RES 2001-0601 - Agmt with Thiele Geotech Inc for sewer maintenance division• i
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mo Public Works Department
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��,� 01 FEB B 16 i ti L` 5 0 1819 Farnam Street,Suite 601
wi E' a Omaha,Nebraska 68183-0601
o�Ary`" February 27, 2001 (402)444-5220
O4, FEBRU� CITY CLERK i. Telefax(402)444-5248
City of Omaha OMAHA, NEBRASKi: DonW.Elliott,P.E.
Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Agreement between the City of Omaha and
Thiele Geotech, Inc. to provide testing services for various sewer renovation projects during the
year 2001.
Thiele Geotech, Inc. has agreed to provide various kinds of tests at rates which were listed in the
- Agreement up to a maximum of$25,000.00 per year. The cost will be paid from the year 2001
Sanitary Sewer Improvement Organization 1490, Agency 140, Fund 544. There is a provision
included in the Agreement that allows the Agreement to be extended for one year, from
January 1, 2002 through December 31, 2002, provided both parties agree.
Thiele Geotech, Inc. has filed the required Annual Contract Compliance-Report Form, CC-1, in
the Human Relations Department. The Director of Human Relations will review the firm to
determine its compliance.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
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IP on` , . lliott, P.E. Date 'mayor's Office/Tip Date
Public Works Director % �
Approved: Approved as to Funding:
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Kellie Paris-Asaka Date Stanley P. Ti Date
Human Relations Director Acting Finance Director
P:\PW\1530sap.doc
I
MATERIAL ENGINEERING&TESTING SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this 24th day of January, 2001, by and between the City
of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the
"City"), and Thiele Geotech, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and
provisions as set forth herein below.
PROJECT NAME AND DESCRIPTION
Construction material engineering and testing services on multiple sewer separation projects for
calendar year 2001,with an optional extension for calendar year 2002.
II. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, as set out and more fully described in the
Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated
in Exhibit"A" attached hereto. Such services shall be completed on an on-call basis as requested
by the City field representative or project engineer.
B. Provider designates Daniel J. Thiele whose business address and phone number are 13478
Chandler Road, Omaha,NE 68138, 556-2171 as its project manager and contact person for this
project.
C. Provider agrees to maintain records and accounts, including personnel, financial and property
records, sufficient to identify and account for all costs pertaining to the project and certain other
records as may be required by the City to assure a proper accounting for all project funds. These
records shall be made available to the City for audit purposes and shall be retained for a period of
five(5)years after the expiration of this Agreement.
D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated
providers,employees,and subcontractors.
E. Provider agrees to provide services from January 1, 2001, to December 31, 2001, when and as
directed by the City. At the end of the initial term, Provider shall submit a revised rate schedule
to the City for their review and approval. If both parties agree to these changes, the City shall
have the option of extending this agreement for the period from January 1, 2002 to December 31,
2002.
III. DUTIES OF CITY
A. City designates Clark Squires whose business address and phone number are 6880 Q Street,
Omaha, Nebraska 68117, 444-4938 as its contact person for this project, who shall provide a
notice to proceed and such other written authorizations as are necessary to commence for proceed
with the project and various aspects of it.
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Service, shall be performed on an hourly or unit
price basis, but in no event shall exceed $25,000 per year for both the initial contract period and
optional contract period.
B. Reimbursable expenses shall be billed to the City by the Provider.
C. INCREASE OF FEES
The parties hereto acknowledge that,as of the date of the execution of the Agreement, Section 10-
142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or
nnrcha.ses which taken alone increase the nriainal fee as awarded (al by ten nercent. if the nriainal
•
fee is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand
dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of
any purchase in excess of such limits. However, neither contract nor purchase amendments will
be split to avoid advance approval of the City Council.
The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the city council. The
provisions of this section will be quoted in all future city contracts. Nothing in this section is
intended to alter the authority of the mayor under section 5.16 of the Charter to approve
immediate purchases.
V. OWNERSHIP
All plans and specifications provided pursuant to the terms of this Agreement, including, but not
limited to,reproducible mylars,shall be and become the property of the City.
No additional compensation shall be due the Provider from the City for such plans. However, if the
plans are re-utilized on projects other than those noted above, by the City, the City agrees to first
contact the Provider to contract with the Provider for any required adaptations, contingent upon the
negotiation of a fee for this service acceptable to both the City and the Provider.
VI. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this Agreement are
required,Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
Provider shall carry professional liability insurance in the minimum amount of one half million dollars
and shall carry workers' compensation insurance in accordance with the statutory requirements of the
State of Nebraska.
VIII. INDEMNIFICATION
(1) To the fullest extent permitted by law,the Provider shall indemnify and hold harmless the City, its
agents and employees, their successors and assigns, individually and collectively, from and
against all claims, suits, damages, fines, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from the provision of services under this Agreement,
provide that such claim, suit, damage, fine, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property including loss of use
resulting there from, but only to the extent caused in whole or in part by negligent acts or
omissions of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts
it may be liable, regardless of whether or not such claim, suit, damage, fine, loss or expense is
caused in part by a party indemnified hereunder such obligation shall not be construed to negate,
abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a
party or person described in this paragraph.
Any reuse of the plans or specifications by the City on another project,without the consent of the
Provider,will be the sole responsibility of the City,for which this indemnity shall not apply.
(2) In claims against any person or entity indemnified under this paragraph by an employee of the
Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable,
the indemnification obligation under this paragraph shall not be limited by a limitation on amount
or type of damages, compensation or benefits payable by or for the Provider under workers' or
workmen's compensation acts,disability benefit acts or other employee benefit acts.
2
4
• IX. TERMINATION OF AGREEMENT
This Agreement may be terminated by the City upon written notice to the provider of such termination
and specifying the effective date at least seven(7)days prior to the effective date of such termination.
In the event of termination, the provider shall be entitled to just and equitable payment for services
rendered to the date of termination, and all finished or unfinished documents, data surveys, studies,
drawings,maps,models,reports or photographs shall become, at the City's option,its property.
X. GENERAL CONDITIONS
A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or
permit discrimination in violation of federal or state laws or local ordinances because of race,
color, sec, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal
Code section 13-89,political or religious opinions,affiliations or national origin.
B. Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city
ordinances,resolutions, state laws,federal laws,and existing and applicable rules and regulations.
Nebraska law will govern the terms and the performance under this Agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any
officer or employee of the City shall have a financial interest, direct or indirect, in any City
Agreement. Any violation of this section with the knowledge of the person or corporation
contracting with the City shall render the Agreement voidable by the Mayor or Council.
E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict with the performance of services
required to be performed under this Agreement; he further covenants that in the performance of
this Agreement,no person having any such interest shall be employed.
F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or
deed of any type. This is the complete and full agreement of the parties.
G. Modification. This Agreement contains the entire Agreement of the parties. No representations
were made or relied upon by either party other than those that are expressly sat forth herein. No
agent, employee or other representative of either party is empowered to alter any of the terms
hereof unless done in writing and signed by an authorized officer of the respective parties.
H. Assignment. The Provider may not assign its rights under this Agreement without the express
prior written consent of the City.
I. Strict Compliance. All provisions of this Agreement and each and every document that shall be
attached shall be strictly complied with as written, and no substitution or change shall be made
except upon written direction from authorized representative.
J. Equal Employment Opportunity Clause. Annexed hereto as Exhibit `B" and made a part hereof
by reference are the Civil Rights provisions of this contract. Annexed hereto as Exhibit C" and
made a part hereof by reference are the equal employment provisions of this contract. All
reference in Exhibits "B" or "C" or "D" to "Contractor" shall mean "Provider". Refusal by the
Provider to comply with any portion of this program as therein stated and described will subject
the offending party to any or all of the following penalties:
(1) Withholding of all future payments under the involved contracts to the Provider in violation
until it is determined that the Provider is in compliance with the provisions of the contract;
(2) Refusal of all future bids for any contracts with the City or any of its departments or divisions
until such time as the provider demonstrates that he has established and shall carry out the
policies of the program as herein outlined.
EXECUTED this 24th day of January , 2001 .
i k-kicu G (7-uk io.fc
Provider i/,7,4V/
By
ATTEST
1Pa SCDC�.e7
(Title)
-.EXECUTED this d day ofa , eaew.
. „
_ A CIT MAHA, unicipal Corporation
By
/EST - yor's Office/Title
APPRbVED S T FORM:
City Attorney
. •
TG THIELE GEOTECH, INC
13478 Chandler Road
Omaha,Nebraska 68138-6174
402/556-2171 Fax 402/556-7831
www.thielegeotech.com
Exhibit A
Material Engineering and Testing Services
Sewer Separation Projects
Omaha, Nebraska
January 24, 2001
SCOPE OF SERVICES
Material engineering and testing services will be provided on multiple sewer separation projects within
the City of Omaha on a calendar year basis.
Professional services on these projects may consist of the following services:
1. Compaction tests on structural fill and backfill
2. Compaction tests on pavement subgrades
3. Test concrete materials and make cylinders
4. Appurtenant field and laboratory tests on soil, concrete, and aggregates
5. Engineering consultation,reports, and project management
Test procedures and requirements will be as set forth in the project plans and the City of Omaha Standard
Specifications for Public Works Construction. The frequency and locations of tests will be in accordance
with the contract documents or as directed by the Engineer or field representative. Testing will be
conducted on an "on-call" basis. Where possible, testing should be scheduled 4 to 8 hours in advance. •
However,we will strive to accommodate shorter notice when construction sequences dictate.
ESTIMATED COST
Testing services will be billed at the unit rates listed on the attached Unit Rate Schedule. Any tests not
listed will be billed at our normal fee schedule rates in effect at the time of the test. This fee schedule is
subject to annual adjustment.
The total cost for testing services under this agreement will not exceed $25,000 per year. Separate
monthly invoices will be provided for each project, and will be submitted to the City project manager for
review and processing. •
ATTACHMENTS
Unit Rate Schedule
•
•
Geotechnical, Material, and Environmental Engineering
Material Engineering and Testing Services January 1,2001
Exhibit A Page 2 of 2
UNIT RATE SCHEDULE
Code Description Rate
PROFESSIONAL/TECHNICAL
P-2 Staff Engineer(/hr.) 55.00
P-3 Project Engineer(/hr.) 65.00
P-5 Senior Engineer(/hr.) 95.00
P-42 Technician (/hr.) 32.00
P-43 Level II Technician (/hr.) 38.00
P-44 Level Ill Technician (/hr.) 45.00
P-45 Senior Engineerning Technician (/hr.) 65.00
TRIP CHARGE
T-1 Trip Charge-Zone 1 (/trip) 30.00
FIELD •
F-1 Compaction Test(ea.) 24.00
F-2 Field Moisture Content(ea.) 15.00
F-3 Concrete Test Set (slump/air/temp/cast up to 3 cyl) (/set) 59.00
F-4 Cast Additional Cylinder(ea.) 5.00
F-8 Additional Slump Test(ea.) 11.00
F-9 Additional Air Content Test(ea.) 16.00
F-13 Concrete Test Set(slump/air/temp/set maturity probe) (/set) 59.00
F-14 Set Maturity Probe (material and installation) (ea.) 30.00
F-15 Maturity Readings (ea.) 5.00
F-20 Pavement Core (patch w/fast-set grout)(ea.) 45.00
LABORATORY - SOIL
S-5 Atterberg Limits (/set) 55.00
S-7 Sieve Analysis (ea.) 55.00
S-10 Standard Proctor(ea.) 130.00
LABORATORY - CONCRETE
C-1 Compressive Strength of Cylinder(ea.) 13.00
C-5 Compressive Strength of Core (ea.) 20.00 .
C-7 Hold (strip&cure) (ea.) 8.00
LABORATORY - AGGREGATE
G-1 Absorption and Specific Gravity of Aggregate (ea.) 65.00
G-2 Sieve Analysis of Aggregate (ea.) 58.00
G-4 Soundness-Sodium and Magnesium Sulfate (5 cycles)(ea.) 170.00
G-8 Abrasion (ea.) 135.00
DRILLING
D-1 Drilling for Compaction Test(/ft.) 5.50
D-2 Drill Crew Standby(/hr.) 140.00
MISCELLANEOUS
E-1 Reimbursable Expenses Cost+ 10%
OTHER SERVICES
Any item or category not listed will be billed at our normal Fee
Schedule rate in effect at the time of service.
