HomeMy WebLinkAbout39-06 RESOLUTIONRESOLUTION NO. 39-06
A RESOLUTION AUTHORIZING THREE (3) CONTRACT EMPLOYEE
POSITIONS FOR PROJECT MANAGEMENT OF THE WASTEWATER
SYSTEM IMPROVEMENT PROJECT; AND APPROVING SAID
CONTRACTS AS TO FORM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
Three (3) Contract Employee Positions for project management of the Wastewater System
Improvement Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
said contracts as to form.
PASSED and APPROVED this 7th day of March, 2006.
APPROVED: ATTEST:
By
DAN COODY, May
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (this "Agreement") is executed effective as of
the day of , 2006, by and between the City of Fayetteville, Arkansas
(the "Employer"), and (the "Employee").
WITNESSETH:
WHEREAS the Employer is a city located in the State of Arkansas; and
WHEREAS the Employer desires to retain the services of the Employee and the
Employee desires to accept such employment upon the terms and conditions contained
herein.
•
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree
as follows:
1. EMPLOYMENT The Employer hereby employs the Employee as a
Wastewater System Improvement Project (Project) Inspector (WSIP Inspector), and the
Employee accepts such employment, in each case upon the terms and conditions
contained herein.
2. TERM
a. Unless terminated earlier as provided herein, the term of this Agreement shall
begin as of the date hereof and shall continue until 365 days past "substantial completion"
of the construction of the Employer's West Side Wastewater Treatment Plant. When used
in this Agreement, "substantial completion" is as defined in the Contract Document for
Fayetteville Project No. 02133, which is the following: when the West Side Wastewater
Treatment Plant has progressed to the point where, in the opinion of the Engineer,
McGoodwin, Williams, and Yates or its successor, as evidenced by his definitive certificate
of Substantial Completion, it is sufficiently complete, in accordance with the Contract
Documents, so that the West Side Wastewater Treatment Plant can be used for the
purpose for which it is intended. Within ten (10) days after the Engineer has certified the
substantial completion of the West Side Wastewater Treatment Plant, the Employer will
notify the Employee in writing of the date of "substantial completion" and of the date of the
termination of this Agreement, which will be 365 days after substantial completion.
b. This Agreement may be terminated by the Employee upon not less than thirty
(30) days prior written notice.
1
c. The Employee and Employer agree that the Employee is not entitled to
severance following the termination of this Agreement, regardless of the reason for
termination of the Agreement.
3. DUTIES.
a. The Employee shall devote his full working time, attention and
energies to the Employer and its Business during normal working hours for purposes of
performing his obligations and duties hereunder. In this regard, the Employee shall
perform such functions as are ordinary and customary in the performance of similar
services by persons occupying a like position with other businesses of similar size and
operation. Specifically, the duties of the Employee shall include, but are not limited to, the
following: the administering, monitoring, and inspecting of various construction projects
that are components of the Project, serving as the Employer's lead field representative and
field point of contact; and ensuring that the Employer receives the quality of matenals and
workmanship contracted for and that projects are completed in a timely manner. Additional
duties of the Employee are contained in the WSIP Inspector job description, attached to
this Agreement as Exhibit A. The precise duties of the Employee may be reasonably
specified from time to time by the Employer.
b. The Employee shall comply with all requirements, directions, requests,
rules, regulations, policies, and procedures of the Employer as amended by the Employer
at its discretion, including but not limited to, those in the Employer's Employee Handbook
and any and all state, federal, or local laws or regulations. The Employee acknowledges
and agrees that a violation, or violations, of the Employer's policies and procedures,
including, but not limited to those found in The Employer's Employee Handbook, or the
terms contained in this Agreement, may constitute "cause" for termination of the
Employee's employment with the Employer and may provide the Employer grounds for
terminating this Agreement under Paragraph 6. To the extent any conflict arises between
this Agreement and the Employee Handbook with respect to Employee, the provisions of
this Agreement are controlling.
c. The Employee shall faithfully perform his employment services
hereunder in good faith to the best of his ability and for the best interests of the Employer.
d. Unless otherwise expressly authorized by the Employer in writing, the
Employee shall not take any action on behalf of the Employer which is outside the normal
scope of the Employee's employment or otherwise outside the ordinary and customary
course of the Employer's business.
e. The Employee's immediate supervisor will be the Wastewater System
Improvement Project Manager/Engineer or his designee.
COMPENSATION.
a. The Employee shall be paid by the Employer at a rate of
Dollars ($ ) per hour during the term
hereof in exchange for the Employee's services hereunder. The Employee's compensation
shall be subject to all applicable withholding, Social Security, Medicare, and other payroll
related taxes Employee's compensation will be paid pursuant to the Employer's bi-weekly
pay periods that begin on Monday and end on Sunday.
b. The Employee's salary will be increased on an annual basis in a
percentage amount equal to the annual percentage change in the ,Consumer Price Index
All Urban Consumers (CPI -U), U.S. City Average, All Items Less Food and Energy, index
base period (1982-84=100), as reported on July 1 of the preceding calendar year. The
increase in the Employee's pay will be effective on the payroll that either coincides with or
is the first following January 1.
c. The Employee must accurately record on a time card all hours at work,
including morning arrival at work, departure for lunch, retum from lunch, and departure at
the end of the work day. Under no circumstances should the Employee perform any work
"off the clock."
d. The Employee may be required to work overtime, and all overtime
must be approved by the Employee's supervisor prior to being worked. The Employee
must complete an "Employee Overtime/Comp Time Payroll Reporting Form" and obtain
supervisory approval in order for the time to be considered approved overtime.
e. If the Employee fulfills his obligations under this Agreement, and if the
Employee remains employed by the Employer from the date hereof until 365 days past
"substantial completion" as that term is defined in Paragraph 2(a), then the Employee may
be entitled to receive an Economic Transition Payment (ETP). If the Employee meets
these eligibility requirements, the ETP will be paid at the end of the contract period and will
be based on twelve (12) percent of the Employee's earnings during the contract period
For purposes of this paragraph only, the end of the construction project is defined as one
year (365 days) after the date of substantial completion, as defined in Paragraph 2(a) of
this Agreement.
5. WORKING FACILITIES. The Employer shall provide the Employee with such
commercially reasonable office space and facilities as are suitable for the Employee's
position and reasonably appropriate for the performance of the Employee's duties
hereunder.
6. VACATIONS AND HOLIDAYS. The Employee shall be entitled to fifteen
(15) days per year, in the aggregate for paid time off (PTO). PTO shall be used for
vacation, personal, or sick leave. The Employee will also receive eight (8) hours of holiday
pay for each of the City's eleven (11) observed holidays that occur during the Employee's
period of employment. The Employee may carry over to the following calendar year any
PTO not taken during any calendar year. Upon the termination of this Agreement, the
Employer will not pay the Employee for any unused PTO.
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7. VOLUNTARY INSURANCE BENEFITS. If the Employee meets all
enrollment eligibility requirements, the Employee shall be entitled to all group insurance
plans and voluntary benefits provided by the Employer with the exception of the Employee
Retirement Savings Plan and the 457 Deferred Compensation Plan.
8. DEATH. If the Employee dies during the term of the Employee's
employment, the Employer shall pay to the estate of the Employee the compensation that
would otherwise be payable to the Employee hereunder up to and including the end of the
last day worked by the Employee Thereafter, this Agreement shall terminate and the
Employer shall have no further obligations hereunder.
9. DISABILITY. If Employee becomes disabled or incapacitated so that he is
unable to carry out or perform the duties required of him under this Agreement for a period
of greater than ninety (90) days, the Employer shall have the right to terminate Employee's
employment upon written notice to Employee. The Employer will comply with the
Americans with Disabilities Act (ADA) in providing a reasonable accommodation when
required by law.
10. TERMINATION OF EMPLOYMENT Disputes concerning the Employee's
alleged neglect of responsibilities, inappropriate behavior, unsatisfactory performance, or a
violation, or violations, of the Employer's policies and procedures, or other alleged
violations of the Agreement, should, whenever possible, be resolved and remedied by
cooperative discussion between the Employee and the Employer. If those discussions fail
to resolve the dispute(s), the Employer may terminate the Employee's employment, upon
notice, "for cause." The Employer may terminate this Agreement without liability (other
than the payment of accrued salary through the date of termination) at any time after the
occurrence of any one or more of the following events of termination:
a. The Employee engaging in any act which constitutes (i) a felony under
any state law or law of the United States, (n) gross, willful, or wanton negligence or
misconduct against the interests of the Employer, (iii) breach of any fiduciary duty to the
Employer, (iv) embezzlement or misuse of the funds of the Employer's, (v) fraud, (vi)
falsification of records of the Employer, (vii) violation of the Employer's harassment policy,
(viii) violation of the Employer's substance abuse policy, (ix) discourteous treatment of the
public or co-workers, (x) absence without approved leave or failure to report for duty, or (xi)
a willful material breach of this Agreement.
b. The Employee engaging in any act which causes embarrassment to
the Employer or brings the Employee or the Employer into disrepute in the community,
including, without limitation, excessive or habitual use of drugs or alcohol, or any act of
moral turpitude.
c. The Employee's insubordination and/or failure to fulfill and perform the
Employee's duties and covenants hereunder in a faithful, diligent, and efficient manner;
provided that no termination shall occur under this. subsection (c) until the Employee has
4
received written notice from the Employer of such failure and has failed to cure the same to
the reasonable satisfaction of the Employer within ten (10) days after receipt of such
notice.
11. GRIEVANCES. If the Employee has a grievance concerning any disciplinary
action issued him or concerning his termination, he should make the grievance in writing to
his supervisor. Acknowledgment of receipt of such grievance shall be made in writing
within one (1) week and a commitment to attempt to resolve the grievance within thirty (30)
days shall bemade by the supervisor. If a solution is not achieved yet, then the matter
may be referred by the supervisor to the Water and Wastewater Director. The Water and
Wastewater Director, after deliberation/consultations, may submit its recommendations to
the Operations Director for final action.
12. IMPROPER USE OF INFORMATION. The Employee shall not use any
confidential or advance information obtained by virtue of his employment for personal or
financial advantage.
13. RETURN OF EMPLOYER PROPERTY Upon termination of employment, the
Employee agrees to immediately return to the Employer all property of the Employer in the
possession or control of the Employee.
