SCADA System ImprovementsAGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
WILSON & COMPANY, INC., ENGINEERS & ARCHITECTS
for
ENGINEERING SERVICES
(SCADA SYSTEM IMPROVEMENTS)
This Agreement is entered into on the latest date of execution shown on the
signature page by and between the City of Salina, Kansas, (the "CITY") and Wilson &
Company, Inc., Engineers & Architects, a Kansas corporation, (the "CONSULTANT").
Recitals
A. The CITY owns and operates the water treatment, pumping, and
distribution systems, and the wastewater collection, pumping and treatment systems for
the City of Salina, Kansas.
B. The CITY desires to contract for the professional engineering services
necessary, to assist the City to make improvements to the Water System and
Wastewater System Supervisory Control and Data Acquisition (SCADA) systems.
C. The CONSULTANT has the requisite qualifications and experience to
perform the services desired by the CITY and desires to perform those services
pursuant to the terms of this Agreement.
The parties therefore agree and covenant:
1. Scope of Services. The CONSULTANT agrees to perform the services
outlined in the attached and incorporated Exhibit A.
2. Term. The CONSULTANT agrees to perform the services according to
the timeframe described in Exhibit B, subject to prior termination pursuant to the terms
of this Agreement.
3. Compensation. The CITY agrees to compensate the CONSULTANT on
the basis of the actual hourly rates and reimbursable expenses shown on the
CONSULTANT's fee schedule attached and incorporated as Exhibit C, in amounts not
to exceed the budgetary summaries, annual budgets and summary list of tasks attached
and incorporated:
4. Non -appropriation. In the event that this Agreement anticipates work -
spanning multiple budget years for the City, it is subject to further. appropriation by the
CITY's governing body for future fiscal budget years. If the CITY's governing body does .
not appropriate the funds necessary to compensate the CONSULTANT for services to
be provided pursuant to this Agreement in the future fiscal years, the CITY shall so
notify the CONSULTANT and this Agreement shall be null and void for purposes of the
fiscal budget year(s) affected by the decision of the governing body not to appropriate.
1
5. Invoices. CONSULTANT agrees to submit to the CITY detailed
invoices at least monthly for work performed and reimbursable expenses actually
incurred. The invoices shall identify the personnel performing the work, the date of the
work, the work performed and the time required to the one-tenth of an hour. Charges
for subcontracted work will be supported with similar documentation. Charges for
reimbursable expenses will specifically identify the type and amount of each expense in
a manner consistent with the classifications of reimbursable expenses set forth in
Exhibit C.
6. Payment. Invoices will be due and payable within 45 days of receipt by
the CITY. If the CITY disputes any items in CONSULTANT's invoice for any reason, the
CITY may temporarily delete the disputed item and pay the remaining amount of the
invoice. The CITY will promptly notify CONSULTANT and request clarification and/or
correction. Following resolution of any dispute, CONSULTANT will include the disputed
item as resolved on a subsequent invoice. The CONSULTANT retains the right to
assess the CITY interest at the rate of up to one percent (1 %) per month on undisputed
invoices which are not paid within 45 days of receipt by the CITY.
7. Nonperformance. If either party fails to comply with any term of this
Agreement within 10 days after written notice to comply has been mailed by the non -
defaulting party to the defaulting party, such, failure shall be deemed an immediate
breach of this Agreement. In such case, the non -defaulting party may pursue against
the defaulting party such remedies as provided by law or in equity, including without
limitation, the right to specifically enforce this Agreement. In addition, the non -defaulting
party may recover its costs and reasonable attorneys' fees incurred in any action related
to such breach. In the event of such termination upon the default of the
CONSULTANT, the CONSULTANT shall not be entitled to further compensation from
the CITY for work performed or costs sustained following the date of termination.
8. Termination. Either party may terminate this Agreement, with or without
cause, upon 30 days advance written notice to the other party. In the event of such
termination,_ the CONSULTANT shall be compensated for such services as have been
performed through the date of termination.
