HomeMy WebLinkAbout5.393 Original Contract
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
URS CONSULTANTS, INC.
RELATING TO: DOWNTOWN WATERMAIN AND SIDEWALK REPLACEMENT
THIS AGREEMENT is made and entered into this <~ I ~ day of ~o ~j) ff\~A ,~
1995, by and between THE CITY OF PORT ANGELES, a non-charter code city of the
State of Washington, (hereinafter called the "CITY"), and URS CONSULTANTS, INC.,
a Washington Corporation, (hereinafter called the "CONSULTANT').
WHEREAS, the CITY desires to develop a predesign for replacement of downtown
watermains and sidewalks, and
WHEREAS, the CITY desires to engage the professional services and assistance of a
qualified consulting firm to perform the scope of work as detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes
of the State of Washington for professional registration and/or other applicable
requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and
ability to perform the required work in accordance with the standards of the profession,
and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and
appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms,
conditions, covenants and agreements set forth below, the parties hereto agree as
follows:
SCOPE OF WORK
The scope of professional services to be performed and the results to be achieved by
the CONSULTANT shall be as detailed in the attached Exhibit A, and shall include all
services and material necessary to accomplish the work.
The CITY may review the CONSULTANTS work product, and if it is not satisfactory,
based on the criteria set forth in Exhibit A, the CONSULTANT shall make such changes
as may be required by the CITY. Such changes shall not constitute "Extra Work" as
related in Section XI of this Agreement.
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The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the standards of the profession and in compliance with applicable
federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other
presentations of the work shall become the property of the CITY for use without
restriction and without representation as to suitability for reuse by any other party
unless specifically verified or adapted by the CONSULTANT. However, any alteration
or reuse of the documents, by the City or by others acting through or on behalf of the
City, will be at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S
representative shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties.
The work shall be completed in accordance with the schedule set forth in the attached
Exhibit D.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement.
Such payment shall be full compensation for work performed, servjces rendered, and
all labor, materials, supplies, equipment and incidentals necessary to complete the
work.
A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor,
overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs
as set forth in the attached Exhibits Band C, respectively.
1. Labor costs shall be based on the hourly rates shown in Exhibit B. Hourly
rates shall be based upon an individual's hourly wage, times the total
number of hours worked, times a multiplier of 2.66. The multiplier shall
include overhead and profit.
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General clerical time shall be considered an overhead item, except
where specific work items are involved that require one hour or
more continued effort, in which case time will be charged on the
basis of hours worked.
2. The direct non-salary reimbursable costs are those directly incurred in
fulfilling the terms of this Agreement, including, but not limited to, travel,
subsistence, telephone, CADD computer, reproduction and printing,
supplies and fees of outside services and consultants. Ten percent
(10%) overhead and profit may be added to direct non-salary
reimbursable costs.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis.
Invoices shall detail the work, hours, employee name, and hourly rate; shall
itemize with receipts and invoices the non-salary direct costs; shall indicate the
specific task or activity in the Scope of Work to which the costs are related; and
shall indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for the percentage of the
project that has been completed less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt. In
the event of a disputed billing, only the disputed portion will be withheld from
payment.
E. Final payment for the balance due to the CONSULTANT will be made upon the
completion of the work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XI of this Agreement shall be
as agreed to by the parties in writing.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total
compensation and reimbursement under this Agreement, including labor, direct non-
salary reimbursable costs and outside services, shall not exceed the maximum sum of
$149,300.00. Fees for Phase I have been negotiated not to exceed $41,000.00. Fees
for Phase II, estimated to be $88,000.00, and Phase III, estimated to be $20,300.00,
shall be negotiated and approved by both parties.
VII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or
services under this Agreement, shall be considered employees of the CONSULTANT
only and not of the CITY, and claims that may arise under the Workman's
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Compensation Act on behalf of said employees while so engaged, and any and all
claims made by a third party as a consequence of any negligent act or omission on the
part of the CONSULTANT'S employees while so engaged, on any of the work or
services provided to be rendered herein, shall be the sole obligation and responsibility
of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any
CITY employee without the City's written consent.