14. REMEDIES. The parties expressly acknowledge and agree that the
provisions of Sections 12 and 13 of this Agreement (along with the provisions of this
Section 14) shall survive any termination of this Agreement and any termination of
Employee's employment hereunder, and in the event of the Employee's actual or
threatened breach of any of such provisions, the Employer shall be entitled (without
requirement to post a bond) to an injunction restraining the Employee from any such
breach. Nothing contained herein shall be construed as prohibiting the Employer from
pursuing any other available remedies for such breach or threatened breach, including the
recovery of damages.
15. MISCELLANEOUS.
a. Assignment. This Agreement and the rights, obligations and duties of
the Employee hereunder shall not be assignable or otherwise transferable.
b. Modification. No term or provision contained herein may be modified,
amended or waived except by written agreement signed by the party to be bound thereby.
c. Binding Effect and Benefit. This Agreement shall inure to the benefit
of, and shall be binding upon the parties hereto, and their respective heirs, executors,
administrators, personal representatives, successors and permitted assigns.
d. Headings and Captions. Subject headings and captions are included
for convenience purposes only and shall not affect the interpretation of this Agreement.
5
e. Notice. All notices, requests, demands and other communications
permitted or required hereunder shall be in writing, and shall be delivered in person, or
mailed, registered or certified United States mail, postage prepaid, or otherwise sent by
generally recognized commercial overnight courser as follows:
If to the Employee, addressed or delivered in person to:
If to the Employer, addressed or delivered in person to:
or to such other address as either party may designate by notice. Any such
notice shall be effective upon receipt (or refusal to accept receipt) by the addressee.
f. Severability. If any portion of this Agreement is held invalid, illegal or
unenforceable, such determination shall not impair the enforceability of the remaining
terms and provisions herein which may be given effect, and to this end the terms and
provisions of this Agreement are declared to be severable.
g. Waiver. No waiver of a breach or violation of any term or provision of
this Agreement shall operate or be construed as a waiver of any subsequent breach or limit
or restrict any right or remedy otherwise available. Any waiver must be in writing.
h. Rights and Remedies Cumulative. The rights and remedies expressed
herein are cumulative and not exclusive of any rights and remedies otherwise available.
Gender and Number. Throughout this Agreement, the masculine shall
include the feminine and neuter and the singular shall include the plural and vice versa as
the context requires.
j. Entire Agreement. This document constitutes the entire agreement of
the parties and supersedes any and all other prior agreements, oral or written, with respect
to the subject matter hereof.
k. Governing Law. This Agreement shall be subject to and governed by
the laws of the State of Arkansas, without regard to conflict of law principles.
I. No Joint Venture or Partnership. This Agreement shall not be
considered to create any type of joint venture, partnership or any other similar legal
6
relationship between the parties, it being the intent of the parties to create only an
employer-employee relationship.
m. Joint Preparation. This Agreement shall be deemed to have been
prepared jointly by the parties hereto, and any uncertainty or ambiguity existing herein shall
not be interpreted against any party by reason of its drafting of this Agreement, but shall be
interpreted according to the application of the general rules of interpretation for arm's
length agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of
the day and year aforesaid.
115183
EMPLOYER:
By:
Title:
EMPLOYEE:
7
Grade NB 10
WASTEWATER SYSTEM IMPROVEMENT PROJECT (WSIP) INSPECTOR
POSITION SUMMARY
•
01-06
Administer, monitor and inspect construction projects that are
components of the $175 million Wastewater System Improvements
Project, designed and constructed by engineers working for the
City. Serve as the City's lead field representative and field point
of contact. Ensure the City receives the quality of materials and
workmanship contracted for and that projects are completed in a
timely manner with minimum possible inconvenience to the public.
PRIMARY RESPONSIBILITIES AND DUTIES
Inspects and participates in the work of technical, professional,
and operational personnel, including surveying and field work, and
reviews plans and specifications for wastewater plants, pumping
stations and lines.
Assists the Project Manager in evaluating modifications, making
cost estimates on projects, and in gathering information for
contract negotiations.
Assists in the preparation of construction contracts during the
bidding phase of a project and in bid evaluation.
Reviews or periodic and final pay estimates.
Performs daily, periodic, as -needed and final inspection of
projects.
Participates in preconstruction.and in -progress conferences and
meetings.
Evaluates the need for and prepare and/or approve field change
orders. Keep the WSIP Project Manager and Water and Wastewater
Director or the designated City representative informed of minor
changes as they arise and request approval for any major change.
Oversees tests and specific construction activities required to
ensure compliance with contract specifications.
REQUIREMENTS OF POSITION
•
Position requires graduation from high school or equivalent plus
two years of applicable college coursework preferred. Position
requires motor vehicle license, three years of municipal
WSIP InspectorJobDesc Jan06-01.000
construction experience and good interpersonal skills. A minimum of
four years experience in a field inspection or engineering position
is desired.
Must be familiar with the use of a calculator, PC, surveying
instruments, water and sewer test machines, pipe laser, aerial
lifts, backhoe and front end loader. Position requires 70% field
work in and around open trenches and in the immediate vicinity of
all types of construction equipment, blasting, in confined spaces
and in public traffic.
Incumbent must be capable of working closely with contractors,
engineers, developers, and the public.
WSIP Inspector.JobDesc Jan06-01.DOC
•
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (this "Agreement") is executed effective as of
the day of 2006, by and between the City of Fayetteville, Arkansas
(the "Employer"), and (the Employee").
WITNESSETH:
WHEREAS, the Employer is a city located in the State of Arkansas; and
WHEREAS, the Employer desires to retain the services of the Employee and the
Employee desires to accept such employment upon the terms and conditions contained
herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree
as follows:
1. EMPLOYMENT. The Employer hereby employs the Employee as a
Wastewater System Improvement Project (Project) Manager/Engineer, and the Employee
accepts such employment, in each case upon the terms and conditions contained herein.
2. TERM
a. Unless terminated earlier as provided herein, the term of this Agreement shall
begin as of the date hereof and shall continue until 365 days past "substantial completion"
of the construction of the Employer's West Side Wastewater Treatment Plant When used
in this Agreement, "substantial completion" is as defined in the Contract Document for
Fayetteville Project No. 02133, which is the following: when the West Side Wastewater
Treatment Plant has progressed to the point where, in the opinion of the Engineer,
McGoodwin, Williams, and Yates or its successor, as evidenced by his definitive certificate
of Substantial Completion, it is sufficiently complete, in accordance with the Contract
Documents, so that the West Side Wastewater Treatment Plant can be used for the
purposes for which it is intended. Within ten (10) days after the Engineer has certified the
substantial completion of the West Side Wastewater Treatment Plant, the Employer will
notify the Employee in writing of the date of "substantial completion" and of the date of the
termination of this Agreement, which will be 365 days after substantial completion.
b. This Agreement may be terminated by the Employee upon not less
than forty-five (45) days prior written notice.
c. The Employee and Employer agree that the Employee is not entitled to
severance following the termination of this Agreement, regardless of the reason for
termination of the Agreement.
3. DUTIES.
a. The Employee shall devote his full working time, attention and
energies to the Employer and its Business during normal working hours for purposes of
performing his obligations and duties hereunder. In this regard, the Employee shall
perform such functions as are ordinary and customary in the performance of similar
services by persons occupying a like position with other businesses of similar size and
operation. Specifically, the duties of the Employee shall include, but are not limited to, the
following: professional and engineering supervision and project management of the
Project and all subprojects; and reviewing plans proposed by developers and as part of the
Employer's capital and in-house wastewater improvement plans to identify potential
conflicts and impacts. Additional duties of the Employee are contained in the Wastewater
System Improvement Project Manager/Engineer job description, attached to this
Agreement as Exhibit A. The precise duties of the Employee may be reasonably specified
from time to time by the Employer.
b. The Employee shall comply with all requirements, directions, requests,
rules, regulations, policies, and procedures of the Employer as amended by the Employer
at its discretion, including but not limited to, those in the Employer's Employee Handbook
and any and all state, federal, or local laws or regulations. The Employee acknowledges
and agrees that a violation, or violations, of the Employer's policies and procedures,
including, but not limited to those found in The Employer's Employee Handbook, or the
terms contained in this Agreement, may constitute "cause" for termination of the
Employee's employment with the Employer and may provide the Employer grounds for
terminating this Agreement under Paragraph 6. To the extent any conflict arises between
this Agreement and the Employee Handbook with respect to Employee, the provisions of
this Agreement are controlling.
c. The Employee shall faithfully perform his employment services
hereunder in good faith to the best of his ability and for the best interests of the Employer.
d. Unless otherwise expressly authorized by the Employer in writing, the
Employee shall not take any action on behalf of the Employer which is outside the normal
scope of the Employee's employment or otherwise outside the ordinary and customary
course of the Employer's business.
e. The Employee's immediate supervisor will be the Water and
Wastewater Director or his designee.
COMPENSATION.
2
a. The Employee shall be paid by the Employer a salary amounting to
Dollars ($ ) bi-weekly during the
term hereof in exchange for the Employee's services hereunder. The Employee's
compensation shall be subject to all applicable withholding, Social Security, Medicare, and
other payroll related taxes Employee's compensation will be paid pursuant to the
Employer's bi-weekly pay periods that begin on Monday and end on Sunday.
b. The Employee's salary will be increased on an annual basis in a
percentage amount equal to the annual percentage change in the Consumer Price Index
All Urban Consumers (CPI -U), U.S. City Average, All Items Less Food and Energy, index
base period (1982-84=100), as reported on July 1 of the preceding calendar year. The
increase in the Employee's pay will be effective on the payroll that either coincides with or
is the first following January 1.
c. If the Employee fulfills his obligations under this Agreement, and if the
Employee remains employed by the Employer from the date hereof until 365 days past
"substantial completion" as that term is defined in Paragraph 2(a), then the Employee may
be entitled to receive an Economic Transition Payment (ETP). If the Employee meets
these eligibility requirements, the ETP will be paid at the end of the contract penod and will
be based on twelve (12) percent of the Employee's earnings during the contract period
For purposes of this paragraph only, the end of the construction project is defined as one
year (365 days) after the date of substantial completion, as defined in Paragraph 2(a) of
this Agreement.
5. WORKING FACILITIES. The Employer shall provide the Employee with such
commercially reasonable office space and facilities as are suitable for the Employee's
position and reasonably appropriate for the performance of the Employee's duties
hereunder.