9. Relationship. It is expressly, understood that CONSULTANT in
performing services under this Agreement, does so as an independent contractor. The
City shall neither have nor exercise any control or direction over the methods by which
CONSULTANT performs its services hereunder. The sole interest and responsibility of
the City is to see that the services covered by this Agreement .are performed and
rendered in a competent, efficient, and satisfactory manner. CONSULTANT shall be
exclusively responsible for all taxes, withholding payments, employment -based benefits,
deferred compensation plans, including but not limited to its workers compensation and
social security obligations, and the filing of all necessary documents, forms, or returns
pertinent to the foregoing.
10. Iniury to Persons or Damage to Property. CONSULTANT acknowledges
responsibility for any injury to person(s) or damage to property to the extent caused by
V
its employees or agents in the performance of its duties under this Agreement and shall
immediately notify the City's Risk Management Department at (785) 309-5705 in the
event of such injury to person(s) or damage to property.
11. Indemnification. To the greatest extent permitted by law, CONSULTANT
agrees to indemnify and save harmless the City, its officials, agents, servants, officers,
directors and employees from and against all claims, expenses, demands, judgments
and causes of action for personal injury or death or damage to property where, and to
the extent that, such claims, expenses, demands judgment or causes or action were
caused by CONSULTANT's negligent acts.
12. Insurance Requirements. CONSULTANT shall maintain the following
insurance coverage without interruption from the date of the commencement of this
agreement until date of final payment and termination of any coverage required to be
maintained after final payment
Professional Liability - Errors and Omissions
The CONSULTANT shall provide Engineers Professional Liability Insurance with
limits not less than $500,000, covering the liability of the CONSULTANT and any
and all consultants, agents or independent contractors which are employed or
retained by the CONSULTANT. The insurer must be acceptable to the City of
Salina. In the event coverage provided is a claims made coverage, the
insurance shall be maintained for a period of not less than three (3) years after
completion of the contract or in lieu thereof purchase of tail coverage (extended
reporting period) under which the City of Salina shall be afforded protection.
In lieu of the above coverage, the CONSULTANT may provide the described
coverage for his own firm in the above amount and submit proof all his
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina.
Commercial General Liability Insurance
CONSULTANT shall provide public liability insurance coverage in an amount no
less than $500,000 covering the liability of CONSULTANT and any and all
consultants, agents or independent contractors which are employed or retained
by CONSULTANT on an occurrence basis.
In lieu of the above coverage, CONSULTANT may provide coverage for its own
firm in the above amount or an additional amount and submit proof all its
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina.
Automobile Liability
CONSULTANT shall provide coverage protecting CONSULTANT against claims
for bodily injury and/or property damage arising out of the ownership or use of
any owned, hired and/or non -owned vehicle. Required minimum limits: $500,000
each accident, combined single limits, bodily injury and property damage.
Worker's Compensation
3
Before beginning any work, CONSULTANT shall furnish to the City satisfactory
proof that he has taken out, for the period covered by the work under this
contract, full workers' compensation coverage as required by state law for all
persons who he may employ directly, or through subcontractors, in carrying out
the work contemplated under this contract, and shall hold the City free and
harmless" for all personal injuries of all persons who the CONSULTANT may
employ directly or through subcontractors.
Certificatefs) of Insurance
Certificate(s) of Insurance acceptable to the City shall be filed. with the City at the
time this Agreement is executed. These certificates shall contain a provision that
coverage afforded under the policies will not be cancelled or substantially
changed until at least thirty (30) days prior written notice has been given to the
City and acknowledged.
Notice of Claim
CONSULTANT, upon receipt of notice of any claim in excess of $1.,000 in
connection with this Agreement shall promptly notify the Risk Management
Department, (785) 309-5705, providing full details thereof, including an estimate
of the amount of loss or liability.