VIII NONDISCRIMINATION
The CONSULTANT shall comply with all applicable federal, state and CITY
nondiscrimination regulations and with the CITY'S Equal Opportunity/Affirmative Action
clause, which is set forth in the attached Exhibit E.
IX SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this
Agreement without the written consent of the CITY.
8'. The CONSULTANT will be using the firms submitted with its proposal as
subcontractors. Subcontractors other than those listed shall not be permitted
without the written consent of the CITY.
C. In all solicitation either by competitive bidding or negotiation made by the
CONSULTANT for work to be performed pursuant to a subcontract, including
procurement of materials and equipment, each potential subconsultant or
supplier shall be notified by the CONSULTANT of Consultant's obligations under
this Agreement, including the nondiscrimination requirements.
X CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party
may request changes in the scope of work. Such changes shall not become part of this
Agreement unless and until mutually agreed upon and incorporated herein by written
amendments to this Agreement executed by both parties.
XI EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in
connection with this project, in addition to the Scope of Work set forth in Exhibit A and
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minor revisions to satisfactorily completed work. Such work shall be considered as
"Extra Work" and shall be addressed in a written supplement to this Agreement. The
CITY shall not be responsible for paying for such extra work unless and until the written
supplement is executed by both parties.
XII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10)
days written notice to the CONSULTANT. Written notice will be by certified mail
sent to the consultant's designated representative at the address provided by
the CONSULTANT.
B. In the event this Agreement is terminated prior to the Completion of the work, a
final payment shall be made to the CONSULTANT, which, when added to any
payments previously made, shall compensate the CONSULTANT for the
percentage of work completed.
C. In the event this Agreement is terminated prior to completion of the work,
documents that are the property of the CITY pursuant to Section II above, shall
be delivered to and received by the CITY prior to transmittal of final payment to
the CONSULTANT.
XIII INDEMNIFICA TION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims, damages, losses,
and costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, carused
solely by the negligence or willful misconduct of the CONSULTANT, CONSULTANT
employees, affiliated corporations, officers, and subcontractors in connection with the
work performed under this Agreement.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses,
and costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents
in connection with the work performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person
identified above for whom each is liable) is a cause of such damage or injury, the loss,
cost, or expense shall be shared between the CONSULTANT and the CITY in
proportion to their relative degrees of negligence or willful misconduct and the right of
indemnity shall apply for such proportion.
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Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence
of the CONSULTANT and the CITY, its officers, officials, employees, and volunteers,
the CONSULTANTS liability hereunder shall be only to the extent of the
CONSULTANTS negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes the CONSULTANTS waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
However, the CONSULTANT espressly reserves its rights as a third person set forth in
RCW 51.24.035.
XIV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, employees or subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and,
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate
for personal injury, bodily injury and property damage. Coverage shall include but not
be limited to: blanket contractual; products/completed operations; broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and,
3. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence.
Any payment of deductible or self insured retention shall be the sole responsibility of
the CONSULTANT.
The CITY shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a
copy of the endorsement naming the CITY as additional insured shall be attached
to the Certificate of Insurance. The CITY reserves the right to review a certified copy
of all required insurance policies in the CONSULTANTs office.
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The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and
the CITY shall be given thirty (30) days prior written notice of any cancellation,
suspension or material change in coverage.
xv APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Washington, and in the event of dispute the venue of any litigation brought
hereunder shall be Clallam County.
XVI EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all
prior written or oral understandings, and may only be changed by a written amendment
executed by both parties. The following exhibits are hereby made a part of this
Agreement:
Exhibit A - Scope of Work
Exhibit B - Consultant Labor Costs
Exhibit C - Non-salary Reimbursable Costs
Exhibit 0 - Schedule for the Work
Exhibit E - Equal Opportunity/Affirmative Action/Facilities Nondiscrimination
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the
day and year first written above.
CITY OF PORT ANGELES
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CON~NT ~/
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JOHN (J. BUTTS
TITLE: V.P. Northwest Operations
URS Consultants, Inc.
