DECEMBER 20, 2005 AGENDA REPORTS

Agenda Item No. 9a

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1156

TO: Mayor and City Council Members

SUBJECT: Petition to pave 37th St. North, from Maize to 1,300' west of Maize  (District V)

INITIATED BY: Department of Public Works

AGENDA: Consent

Recommendation: Approve the new Petition.

Background:  On October 4, 2005, the City Council approved a Petition to pave 37th St. North, from Maize to 1,300 feet west of Maize. An attempt to award a contract within the budget set by the Petition was not successful.  The developer has submitted a new Petition with an increased budget. The signatures on the new Petition represent 100% of the improvement district.

Analysis: The project will serve new residential and commercial developments located along 37th St. North, west of Maize.

Financial Considerations: The existing Petition totals $81,000.  The new Petition totals $108,000. The funding source is special assessments.

Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district.

Recommendation/Action:  It is recommended that the City Council approve the new Petition, adopt the Resolution and authorize the necessary signatures.


Agenda Item #___14a_____

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report #__05-1158_____
TO:   Mayor and City Council

SUBJECT:  Agreement to Respread Assessments: Legacy Park Wilson Estates 2nd Addition (south of 21st Street North, west of Webb Road) (District II)

INITIATED BY: Department of Finance	

AGENDA:  Consent

Recommendation:  Approve the Agreement.

Background:  The landowners, Norris E-Enterprises, L.L.C. (Lot 7, Block 1, Legacy Park Wilson Estates 2nd Addition) and Retail Partners, L.L.C. (The east 212 feet of Lot 8, Block 1, Legacy Park Wilson Estates 2nd Addition) have submitted an Agreement to respread special assessments within these Parcels.

Analysis:  The land was originally included in a number of improvement districts for several public improvement projects.  The purpose of the Agreement is to respread special assessments to more fairly distribute the cost of the improvements.
 
Financial Considerations:  There is no cost to the City.

Legal Considerations:  The Agreement has been approved as to form by the Law Department.

Recommendations/Actions:  It is recommended that the City Council approve the Agreement and authorize the necessary signatures.

						
Agenda Item No. 14b
					
City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1159			

TO:  Mayor and City Council

SUBJECT:  Collateral Agreement with Legacy Bank 

INITIATED BY:  Department of Finance 

AGENDA:		Consent Agenda
__________________________________________________________________________

Recommendation:  Approve the collateral agreement. 

Background:  State statutes require financial institutions that receive City deposits in excess of the Federal Deposit Insurance Corporation (FDIC) insurance limit to collateralize the deposit.  Sound management practice dictates the collateral be placed in a third party financial institution where the depository cannot gain control of the securities.  The City's investment policy requires a collateral agreement to be put in place to govern the handling of the securities and define the terms and conditions for replacing and changing title to the securities.

Analysis:  Legacy Bank currently holds City of Wichita pooled funds in the form of certificate of deposits.  The City investment policy requires a three party collateral agreement for collateral held in any institution other than the Federal Reserve Bank.    Legacy Bank is using Bankers Bank of Kansas as a Depository.  This agreement defines the terms between the City of Wichita, Legacy Bank and Bankers Bank of Kansas.

Financial Considerations: Time and demand deposits with local financial institutions are a viable investment for City idle funds.  All financial institutions are required to offer rates of return competitive with other investments of similar maturities.

Legal Considerations:  The Law Department has reviewed the collateral agreement and approved as to form.

Recommendations/Actions: It is recommended that the City Council approve the collateral agreement and authorize the Mayor to sign.

						
Agenda Item No._14c________

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No.__05-1160____

TO:  Mayor and City Council

SUBJECT: Contract with the Greteman Group for Services in Creating the 21st Street International Marketplace District. (District VI)

INITIATED BY:  Metropolitan Area Planning Department
	
AGENDA:  City Council Consent

Recommendation:  Approve the contract and authorize the appropriate signatures. 