13. Equal Opportunity. In conformity with Chapter 13 of the Salina Code,
the CONSULTANT and its subcontractors, if any, shall: T
a. Observe the. provision of Chapter 13 of the Salina Code and, shall not
discriminate against any person in the performance of work under this
Agreement;
b. Include in all solicitations, or advertisements for employees, the phrase
"equal opportunity employer," or a similar phrase to be approved by the
city's human relations director; and
C. Not discriminate against any employee or applicant for employment in
the performance of this Agreement; and
d. Include similar provisions in any subcontract under this Agreement.
14. Affirmative Action. The CONSULTANT agrees to abide by the Salina
Code Sections 13-132 and 133 relating to affirmative action and affirmative action
plans, attached and incorporated herein as Exhibit D.
15. Compliance with Applicable Law. CONSULTANT shall comply with all
applicable federal, state, and local law in the performance of its duties under this
Agreement.
16. Non -assignable. Due to the unique qualifications and circumstances of the
parties, neither the rights nor the responsibilities provided for under this Agreement shall
be assignable by either party, either in whole or in part.
17. Feminine -Masculine, Singular -Plural. Wherever used, singular shall
include the plural, plural the singular, and use of any gender shall include all genders.
E
18. Kansas Law Applies. This Agreement and its validity, construction and
performance shall be governed by the laws of Kansas. This Agreement shall be
interpreted. according to its fair meaning, and not in favor of or against any party.
19. Severability. The unenforceability, invalidity, or illegality of any provision of
this Contract shall not render the other provisions unenforceable, invalid, or illegal.
20. Time. Time is of the essence of this Agreement. No extension will be
granted unless in writing and signed by the parties. Should the end of a time period fall on
a legal holiday, that time period shall extend to 5:00 p.m. of the next full business day.
21. Persons Bound -Copies. This Agreement shall extend to and bind the
successors and assigns of the parties hereto, and may be executed in any number of
counterparts, each of which shall be deemed an original, or in multiple originals, and all
such counterparts or originals shall for all purposes constitute one agreement.
22. Notices. All notices and demands shall be given in writing either by
personal service or by registered or certified. mail, postage prepaid, and return -receipt
requested. Notice shall be considered given when received on date appearing on the
return receipt, but if the receipt is not returned within five (5) days, then forty-eight (48)
hours after deposit in the mail. Notices shall be addressed as appears below for each
party, provided that if any party gives notice of a change of name or address, notices to
the giver of that notice shall thereafter be given as demanded in that notice.
CITY: City Clerk
City of Salina
PO Box 736
Salina, KS 67402-0736
CONSULTANT: Wilson & Company, Inc., Engineers & Architects
1700 East Iron Avenue
Salina, Kansas 67401 .
23. Typewritten or Handwritten Provisions. Typewritten or handwritten
provisions inserted or attached shall supersede all conflicting printed provisions.
24. Merger Clause. These terms are intended by the parties as a complete,
conclusive and final expression of all the conditions of their. Agreement. No other
promises, statements, warranties, agreements or understandings, oral or written, made
before or at the signing thereof, shall be binding unless in writing and signed by all parties
and attached hereto. Any amendment to this Contract, including an oral modification
supported by new consideration, must be reduced to writing and signed by both parties
before it will be effective.
A
25. Attachments: The following Exhibits and other documents are attached to
and made a part of this Agreement:
a. . Exhibit A: Scope of Services.
b. Exhibit B: Schedule.
G. Exhibit C: Estimate of Costs.
d. Exhibit D: Salina Code Sections 13-132 and 13-133.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective proper officials.
Executed by the CONSULTANT this
day of
060Y' 20 &V
Executed by the CITY this
day of
200
CITY OF SALINA, KANSAS ("CITY) Wilson & Company, Inc.,',Engineers &
Architects ("CONSULTANT")
By: By:
M. uci Larson Kenneth H. Hancock
Mayor Vice -President
ATTEST:
By:
Lieu Ann Elsey
City Clerk
APPROVED AS TO- FORM:
By:
Title: " City Y Attorne `
A
EXHIBIT A
SCOPE OF SERVICES
for
Water System and Wastewater System SCADA Improvements
SECTION 1— BASIC SERVICES OF CONSULTANT
1.1. Project Description
The ENGINEER shall provide the services described below as part of the design and construction of
Water System and Wastewater System SCADA (Supervisory Control and Data Acquisition)
Improvements, hereinafter referred to as the PROJECT. The PROJECT generally includes:
■ The City has already obtained preliminary proposals for SCADA improvements at both the water
and wastewater facilities.