Note: Trip charges and unit rates for field testing services apply to on-call testing. These unit rates are not additive to
the hourly technician charges that apply to full-time observation/testing services. Hourly charges for technicians apply
to site waiting time due to delays beyond our control,or when full-time testing/observation is provided. Laboratory
testing will be charged at the indicated unit rates.
THIELE GEO T EC H INC
EXHIBIT`B"
Civil Rights Compliance
These specifications are a reprint of parts of Article V of Chapter 10 of the Omaha Municipal Code.
Definitions
(a) For the purposes of this division, the words "discriminate," "discriminates" and "discrimination," are
hereby defined as failing or refusing to hire, or discharging any individual, or otherwise discriminating
against any individual with respect to his or her compensation, terms, conditions or privileges of
employment, because of such individual's race, color, religion, sex, age disability or national origin, or
limiting,segregating or classifying his or her employees or applicants for employment in any way which
would deprive any individual of employment opportunities or otherwise adversely affect the individual's
status as an employee because of such individual's race, color, religion, sex , age, disability or national
origin.
(b) The word "contractor," wherever used in this division, is hereby defined as any person, partnership,
corporation, association or joint venture which has been awarded a contract, and includes every
subcontractor on such a contract.
(c) The word "subcontractor," wherever used in this division, is hereby defined as any person, partnership,
corporation, association or joint venture which supplies any of the work, labor services, supplies,
equipment, materials or any combination of the foregoing under a contract with the contractor on a
contract.
(d) The word "contract," wherever used in this division, is hereby defined as any contract awarded by the
city whereby the city is committed to expend or does expend its funds, including funds received from
other government agencies, in return for work, labor services, financial services, technical services,
supplies,equipment,materials or any combination of the foregoing.
(e) The word "bidder," wherever used in this division, is hereby defined as any person, partnership,
corporation, association or joint venture seeking to be awarded a public contract.
(f) The term "construction contract," wherever used in this division, means any public contract for the
construction, rehabilitation, alteration, conversion, extension or repair of buildings, streets or other
improvements to real property.
(g) Wherever used in this Division,the word"protected class"shall include a person who is:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish culture or origin,regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia,the Indian Subcontinent or the Pacific Islands);
(4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North America and maintaining identifiable tribal affiliations through membership and 1
participation or community identification); or
(5) Female
A-1
11/27/00 Exhibit"B"
(a) The term "protected business enterprise" or "PBE," wherever used in this division, is defined to be a
business at least fifty-one percent (51%) of which is owned, controlled, and actively managed by
protected class members, or, in the case of a publicly owned business, in which at least fifty-one percent
(51%) of the stock is owned and controlled by protected class members; provided that said protected
class ownership or interests are real and continuing and are not created primarily for the purpose of
complying solely for the purpose of obtaining a contract or subcontract under the provisions of this
division or similar legislation.
(i) The words "affirmative action" shall mean any positive measures taken by an employer or a contractor to
remove existing discriminatory practices or eliminate the effects of past discriminatory practices.
(j) The words "equal opportunity program" shall mean any program of an affirmative nature undertaken to
secure greater employment opportunities for one or more members of a protected class.
(k) The term "in compliance employer" or"ICE," wherever used in this division, is defined as an employer
in which at least 25% of the total number of employees in full or part time positions, are members of
protected classes, provided that said protected class employees are not in positions created primarily
solely for the purpose of obtaining a contract or subcontract under the provisions of this division or
similar legislation
(1) The term "lowest and best bid" whenever used in this division shall include authority but not be a
requirement to award a contract to a disadvantaged business enterprise that is not the low bidder, but
who is awarded a contract or subcontract determined by the city to be an acceptable cost higher than a
competing lower bid, except for specially assessed projects. The cost differential in each contract shall
not exceed 3%.
(m) The term "disadvantaged business enterprise" shall mean a business entity that meets three or more of
the following criteria:
(1) has been in existence for at least one year;
(2) is not an affiliate or subsidiary of a business dominant in its field of operation;
(3) is not a non-stocking retailer or wholesaler, a manufacturer's representative, a franchise, or a
business where the owner is an owner or part owner of another similar business;
(4) is economically disadvantaged; i.e. has been deprived of the opportunity to develop and
maintain a competitive position in the industry because of economic conditions; i.e., the owner
lacks the adequate external support necessary to operate a competitive business enterprise as
evidenced by diminished ability to secure long-term working capital, financing, equipment, raw
material, or supplier business has not captured a proportionate share of the market for its goods
and services; or
(5) is socially disadvantaged; i.e., has been subjected to racial or ethnic or other prejudice or
cultural bias because of its identity as a member of a group without regard to its individual
qualities. The social disadvantaged condition must stem from circumstances beyond its control.
A disadvantaged business may include, but not be limited to a business owned by a protected
class, but such business must meet two or other conditions set forth in (m)(1) through (m)(5)
above.
A-2
11/27/00 Exhibit"B"
Equal Employment Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
(a) The contractor shall not discriminate against any employee or applicant for employment because of race,
religion, color, sex, age, disability or national origin. The contractor shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment without regard to
their race, religion, color, sex or national origin. As used herein, the word "treated" shall mean and
include, without limitation, the following: recruited, whether by advertising or by other means;
compensated; selected for training, including apprenticeship; promoted; upgraded; demoted;
downgraded; transferred;laid off; and terminated. The contractor agrees to and shall post in conspicuous
places, available to employees and applicants for employment,notices to be provided by the contracting
officers setting forth the provisions of this nondiscrimination clause.
(b) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race,religion,color,sex,or national origin. age,disability.
(c) The contractor shall send to each representative of workers with which he has a collective bargaining
agreement or other contract or understanding a notice advising the labor union or workers'representative
of the contractor's commitments under the equal employment opportunity clause of the city and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
(d) The contractor shall furnish to the human relations director all federal forms containing the information
and reports required by the federal government for federal contracts under federal rules and regulations,
including the information required by sections 10-192 to 10-194, inclusive, and shall permit reasonable
access to his records. Records accessible to the human relations director shall be those which are related
to paragraphs (a) through (g) of this subsection and only after reasonable notice is given the contractor.