Background:  On November 1, 2005, the City Council approved the selection of the Greteman Group to provide historic inventory, community outreach, marketing and architectural 'place-making' services necessary to create the International Marketplace District centered at 21st Street North and Market Street, and authorized staff to negotiate a not-to-exceed contract of $300,000 to perform the work.  The consultant will be using an extensive and creative community outreach process including bilingual translation services, to build consensus and stakeholder buy-in. 

Analysis:  A contract for professional services has been negotiated with the Greteman Group in the amount of $295,000 to perform all historic inventory, marketing, architectural design and community outreach services required to successfully create the International Marketplace District.

Financial Considerations: Funding for this project has been identified in the recently approved 2005-2014 Capital Improvement Program. Council has already approved a home rule bonding ordinance for this project.

Legal Considerations:  The contract has been reviewed and approved as to form by the Law Department.

Recommendations/Action:  It is recommended that the City Council approve the contract with the Greteman Group and authorize the appropriate signatures.

						
Agenda Item No. 14d

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1161

TO:  Mayor and City Council Members

SUBJECT: Supplemental Agreement for Construction Engineering and Staking in The Fairmount 3rd Addition (west of 127th Street East, north of 21st) (District II)

INITIATED BY: Department of Public Works

AGENDA: Consent

Recommendation:  Approve the Supplemental Agreement.

Background:  The City Council approved the paving improvements in The Fairmont 3rd Addition on December 7, 2004.  On February 15, 2005 the City approved an Agreement with Baughman Company, P.A. to design the improvements.  The Design Agreement with Baughman requires Baughman to provide construction engineering and staking services if requested by the City.  

Analysis:  The proposed Supplemental Agreement between the City and Baughman provides for construction engineering and staking the improvements.  Due to the current workload created by previous projects, City crews are not available to perform the staking for this project.

Financial Considerations:  Payment to Baughman will be on a lump sum basis of $8,694 and will be paid by special assessments. 

Legal Considerations:  The Supplemental Agreement has been approved as to form by the Law Department.

Recommendation/Action:  It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures.
 
SUPPLEMENTAL AGREEMENT

TO THE

AGREEMENT FOR PROFESSIONAL SERVICES DATED FEBRUARY 15, 2005

BETWEEN

THE CITY OF WICHITA, KANSAS

PARTY OF THE FIRST PART, HEREINAFTER CALLED THE

"CITY"

AND

BAUGHMAN COMPANY, P.A.

PARTY OF THE SECOND PART, HEREINAFTER CALLED THE

"ENGINEER"

WITNESSETH:
	WHEREAS, there now exists a Contract (dated February 15, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in THE FAIRMONT 3RD ADDITION (west of 127th Street East, north of 21st). 

WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and

WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein):

	NOW THEREFORE, the parties hereto mutually agree as follows:

A.	PROJECT DESCRIPTION
The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following:
STAKING AND CONSTRUCTION ENGINEERING
(as per the City of Wichita Standard Construction Engineering Practices)

NORTH 127TH COURT EAST from the east line of The Fairmont 3rd Addition west to and including cul-de-sac (west of 127th Street East, north of 21st) (Project No. 472 84136).

B.  	PAYMENT PROVISIONS
The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows:
	

Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below:

472 84136             $8,694.00

C.	PROVISIONS OF THE ORIGINAL CONTRACT
The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect.

IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005.


		BY ACTION OF THE CITY COUNCIL
		______________________________
Carlos Mayans, Mayor

ATTEST:

_________________________________
Karen Sublett, City Clerk

APPROVED AS TO FORM:
_________________________________
Gary Rebenstorf, Director of Law

BAUGHMAN COMPANY, P.A.
______________________________
N. Brent Wooten, President

ATTEST:
_________________________________

                                                                       

Agenda Item No. 14e

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1162

TO:  Mayor and City Council Members

SUBJECT:	Supplemental Agreement for Sanitary Sewer and Water Improvements to serve an area generally East of Rock Road and South of 53rd Street North (District II)

INITIATED BY:  Department of Public Works

AGENDA:  Consent

Recommendation:  Approve the Supplemental Agreement.