■ Assist the City with evaluation and finalization of proposed improvements.
■ Assist the City with implementation of a design build agreement with the equipment vendor.
■ Review shop drawing and other submittals from the contractor.
■ Assist City staff and coordinate with contractor during project construction.
■ Provide periodic observation during project construction.
■ Review Operations & Maintenance manuals, operator training, and record documents.
The basic services are subdivided under the headings of Final Design Services, Bidding Services,
Construction -Related Services, and Construction Observation Services.
1.2. Final Design Services
1.2.1. Site visits to gather all pertinent information.
1.2.2. Meet with CITY to verify scope and function of proposed systems.
1.2.3. Review proposals and determine if proposed equipment meets CITY's needs.
1.2.4. Prepare written bidding revisions to be made, if any.
1.3. Bidding Services
1.3.1. Assist CITY in evaluating final proposals.
1.3.2. Provide recommendations to accept or reject proposals.
1.4. Construction -Related Services
1.4.1. During construction, CONSULTANT shall be available for interpretation of the
construction Drawings,, technical Specifications, or Bidding Documents.
1
1.4.2: Provide representation for the CITY at a preconstruction review conference with the
selected, Contractor(s).
1.4.3. Review all Contractor submitted pay applications, change orders, Shop Drawings,
material samples, equipment drawings, and other data submittals required for conformance with
the applicable sections of the Documents.
1.4.4. Assist the CITY in conducting a final review of the completed construction in an effort to
determine if the final construction'is in conformance with the Contract Documents.
1.4.5. Assist the CITY in conducting a final review of the Operations and Maintenance manuals
1.4.6. Attend the training sessions conducted by the Contractor for the CITY staff. Document
and.respond to any questions, that arise during the training process.
1.5. Construction Observation Services
The CONSULTANT shall assist CITY's staff in providing construction observation services during the
construction phase of the PROJECT. CITY's staff shall provide daily full-time construction observation
services with assistance from the CONSULTANT as follows:
1.5.1. CONSULTANT shall provide periodic construction observation services during active
construction. A total of 10 half-day (4 -hour days) site visits are anticipated and included as part
of this Agreement.
1.5.2. In addition to the site visits, the CONSULTANT shall have a knowledgeable
representative available on a full-time basis to answer questions from CITY's staff arising during
the construction of the improvements.
SECTION 2 — ADDITIONAL SERVICES OF CONSULTANT
The Basic Services described above do not include the following potential additional services. In the
event that the CITY desires additional services, the scope of work descriptions and fee structures will be
negotiated with the CITY under a Supplemental or separate Agreement.
2.1 Final Design, Bidding, Construction -Related, or Construction Observation Services for
improvements other than the improvements identified under Basic Services above as part of the
described PROJECT.
2.3. Property boundary surveys and/or written land descriptions for the purposes of real property
and/or easement acquisitions in excess of that identified under Basic Services.
2.4. Field surveys or related engineering services needed for construction staking and providing other
special field surveys.
2.5. - Writing of construction contracts for use between the CITY and the construction contractor for
the PROJECT.
2
SECTION 3 - CITY'S RESPONSIBILITIES
To assist in the completion of the work described in Section 1, the CITY shall:
3.1. Designate a person to act as the CITY's representative with respect to the services to be
rendered under this Agreement. Such person shall have authority to transmit instructions, receive
information, interpret, and define the CITY's policies and decisions with respect to the
CONSULTANT's services.
3.2. Arrange for access to and make all provisions for CONSULTANT to enter upon the sites as
required to complete the design services of this Agreement.
3.3. Assist the CONSULTANT by placing at CONSULTANT's disposal all available information
pertinent to the PROJECT, including previous reports and any other data relative to the design or
construction of the PROJECT.