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APPR~ AS TO FORM:
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CRAIG KNUtSON, CITY ATTORNEY
ATTEST:
.l)o~~,~, J~^,
BECKY U 0 CITY LERK
par:C:\DAT A\WP\CONTRACT\URS.CON
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EXHmIT A
City of Port Angeles
Downtown Watermain and Sidewalk Replacement
SCOPE OF WORK
Overview
This exhibit describes the engineering services to be provided to the City of Pt. Angeles by URS
Consultants Inc., together with NTI, in support of the Downtown Watermain and Sidewalk
Replacement Project.
The purpose of this City of Port Angeles project is to improve the economic vitality, water
utility reliability, and safety of the downtown sidewalks and watermains. The downtown project
involves replacement of old, cast-iron lead joint, watermains that are carrying over 120 psi
pressure and the replacement of sidewalks above the watermains. The City has received a
Public Works Trust Fund (PWTF) loan for the project and at present, $1,050,000 total funds
are available.
Under ideal conditions, all the watermains and sidewalks in the downtown area (Railroad Ave.
to W. 1st St. and Lincoln St. to Valley St.) would be replaced. However, the funding is
probably not sufficient for that large a project. Under a phased approach, the highest priority
project would include a loop watermain (Lincoln St., Railroad Ave, Oak St. and W. 1st St.) to
provide fire flow to the core downtown area, sidewalk replacement above that watermain, and
appropriate replacement of watermains and sidewalks inside the core area fire loop. Work
unable to be included initially will be constructed in the future as funds become available for
additional phases of work. To achieve the priority objectives of the project within available
funds, the scope of engineering services are also phased, and notice to proceed on each phase
will be individually authorized by the City.
Phase 1 -- Preliminary Engineering Reoort
The purpose of this phase is to refine the description of the total construction project and to
develop the specific elements to be included in the initial construction project. Elements of work
include the following:
A Meet with City staff to develop a common ~nderstanding between the City and
Consultant of project expectations, objectives and goals.
B Obtain, from City staff, electronic copies of the topographic maps for the downtown
area. Assemble maps into city blocks and verify map suitability for use as plan sheets.
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Exhibit A
Page 2
C Determine the alternative watermain sizes and locations which will meet the needs for
downtown daily demands as well as fire flow.
D Determine the location, depth and length of sections of hollow sidewalk in the entire
downtown area.
E Determine the location and size of existing water and fire services in the core area.
F Determine the location, size, and need to protect or relocate other existing utilities within
the downtown core sidewalk areas.
G Determine the alternative means to fill hollow sidewalk areas or to construct replacement
sidewalk structures.
H Examine foundation conditions and obtain and analyze soil samples along the north side
of Front St.
G Examine alternative treatments for sidewalk replacements and estimate costs.
I Develop alternatives for maintaining access for vehicular and pedestrian traffic in the
downtown during project construction.
J Determine alternative scenarios for phasing and sequencing of the initial construction,
including an estimated construction schedule.
K Develop a recommended schedule for completion of design and for project construction.
L Meet (at least twice) with the Downtown Steering Committee (DSC) to inform them
about the project and its objectives, to gather information from the DSC about their
desires and priorities, and to report to them on the findings and recommendations of this
Phase 1 work.
M Evaluate alternatives and develop a recommendation for the initial phase of project
construction. Develop.a budget level cost estimate for the initial construction phase as
well as the total construction project.
N Prepare and present a Preliminary Engineering Report to the City Staff.
Phase 2 Engineering Plans St;>ecifications and Estimates
The purpose of this phase is to prepare the construction documents for project elements to be
included in the initial construction project. Elements of work include the following:
Exhibit A
Page 3
2A Design downtown watermain and sidewalk replacement as described in the Preliminary
Engineering Report approved by the City.
2B Keep the DSC informed of project developments through monthly meetings.
2C Coordinate with designers of other downtown projects, including the Multi-Modal
Transportation Facility.
2D Perform any necessary soils analysis or survey work required for design.
2E Prepare complete construction contract documents, including drawings and specifications
(special provisions) for project bidding. The City will provide standard specifications
boilerplate.