The purpose of this provision is to provide for investigation to ascertain compliance with the program
provided for herein.
(e) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means
of enforcing the provisions of paragraphs (a) through (g) herein, including penalties and sanctions for
noncompliance; however,in the event the contractor becomes involved in or is threatened with litigation
as the result of such directions by the city, the city will enter into such litigation as is necessary to
protect the interests of the city and to effectuate the provisions of this division; and, in the case of
contracts receiving federal assistance, the contractor or the city may request the United States to enter
into such litigation to protect the interests of the United States.
(f) The contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the human
relations director. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
(g) The contractor shall include the provisions of paragraphs (a) through (g) of this section, "Equal
employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such
provisions will be binding upon each subcontractor or vendor. •
A-3
11/27/00 Exhibit"B"
Penalties for Noncompliance
(a) Refusal by the contractor or subcontractor to comply with any portion of this program as herein stated
and described will subject the offending party to any or all of the following penalties:
(1) Withholding of all future payments under the involved contracts to the contractor in violation until
it is determined that the contractor or subcontractor is in compliance with the provisions of the
contract;
(2) Refusal of all future bids for any contracts with the city or any of its departments or divisions until
such time as the contractor or subcontractor demonstrates that he has established and shall carry
out the policies of the program as herein outlined.
(b) In the event the sanctions or penalties contained in paragraph (1) or (2) of subsection (a) are invoked,
the following procedure shall be followed:
(1) The human relations director will notify the contractor of the facts or circumstances which
formed the basis for the allegation that the contractor has not complied with the provisions of
this division,and said notice shall be in writing and received at least ten days prior to any action
being taken by the city.
(2) In the event the contractor wishes to appeal the proposed application of the sanctions provided
herein, the contractor must notify the human relations director within ten days from receipt of
the notice referred to in paragraph (1) regarding the contractor's desire to request a hearing
before the human relations board. If said notice is received, the human relations director shall
notify the human relations board of the request for hearing regarding the proposed sanctions or
penalties. The human relations board shall hear the matter at its next regular meeting. The
contractor shall be allowed to present arguments and facts to the human relations board at any
hearing for the purpose of demonstrating compliance with the division. The human relations
board shall make recommendations to the city council of whether said sanctions or penalties
should be sustained altered, or modified. Notice of said hearing shall be sent to the contractor.
The sanctions or penalties provided herein shall not be invoked until there is a final disposition
by the city council. The city clerk shall place on the city council agenda the request for hearing
regarding the proposed sanctions or penalties. Notice of said hearing shall be sent to the
contractor. The sanctions or penalties provided herein shall not be invoked until there is a final
disposition by the city council.
Contract Compliance Requirements
(a) All reports required herein shall be submitted to the human relations director. •
(b) Each bidder shall file, as part of bid documents, contract employment reports with the city contracting
agency or as may be directed by the human relations director. Such contract employment reports shall
include such information as to the employment practices, policies, programs and statistics of the
contractor,and shall be in such form, as the human relations director may prescribe. Such bid documents
shall include,but not be limited to,material which confirms the following:
(1) That the contractor has notified community organizations that the contractor has employment
opportunities available and shall maintain records of the organizations'responses.
A-4
11/27/00 Exhibit"B"
(2) That the contractor currently maintains a file of names and addresses of each protected class
worker referred to him and what action was taken with respect to each such referred worker, and,
if the worker was not employed, the reasons therefor. If such worker was not sent to the union
hiring hall for referral or if such worker was not employed by the contractor, the contractor's file
shall document this and the reasons therefor.
(3) That the contractor will promptly notify the human relations director when the union or unions
with whom the contractor has a collective bargaining agreement have not referred to the
contractor a minority worker sent by the contractor or the contractor has other information that the
union referral process has impeded his efforts to meet his goal.
(4) That the contractor has solicited bids for subcontracts from available protected class
subcontractors engaged in the trades covered by these regulations, including circulation to
minority associations.
(5) That the contractor certifies that all employees directly involved with the contract will be given a
discrimination prevention presentation approved by the human relations department in one of the
following manners:
(A) If the contractor has a Bureau of Apprenticeship Training (B.A.T.) approved apprentice
program it will be given to all apprentices on an ongoing basis.
(B) The company EEOC officer has attended a City of Omaha Human Relations Department
course and then teaches all employees involved with the contract.
(C) All employees involved with the contract who have a direct contact with the public attend
a discrimination prevention course presented by the City of Omaha Human Relations
Department.
(6) If a complaint is filed against the contractor and it is found to be valid by an investigator of the
City of Omaha Human Relations Department, all employees involved with this complaint will be
required to attend a discrimination prevention course taught by the Human Relations Department
of the City of Omaha, before the company can be awarded future contracts and/or receive final
payment for the existing contract.
Preaward Conference
Following receipt and review of the employment information submitted by the bidders, and prior to award of a
contract in excess of$300,000.00,the apparent successful bidder and his known major subcontractors shall be
required to attend a preaward conference if called by the human relations director, at which time such bidder
and major subcontractors shall submit affirmative action programs to promote equal opportunity in
employment. If a contractor has been determined to be an ICE in the previous years, and if the average
composition of his employment rolls during the previous 12 months demonstrate he continues to meet ICE
requirements, the human relations director may waive the requirement that the contractor attend a pre award
conference and submit an affirmative action plan to the human relations director as part of the contract
documents.
A-5
11/27/00 Exhibit`B"
Subcontractors to be Listed in Bid Documents, Compliance Determination, Recommendation by Human
Relations Director
(a) All contractors have 48 hours following the opening of bids to provide a listing of all subcontractors to
be utilized and the total amount of dollars of each subcontract shall be designated.
(b) The human relations director shall determine whether or not the apparent successful bidder has complied
with the provisions of this division and shall submit his/her determination and recommendation thereon
to the mayor or the director of the department involved.
(c) After receiving the recommendation of the human relations director, the mayor or the director of the
department involved shall process the award recommendation to the city council.