3.4. Obtain approvals and permits from all governmental authorities having jurisdiction over the
PROJECT and such approvals and consents from others as may be necessary for completion of the
PROJECT.
3.5. Examine all studies, reports, records, applications, sketches, Drawings, Specifications,
proposals, and other documents presented by CONSULTANT and render decisions pertaining to the
documents within a reasonable time.
3.6. Schedule, properly announce, and attend all Project meetings with CONSULTANT.
3.7. Give prompt written notice to CONSULTANT whenever CITY observes or otherwise becomes
aware of any development that affects the scope or timing of CONSULTANT's services.
3.8. Provide staff to conduct the daily on-site construction observation during the construction of the
improvements.
3.9. Provide any and all other available information relative to the completion of the
CONSULTANT's services.
3.10. Provide such accounting, independent cost estimating and insurance counseling services as may
be required, such legal services as CITY may require or CONSULTANT may reasonably request with
regard to legal issues pertaining to any services requested.
3.11. Bear all costs incident to compliance with the requirements of this Section.
END
3
EXHIBIT B
TERM OF SERVICES
for
Water System and Wastewater System SCADA Improvements
The CONSULTANT shall provide the services as described in the Scope of Services as per the
timeframe as follows:
1.1 Commencement of Services: This agreement shall commence as of the date of the acceptance of
this Agreement by the CITY.
1.2. Final Design Services: The final design services shall be coordinated and scheduled with the
CITY upon commencement of this agreement.
1.3 Bidding Services: Upon approval and acceptance of the CITY of the final construction contract
documents, the CONSULTANT shall proceed with the performance of the bidding services during the
bidding period.
1.4. ' Construction -Related Services: Services will commence upon the execution of the construction
contract for the work of the PROJECT and will terminate upon written recommendation of the
CONSULTANT or final payment to the Contractor.
1.5. Construction Observation Services: Services will commence upon the execution of the
construction contract for the work of the PROJECT and will terminate upon written recommendation of
the CONSULTANT or final payment to the Contractor.
END
1
EXHIBIT C
FEE SUMMARY
for
Water. System and Wastewater System SCADA Improvements
Scope
Section
Number
Description / Task
Estimated
Cost
Fixed Fee
Estimated
Cost Plus
Fixed Fee
1.2
Final Design Services
$3,928
$589
$4,51.7
1.3
Bidding Services
$358
$54
$412
1.4
Construction Related Services
$6,664
$1,000
$7,664
1.5
Construction Observation Services
$5,712
$857
$6,569
Expenses
SUBTOTAL
$230
$16;892
$0
$2,500
$230
$19,392
Discount Per Settlement
($2,500)
TOTAL ESTIMATED PAYMENT
1 $16,892
$0
$16,892
SCADAIMPROVEMENTS
Salina, Kansas
Prepared By: MWP
Date: 9/25/2009
Filename: Salina SCADA Fee Worksheet.xls
Water and Wastewater System SCADA Improvements
Scope
Section
Number
COST DATA - Hourly Rates, Overhead & MarM1.8000
P7&8
$74.00 OA3&4 $17.00 OH
P5,FS6
$42.50 Marku
P1-4
$39.50
PD1 -3
$30.001 1
OD4
$22.501 1
Scope
Section
Number
Description I Task
P7&8
P5,FS6
P7-4
PDI -31
004
OA3&4
Total
Hrs
Direct
Labor
Cost
OH
Cost
Markup
Total
Fee
0
$1.50
$0
Plots -11"x17" Each
0
$0.20
$0
Postage & Miscellaneous Costs