2F Provide 2 complete, copy ready, sets of the contract documents including 1 full size set
(20 scale) and 1 half size set (reduced to 40 scale) drawings.
2G Provide Engineers Estimate of probable construction cost.
2H Provide advise and assistance to City staff during the bidding period. Assist in the
preparation of bidding addenda, if needed.
Phase 3 Engineering Support To Proiect Construction
The purpose of this phase is to assist city construction inspection staff with information, review
of shop drawings and contractor proposals, and advice on resolving any construction difficulties.
Elements of work include the following:
3A Provide periodic review of the work in progress (twice monthly) and report to City staff
regarding the contractor's general adherence to the plans and specifications.
3B Review and comment on contractor shop submittals.
3C Make recommendations regarding contractor's request for information, field changes,
change orders, or claims.
3D Provide electronic copies of as-built drawings, based upon inspection records provided
by the city and marked construction drawings provided by the contractor.
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EXHffiIT B
City of Port Angeles
Downtown Watermain and Sidewalk Replacement
Consultants Labor Rates
Overview
This exhibit presents the actual hourly labor rates to apply to the engineering services for the
Downtown Watermain and Sidewalk Replacement project.
Employee
1995-96
Hourly Rate
M. Bertman
B. Christensen
W.P.C. Staff
A. Brigham
S. Ebeling
J. Grodt
J. Gillespie
J. Harrigan
K. Hartman
K. Hartz
W. Jajou
T. Knight
D. Mark
D. Meents
C. N ovich
E. Oien
D. Parcel
F. Parker
R. Smith
~. Williams
C. Vita
26.74
37.02
13.57
19.38
16.01
37.02
28.08
17.75
27.12
37.50
35.75
17.79
25.00
31.74
36.06
41.83
26.45
18.75
27.65
26.11
46.01
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EXHmIT C
City of Port Angeles
Downtown Watennain and Sidewalk Replacement
N on-Salary Reimbursable Costs
Overview
This exhibit presents the reimbursibale costs for the engineering services for the Downtown
Watennain and Sidewalk Replacement project.
Item
Cost
Mileage
Xerox Reproduction
Mylar Plan Sheets
Diazo Plan Sheets
Xerox Plan Sheets
0.28/mi
O.04/sht
1. 76/sht
0.45/sht
0.15/sht
NTI Staff Costs
Sr. Engineer/Surveyor
Project Engineer/Surveyor
Project Planner
Sr. Design/Survey Tech
Engineer/Survey Tech II
Engineer/Survey Tech I
Sr. Consrtuction Inspector
Construction Inspector
Technical Assistant
Principal Surveyor
Principal Engineer
Geotechnical/Hydrogological Engineer
60.00
55.00
50.00
50.00
45.00
40.00
45.00
35.00
30.00
65.00
75.00
75.00
Project Schedule
City of Port Angeles
Downtown Watermain and Sidewalk Replacement
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VVEEKS
456
10
2
3
7
8
9
Coordination with City
A- Kickoff Meeting .
B- Prepare Base Maps
C- Watermain Size and Location
D- Locate Hollow Sidewalk
E- Locate Existing Water Services
F- Locate Existing Utilities
G- Determine Alternative Fill or Structure
H- Examine Foundation
1- Examine Alternative Sidewalk Finish
J- Vehicle and Pedestrian Access
K- Determine Phasing and Sequencing
L- Develop Project Schedule
M- Steering Committee Meeting . .
N- Evaluate Alternatives and Estimates
0- Prepare Draft Report .
. Meeting
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EXHIBIT E
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION/FACILITIES NONDISCRIMINATION
(The following clause is applicable unless, and to the extent that, this contract is exempt under the rules, regulations, and
relevant orders of the Secretary of labor, including 41 CFR, Ch, 60.)