6. VACATIONS AND HOLIDAYS. The Employee shall be entitled to fifteen
(15) days per year, in the aggregate for paid time off (PTO). PTO shall be used for
vacation, personal, or sick leave. The Employee will also receive eight (8) hours of holiday
pay for each of the Employer's eleven (11) observed holidays that occur during the
Employee's period of employment. The Employee may carry over to the following calendar
year any PTO not taken during any calendar year. Upon the termination of this Agreement,
the Employer will not pay the Employee for any unused PTO.
7. VOLUNTARY INSURANCE BENEFITS. If the Employee meets all
enrollment eligibility requirements, the Employee shall be entitled to all group insurance
plans and voluntary benefits provided by the Employer with the exception of the Employee
Retirement Savings Plan and the 457 Deferred Compensation Plan.
8. DEATH. If the Employee dies during the term of the Employee's
employment, the Employer shall pay to the estate of the Employee the compensation that
would otherwise be payable to the Employee hereunder through the end of the last day
3
worked by the Employee. Thereafter, this Agreement shall terminate and the Employer
shall have no further obligations hereunder.
9. DISABILITY. If Employee becomes disabled or incapacitated so that he is
unable to carry out or perform the duties required of him under this Agreement for a period
of greater than ninety (90) days, the Employer shall have the right to terminate Employee's
employment upon written notice to Employee. The Employer will comply with the
Americans with Disabilities Act (ADA) in providing a reasonable accommodation when
required by law.
10. TERMINATION OF EMPLOYMENT Disputes concerning the Employee's
alleged neglect of responsibilities, inappropriate behavior, unsatisfactory performance, ora
violation, or violations, of the Employer's policies and procedures, or other alleged
violations of the Agreement, should, whenever possible, be resolved and remedied by
cooperative discussion between the Employee and the Employer. If those discussions fail
to resolve the dispute(s), the Employer may terminate the Employee's employment, upon
notice, "for cause." The Employer may terminate this Agreement without liability (other
than the payment of accrued salary through the date of termination) at any time after the
occurrence of any one or more of the following events of termination:
a. The Employee engaging in any act which constitutes (i) a felony under
any state law or law of the United States, (ii) gross, willful, or wanton negligence or
misconduct against the interests of the Employer, (iii) breach of any fiduciary duty to the
Employer, (iv) embezzlement or misuse of the funds of the Employer's, (v) fraud, (vi)
falsification of records of the Employer, (vii) violation of the Employer's harassment policy,
(viii) violation of the Employer's substance abuse policy, (ix) discourteous treatment of the
public or co-workers, (x) absence without approved leave or failure to report for duty, or (xi)
a willful material breach of this Agreemerit.
b. The Employee engaging in any act which causes embarrassment to
the Employer or brings the Employee or the Employer into disrepute in the community,
including, without limitation, excessive or habitual use of drugs or alcohol, or any act of
moral turpitude.
c. The Employee's insubordination and/or failure to fulfill and perform the
Employee's duties and covenants hereunder in a faithful, diligent, and efficient manner;
provided that no termination shall occur under this subsection (c) until the Employee has
received written notice from the Employer of such failure and has failed to cure the same to
the reasonable satisfaction of the Employer within ten (10) days after receipt of such
notice.
11. GRIEVANCES. If the Employee has a grievance concerning any disciplinary
action issued him or concerning his termination, he should make the grievance in writing to
his supervisor. Acknowledgment of receipt of such grievance shall be made in writing
within one (1) week and a commitment to attempt to resolve the grievance within thirty (30)
days shall be made by the supervisor. If a solution is not achieved yet, then the matter
4
may be referred by. the supervisor to the Operations Director. After
deliberation/consultations, the Operations Director will render a final decision.
12. IMPROPER USE OF INFORMATION: The Employee shall not use any
confidential or advance information obtained by virtue of his employment for personal or
financial advantage.
13. RETURN OF EMPLOYER PROPERTY Upon termination of employment, the
Employee agrees to immediately return to the Employer all property of the Employer in the
possession or control of the Employee.
14. REMEDIES. The parties expressly acknowledge and agree that the
provisions of Sections 12 and 13 of this Agreement (along with the provisions of this
Section 14) shall survive any termination of this Agreement and any termination of
Employee's employment hereunder, and in the event of the Employee's actual or
threatened breach of any of such provisions, the Employer shall be entitled (without
requirement to post a bond) to an injunction restraining the Employee from any such
breach. Nothing contained herein shall be construed as prohibiting the Employer from
pursuing any other available remedies for such breach or threatened breach, including the
recovery of damages.
15. MISCELLANEOUS.
a. Assignment. This Agreement and the rights, obligations and duties of
the Employee hereunder shall not be assignable or otherwise transferable.
b. Modification. No term or provision contained herein may be modified,
amended or waived except by written agreement signed by the party to be bound thereby.
c. Binding Effect and Benefit. This Agreement shall inure to the benefit
of, and shall be binding upon the parties hereto, and their respective heirs, executors,
administrators, personal representatives, successors and permitted assigns.
d. Headings and Captions. Subject headings and captions are included
for convenience purposes only and shall not affect the interpretation of this Agreement.
e. Notice. All notices, requests, demands and other communications
permitted or required hereunder shall be in writing, and shall be delivered in person, or
mailed, registered or certified United States mail, postage prepaid, or otherwise sent by
generally recognized commercial overnight courier as follows:
If to the Employee, addressed or delivered in person to:
5
If to the Employer, addressed or delivered in person to:
or to such other address as either party may designate by notice. Any such
notice shall be effective upon receipt (or refusal to accept receipt) by the addressee.
f. Severability. If any portion of this Agreement is held invalid, illegal or
unenforceable, such determination shall not impair the enforceability of the remaining
terms and provisions herein which may be given effect, and to this end the terms and
provisions of this Agreement are declared to be severable.
g. Waiver. No waiver of a breach or violation of any term or provision of
this Agreement shall operate or be construed as a waiver of any subsequent breach or limit
or restrict any right or remedy otherwise available. Any waiver must be in writing.
h. Rights and Remedies Cumulative. The rights and remedies expressed
herein are cumulative and not exclusive of any rights and remedies otherwise available.
Gender and Number. Throughout this Agreement, the masculine shall
include the feminine and neuter and the singular shall include the plural and vice versa as
the context requires.
J. Entire Agreement. This document constitutes the entire agreement of
the parties and supersedes any and all other prior agreements, oral or written, with respect
to the subject matter hereof.
k. Governing Law. This Agreement shall be subject to and governed by
the laws of the State of Arkansas, without regard to conflict of law principles.
No Joint Venture or Partnership. This Agreement shall not be
considered to create any type of joint venture, partnership or any other similar legal
relationship between the parties, it being the intent of the parties to create only an
employer-employee relationship.
m. Joint Preparation. This Agreement shall be deemed to have been
prepared jointly by the parties hereto, and any uncertainty or ambiguity existing herein shall
. not be interpreted against any party by reason of its drafting of this Agreement, but shall be
interpreted according to the application of the general rules of interpretation for arm's
length agreements.
6
Grade ED 14 1-27-06
WASTEWATER SYSTEM IMPROVEMENT PROJECT MANAGER/ENGINEER
POSITION SUMMARY
This is a professional engineering and administrative position
serving as the project manager for the Wastewater System
Improvement Project (WSIP). Primary duties include: professional
engineering supervision and project management of the WSIP project
and all subprojects, including providing construction phase project
supervision for and reviewing the design and layout of sanitary
sewers, pump stations, and the west side wastewater treatment
plant; reviewing plans proposed by developers and as part of the
City's capital and in-house water and wastewater improvement plans
to identify potential conflicts and impacts. Must maintain updated
project budgets and schedules. Will coordinate multiple
interrelated subprojects and consolidate subproject information
into one master project schedule and budget. Work is performed
with considerable professional independence and is subject to
review through conferences with the Water and Wastewater Director
on technical and management issues. Significant interaction and
presentations may be required with the City Councils, Engineering
and Planning Divisions, contractors, engineers, and the public.
Prepares documents for'construction contracts.
RESPONSIBILITIES AND DUTIES
Inspects and participates in the work of technical, professional,
and operational personnel, including surveying and field work for
wastewater plants, pumping stations and lines.
Reviews plans and specifications for wastewater plants, pumping
stations and lines.
Assists the Water and Wastewater Director in evaluating
modifications, making cost estimates on projects, and in gathering
information for contract negotiations.
Assists members of the general public and City departments,
advising them on engineering problems, assists in overall office
operations, answers telephone calls and public inquiries relating
to the WSIP.
Performs overall management of the WSIP relating to record keeping
and data management.
Assists the Water and Wastewater Director in long and short range
planning for the WSIP.
WSIP Project Mgr JobDesc.doc.doc
Assists in the preparation of Contract Documents and Requests for
Proposals. Reviews requests for information. Makes decisions
relating to the technical aspects of the WSIP design and
construction.
Coordinates project management and inspections, and performs
inspections as needed.
Reviews development and other engineering plans for that may impact
or be impacted by the WSIP.
REQUIREMENTS OF POSITION
Bachelor's Degree in civil engineering or closely related field
with experience in professional civil engineering work, including
field and office experience; or any equivalent combination of
experience and training that would provide the following knowledge,
abilities, and skills:
Considerable knowledge of the principles and practices of civil
engineering, land surveying, and the investigation, design, and/or
construction phases of wastewater projects.
Ability to make complex engineering computations and to prepare
engineering plans and specifications.
Ability to plan and supervise the work of technical personnel and
to prepare concise technical reports.
Ability to establish and maintain effective working relationships
with employees, City officials, officials of state and other
government agencies, contractors, and the public.
Skill in the use and demonstration of civil engineering office and
field tools and the ability to train others in such use.
Experience with computer software including AutoCAD would be
beneficial.
Registration as a Professional Engineer in the State of Arkansas or
ability to acquire such registration within eight months of
becoming employed.
Must possess a valid Arkansas driver's license and pass a pre-
employment drug screen.
WSIP Project Mgr JobDesc.doc.doc
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (this Agreement") is executed effective as of
the day of 12006, by and between the City of Fayetteville, Arkansas
(the "Employer"), and (the "Employee").
WITNESSETH:
WHEREAS, the Employer is a city located in the State of Arkansas; and
WHEREAS, the Employer desires to retain the services of the Employee and the
Employee desires to accept such employment upon the terms and conditions contained
herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree
as follows:
1. EMPLOYMENT The Employer hereby employs the Employee as a
Secretary for the Wastewater System Improvement Project (Project), and the Employee
accepts such employment, in each case upon the terms and conditions contained herein.