Background: The 2002 Capital Improvement Program includes funding for extending water and sewer mains in response to growth and development.   On September 5, 2002, the Staff Screening & Selection Committee selected MKEC Engineering Consultants, Inc. (MKEC) for designing sanitary sewer and water improvements to serve an area generally east of Rock Road and south of 53rd Street North.  On November 5, 2002, the City entered into an Agreement with MKEC for designing the improvements for a fee of $32,500.  

Analysis:   The design of the water line project along 53rd and Rock Road, was intended to start as per the original contract, however issues developed between the City of Wichita and the City of Bel Aire, which delayed the start of the project design.  Several requests were made to the consultant to start the project, only to have to put the design on hold until issues could be resolved between the two Cities.  Issues included annexation of lands, easements, alignments, and other items that added to delays and design costs.  Redesign was made necessary due to Bel Aire's decision to construct underground facilities in the same area as the City of Wichita water line.  For these reasons, the original design budget was not adequate to cover costs to move to final plans.  The supplemental agreement is necessary to cover costs associated with the design of the water project.

Financial Considerations:  Payment to MKEC will be on a lump sum basis of $8,000, and will be paid by Revenue Bonds and Operating Revenues. 

Legal Considerations:  The Supplemental Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures.


SUPPLEMENTAL AGREEMENT NO. 1

TO THE

AGREEMENT FOR PROFESSIONAL SERVICES DATED NOVEMBER 5, 2002

BETWEEN

THE CITY OF WICHITA, KANSAS

PARTY OF THE FIRST PART, HEREINAFTER CALLED THE

"CITY"

AND

MKEC ENGINEERING CONSULTANTS, INC.

PARTY OF THE SECOND PART, HEREINAFTER CALLED THE

"ENGINEER"

WITNESSETH:

WHEREAS, there now exists a Contract  (dated November 5, 2002) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to the SANITARY SEWER & WATER IMPROVEMENTS TO SERVE AN AREA GENERALLY EAST OF ROCK ROAD AND SOUTH OF 53RD STREET NORTH (Project No. 448 89720).

WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and

WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein):

	NOW THEREFORE, the parties hereto mutually agree as follows:

A.	PROJECT DESCRIPTION
The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following:
WATER DISTRIBUTION SYSTEM NO. 448 89720
(Additional design services because of annexation by the City of Bel Aire)
 
B.  	PAYMENT PROVISIONS
	The fee in Section IV.  A. shall be amended to include the following:
Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement will increase the total contract by  $8,000.00.


C.	COMPLETION
The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY by _____________________;
EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions of inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER.

D.	PROVISIONS OF THE ORIGINAL CONTRACT
The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect.

	IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005.


		BY ACTION OF THE CITY COUNCIL


		__________________________________
		Carlos Mayans, City Mayor

ATTEST:

_________________________________
Karen Sublett, City Clerk

APPROVED AS TO FORM:
_________________________________
Gary Rebenstorf, Director of Law

MKEC ENGINEERING CONSULTANTS, INC.
__________________________________
		(Name and Title)
ATTEST:
_________________________________

Agenda Item # 14f

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1163

TO:   Mayor and City Council

SUBJECT:  Intrust Bank's Electronic Wire Services Agreement

INITIATED BY:  Finance Department

AGENDA:   Consent

Recommendations: Approve the agreement. 

Background: On January 21, 2003, the City Council appointed Intrust Bank as its designated depository bank   

Analysis: Intrust Bank has recently expanded its Commercial Electronic Banking Services to include a wire service module.  The electronic wire services module will allow staff to initiate and verify wire transfers through the internet replacing the current telephone and fax initiated process.  
 
Financial Considerations:  There are no additional costs for this service. 

Legal Considerations: The Department of Law has approved the agreement as to form.

Recommendation/Actions: It is recommended that the City Council approve the Electronic Wire Services Addendum to Intrust Bank's Commercial eBanking Agreement and authorize the Mayor to sign.                                           

Agenda Item No. 15a

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1164

TO:  Mayor and City Council Members

SUBJECT:  Agreement for Design Services for Evergreen 5th Addition (south of 29th Street North, west of Maize) (District V)

INITIATED BY:  Department of Public Works

AGENDA:  Consent

Recommendation:  Approve the Agreement.