During the performance of this contract, the Consultant/Contractor agrees as follows:
a
The ConsultanUContractor will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, Vietnam era veteran status, disabled veteran
condition, phYSical or mental handicap, or national origin. The
ConsultanUContractor 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. The ConsultanUContractor will take affirmative
action to employ, advance in employment, and otherwise treat
qualified special disabled or Vietnam era veterans and
handicapped individuals without discrimination based upon their
disability or veterans' status or physical or mental handicap In all
employment actions. Such actions shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates
of payor other forms of compensation, and selection for training,
including apprenticeship The ConsultanUContractor agrees to
post In conspicuous places, available to employees and applicants
for employment, notices to be provided by the local United States
Department of Labor Office setting forth the prOVisions of this
Equal Opportunity/Affirmative Action clause.
and accounts by the contracting agency and the Secretary of labor
for purposes of investigations to ascertain compliance with such
rules, regulations and orders.
The ConsultanUContractor Will not, on grounds of race, color,
religion, sex, physical or mental handicap, or national origin'
1. Deny an indiVidual any services or other benefits
provided under thiS agreement;
2 ProVIde any servlce(s) or other benefits to an individual
which are difference, or are provided In a different
manner from those provided to others under thiS
agreement,
3. Subject an individual to segregation or separate
treatment In any manner related to the receipt of any
service(s) of other benefits provided under thiS
agreement,
b
The ConsultanUContractor Will, In all solicitations or
advertisements for employees placed by or on behalf of the
Consultant/Contractor, state that all qualified applicants will receive
consideration for employment Without regard to race, color,
religion, sex, phYSical or mental handicap, or national origin, and
that the ConsultanUContractor IS under the legal obligation to take
affirmative action to employ, advance In employment, and
othelWlse treat qualified special disabled or Vietnam era veterans
and handicapped individuals Without diSCrimination based upon
their disability or veterans' status or phYSical or mental handicap In
all employment actions. All sUitable employment openings eXisting
at contract award or occurring dUring contract performance will be
listed at the state employment source office In the locality where
the opening occurs, provided that this listing requirement shall not
apply to openings that the ConsultanUContractor Intends to fill from
Within its own organization or under a customary and traditional
employer-Union hiring agreement.
4 Deny any individual an opportUnity to participate In any
program provided by this agreement through the
prOVision of services or otherwise, or afford an
opportunity to do which IS difference from that afforded
others under thiS agreement. The
ConsultanUContractor, In determining (1) the types of
services or other benefits to be provided or (2) the class
of Individuals to whom, or the situation in which, such
services or other benefits WIll be provided or (3) the
class of indiViduals to be afforded an opportUnity to
participate in any services or other benefits, Will not
utilize criteria or methods of administration which have
the effect of subjecting indiViduals to discrimination
because of their race, color, sex, religion, national
oIigln, creed, or the presence of any sensory, mental or
physical handicap
g
In the event of ConsultanUContractor noncompliance WIth the
nOndiSCrimination requirements of thiS contract or With any of the
said rules, regulations, or orders, thiS contract may be canceled,
terminated or suspended, In whole or In part, and the
ConsultanUContractor may be declared Ineligible for further
government contracts In accordance WIth procedures authOrized
In Executive Order No. 11246 of September 24, 1965, and such
other sanctions may be Imposed and remedies Invoked as
prOVIded in ExecutIVe Order No. 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as
otherwise prOVided by law.
c
The ConsultanUContractor will send to each labor union or
representatIVe of workers WIth which he has a collective bargaining
agreement or other contract or understanding, a notice, to be
proVIded by the agency Contracting Officer, advising the said labor
union or workers' representative of the ConsultanUContractor's
commitments under this Equal Opportunity/Affirmative Action
clause, and shall post copies of the notice In conspIcuous places
available to employees and applicants for employment
d
The ConsultanUContractor will comply With all prOVISions of
Executive Order No 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor,
including, but not limited to, the rules, regulations and orders
ISSUed by the Secretary of Labor under the Vietnam Era Veterans'
Readjustment ASSistance Act of 1972, and the Rehabilitation Act
of 1973 (29 USC 793), as amended.
The ConsultanUContractor Will Include the prOVisions of
paragraphs a through g In every subcontract unless exempted by
the rules, regulations, or orders of the Secretary of Labor.
e The ConsultanUContractor Will furnish all information and reports
required by Executive Order No 11246 of September 24, 1965,
and by the rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and Will permit access to hiS books, records,
City of Port Angeles - [12/95]