1
$50
$50
Mileage (Car)
240
1.2.1
Site Visits
0
12
0
0
0
0
12
$510
$918
$214
$1,642
$230
Markup on Expenses N/A
$0
Total Expenses
1
$230
1.2.2
Meet with CITY
0
6
0
0
0
2
8
$289
$520
$121
$930
1.2.3
Review Proposals
0
10
0
0
0
2
12
$459
$826
$193
$1,478
1.2.4
Prepare Revisions
0
3
0
0
0
1
4
$145
$261
$61
$467
1.3.1
Evaluate Final Proposals
0
2
0
0
0
0
2
$85
$153
$36
$274
1.3.2
Provide Recommendations
0
1
0
0
01
0
1
$43
$77
$18
$138
1.4.1
Interpretation of Documents
0
4
0
0
0
0
4
$170
$306
$71
$547
1.4.2
Preconstruction Review Conference
0
4
0
0
0
0
4
$170
$306
$71
$547
1.4.3
Review Submittals
01
20
01
0
0
4
24
$918
$1,652
$386
$2,956
1.4.4
Final Review
0
6
0
01
0
0
8
$340
$612
$143
$1,095
1.4.5
Review of O&M Manuals
0
8
0
0
0
0
8
$340
$612
$143
$1,095
1.4.6
Attend and Document Training Sessions
0
10
0
0
0
1
11
$442
$796
$186
$1,424
1.5.1
Periodic Construction Observation
040
0
0
0
0
40
$1,700
$3,060
$714
$5,474
1.5.2
Answer Ci Questions
0
8
0
0
0
0
8
$340
$612
$143
$1,095
Totals
0
136
0
0
0
10
146
$5,951
$10,711
$2,500
$19,162
DIRECT EXPENSES
Item I Description
No.
Unit
Cost
Total
Cost
$10,711
Total Direct Expense Cost
$230
Total Marku '
$2,500
519,392
Plots- Full Size Each
0
$1.50
$0
Plots -11"x17" Each
0
$0.20
$0
Postage & Miscellaneous Costs
1
$50
$50
Mileage (Car)
240
$0.75
$180
Total Direct Expense Cost
$230
Markup on Expenses N/A
$0
Total Expenses
1
$230
SUMMARY
Total
Item / Description Cost
Total Direct Labor Cost
$5,951
Total OH Cost
$10,711
Total Direct Expense Cost
$230
Total Marku '
$2,500
519,392
IVWJ SOM
Total Fee
&COMPANY
• Discount per N. Ohio Settlement Agreement ($2,500)
Revised Total $16,892
Manhour Development
- Salina SCADA Improvements
Item
Description
P7&8
P5,FS6
P1-4 PD1 -3
OD4
OA3&4
Total
1.2-
FINAL DESIGN SERVICES
1.2.1
Site Visits
0
12
0
0
0
0
12
Site visit to Water Treatment Facility WTF
0
6
0
0
0
0
6
Site visit to Wastewater Treatment Facility WWTF
0
6
0
0
0
0
6
0
0
0
0
0
0
0
1.2.2
Meet with CITY
0
6
0
0
0
2
8
Meeting with City Staff
0
4
0
0
0
0
'4
Meeting Minutes
0
2
0
0
0
2
4
0
0
0
0
0
0
0
1.2.3
Review Proposals
0
10
0
0
0
2
12
Review of WTF Proposal
0
4
0
0
0
0
4
Review of WWTF Proposal
0
4
0
0
0
0
4
Prepare report to City Staff
0
2
0
0
0
2
4
0
0
0
0
-0
0
0
1.2.4
Prepare Revisions
0
3
0
0
0
1
4
Written revisions to bidders
0
3
0
0
0
1
4
0
0
0
0
0
0
0
0
0
0
0
0
0
0-
1.3
BIDDING SERVICES
1.3.1
Evaluate Final Proposals
0
.2
0
0
0
0
2
Evaluation of final WTF Proposal
0
1
0
0
0
0
1
Evaluation of final WWTF Proposal
0
1
0
0
0
0
1
0
0
01
0
0
0
0
0
0
0
0
0
0
0
1.3.2
Provide Recommendations
0
1
0
0
0
0
1
Recommendations to City
01
1
0
0
0 1
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1.4
CONSTRUCTION RELATED SERVICES
1.4.1
Interpretation of Documents
0
4
0
0
0
0
4
Provide Interpretation of documents
0
4
0
0
0
0
4
0
0
0
0
0
0
0
1.4.2
Preconstruction Review Conference
0
4
0
0
0
0
4
Preconstruction Review Meeting
0
4
0
0
0
0
4
0
0
0
0
0
0
0
1.4.3
Review Submittals
0
20
0
0
0
4
24
Review of Pay Applications and Change orders
0
8
0
0
0
1
9
Review of Shop Drawings and Submittals
0
12
0
0
0
3
15
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1.4.4
Final Review
0
8
0
0
0
0
8
WTF Final Review
0
4
0
0
0
0
4
WWTF Final Review
0
4
0
0
0
0
4
0
0
0
0
0
0
0
1.4.5
Review of O&M Manuals -
0
8
01
0
0
0
8
WTF O&M Manual
0
4
0
0
0
- 0
4
WWTF O&M Manual
0
4
0
0
0
0
4
0
0
0
0
0
0
0
1:4.6
Attend and Document Training Sessions
0
10
0
0
0
1
11