Background:  The City Council approved the paving improvements in Evergreen 5th Addition on September 21, 2004.

Analysis:  The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of bond financed improvements consisting of paving in Evergreen 5th Addition.  Per Administrative Regulation 7a, staff recommends that PEC be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation.

Financial Considerations:  Payment to PEC will be on a lump sum basis of $29,300 and will be paid by special assessments. 

Legal Considerations:  The Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Agreement and authorize the necessary signatures.
 
AGREEMENT

for

PROFESSIONAL SERVICES

between

THE CITY OF WICHITA, KANSAS

and

PROFESSIONAL ENGINEERING CONSULTANTS, P.A.

for

EVERGREEN 5TH ADDITION

THIS AGREEMENT, made this________________day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and PROFESSIONAL ENGINEERING CONSULTANTS, P.A., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;

PARKDALE from the south line of Lot 20, Block 1, to the south right-of-way line of 29th Street North and on the Parkdale Courts (4) to and including the cul-de-sacs.  Sidewalk to be constructed on the east side of Parkdale (south of 29th Street North, west of Maize) (Project No. 472 84103).

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I.	SCOPE OF SERVICES
The ENGINEER shall furnish professional services as required for designing improvements in Evergreen 5th Addition and to perform the PROJECT tasks outlined in Exhibit A.

II.	IN ADDITION, THE ENGINEER AGREES
A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A).

B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES.

C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement.

D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract.

E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY.

F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein.

G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work.

H.	To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER.

I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement.  ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions.

J.	ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00.  In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained.  This policy shall include an "all state" endorsement.   Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law.  The liability limit shall be not less than:

Workman's Compensation - Statutory
Employer's Liability - $500,000 each occurrence.

Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement.  The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage.  Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement.  In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled.

K.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement.  The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager.  Written notification shall be provided to the CITY for any changes exceeding one week in length of time.

II. THE CITY AGREES:

A.	To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER.  Confidential materials so furnished will be kept confidential by the ENGINEER.

B.	To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A.

C. To pay the ENGINEER for his services in accordance with the requirements of this agreement.

D.	To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections.

E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement.  The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager.  Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time.

F.	To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion.

III. PAYMENT PROVISIONS 

A.	Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below:

Project No. 472 84103                  $29,300.00

B.	When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to:

1.	Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT.
2.	Additional design services not covered by the scope of this agreement.
3.	Construction staking, material testing, inspection and administration related to the PROJECT.
4.	A major change in the scope of services for the PROJECT.
If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions.  No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties.

IV. THE PARTIES HERETO MUTUALLY AGREE:

A.	That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work.

B. 	That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY.  Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT.
C.	That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY.

D.	In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore.

E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns.

F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. 

G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law.

H.	It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract.

     IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above.

BY ACTION OF THE CITY COUNCIL
						        ___________________________________________
		Carlos Mayans, City Mayor

SEAL:

ATTEST:
____________________________________________
Karen Sublett, City Clerk

APPROVED AS TO FORM:

____________________________________________
Gary Rebenstorf, Director of Law

PROFESSIONAL ENGINEERING CONSULTANT, P.A.
  					                   __________________________________________
(Name & Title)

ATTEST:
 
EXHIBIT "A"

SCOPE OF SERVICES

The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita.  Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets.

In connection with the services to be provided, the ENGINEER shall:

A.	PHASE I  - PLAN DEVELOPMENT
When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY.

1. Field Surveys.  Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design.  Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior
to the ENGINEER conducting the field survey for the PROJECT.  Utility information shall be clearly noted and identified on the plans.

2. Soils and Foundation Investigations.  The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT.  However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita.  The Testing Laboratory shall be responsible for the accuracy and competence of their work.  The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work.  The cost of soils and boring investigations shall be passed directly to the City of Wichita.

3. Review Preliminary Design Concepts.  Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer.

4.  Prepare engineering plans, plan quantities and supplemental specifications as required.  Engineering plans will include incidental drainage where required and permanent traffic signing.  The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction."  Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer.  The files are to be AutoCAD drawing files or DXF/DXB files.  Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work.  Text fonts other than standard AutoCAD files are to be included with drawing files.  In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format.