Periodic Compliance Reports
(d) Where a contract exceeds $20,000.00,a periodic compliance report shall be completed and submitted by
the contractor and any subcontractor not later than ten days from the date of the beginning of work on
the site, if the percentage of protected class employees employed by the contractor or any subcontractor
is reduced or increased by 10%or more from the level reported at the time the contract was bid.
(e) If the term of a contract exceeds 90 days,but is less than one year, and the percentage of protected class
employees employed by the contractor or any subcontractor is reduced from the level reported at the
time the contract was bid, a periodic compliance report shall be submitted once each 90 days to provide
a continuing evaluation of the work force composition. Annual update reports shall be filed for contracts
which extend beyond 12 months. With respect to all contracts,regardless of the term, a final report shall
be filed within 30 days after completion of the contract. Subcontractors shall complete and submit such
periodic compliance reports to the contractor for transmittal to the city. Post-award reports shall be
reviewed as one means of determining contract compliance. The human relations department is
authorized to conduct inspections of the contractor's or subcontractor's work force to determine if the
spirit and intent of this division is being fulfilled.
Procedure in Case of Noncompliance
(f) In the event a contractor fails to cooperate in reaching mutually satisfactory solutions or to implement
contract compliance agreements previously made, the human relations director shall review such cases
to determine:
(1) Whether further efforts or alternative approaches are desirable; depending upon the nature of the
problem, such alternatives may involve contact with industry, related labor unions, or requesting
the assistance of the Nebraska equal opportunity commission or the Office of Federal Contract
Compliance Programs and the particular federal agency involved for further negotiation; or
(3) Whether any of the penalties set forth in this division are appropriate to the case.
A-6
11/27/00 Exhibit"B"
•
(b) In the event the human relations director determines that the contractor has violated or has failed to
comply with the equal employment opportunity requirements of the contract after affording such
contractor a reasonable time to correct his situation and where negotiations have been of no avail, he
shall make a finding under subsection (a)(1) or (2) hereof, and shall transmit said finding and
recommendation thereon to the mayor,the director of the department involved and to the city clerk,who
shall transmit forthwith a copy of said finding to a member of the city council.
Award of City Contracts Protected Business Enterprises, in Compliance Enterprises and Disadvantaged
Business Enterprises
(a) Commencing January 1, 2001, the city shall make every good-faith effort feasible to award city
contracts and city-assisted construction contracts for supplies, services and construction work to
protected business enterprises in amounts no less than those determined by the finance director, as of
December 31, of the preceding year, to be proportionate to the percentage the protected business
enterprise bears to the total businesses in the proposed contract industry. These goals shall apply to the
dollar volume of those contracts.
(b) Commencing January 1, 2001, the city shall make every good-faith effort feasible to award city
contracts and city-assisted construction contracts for supplies, services and construction work to
disadvantaged business enterprises in amounts no less than ten(10%)percent of the dollar volume of the
applicable contracts awarded by the City.
(c) hi computing the percentage referred to in this section, contracts awarded to public utilities and other
governmental units shall be specifically excluded from the total contracts awarded. In computing the
percentage referred to in this section, contracts awarded in amounts of $1,000.00 or less shall be
specifically excluded from the total contracts awarded, but not from the total volume of contracts
awarded
(d) Reserved.
(e) In order to be eligible for consideration as an PBE, or a DBE, a business shall execute and file a
"protected/disadvantaged certification form," together with any other documentation as may be
requested by the director of the human relations department or his/her designate, who shall then
determine whether or not the PBE, or DBE is a real,bona fide and continuing business or whether same
appears to have been created or structured primarily for the purpose of complying with the definitions
and provisions herein solely for the purpose of obtaining a contract or subcontract under the provisions
of this section or other similar legislation. Once deemed "qualified," PBE, or DBE need only submit a
certification form on a per-project basis, reflecting that there has been no change in the structure or
composition of ownership of the business. Any business deemed unqualified shall be provided a written
letter setting forth the reason(s) therefor, and the letter shall also advise the business of its right to refile
for determination after curing the defects specified. The letter shall be signed by the director of the
human relations department,approved as to form by the law department, and served by certified mail.
A-7
11/27/00 Exhibit"B"
1
(f) In order to be eligible for consideration as an ICE, a business shall execute and file a CC-1 form
together with any other documentation as may be requested by the director of the human relations
department or his/her designate, who shall then determine whether or not the applicant is a real, bona
fide ICE or whether same appears to have been created or structured primarily for the purpose of
complying with the definitions and provisions herein solely for the purpose of obtaining a contract or
subcontract under the provisions of this section or other similar legislation. The certification is effective
for two years from the date of certification. Once deemed "certified," an ICE need only submit a
certification form on a per-project basis, reflecting that there has been no material decrease in the
percentage of protected class personnel working for the business. Any business deemed unqualified
shall be provided a written letter setting forth the reason(s) therefor, and the letter shall also advise the
business of its right to refile for determination after curing the defects specified. The letter shall be
signed by the director of the human relations depai tnient, approved as to form by the law department,
and served by certified mail.
Exempted Contracts
The provisions of this division shall not apply to any emergency contracts resulting from natural disasters,
tornadoes, blizzards, floods, energy shortages or similar occurrences, provided the mayor declares such an
occurrence to be an emergency by executive order. For the purpose of reporting PBE and DBE contract awards
and dollar volume the following types of contracts shall be excluded; services or commodities provided by
utility companies (water, natural gas, electricity and basic telephone service) non-profit entities; bulk fuel
provided to city refueling or multi-national corporations; and, health, accident and dental insurance. For the
purpose of reporting ICE results and percentages,non-emergency employment data from these sources shall be
excluded.
Appeals
Any contractor aggrieved by any action of the human relations director may appeal, within ten days from the
notification of the action taken by the human relations director, such action, as provided in section 10-193 of
the Omaha Municipal Code.
A-8
• 11/27/00 Exhibit"B"
EXHIBIT"C"
During the performance of this contract,the contractor agrees as follows:
1) The contractor shall not discriminate against any employee applicant for employment because of race,
religion, color, sex, national origin, or disability as defined by the Americans.With Disabilities Act of
1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that
applicants are employed and that employees are treated during employment without regard to their race,
religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the
Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not
limited to,reasonable accommodation. As used herein,the word "treated" shall mean and include,without
limitation, the following: Recruited, whether advertising or by other means; compensated; selected for
training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The contractor agrees to and shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officers setting forth the provisions
of this nondiscrimination clause.