2. TERM
a. Unless terminated earlier as provided herein, the term of this Agreement shall
begin as of the date hereof and shall continue until 365 days past "substantial completion"
of the construction of the Employer's West Side Wastewater Treatment Plant. When used
in this Agreement, "substantial completion" is as defined in the Contract Document for
Fayetteville Project No. 02133, which is the following: when the West Side Wastewater
Treatment Plant has progressed to the point where, in the opinion of the Engineer,
McGoodwin, Williams, and Yates or its successor, as evidenced by his definitive certificate
of Substantial Completion, it is sufficiently complete, in accordance with the Contract
Documents, so that the West Side Wastewater Treatment Plant can be used for the
purposes for which it is intended. Within ten (10) days after the Engineer has certified the
substantial completion of the West Side Wastewater Treatment Plant, the Employer will
notify the Employee in writing of the date of "substantial completion" and of the date of the
termination of this Agreement, which will be 365 days after substantial completion.
b. This Agreement may be terminated by the Employee upon not less
than fourteen (14) days prior written notice to the Employer.
1
•
c. The Employee and Employer agree that the Employee is not entitled to
severance following the termination of this Agreement, regardless of the reason for
termination of the Agreement.
3. DUTIES.
a. The Employee shall devote his full working time, attention and
energies to the Employer and its Business during normal working hours for purposes of
performing his obligations and duties hereunder. In this regard, the Employee shall
perform such functions as are ordinary and customary in the performance of similar
services byy persons occupying a like position with other businesses of similar size and
operation. Specifically, the duties of the Employee shall include, but are not limited to, the
following: performing supporting secretarial and administrative tasks assisting
management and supervisory personnel; and exercising initiative and independent
judgment in screening calls, requests for assistance, information, or service and in general
public relations activities. Additional duties of the Employee are contained in the Secretary
job description, attached to this Agreement as Exhibit A. The precise duties of the
Employee may be reasonably specified from time to time by the Employer.
b. The Employee shall comply with all requirements, directions, requests,
rules, regulations, policies, and procedures of the Employer as amended by the Employer
at its discretion, including but not limited to, those in the Employer's Employee Handbook
and any and all state, federal, or local laws or regulations. The Employee acknowledges
and agrees that a violation, or violations, of the Employer's policies and procedures,
including, but not limited to those found in The Employer's Employee Handbook, or the
terms contained in this Agreement, may constitute "cause" for termination of the
Employee's employment with the Employer and may provide the Employer grounds for
terminating this Agreement under Paragraph 6. To the extent any conflict arises between
this Agreement and the Employee Handbook with respect to Employee, the provisions of
this Agreement are controlling.
c. The Employee shall faithfully perform his employment services
hereunder in good faith to the best of his ability and for the best interests of the Employer.
d. Unless otherwise expressly authorized by the Employer in writing, the
Employee shall not take any action on behalf of the Employer which is outside the normal
scope of the Employee's employment or otherwise outside the ordinary and customary
course of the Employer's business.
e. The Employee's immediate supervisor will be the Wastewater System
Improvement Project Manager/Engineer or his designee.
4. COMPENSATION.
a. The Employee shall be paid by the Employer at a rate of
Dollars ($ ) per hour during the
2
term hereof in exchange for the Employee's services hereunder. The Employee's
compensation shall be subject to all applicable withholding, Social Security, Medicare, and
other payroll related taxes. Employee's compensation will be paid pursuant to the
Employer's bi-weekly pay periods that begin on Monday and end on Sunday.
b. The Employee's salary will be increased on an annual basis in a
percentage amount equal to the annual percentage change in the Consumer Price Index
All Urban Consumers (CPI -U), U.S. City Average, All Items Less Food and Energy, index
base period (1982-84=100), as reported on July 1 of the preceding calendar year. The
increase in the Employee's pay will be effective on the payroll that either coincides with or
is the first following January 1.
c. The Employee must accurately record on a time card all hours at work,
including morning arrival at work, departure for lunch, return from lunch, and departure at
the end of the work day. Under no circumstances should the Employee perform any work
"off the clock."
d. The Employee may be required to work overtime, and all overtime
must be approved by the Employee's supervisor prior to being worked. The Employee
must complete an "Employee Overtime/Comp Time Payroll Reporting Form" and obtain
supervisory approval in order for the time to be considered approved overtime.
e. If the Employee fulfills his obligations under this Agreement, and if the
Employee remains employed by the Employer from the.date hereof until 365 days past
"substantial completion" as that term is defined in Paragraph 2(a), then the Employee may
be entitled to receive an Economic Transition Payment (ETP). If the Employee meets
these eligibility requirements, the ETP will be paid at the end of the contract period and will
be based on twelve (12) percent of the Employee's earnings during the contract period.
For purposes of this paragraph only, the end of the construction project is defined as one
year (365 days) after the date of substantial completion, as defined in Paragraph 2(a) of
this Agreement.
5. WORKING FACILITIES. The Employer shall provide the Employee with such
commercially reasonable office space and facilities as are suitable for the Employee's
position and reasonably appropriate for the performance of the Employee's duties
hereunder.
6. VACATIONS AND HOLIDAYS. The Employee shall be entitled to fifteen
(15) days per year, in the aggregate, for paid time off (PTO). PTO shall be used for
vacation, personal, or sick leave. The Employee will also receive eight (8) hours of holiday
pay for each of the City's eleven (11) observed holidays that occur during the Employee's
period of employment. The Employee may carry over to the following calendar year any
PTO not taken during any calendar year. Upon the termination of this Agreement, the
Employer will not pay the Employee for any unused PTO.
3
7. VOLUNTARY INSURANCE BENEFITS., If the Employee meets all
enrollment eligibility requirements, the Employee shall be entitled to all group insurance
plans and voluntary benefits provided by the Employer with the exception of the Employee
Retirement Savings Plan and the 457 Deferred Compensation Plan.
8. DEATH. If the Employee dies during the term of the Employee's
employment, the Employer shall pay to the estate of the Employee the compensation that
would otherwise be payable to the Employee hereunder up to and including the end of the
last day worked by the Employee. Thereafter; this Agreement shall terminate and the
Employer shall have no further obligations hereunder.
9. DISABILITY. If Employee becomes disabled or incapacitated so that he is
unable to carry out or perform the duties required of him under this Agreement for a period
of greater than ninety (90) days, the Employer shall have the right to terminate Employee's
employment upon written notice to Employee. The Employer will comply with the
Americans with Disabilities Act (ADA) in providing a reasonable accommodation when
required by law.
10. TERMINATION OF EMPLOYMENT. Disputes concerning the Employee's
alleged neglect of responsibilities, inappropriate behavior, unsatisfactory performance, or a
violation, or violations, of the Employer's policies and procedures, or other alleged
violations of the Agreement, should, whenever possible, be resolved and remedied by
cooperative discussion between the Employee and the Employer. If those discussions fail
to resolve the dispute(s), the Employer may terminate the Employee's employment, upon
notice, "for cause." The Employer may terminate this Agreement without liability (other
than the payment of accrued salary through the date of termination) at any time after the
occurrence of any one or more of the following events of termination:
a. The Employee engaging in any act which constitutes (i) a felony under
any state law or law of the United States, (ii) gross, willful, or wanton negligence or
misconduct against the interests of the Employer, (iii) breach of any fiduciary duty to the
Employer, (iv) embezzlement or misuse of the funds of the Employer's, (v) fraud, (vi)
falsification of records of the Employer, (vii) violation of the Employer's harassment policy,
(viii) violation of the Employer's substance abuse policy, (ix) discourteous treatment of the
public or co-workers, (x) absence without approved leave or failure to report for duty, or (xi)
a willful material breach of this Agreement.
b. The Employee engaging in any act which causes embarrassment to
the Employer or brings the Employee or the Employer into disrepute in the community,
including, without limitation, excessive or habitual use of drugs or alcohol, or any act of
moral turpitude.
c. The Employee's insubordination and/or failure to fulfill and perform the
Employee's duties and covenants hereunder in a faithful, diligent, and efficient manner;
provided that no termination shall occur under this subsection (c) until the Employee has
received written notice from the Employer of such failure and has failed to cure the same to
El
the reasonable satisfaction of the Employer within ten (10) days after receipt of such
notice.
11. GRIEVANCES. If the Employee has a grievance concerning any disciplinary
action issued him or concerning his termination, he should make the grievance in writing to
his supervisor. Acknowledgment of receipt of such grievance shall be made in writing
within one (1) week and a commitment to attempt to resolve the grievance within thirty (30)
days shall be made by the supervisor. If a solution is not achieved yet, then the matter
may be referred by the supervisor to the Water and Wastewater Director. The Water and
Wastewater Director, after deliberation/consultations, may submit its recommendations to
the Operations Director for final action.
12. IMPROPER USE OF INFORMATION. The Employee shall not use any
confidential or advance information obtained by virtue of his employment for personal or
financial advantage.
13. RETURN OF EMPLOYER PROPERTY. Upon termination of employment, the
Employee agrees to immediately return to the Employer all property of the Employer in the
possession or control of the Employee.
14. REMEDIES. The parties expressly acknowledge and agree that the
provisions of Sections 12 and 13 of this Agreement (along with the provisions of this
Section 14) shall survive any termination of this Agreement and any termination of
Employee's employment hereunder, and in the event of the Employee's actual or
threatened breach of any of such provisions, the Employer shall be entitled (without
requirement to post a bond) to an injunction restraining the Employee from any such
breach. Nothing contained herein shall be construed as prohibiting the Employer from
pursuing any other available remedies for such breach or threatened breach, including the
recovery of damages.
15. MISCELLANEOUS.
a. Assignment. This Agreement and the rights, obligations and duties of
the Employee hereunder shall not be assignable or otherwise transferable.
b. Modification. No term or provision contained herein may be modified,
amended or waived except by written agreement signed by the party to be bound thereby.
c. Binding Effect and Benefit. This Agreement shall inure to the benefit
of, and shall be binding upon, the parties hereto, and their respective heirs, executors,
administrators, personal representatives, successors and permitted assigns.
d. Headings and Captions. Subject headings and captions are included
for convenience purposes only and shall not affect the interpretation of this Agreement.