WTF System Training
0
4
0
0
0
0
4
WWTF System Training
0
4
0
0
0
0
4
Documentation
0
2
0
0
0
1
3
0
0
0
0
0
0
0
1.5
CONSTRUCTION OBSERVATION SERVICES
M—Periodic Construction Observation
Periodic Observation - 10 days at 4_hours each
ImAnswer City Questions
MAnswer Questions
EXHIBIT D
Sec. 13-132. Affirmative action by contractors required.
(a) Any contractor entering into a contract with the city and such person's subcontractor shall take
affirmative action to insure that employees are treated equally without regard to their race, sex,
religion, age, color, national origin, ancestry or disability. Such affirmative action shall include, but not
be limited to, the following: Employment, upgrading, demotion or transfer, recruiting or recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation and selection for
training, including apprenticeship. The contractor and subcontractor shall agree to post, in conspicuous
places available to employees and applicants for employment, notices to be provided by the director
setting forth provisions of this article. The contractor and such person's subcontractors shall provide all
affirmative action information and necessary documents to implement the compliance with the
requirements of all federal, state and local laws and ordinances.
(b) It shall be no excuse that the employer has a collective bargaining agreement with any union providing
for exclusive referral or approval systems. The failure of the contractor or subcontractors to comply
with the requirements of this article shall be grounds for cancellation, termination, or suspension of the
contract, in whole or in part, by the board of commissioners with the contractor or subcontractors until
satisfactory proof with intent to comply will be submitted to and accepted by the board of
commissioners.
(Ord. No. 92-9493, § 1, 2-3-92)
Sec. 13-133. Affirmative action plans.
Every contractor and subcontractor prior to entering into a contract with the city shall submit to the director
of human relations an acceptable written affirmative action plan which shall:
(1) Identify areas of employment, employment policies, and employment practices which require
action by the contractor or subcontractor to assure equal employment opportunity;
(2) Analyze these areas, policies and practices to determine what actions by said contractor or
subcontractor will be most effective;
(3) Establish a plan with goals and timetables designed to achieve equal employment opportunity;
and
(4) Include provisions for implementation, monitoring, and periodic evaluation in order to insure
that it continues to be a valid plan.
(Ord. No. 92-9493, § 1, 2-3-92)
Sec. 13-134. Exemptions.
The provisions of this article shall not apply to:
(1) Contractors or suppliers who would not be considered as an "employer" as defined in section 13-
2;
(2) Contracts and subcontracts not exceeding twenty thousand dollars ($20,000.00); and
(3) Call type or purchase order agreements which do" not exceed twenty thousand dollars
($20,000.00) in total per calendar year; provided, vendors, contractors and suppliers who will
supply or expect to supply the city with goods or services exceeding twenty thousand dollars
($20,000.00) during the subsequent calendar year not be exempt from the requirements of this
article;
provided, the above exemptions shall not conflict with applicable state or federal laws.
(Ord. No. 92-9493, § 1, 2-3-92)