2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race,religion,color,sex or national origin.
3) The contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding a notice advising the labor union or worker's
representative of the contractor's commitments under the equal employment opportunity clause of the city
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4) The contractor shall furnish to the contract compliance officer all federal forms containing the information
and reports required by the federal government for federal contracts under federal rules and regulations,
and including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable
access to his records. Records accessible to the contract compliance officer shall be those which are
related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the
contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means
of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation'
as the result of such directions by the city, the city will enter into such litigation as is necessary to protect
the interests of the city and to effectuate these provisions (of this division); and in the case of contracts
receiving federal assistance, the contractor or the city may request the United States to enter into such
litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the
contractor in the same form and to the same extent as required by the federal government for federal
contracts under federal rules and regulations. Such compliance reports shall be filed with the contract
compliance officer. Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such
provisions will be binding upon each subcontractor or vendor.
illl
Exhibit"D"
THE LIVING WAGE ORDINANCE COMPLIANCE GUIDELINES
IF THIS BID/REQUEST FOR PROPOSAL FALLS UNDER THE GUIDELINES OF THE CITY OF
OMAHA'S LIVING WAGE ORDINANCE, THE COMPANY/EMPLOYER AWARDED A CONTRACT
OR PURCHASE ORDER FOR THIS SCOPE OF WORK UNDERSTANDS AND WILL COMPLY WITH
THE FOLLOWING REQUIREMENTS:
The Living Wage Ordinance applies to the following service contracts and financial assistance recipients:
Service contracts signed after January 1,2001,when the bidding process was initiated after January 1,2001,
and the amount of the contract is equal to or exceeds $75,000; recipients of financial assistance in an amount
equal to or greater than $75,000, in any twelve-month period; Service contracts with an escalation clause or
amendment,where the extension or escalation is equal to or greater than$75,000:
The following contracts are exempt from the requirements of the Living Wage Ordinance:
1) Service contracts for less than $75,000 or those service contracts with an authorized escalation clause or
amendment which increases the amount received by the contractor to $75,000 or more in any twelve-month
period, but where the escalation or amendment amount is under$75,000. 2) Service contracts, which result
from requests for proposals or bid which were solicited before January 1, 2001. 3) Contracts for City
Financial Assistance Recipients (CFAR) involving 501(c)(3) organizations. 4) CDBG tenants and lease
holders. 5) Employers with fewer than 10 employees for 20 or more calendar weeks in the current year or
preceding calendar year. This exemption applies to companies whose work force meets the fewer than 10
employees in 20 weeks guideline, either in the previous year or the current year the service contract was
entered into. 6) CFAR employers who obtain a waiver. No service providers are eligible for waivers.
7)Employers who serve as an intermediary for granting assistance to another employer; except that the City
of Omaha is not exempt. 8) Suppliers of goods, products, equipment, supplies or other personal property.
9)Tenants or leaseholders of a CFAR who employee less than 20 employees. 10)The service contractor of a
CFAR(who receives $75,000 or more)who expends less than half of his or her time on the premises of the
CFAR and is not directly involved in the funded property, program, or project which is the subject of the
City's financial assistance. 11) Employers of"trainees" are exempt from paying the living wage to trainees
for up to 90 days. 12)Employers who receive less than$75,000 in any twelve-month period from the City.
All proposed contractors and City Financial Assistance Recipients (CFARs) subject to the provisions of
these regulations shall submit a completed Declaration of Compliance Form, signed by an authorized
representative, with each proposal,bid or application,to the Living Wage Compliance Officer, Room 1003,
1819 Famam Street, Omaha, NE 68183. The Declaration of Compliance Form shall be made a part of the
executed contract and will be made available for public inspection and copying by the City during its regular
business hours. This Declaration of Compliance form is to be signed by an authorized representative of the
company,obligating the company/firm/CFAR to comply with the Living Wage Ordinance. This signed form
is binding and a legal obligation to meet the terms and conditions of the ordinance under the penalty of
perjury.
Contractors and CFARs shall require their subcontractors and tenants/lease holders who are covered by these
requirements to comply with the provisions of these regulations. Contractors and CFARs shall be
responsible for including language committing the subcontractors or tenants/leaseholders agreement to
comply in their contract with their subcontractor or tenants/leaseholders. Contractors and CFARs shall
submit a copy of such subcontractors or other such agreements with each proposal,bid or application. 1
Employers shall give written notification to each current employee annually and/or at time of hire, of his or
her rights to receive the benefits under the provisions of these regulations. The notification shall be provided •
in English, Spanish and other languages spoken by a significant number of the employees and shall be
posted prominently in communal areas at the work site. A copy of said notification shall be forwarded to the
Living Wage Compliance Officer,Room 1003, 1819 Farnam Street,Omaha,NE, 68183.
D-1 Effective 1/1/01
The notification must include the following information:
Minimum Compensation: All employees are entitled to an initial hourly wage rate of$8.19 with health-care
benefits for full- time and part-time employment, or $9.01 for part time employment without health-care
benefits for work performed on City of Omaha contracts and projects. The initial rates will be upwardly
adjusted each year effective July 1st of every year.
Full-time/Part-time Employee: Means any employee who works 2080 hours, or more, per year shall be
considered a full-time employee. Part-time employee means any employee who works less than 2080 hours
per year.
Basic Health Insurance Benefits: Means that the employer pay $1.25 per hour worked towards health-care
benefits for the employee and dependents which will be equal to insurance premiums of no less than $2600
dollars per year or $216.67 per month for full time employees. Part-time employees, if provided insurance
benefits, will be calculated on a pro rata basis based on the number of hours worked. Proof of health
benefits shall be provided to the City of Omaha not later than 30 days after the execution of the contract
Tenants or leaseholders: Means those who have received $75,000 or more in City financial assistance and
who employee 20 employees for 20 working days within twenty weeks, at the subject property.
Federal Earned Income Credit (EIC): Employers must inform employees earning less than $12 per hour of
their possible right to Federal Earned Income Credit (EIC) and provide employees with forms to apply for
advance EIC payments to the eligible employees in English, Spanish and other languages spoken by a
significant number of their employees within 30 days of employment under the subject agreement.