5
e. Notice. All notices, requests, demands and other communications
permitted or required hereunder shall be in writing, and shall be delivered in person, or
mailed, registered or certified United States mail, postage prepaid, or otherwise sent by
generally recognized commercial overnight courier as follows:
If to the Employee, addressed or delivered in person to:
If to the Employer, addressed or delivered in person to:
or to such
other
address as either
party may
designate
by notice. Any such
notice shall be effective
upon
receipt (or refusal
to accept
receipt) by
the addressee.
f. Severability. If any portion of this Agreement is held invalid, illegal or
unenforceable, such determination shall not impair the enforceability of the remaining
terms and provisions herein which may be given effect, and to this end the terms and
provisions of this Agreement are declared to be severable.
g. Waiver. No waiver of a breach or violation of any term or provision of
this Agreement shall operate or be construed as a waiver of any subsequent breach or limit
or restrict any right or remedy otherwise available. Any waiver must be in writing.
h. Rights and Remedies Cumulative. The rights and remedies expressed
herein are cumulative and not exclusive of any rights and remedies otherwise available.
i. Gender and Number. Throughout this Agreement, the masculine shall
include the feminine and neuter and the singular shall include the plural and vice versa as
the context requires.
j. Entire Agreement. This document constitutes the entire agreement of
the parties and supersedes any and all other prior agreements, oral or written, with respect
to the subject matter hereof.
k. Governing Law. This Agreement shall be subject to and governed by
the laws of the State of Arkansas, without regard to conflict of law principles.
I. No Joint Venture or Partnership. This Agreement shall not be
considered to create any type of joint venture, partnership or any other similar legal
6
relationship between the parties, it being the intent of the parties to create only an
employer -employee relationship.
m. Joint Preparation. This Agreement shall be deemed to have been
prepared jointly by the parties hereto, and any uncertainty or ambiguity existing herein shall
not be interpreted against any party by reason of its drafting of this Agreement, but shall be
interpreted according to the application of the general rules of interpretation for arm's
length agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of
the day and year aforesaid.
EMPLOYER:
By:
Title:
EMPLOYEE:
115275
7
Grade NA 7 1-1-91
SECRETARY
POSITION SUMMARY
Performs supporting secretarial and administrative tasks assisting
management and supervisory personnel. Work requires the exercise
of initiative and independent judgment in screening calls, request
for assistance, information, or service and in general public
relations activities. Coordination of activities performed by
others may be required. Work is performed with general supervision
and advice and assistance are normally available.
MARY RESPONSIBILITIES AND DUTIES
Maintains office staff personnel files, including vacation
schedules, time records, sick leave reports.
Performs typing assignments including documents and reports that
may require transcribing materials, taking dictation - all
requiring both accuracy and speed in typing. May type confidential
information.
May attend meetings of various boards and commissions; prepares
minutes or records of proceedings; assists with scheduling of
meetings.
Assists in preparing statistical reports, billings, or routine
documents with little direct supervision.
Maintains office supply inventories, ordering and receiving
additional supplies as necessary.
Performs a variety of permanent filing functions, requiring
knowledge of filing skills with an emphasis on accuracy in
maintaining files.
Greets
public either
by phone or in person.
Provides responses to
routine
inquiries or
directs the inquiry to
an appropriate person
in the
organization.
Prepares routine correspondence pertaining to departmental
activities. Performs related work as required.
REQUIREMENTS OF POSITION
t
Graduation from high school with coursework in secretarial science
and bookkeeping and experience in secretarial and general clerical
work, or any equivalent combination of experience and training that
provides the following knowledge, abilities, and skills:
Knowledge of secretarial practices and procedures, including
familiarity with modern, complex office and information management
equipment.
Skill in typing, the use of word processing equipment, dictation,
and transcribing materials - requiring both accuracy and speed.
Ability to work under pressure and with occasional tight deadlines
to accomplish assigned responsibilities. Ability to work in an
environment with frequent interruptions.
Ability to
maintain
administrative, fiscal,
and general
records and
to prepare
reports
or respond to questions
from files
or records.
Ability to compose correspondence or agenda materials on routine
matters and to perform routine office management details with
referral to or direct supervision from a supervisor.
Ability to maintain effective public relations and to establish
good working relationships with other employees.
David Jurgens
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
7 -Mar -06
City Council Meeting Date
Water/Wastewater
Division
Water/Wastewater
ws(
Department
Action Required:
Approval of three new contract employee positions for project management of the Wastewater System Improvement
Project, and for approval of the contracts, as to form, for said employees. These employees will be funded from the
Fiscal Year 2006 WSIP project budget.
$750,000.00
Cost of this request
4480-9480-5315.00
Account Number
02133-0001
Project Number
Budgeted Item
City Attorney
Finance and Internal Service Director
$ 105,920,694.00
Category/Project Budget
$ 101,151,046.20
Funds Used to Date
$ 4,769,647.80
Remaining Balance
Budget Adjustment Attached LJ
Wastewater System Imp Project
Program category / Project Name
Water and Wastewater
Program / Project Category Name
Water/Sewer
Fund Name
Previous Ordinance or Resolution #
Date Original Contract Date:
J�I Original Contract Number:
t7
Received in City Cl rk's Office1
ENTTR
Date
Received in Mayor's Office
Date
City Council Meeting of March 7, 2006
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru: Mayor Dan Coody
Fayetteville Sewer Committee
From: David Jurgens, Water and Wastewater Director 0VIQ�
Date: February 16, 2006
Subject: Approval of three new contract employee positions for project management of the
Wastewater System Improvement Project, and approval of the contracts, as to form, for said
employees. These employees will be funded from the Fiscal Year 2006 WSIP project budget.
RECOMMENDATION
Fayetteville Sewer Committee and City Administration recommend approval of three new contract
employee positions for project management of the Wastewater System Improvement Project, and
for approval of the contracts, as to form, for said employees. These employees will be funded from
the Fiscal Year 2006 WSIP project budget.
Construction phase project management for the WSIP project was to have been executed under
contract by Bums McDonnell for an estimated cost of $1,500,000. Upon reevaluating, staff has
determined that the mission can be executed by hiring three contract employees for the term of the
project. The cost of using contract employees is less than $750,000 over the life of the project, or
half of the projected cost.
The employee contract term is defined as 365 days after the date of substantial completion of the
West Side Wastewater Treatment Plant, as defined in the construction contract documents. These
positions will be terminated at the end of the contract.
The three staff members (project manager, inspector, and secretary) and two vehicles, will be paid
for out of the WSIP project. These contract employees will receive basic City benefits excluding
retirement. Compensation is based on existing City job descriptions, with starting salaries
depending upon qualifications. The contract includes a 12% Economic Transition Payment, to be
paid in full upon completion of the contract.
The employees will work out of the Water/Sewer Operations Center.
BUDGET IMPACT
These employees will be funded from the Fiscal Year 2006 WSIP project budget.
Staffing Request CCMemoMar06.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING THREE (3) CONTRACT
EMPLOYEE POSITIONS FOR PROJECT MANAGEMENT OF THE
WASTEWATER SYSTEM IMPROVEMENT PROJECT; AND
APPROVING SAID CONTRACTS AS TO FORM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes Three (3) Contract Employee Positions for project management of the
Wastewater System Improvement Project.
Section 2: That
the
City Council of the
City of Fayetteville, Arkansas
approves said contracts
as to
form.
PASSED and APPROVED this 7`s day of March,
ATTEST:
From: Clarice Pearman
To: Jurgens, David
Subject: Res. 39-06
David,
Attached is a copy of the above resolution passed by City Council, March 7, 2006 approving three contract
employee contract as to form. If anything else is needed please let me know.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (this "Agreement") is executed effective as of the
7th day of August, 2006, by and between the City of Fayetteville, Arkansas (the "Employer"), and
Lynn Hyke (the "Employee").
W ITNESSETH:
WHEREAS, the Employer is a city located in the State of Arkansas; and
WHEREAS, the Employer desires to retain the services of the Employee and the
Employee desires to accept such employment upon the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows:
1. EMPLOYMENT. The Employer hereby employs the Employee as a Wastewater
System Improvement Project (Project) Construction Manager, and the Employee accepts such
employment, in each case upon the terms and conditions contained herein.
2. TERM.
a. Unless terminated earlier as provided herein, the term of this Agreement
shall begin as of the date hereof and shall continue until 365 days past "substantial completion"
of the construction of the Employer's West Side Wastewater Treatment Plant. When used in
this Agreement,"substantial completion" is as defined in the Contract Document for Fayetteville
Project No. 02133, which is the following: when the West Side Wastewater Treatment Plant has
progressed to the point where, in the opinion of the Engineer, McGoodwin, Williams, and Yates
or its successor, as evidenced by his definitive certificate of Substantial Completion, it is
sufficiently complete, in accordance with the Contract Documents, so that the West Side
Wastewater Treatment Plant can be used for the purposes for which it is intended. Within ten
(10) days after the Engineer has certified the substantial completion of the West Side
Wastewater Treatment Plant, the Employer will notify the Employee in writing of the date of
"substantial completion" and of the date of the termination of this Agreement, which will be 365
days after substantial completion.
b. This Agreement may be terminated by the Employee upon not less than
forty-five (45) days prior written notice.
c. The Employee and Employer agree that the Employee is not entitled to
severance following the termination of this Agreement, regardless of the reason for termination
of the Agreement.
3. DUTIES.
1
'1
• a. The Employee shall devote his full working time, attention and energies to
the Employer and its Business during normal working hours for purposes of performing his
obligations and duties hereunder. In this regard, the Employee shall perform such functions as
are ordinary and customary in the performance of similar services by persons occupying a like
position with other businesses of similar size and operation. Specifically, the duties of the
Employee shall include, but are not limited to, the following: • professional and engineering
supervision and project management of the Project and all subprojects; and reviewing plans
proposed by developers and as part of the Employer's capital and in-house wastewater
impovement plans to identify potential conflicts and impacts. Additional duties of the Employee
are contained in the Wastewater System Improvement Project Manager/Engineer job
description, attached to this Agreement as Exhibit A. The precise duties of the Employee may
be reasonably specified from time to time by the Employer.
b. The Employee shall comply with all requirements, directions, requests,
rules, regulations, policies, and procedures of the Employer as amended by the Employer at its
discretion, including but not limited to, those in the Employer's Employee Handbook and any and
all state, federal, or local laws or regulations. The Employee acknowledges and agrees that a
violation, or violations, of the Employer's policies and procedures, including, but not limited to
those found in The Employer's Employee Handbook, or the terms contained in this Agreement,
may constitute "cause" for termination of the Employee's employment with the Employer and
may provide the Employer grounds for terminating this Agreement under Paragraph 10. To the
extent any conflict arises between this Agreement and the Employee Handbook with respect to
Employee, the provisions of this Agreement are controlling.
c. The Employee shall faithfully perform his employment services hereunder
in good faith to the best of his ability and for the best interests of the Employer.
d. Unless otherwise expressly authorized by the Employer in writing, the
Employee shall not take any action on behalf of the Employer which is outside the normal scope
of the Employee's employment or otherwise outside the ordinary and customary course of the
Employer's business.
e. The Employee's immediate supervisor will be the Water and Wastewater
Director or his designee.
