rate applied to direct labor cost will be a.1.18
multiplier. The profit will be in accordance with HUD require-
ments.
(6)
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 the 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, throughany 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
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effective 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
of 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
to 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
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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.
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;
(8)
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and selection for training, including apprenticeship. The
ENGINEER agrees to post in conspicuous places, available
t o 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
t hat 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
III (a) of this Act; or (4) take such other action as may
be provided by law.
(9)
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
these 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)
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.
(g) The ENGINEER will include the portion of the sentence
immediately preceding paragraph (a) and the provisions
of 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
or vendor. The ENGINEER will take such action with respect
to 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
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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 13S.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
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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 notsubcontract 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,
(12)
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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
rights 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
terms 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
qualified disabled 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-
t ion,f rates of pay or other forms of compensations, and
selection for training, including apprenticeship.
(13)
(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
their suitable openings with the appropriate office
o f the State employment service, but are not required
o o 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
with 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)
the 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
(14)
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
to 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.
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
term 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
(f)
(g)
(15)
•
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
o f 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, subsidaries, and the parent
companies) and includes any openings which
the contractor proposes to fill from
✓ egularly 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-
t ractor and representatives of his employees.
(i) 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
o f 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
to employ and advance in employment qualified
disabled veterans and veterans of the Vietnam Era
for employment, and the rights of applicants and
employees.
(3)
(16)
•
(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
officer, employee, or agent of the City who exercises any functions
or 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
t ake appropriate steps to assure compliance.
INTEREST OF OTHER LOCAL PUBLIC OFFICIALS.
No member of the governing body of the locality and no
o ther 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
t ake 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
or 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
of this Contract, no person having any such interest shall be
employed.
(17)
•
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.
(18).
•
•
This agreement shall inure t
binding upon the legal representa
parties respectively and shall be
IN WITNESS WHEREOF, the part
caused to be executed by their du
this AGREEMENT in duplicate on th
(SEAL)
,/�Gli7Glir�
`Typed ..Name Vivian Koettel
2;
Title;:• IC ty Clerk
4.747
52E/cLertP
ATTEST:
By:
Typed Name Maurice A. McClelland
ATit1ems, Secretary -Treasurer
Date . . `��7/4/7
d re
4
Orr
r �.
, • e
•
o the benefits of and be
t ive and successors of the
come effective upon execution.
ies hereto have executed or
ly authorized representatives,
e date heretofore stated.
(18)
CITY OF F; YETTEVILi,F
By:
Typed Nae aohn.:Todd
Title:
Mayor
Date: . 'r 4-t 1a-'2.Jt
McCLELLAND CONSjJLTIN ENGINEERS, INC.
By:
T
Title:
President
Date: ///Z5/Al/