Employers shall permit authorized City representatives access to work sites and relevant payroll, upon
request during the term of contract. The access should allow inspection and/or copying of company records.
During the period of the contract or five years (for construction of facilities or to purchase real or tangible
property), the City has the right to monitor compliance, investigate employee complaints, and to review any
of the payroll and/or other records necessary for compliance to this ordinance. Employers shall not retaliate
against any employee claiming non-compliance with the provisions of the Living Wage Ordinance and to
comply with federal law prohibiting retaliation for union organizing.
Employers who fail to submit documents, declarations or information required to demonstrate compliance
with these regulations shall be deemed non-compliant,non-responsive or in violation, and will be subject to
the remedies set forth as follows. The City will issue a written notice to the contractor or CFAR when
violations are found. The contractor or CFAR shall have 21 days to appeal to the Finance Director, Room
1004, 1819 Farnam Street, Omaha, NE 68183. If, after 21 days after written notice to the contractor or
CFAR of non-compliance, being non-responsive, or in violation, the City may impose any or all of the
following penalties: Suspension/termination of contract; reimbursement of financial assistance; elimination
from consideration of future contracts; payment of a fine of $50 for each week for each employee until
compliance has been established by the Finance Director; wage restitution for each affected employee; and
any or all other remedies allowed by law.
Employees that have complaints regarding violation of this Ordinance or complaints of retaliation must file
the forms with the Living Wage Compliance Officer, together with copies of all documents supporting the
allegation,within 30 days after the alleged wrongful action.
D-2
Effective 1/1/01
NOTIFICATION TO EMPLOYEES OF THEIR RIGHTS UNDER
THE LIVING WAGE ORDINANCE
The City of Omaha has enacted the Omaha Living Wage Ordinance. This ordinance provides for a Living
Wage of at least 110% of the federal poverty level for a family of four, or 100% of the poverty level, if
described health benefits are paid by the employer,to be adjusted July 1st of each year.
Employees are hereby notified of their rights under the Living Wage Ordinance.
All employees are entitled to an initial hourly rate of$8.19 will health care-benefits for full-time and part-
time employment, or $9.01 for part-time employment without health-care benefits for work performed on
City of Omaha contracts and projects. The initial rates will be upwardly adjusted each year effective July
first of every year. Any employee who works 2080 hours, or more, per year shall be considered a full-time
employee. Part-time employees are any employees who work less than 2080 hours per year.
Employees shall be provided with a minimum of$1.25 per hour for each hour worked towards health-care
benefits for the employee and dependents which will be equal to insurance premiums of no less than $2600
per year or$216.67 per month for full-time employees. Part-time employees if provided health benefits,will
be calculated on a pro rata basis,based upon the hours worked.
Employees earning less than$12 per hour must be advised by their employer of the employees possible right
to Federal Earned Income Credit (EIC), not later than 30 days from the initial date of employment. These
forms from the federal government informing employees about the EIC and forms from the federal
government required to secure advance EIC payments shall be made available by all employers. These
forms shall be provided to the eligible employees in English, Spanish and other languages spoken by a
significant number of the employees within 30 days employment under the terms of this ordinance and as
required by the Internal Revenue Code.
The employer shall provide written notification shall be provided to each current and new employee at the
time of hire of his or her rights under the provisions of the Living Wage Ordinance. This written notification
shall be in English, Spanish or other language spoken by a significant number of employees. This written
notification shall be posted prominently in communal areas at the work site.
Any and all complaints regarding violation or non-compliance with the Living Wage Ordinance must be
filed with the City of Omaha, c/o Living Wage Compliance Officer, Room 1003, 1819 Farnam Street,
Omaha, NE, 68183, Attn Joe Couch 444-5409; together with copies of all documents supporting the
allegation, within 30 days after the allegedly wrongful action. An employee who alleges violation of any
provision of this ordinance may report such acts to the City's Living Wage Compliance Officer and, at the
employee's discretion,exhaust available employer internal remedies.
All complaints regarding violation of the Living Wage Ordinance submitted to the Living Wage Compliance
Officer will be maintained in strict confidence between the party filing the complaint and the City of Omaha.
The complainant or witnesses' identity will not be divulged to the employer without the individual
employee's written consent. Employees filing complaints of violation or non-compliance with the
provisions of the Living Wage Ordinance,participating in any of its proceedings,using any civil remedies to
enforce his or her rights, or otherwise asserting his or her rights under this Ordinance, shall not be retaliated
against in any fashion by any employer. An employee claiming retaliation(such as,termination,reduction in
wages or benefits or adverse changes in working conditions) for alleging non-compliance with his ordinance
may report the alleging retaliation in the same manner as the initial complaint. Copies of the Notice of
Complaint are attached for filing such claim with the City of Omaha. Any notice of complaint should be
submitted to: City of Omaha, c/o Living Wage Compliance Officer, Room 1003, 1819 Farnam Street,
Omaha,NE 68183.
D-3
Effective 1/1/01
LIVING WAGE ORDINANCE#35195 AS AMENDED
Proof of Health Benefits
Name of Entity
Address
City State Zip Code
Contact Person with above Entity
Phone Number
Start Date of Contract with City Date Contract Expires
Resolution/Ordinance Number Date Signed
Amount of Contract Per Year $
Information on Health Care Provider
Name(s)of Carrier Address
City State Zip Code
Phone Number Policy Number
Policy Effective Date Policy Expiration Date
1. Are all full-time employees and their dependents covered under the medical insurance policy?
Yes No
2. If you answered yes to Question No. 1, do you provide health benefits at or above a level of$1.25 per
hour per employee? Yes No
3. Are all part-time employees and their dependents covered under the medical insurance policy?
Yes No
4. If you answered yes to Question No. 3, do you provide health benefits at or above a level of$1.25 per
hour per employee? Yes No
5. If you answered no to Question No. 3,what is the lowest wage(per hour)paid to part-time workers?
ATTACH A COPY OF YOUR CONTRACT WITH THE HEALTH CARE PROVIDER AND SIGN
BELOW. RETURN TO: LIVING WAGE COMPLIANCE OFFICER, PURCHASING DIVISION,
OMAHA-DOUGLAS CIVIC CENTER, SUITE 1003, 1819 FARNAM STREET, OMAHA, NE 68183,
Attn: Joe Couch 444-5409.