4. COMPENSATION.
a. The Employee shall be paid by the Employer a salary amounting to
$2,884.62 Dollars (two thousand eight hundred eightyfour dollars and sixty two cents) bi-weekly
during the term hereof in exchange for the Employee's services hereunder. The Employee's
compensation shall be subject to all applicable withholding, Social Security, Medicare, and other
payroll related taxes. Employee's compensation will be paid pursuant to the Employer's bi-
weekly pay periods that begin on Monday and end on Sunday.
b. The Employee's salary will be increased on an annual basis in a
percentage amount equal to the annual percentage change in the Consumer Price Index All
Urban Consumers (CPI -U), U.S. City Average, All Items Less Food and Energy, index base
period (1982-84=100), as reported on July 1 of the preceding calendar year. The increase in
2
the Employee's pay will be effective on the payroll that either coincides with or is the first
following January 1.
c. If the Employee fulfills his obligations under this Agreement, and if the
Employee remains employed by the Employer from the date hereof until 365 days past
"substantial completion" as that term is,defined in Paragraph 2(a), then the Employee may be
entitled to receive an Economic Transition Payment (ETP). If the Employee meets these
eligibility requirements, the ETP will be paid at the end of the contract period and will be based
on twelve (12) percent of the Employee's earnings during the contract period. For purposes of
this paragraph only, the end of the construction project is defined as one year (365 days) after
the date of substantial completion, as defined in Paragraph 2(a) of this Agreement.
5. WORKING FACILITIES. The Employer shall provide the Employee with such
commercially reasonable office space and facilities as are suitable for the Employee's position
and reasonably appropriate for the performance of the Employee's duties hereunder.
6. VACATIONS AND HOLIDAYS. The Employee shall be entitled to fifteen (15)
days per year, in the aggregate, for paid time off (PTO). PTO shall be used for vacation,
personal, or sick leave. The Employee will also receive eight (8) hours of holiday pay for each of
the Employer's eleven (11) observed holidays that occur during the Employee's period of
employment. The Employee may carry over to the following calendar year any PTO not taken
during any calendar year. Upon the termination of this Agreement, the Employer will not pay the
Employee for any unused PTO.
7. VOLUNTARY INSURANCE BENEFITS. If the Employee meets all enrollment
eligibility requirements, the Employee shall be entitled to all group insurance plans and voluntary
benefits provided by the Employer with the exception of the Employee Retirement Savings Plan
and the 457 Deferred Compensation Plan.
8. DEATH. If the Employee dies during the term of the Employee's employment, the
Employer shall pay to the estate of the Employee the compensation that would otherwise be
payable to the Employee hereunder through the end of the last day worked by the Employee.
Thereafter, this Agreement shall terminate and the Employer shall have no further obligations
hereunder.
9. DISABILITY. If Employee becomes disabled or incapacitated so that he is
unable to carry out or perform the duties required of him under this Agreement for a period of
greater than ninety (90) days, the Employer shall have the right to terminate Employee's
employment upon written notice to Employee. The Employer will comply.with the Americans
with Disabilities Act (ADA) in providing a reasonable accommodation when required by law.
10. TERMINATION OF EMPLOYMENT. Disputes concerning the Employee's alleged
neglect of responsibilities, inappropriate behavior, unsatisfactory performance, or a violation, or
violations, of the Employees policies and procedures, or other alleged violations of the
Agreement, should, whenever possible, be resolved and remedied by cooperative discussion
between the Employee and the Employer. If those discussions fail to resolve the dispute(s), the
Employer may terminate the Employee's employment, upon notice, "for cause. The Employer
may terminate this Agreement without liability (other than the payment of accrued salary through
the date of termination) at any time after the occurrence of any one or more of the following
events of termination:
a. The Employee engaging in any act which constitutes (i) a felony under any
state law or law of the United States, (ii) gross, willful, or wanton negligence or misconduct
against the interests of the Employer, (iii) breach of any fiduciary duty to the Employer,
(iv) embezzlement or misuse of the funds of the Employers, (v) fraud, (vi) falsification of records
of the Employer, (vii) violation of the Employer's harassment policy, (viii) violation of the
Employer's substance abuse policy, (ix) discourteous treatment of the public or co-workers, (x)
absence without approved leave or failure to report for duty, or (xi) a willful material breach of
this Agreement.
b. The Employee engaging in any act which causes embarrassment to the
Employer or brings the Employee or the Employer into disrepute in the community, including,
without limitation, excessive or habitual use of drugs or alcohol, or any act of moral turpitude.
c. The Employee's insubordination and/or failure to fulfill and.perform the
Employee's duties and covenants hereunder in a faithful, diligent, and efficient manner; provided
that no termination shall occur under this subsection (c) until the Employee has received written
notice from the Employer of such failure and has failed to cure the same to the reasonable
satisfaction of the Employer within, ten (10) days after receipt of such notice.
11. GRIEVANCES. If the Employee has a grievance concerning any disciplinary
action issued him or concerning his termination, he should make the grievance in writing to his
supervisor. Acknowledgment of receipt of such grievance shall be made in writing within one (1)
week and a commitment to attempt to resolve the grievance within thirty (30) days shall be made
by the supervisor. If a solution is not achieved yet, then the matter may be referred by the
supervisor to the Operations Director. After deliberation/consultations, the Operations Director
will render a final decision.
12. IMPROPER USE OF INFORMATION. The Employee shall not use any confidential
or advance information obtained by virtue of his employment for personal or financial advantage.
13. RETURN OF EMPLOYER PROPERTY. Upon termination of employment, the
Employee agrees to immediately return to the Employer all property of the Employer in the
possession or control of the Employee.
14. REMEDIES. The parties expressly acknowledge and agree that the provisions of
Sections 12 and 13 of this Agreement (along with the provisions of this Section 14) shall survive
any termination of this Agreement and any termination of Employee's employment hereunder,
and in the event of the Employee's actual or threatened breach of any of such provisions, the
Employer shall be entitled (without requirement to post a bond) to an injunction restraining the
Employee from any such breach. Nothing contained herein shall be construed as prohibiting the
Employer from pursuing any other available remedies for such breach or threatened breach,
including the recovery of damages.
15. MISCELLANEOUS.
S
a. Assignment. This Agreement and the rights, obligations and duties of the
Employee hereunder shall not be assignable or otherwise transferable.
b. Modification. No term or provision contained herein may be modified,
amended or waived except by written agreement signed by the party to be bound thereby.
c. Binding Effect and Benefit. This Agreement shall. inure to the benefit of,
and shall be binding upon, the parties hereto, and their respective heirs, executors,
administrators, personal representatives, successors and permitted assigns.
d. Headings and Captions. Subject headings and captions are included for
convenience purposes only and shall not affect the interpretation of this Agreement.
e. Notice. All notices, requests, demands and other communications
permitted or required hereunder shall be in writing, and shall be delivered in person, or mailed,
registered or certified United States mail, postage prepaid, or otherwise sent by generally
recognized commercial overnight courier as follows:
If to the Employee, addressed or delivered in person to:
Lv� nvv A /4y1&
If to the Employer, addressed or delivered in person to:
Human Resources
113W Mountain
Fayetteville, AR 72701
or to such other address as either party may designate by notice. Any such notice
shall be effective upon receipt (or refusal to accept receipt) by the addressee.
f. Severability. If any portion of this Agreement is held invalid, illegal or
unenforceable, such determination shall not impairthe enforceability of the remaining terms and
provisions herein which may be given effect, and to this end the terms and provisions of this
Agreement are declared to be severable.
g. Waiver. No waiver of a breach or violation of any term or provision of this
Agreement shall operate or be construed as a waiver of any subsequent breach or limit or
restrict any right or remedy otherwise available. Any waiver must be in writing.
h. Rights and Remedies Cumulative. The rights and remedies expressed
herein are cumulative and not exclusive of any rights and remedies otherwise available.
i. Gender and Number. Throughout this Agreement, the masculine shall
include the feminine and neuter and the singular shall include the plural and vice versa as the
context requires.
I
j. Entire Agreement. This document constitutes the entire agreement of the
parties and supersedes any and all other prior agreements, oral or written, with respect to the
subject matter hereof.
k. Governing Law. This Agreement shall be subject to and governed by the
laws of the State of Arkansas, without regard to conflict of law principles.
I. No Joint Venture or Partnership. This Agreement shall not be considered
to create any type of joint venture, partnership or any other similar legal relationship between the
parties, it being the intent of the parties to create only an employer -employee relationship.
m. Joint Preparation. This Agreement shall be deemed to have been
prepared jointly by the parties hereto, and any uncertainty or ambiguity existing herein shall not
be interpreted against any party by reason of its drafting of this Agreement, but shall be
interpreted according to the application of the general rules of interpretation for arm's length
agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and
year aforesaid.
PLOYER:
By Davi� Jurgens
Title: Water and Wastewater Director
EMPLOYEE:
L Hyke
115276
6
In
ARKANSAS.
CITY OF FAYETTEVILLE
Position Description
POSITION TITLE: Administrative Assistant
Exempt (Y/N): No DEPARTMENT: WSIP
DATE PREPARED: July, 2006 SUPERVISOR: Director Water & Wastewater
SUMMARY
The incumbent is responsible to provide administrative support and assistance to the department
director and WSIP Project Team. Extend good public relations with citizens and other
organizations. Assist with research for large projects from various sources and develop reports
and recommendations. Requires the use of tack, initiative and independent judgment in screening
calls, dealing with difficult citizen complaints, requests for assistance, information or service to
the public. Provide calendar maintenance, meeting organization, document and report
preparation and record keeping. Work requires coordination, administration and monitoring of
specialized and confidential activities, projects and tasks with minimal supervision.
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may
be assigned.
1. Handle all administrative and record keeping requirements for P -card transactions,
purchase orders and check requests for the WSIP personnel.
Manage all travel arrangements to include accounting and record keeping functions for
the department director and WSIP Team members.
3. Respond and research difficult citizen complaints and provide proper follow-up.
4. Use judgment and tact to assist in routing visitors and callers to the appropriate division
or individual.
5. Maintain a current knowledge of the entire WSIP project and subprojects, services, issues
and community events to provide information to callers and visitors.
6. Provide calendar maintenance and meeting organization for the department head and
WSIP Team members.
Administrative Assistant-WSIP
9/5/2006
7. Assist the WSIP department director with his schedule and informational needs.
8. Monitor and maintain WSIP internet website for content and current information.
9. Compose and type letters, memoranda, correspondence and other materials for
department director and WSIP Team members.
10. Sort and distribute mail.
11. Purchase or assist in the purchasing of office supplies and minor equipment for
department director and WSIP Team.
12. Assist department director in researching special projects, develop, type and distribute
reports and special presentations.
13. Assist with timekeeping for WSIP Team.
14. Maintain and perform data entry to databases for staff review and contract forms.
15. Develop and maintain files and record keeping systems for department director and WSIP
Team as it pertains to the project.
16. Monitor program budgets ensuring expenses are within budget.
17. Interact with the City Clerk's office to provide current agenda information for City
Council meetings and Council committees and commissions to department director and
WSIP Team
18. Able to work under pressure with frequent interruptions and with occasional tight
deadlines to accomplish assigned responsibilities.
19. Ability to handle difficult situations, which at times involve dissatisfied citizens, while
maintaining a calm and professional attitude and providing assistance as needed.
20. Must exercise excellent judgment in structuring and organizing work, balancing the
interest of citizens, callers and supervisors and readily adjusting work priorities to
respond to their demands.
21. Serve as WSIP Team coordinator, coordinating contractors, state agencies, engineers,
residents, and City staff as necessary.
22. Coordinate public education for WSIP, including integrating web sites, brochures,
speaking engagements, tours, television (CAT) information, etc.
23. Establish and maintain communication pertaining to the Project with state regulatory
(ADEQ, USEPA, Corps of Engineers), health (ADHHS), and funding agencies (ANRC).
Administrative Assistant-WSIP
9/5/2006
2
24. Maintain WSIP web pages for the duration of the project.
25. Assist WSIP Accounting Manager when required, perform those duties necessary in the
absence of the WSIP Accounting Manager
26. Perform other related duties as required or assigned.
Budget Responsibility:
$
N/A Annual dollars
Facilities and Equipment
Responsibility:
$
1,500 Total value
EDUCATION AND EXPERIENCE
Associate's degree (A.A.) from two year college or technical school five years of related
experience and/or training; or equivalent combination of education and experience.
LANGUAGE SKILLS
Ability to read, analyze, and interpret common technical journals. Ability to respond to common
inquiries or complaints from customers, regulatory agencies, or members of the business
community. Ability to write articles for publication that conform to prescribed style and format.
Ability to effectively present information to top management, public groups, and/or boards of
directors. Ability to respond effectively to the most sensitive inquiries or complaints.
MATHEMATICAL SKILLS
Ability to add, subtract, multiply, and divide in all units of measure, using whole numbers,
common fractions, and decimals. Ability to compute rate, ratio, and percent and to draw and
interpret bar graphs.
REASONING ABILITY
Ability to solve practical problems and deal with a variety of concrete variables in situations
where only limited standardization exists. Ability to interpret a variety of instructions furnished
in written, oral, diagram, or schedule form.
CERTIFICATES, LICENSES, REGISTRATIONS
Valid Driver's License
INTERNAL COMMUNICATIONS
Regular contacts within the department and with other City departments as needed.
EXTERNAL COMMUNICATIONS
Regular contacts with vendors, citizens, outside representatives, state and federal elected
officials, and community groups as needed.
USE OF EQUIPMENT AND/OR COMPUTERS
Must be proficient in the use of a personal computer and thorough knowledge of Microsoft
Word, Microsoft Excel and/or other related software programs. Must be able to effectively
operate standard office equipment.
Administrative Assistant-WSIP
9/5/2006
OTHER SKILLS AND ABILITIES
Ability to utilize both internal and external resources to obtain information and data necessary to
carry out routine assignments and special projects. Must have ability to establish and maintain
effective working relationships with management and staff.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions and expectations.
While performing the functions of this job, the employee is regularly required to talk or hear.
The employee frequently is required to stand, walk, and sit. The employee is regularly required
to use hands to finger, handle, or feel; reach with hands and arms; climb or balance; stoop, kneel,
crouch, or crawl. The employee must occasionally lift and/or move up to 25 pounds. Specific
vision abilities required by this job include close vision and ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The noise level in the work environment is usually moderate.
Administrative Assistant-WSIP 4
9/5/2006
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (this "Agreement") is executed effective as
of the 1st day of September, 2006, by and between the City of Fayetteville, Arkansas (the
`Employer"), and Allison Orcutt (the "Employee").
WITNESSETH:
WHEREAS, the Employer is a city located in the State of Arkansas; and
WHEREAS, the Employer desires to retain the services of the Employee and the
Employee desires to accept such employment upon the terms and conditions contained
herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree
as follows:
EMPLOYMENT. The Employer hereby employs the Employee as an
Administrative Assistant for the Wastewater System Improvement Project
(Project), and the Employee accepts such employment, in each case upon
the terms and conditions contained herein.
2. TERM.
a. Unless terminated earlier as provided herein, the term of this Agreement
shall begin as of the date hereof and shall continue until 365 days past
"substantial completion" of the construction of the Employer's West Side
Wastewater Treatment Plant. When used in this Agreement, "substantial
completion" is as defined in the Contract Document for Fayetteville Project
No. 02133, which is the following: when the West Side Wastewater
Treatment Plant has progressed to the point where, in the opinion of the
Engineer, McGoodwin, Williams, and Yates or its successor, as evidenced
by his definitive certificate of Substantial Completion, it is sufficiently
complete, in accordance with the Contract Documents, so that the West
Side Wastewater Treatment Plant can be used for the purposes for which it
is intended. Within ten (10) days after the Engineer has certified the
substantial completion of the West Side Wastewater Treatment Plant, the
Employer will notify the Employee in writing of the date of "substantial
completion" and of the date of the termination of this Agreement, which
will be 365 days after substantial completion.
-(7
b. This Agreement may be terminated by the Employee upon not less than
fourteen (14) days prior written notice to the Employer.
c. The Employee and Employer agree that the Employee is not entitled to
severance following the termination of this Agreement, regardless of the
reason for termination of the Agreement.
3. DUTIES.
a. The Employee shall devote his full working time, attention and energies to
the Employer and its Business during normal working hours for purposes of
performing his obligations and duties hereunder. In this regard, the
Employee shall perform such functions as are ordinary and customary in the
performance of similar services by persons occupying a like position with
other businesses of similar size and operation. Specifically, the duties of
the Employee shall include, but are not limited to, the following"
performing supporting secretarial and administrative tasks assisting
management and supervisory personnel; and exercising initiative and
independent judgment in screening calls, requests for assistance,
information, or service and in general public relations activities. Additional
duties of the Employee are contained in the Administrative Assistant job
description, attached to this Agreement as Exhibit A. The precise duties of
the Employee may be reasonably specified from time to time by the
Employer.
b. The Employee shall comply with all requirements, directions, requests,
rules, regulations, policies, and procedures of the Employer as amended by
the Employer at its discretion, including but not limited to, those in the
Employer's Employee Handbook and any and all state, federal, or local
laws or regulations. The Employee acknowledges and agrees that a
violation, or violations, of the Employer's policies and procedures,
including, but not limited to those found in The Employer's Employee
Handbook, or the terms contained in this Agreement, may constitute
"cause" for termination of the Employee's employment with the Employer
and may provide the Employer grounds for terminating this Agreement
under Paragraph 10. To the extent any conflict arises between this
Agreement and the Employee Handbook with respect to Employee, the
provisions of this Agreement are controlling.
c. The Employee shall faithfully perform his employment services hereunder
in good faith to the best of his ability and for the best interests of the
Employer.
d. Unless otherwise expressly authorized by the Employer in writing, the
Employee shall not take any action on behalf of the Employer which is
2
outside the normal scope of the Employee's employment or otherwise
outside the ordinary and customary course of the Employer's business.
e. The Employee's immediate supervisor will be the Water and Wastewater
Director or his designee.
4. COMPENSATION.
a. The Employee shall be paid by the Employer at a rate of $15.50 (fifteen
dollars and fifty cents) per hour during the term hereof in exchange for the
Employee's services hereunder. The Employee's compensation shall be
subject to all applicable withholding, Social Security, Medicare, and other
payroll related taxes. Employee's compensation will be paid pursuant to
the Employer's bi-weekly pay periods that begin on Monday and end on
Sunday.
b. The Employee's salary will be increased on an annual basis in a percentage
amount equal to the annual percentage change in the Consumer Price Index
All Urban consumers (DPI -U), U.S. City Average, All Items Less Food and
Energy, index base period (1982-84=100), as reported on July 1 of the
preceding calendar year. The increase in the Employee's pay will be
effective on the payroll that either coincides with or is the first following
January 1.
c. The Employee must accurately record on a time card all hours at work,
including morning arrival at work, departure for lunch, return from lunch,
and departure at the end of the work day. Under no circumstances should
the Employee perform any work "off the clock".
d. The Employee may be required to work overtime, and all overtime must be
approved by the Employee's supervisor prior to being worked. The
Employee must complete an "Employee Overtime/Comp Time Payroll
Reporting Form" and obtain supervisory approval in order for the time to be
considered approved overtime.
e. If the Employee fulfills his obligations under this Agreement, and if the
Employee remains employed by the Employer from the date hereof until
365 days past "substantial completion" as that term is defined in Paragraph
2(a), then the Employee may be entitled to receive an Economic Transition
Payment (ETP). If the Employee meets these eligibility requirements, the
ETP will be paid at the end of the contract period and will be based on
twelve (12) percent of the Employee's earnings during the contract period.
For purposes of this paragraph only, the end of the construction project is
defined as one year (365 days) after the date of substantial completion, as
defined in Paragraph 2(a) of this Agreement.
5. WORKING FACILITIES. The Employer shall provide the Employee with such
commercially reasonable office space and facilities as are suitable for the
Employee's position and reasonably appropriate for the performance of the
Employee's duties hereunder.