SIGNATURE TITLE
DATE
D-4
Section 10-313(b), 10-321(d)(2)
Effective 1/1/01
•
CITY OF OMAHA
• LIVING WAGE ORDINANCE
CITY FINANCIAL ASSISTANCE RECIPIENT REQUEST FOR WAIVER
Prior to executing any contract to provide assistance to any City Financial Assistance Recipient (CFAR),the City
must obtain from each proposed CFAR seeking a waiver under this Ordinance, documentation sufficient to certify
the specific exemption. A CFAR who contends it is unable to pay all or part of the living wage must provide a
detailed explanation in writing to the City Living Wage Compliance Officer,who may recommend a waiver to the
City Council. The explanation must set forth the reasons for its inability to comply with the provisions of this
Ordinance, including a complete cost accounting for the proposed work to be performed with the financial
assistance sought, including wages and benefits to be paid all employees, as well as an itemization of the wage
and benefits paid to the five highest paid individuals employed by the CFAR. The CFAR must also demonstrate
that the waiver will further the interests of the City in creating training positions which will enable employees to
advance into permanent living wage jobs or better and will not be used to replace or displace existing positions or
employees or to lower the wages of current employees.
The City Council will grant a waiver only upon finding and determining that the CFAR has demonstrated
economic hardship and that a waiver will further the interests of the City in providing training positions which
will enable employees to advance into permanent living wage jobs or better. However, no waiver will be granted
if the effect of the waiver is to replace or displaced existing positions or employees or to lower the wages of
current employees.
Waivers from the Ordinance are disfavored, and will be granted only where the balance of competing interests
weighs clearly in favor of granting the waiver. If waivers are to be granted, partial waivers are favored over
blanket waivers. Moreover, any waiver shall be granted for no more than one year. At the end of the year the
CFAR may reapply for a new waiver which may be granted subject,to the same criteria for granting the initial
waiver.
The City Council reserves the right to waive the requirements of this Ordinance upon a finding and determination
of the City Council that a waiver is in the best interests of the City, e.g. when the City has declared an emergency
due to natural disasters and needs immediate services.
THE FOLLOWING CONDITIONS MUST BE MET IN ORDER TO QUALIFY FOR A WAIVER. ATTACH
SUPPORTING DOCUMENTATION TO VERIFY THE REQUEST FOR CONSIDERATION TO GRANT A
WAIVER:
Upon a finding and determination of economic hardship and that the waiver will further the interests of the City in
creating training positions which enable employees to advance into jobs paid at living wage or better when
recommended by the City Living Wage Compliance Officer,provided:
1. the CFAR has submitted a detailed,written explanation of its economic hardship;
2. that said explanation states the reasons for the CFAR's inability to pay a living wage and includes a
complete cost accounting of the work to be performed with the assistance sought, stating wages and
benefits to be provided to all employees, and itemized in wages and benefits paid to the five highest paid
employees;
3. that the CFAR will create training positions which will enable employees to advance into permanent jobs,
paid at living wage rates or better rates:
4. that existing positions or employees will not be replaced or displaced and that wages of existing
employees will not be lowered by said training positions;
All CFAR requests for waivers are to include documentation to support application for waivers. Requests for
waivers will be submitted to: City of Omaha, c/o Living Wage Compliance Officer, Room 1003, 1819 Farnam
Street, Omaha,NE 68183.
D-5 Effective 1/1/01
LIVING WAGE ORDINANCE#35195 AS AMENDED
Department Directors'Notice to Finance Department
of
Contracts or CFAR's Covered by the Living Wage Ordinance
Please fill out completely and send to the Living Wage Compliance Officer in the Purchasing Division of the
Finance Department as soon as possible after contract is passed by the City Council.
Name of Entity
Service Contractor CFAR (Check one.)
Contract Amount Per Year $
Resolution/Ordinance Number _ Date Signed
Amendment/Supplemental Assistance to Ordinance/Resolution Number
Date Approved
Amendment/Supplemental Amount Per Year $
Start Date of Contract _Ending Date of Contract
Contact Person(of Entity) Position
Address
Phone Number
Department Contact Person Phone Number
Please add any other information which will be helpful to the Finance Department in monitoring this contract
according to the Living Wage Guidelines. Please use the back of this form or attach additional information.
After completing this form, please send to the Living Wage Compliance Officer, Finance Department, Room
1003,Omaha-Douglas Civic Center,Omaha,NE 68183,Attn:Joe Couch 444-5409.
Person Completing This Form
Date Sent to the Finance Department
D-6
Section 10-311
Effective 1/1/01
-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr February 27, 2001
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Sewer Maintenance Division of the Public Works Department is
responsible for developing and constructing various sewer renovation projects throughout the
City, including rehabilitation of existing sewer lines, the separation of combined sewer segments,
and the construction of new lines where overloading has occurred; and,
WHEREAS, it is necessary that independent testing laboratories be engaged to
test, analyze, and report on the quality of work performed in these projects; and,
WHEREAS, an Agreement with Thiele Geotech, Inc. to provide various kinds of
tests at rates which are listed in the approved Agreement, which by this reference becomes a part
herein,up to a maximum of$25,000.00 for the year 2001; and,
WHEREAS, the Agreement includes a provision that allows it to be extended for
one year, from January 1, 2002 through December 31, 2002, provided both parties agree; and,
WHEREAS, the cost will be paid from the year 2001 Sanitary Sewer
Improvement Organization 1490, Agency 140,Fund 544.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Agreement between the City and Thiele Geotech, Inc. to provide
independent testing services for the Sewer Maintenance Division from January 1, 2001 to
December 31, 2001 is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the cost of the testing
services provided under this Agreement, not to exceed $25,000.00, from the year 2001 Sanitary
Sewer Improvement Organization 1490, Agency 140, Fund 544.
P:\PWU531sap.doc APPROVED AS TO FORM:
Y ATTORNEY DATE
By
Councilmember
Adopted
FEB 2 7 2001 -O
i C k
Approved
Mayor
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