6. VACATIONS AND HOLIDAYS. The Employee shall be entitled to fifteen (15)
days per year, in the aggregate, for paid time off (PTO). PTO shall be used for
vacation, personal, or sick leave. The Employee will also receive eight (8) hours of
holiday pay for each of the City's eleven (11) observed holidays that occur during
the Employee's period of employment. The Employee may carry over to the
following calendar year any PTO not taken during any calendar year. Upon the
termination of this Agreement, the Employer will not pay the Employee for any
unused PTO.
7. VOLUNTARY INSURANCE BENEFITS. If the Employee meets all enrollment
eligibility requirements, the Employee shall be entitled to all group insurance plans
and voluntary benefits provided by the Employer with the exception of the
Employee Retirement Savings Plan and the 457 Deferred Compensation Plan.
8. DEATH. If the Employee dies during the term of the Employee's employment, the
Employer shall pay to the estate of the Employee the compensation that would
otherwise be payable to the Employee hereunder up to and including the end of the
last day worked by the Employee. Thereafter, this Agreement shall terminate and
the Employer shall have no further obligations hereunder.
9. DISABILITY. If the Employee becomes disabled or incapacitated so that he is
unable to carry out or perform the duties required of him under this Agreement for
a period of greater than ninety (90) days, the Employer shall have the right to
terminate Employee's employment upon written notice to Employee. The
Employer will comply with the Americans with Disabilities Act (ADA) in
providing a reasonable accommodation when required by law.
10. TERMINATION OF EMPLOYMENT. Disputes concerning the Employee's
alleged neglect of responsibilities; inappropriate behavior, unsatisfactory
performance, or a violation, or violations, of the Employer's policies and
procedures, or other alleged violations of the Agrdement, should, whenever
possible, be resolved and remedied by cooperative discussion between the
Employee and the Employer. If those discussions fail to resolve the dispute(s), the
Employer may terminate the Employee's employment, upon notice, "for cause."
The Employer may terminate this Agreement without liability (other than the
payment of accrued salary through the date of termination) at any time after the
occurrence of any one or more of the following events of termination:
a. The Employee engaging in any act which constitutes (i) a felony under
any state law or law of the United States, (ii) gross, willful, or wanton
negligence or misconduct against the interests of the Employer, (iii) breach
of any fiduciary duty to the Employer, (iv) embezzlement or misuse of the
funds of the Employer's, (v) fraud, (vi) falsification of records of the
Employer, (vii) violation of the Employer's harassment policy, (viii)
violation of the Employer's substance abuse policy, (ix) discourteous
treatment of the public or co-workers, (x) absence without approved leave
or failure to report for duty, or (xi) a willful material breach of this
Agreement.
b. The Employee engaging in any act which causes embarrassment to the
Employer or brings the Employee or the Employer into disrepute in the
Community, including, without limitation, excessive or habitual use of
drugs or alcohol, or any act of moral turpitude.
c. The Employee's insubordination and/or failure to fulfill and perform the
Employee's duties and covenants hereunder in a faithful, diligent, and
efficient manner; provided that no termination shall occur under this
subsection (c) until the Employee has received written notice from the
Employer of such failure and has failed to cure the same to the reasonable
satisfaction of the Employer within ten (10) days after receipt of such
notice.
11. GRIEVANCES. If the Employee has a grievance concerning any disciplinary
action issue3d him or concerning his termination, he should make the grievance in
writing to his supervisor. Acknowledgment of receipt of such grievance shall be
made in writing within one (1) week and a commitment to attempt to resolve the
grievance within thirty (30) days shall be made by the supervisor. If a solution is
not achieved yet, then the matter may be referred by the supervisor to the Water
and Wastewater Director. The Water and Wastewater Director, after
deliberation/consultations, may submit his recommendations to the Operations
Director for final action.
12. IMPROPER USE OF INFORMATION. The Employee shall not use any
confidential or advance information obtained by virtue of his employment for
personal or financial advantage.
13. RETURN OF EMPLOYER PROPERTY. Upon termination of employment, the
Employee agrees to immediately return to the Employer all property of the
Employer in the possession or control of the Employee.
14. REMEDIES. The parties expressly acknowledge and agree that the provisions of
Sections 12 and 13 of this Agreement (along with the provisions of this Section 14)
shall survive any termination of this Agreement and any termination of Employee's
employment hereunder, and in the event of the Employee's actual or threatened
breach of any of such provisions, the Employer shall be entitled (without
requirement to post a bond) to an injunction restraining the Employee from any
such breach. Nothing contained herein shall be construed as prohibiting the
Employer from pursuing any other available remedies for such breach or threatened
breach, including the recovery of damages.
15. MISCELLANEOUS.
A. Assignment. This Agreement and the rights, obligations and duties of the
Employee hereunder shall not be assignable or otherwise transferable.
b. Modification. No term or provision contained herein maybe modified,
amended or waived except by written agreement signed by the party to be
bound thereby.
c. Binding Effect and Benefit. This Agreement shall inure to the benefit of,
and shall be binding upon, the parties hereto, and their respective heirs,
executors, administrators, personal representatives, successors and
permitted assigns.
d. Headings and Captions. Subject headings and captions are included for
convenience purposes only and shall not effect the interpretation of this
Agreement.
e. Notice. All notices, requests, demands and other communications permitted
or required hereunder shall be in writing, and shall be delivered in person,
or mailed, registered or certified United States mail, postage prepaid, or
otherwise sent by generally recognized commercial overnight courier as
follows:
If to the Employee, addressed or delivered in person to:
If to the Employer, addressed or delivered in person to:
Human Resources
113 W. Mountain
Fayetteville, AR 72701
Or to such other address as either party may designate by notice. Any such notice
shall be effective upon receipt (or refusal to accept receipt) by the addressee.
f. Severability. If any portion of this Agreement is held invalid, illegal or
unenforceable, such determination shall not impair the enforceability of the
remaining terms and provisions herein which may be given effect, and to
this end the terms and provisions of this Agreement are declared to be
severable.
g. Waiver. No waiver of a breach or violation of any term or provision of this
Agreement shall operate or be construed as a waiver of any subsequent
breach or limit or restrict any right or remedy otherwise available. Any
waiver must be in writing.
h. Rights and Remedies Cumulative. The rights and remedies expressed
herein are cumulative and not exclusive of any rights and remedies
otherwise available.
i. Gender and Number. Throughout this Agreement, the masculine shall
include the feminine and neuter and the singular shall include the plural and
vice versa as the context requires.
Entire Agreement. This document constitutes the entire agreement of the
parties and supersedes any and all other prior agreements, oral or written,
with respect to the subject matter hereof.
k. Governing Law. This Agreement shall be subject to and governed by the
laws of the State of Arkansas, without regard to conflict of law principles.
No Joint Venture or Partnership. This Agreement shall not be considered to
create any type of joint venture, partnership or any other similar legal
relationship between the parties, it being the intent of the parties to create
only an employer -employee relationship.
m. Joint Preparation. This Agreement shall be deemed to have been prepared
jointly by the parties hereto, and any uncertainty or ambiguity existing
herein shall not be interpreted against any party by reason of its drafting of
this Agreement, but shall be interpreted according to the application of the
general rules of interpretation for arm's length agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of
the day and year aforesaid.
Grade ED 14
7-20-06
WASTEWATER SYSTEM IMPROVEMENT PROJECT CONSTRUCTION MANAGER
POSITION SUMMARY
This is a professional engineering and administrative position
serving as the construction manager for the Wastewater System
Improvement Project (WSIP). Primary duties include: engineering
and construction supervision and management of the WSIP project and
all subprojects, including providing construction phase project
supervision for and reviewing the design and layout of sanitary
sewers, pump stations, and the west side wastewater treatment
plant; reviewing plans proposed by developers and as part of the
City's capital and in-house water and wastewater improvement plans
to identify potential conflicts and impacts. Must maintain updated
project budgets and schedules. Will coordinate multiple
interrelated subprojects and provide subproject information into
the master project schedule and budget. Work is performed with
considerable independence and is subject to review through
conferences with the Water and Wastewater Director on technical and
management issues. Occasional interaction and presentations may be
required with the City Councils, Engineering and Planning
Divisions, contractors, engineers, and the public.
RESPONSIBILITIES AND DUTIES
Inspects and participates in the work of technical, professional,
and operational personnel, including surveying and field work for
wastewater plants, pumping stations and lines.
Reviews plans and specifications for wastewater plants, pumping
stations and lines.
Assists the Water and Wastewater Director in evaluating
modifications, making cost estimates on projects, and in gathering
information for contract negotiations.
Assists members of the general public and City departments,
advising them on engineering problems, assists in overall office
operations, answers telephone calls and public inquiries relating
'to the WSIP.
Performs field construction management of the WSIP relating to
record keeping conflict resolution, answering contractor and
designing engineer questions, and handling customer calls and
questions.
Assists the Water and Wastewater Director in long and short range
WSIP Const Mqr JobDesc.doc
planning for the WSIP.
Assists in the preparation of
Proposals. Reviews requests
relating to the technical
construction.
Coordinates project manageme
inspections as needed.
Reviews development and other
circumstances that may impact
REQUIREMENTS OF POSITION
Contract Documents and Requests for
for information. Makes decisions
aspects of the WSIP design and
!nt and inspections, and performs
engineering plans for conflicts and
or be impacted by the WSIP.
Bachelor's Degree in civil engineering or closely related field
with experience in professional civil engineering work, including
at least ten years field and office experience; or any equivalent
combination of experience and training that would provide the
following knowledge, abilities, and skills:
Considerable knowledge of the principles and practices of civil
engineering, wastewater treatment, and the investigation, design,
and/or construction phases of wastewater projects.
Ability to evaluate engineering computations and to prepare
engineering plans and specifications.
Ability to plan, supervise, and inspect the work of technical and
field personnel and contractors and to prepare concise technical
reports.
Ability to establish and maintain effective working relationships
with employees, City officials, officials of state and other
government agencies, engineers, inspectors, contractors, and the
public.
Skill in the use and demonstration of civil engineering office and
field tools and the ability to train others in such use.
Experience with computer software including AutoCAD would be
beneficial.
Must possess a minimum Grade III Arkansas Wastewater License.
Must possess a valid Arkansas driver's license and pass a pre-
employment drug screen.
WSIP Const Mgr JobDesc.doc