5.  Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions.  ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements.  This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations.

6.  Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility.  ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction.  Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company.  ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design.
7.	Deliver the original tracings of the Final approved plans to the CITY for their use in   printing plans for prospective bidders.

8.	All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY.  When applicable, this coordinate information will be used by the CITY for construction staking purposes.

9.	Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below.
a.	Plan Development for the paving improvements by November 11, 2005.
(Project No. 472 84103).                  


Agenda Item No. 15b

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1165

TO:  Mayor and City Council Members

SUBJECT: Agreement for Design Services for Falcon Falls 2nd Addition (north of 45th Street North, west of Hillside) (District I)

INITIATED BY: Department of Public Works

AGENDA:  Consent

Recommendation:  Approve the Agreement.

Background:  The City Council approved the water distribution system improvements in Falcon Falls 2nd Addition on August 16, 2005.
Analysis:  The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water distribution system in Falcon Falls 2nd Addition.  Per Administrative Regulation 7a, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation.

Financial Considerations:  Payment to Baughman will be on a lump sum basis of $10,500 and will be paid by special assessments. 

Legal Considerations:  The Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Agreement and authorize the necessary signatures.
 
AGREEMENT 

for

PROFESSIONAL SERVICES

between

THE CITY OF WICHITA, KANSAS 

and

BAUGHMAN COMPANY, P.A.

for

FALCON FALLS 2ND ADDITION

THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and BAUGHMAN COMPANY, P.A., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;

WATER DISTRIBUTION SYSTEM NO. 448 90106 serving Lots 30 through 55, Block A; Lots 38 through 43, Block C; Lots 1 through 23, Block D, Falcon Falls 2nd Addition (north of 45th Street North, west of Hillside) (Project No. 448 90106). 

NOW, THEREFORE, the parties hereto do mutually agree as follows:
I.	SCOPE OF SERVICES
The ENGINEER shall furnish professional services as required for designing improvements in Falcon Falls 2nd Addition and to perform the PROJECT tasks outlined in Exhibit A.

II.	IN ADDITION, THE ENGINEER AGREES
A.	To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A).
B.	To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES.
C.	To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement.
D.	To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract.
E.	To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY.
F.	To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein.
G.	To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work.
H.	To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER.
I.	Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement.  ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions.
J.	ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00.  In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained.  This policy shall include an "all state" endorsement.   Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law.  The liability limit shall be not less than:

Workman's Compensation - Statutory
Employer's Liability - $500,000 each occurrence.

Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement.  The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage.  Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement.  In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled.
K.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement.  The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager.  Written notification shall be provided to the CITY for any changes exceeding one week in length of time.

III.	THE CITY AGREES:
A.	To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER.  Confidential materials so furnished will be kept confidential by the ENGINEER.
B.	To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A.
C.	To pay the ENGINEER for his services in accordance with the requirements of this agreement.
D.	To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections.
E.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement.  The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager.  Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time.
F.	To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion.

IV.	PAYMENT PROVISIONS 
A.	Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below:

Project No. 448 90106                $10,500.00
B.	When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to:
1.	Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT.
2.	Additional design services not covered by the scope of this agreement.
3.	Construction staking, material testing, inspection and administration related to the PROJECT.
4.	A major change in the scope of services for the PROJECT.

If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions.  No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties.

V.	THE PARTIES HERETO MUTUALLY AGREE:
A.	That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work.
B.	That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY.  Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT.
C.	That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY.
D.	In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore.
E.	It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns.
F.	Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. 
G.	The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law.
H.	It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract.

	IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above.

						       BY ACTION OF THE CITY COUNCIL
						       __________________________________
					       		Carlos Mayans, Mayor
SEAL:

ATTEST:

_________________________________________
Karen Sublett, City Clerk

APPROVED AS TO FORM:

_________________________________________
Gary Rebenstorf, Director of Law

BAUGHMAN COMPANY, P.A.
					                     _________________________________________
(Name & Title)
ATTEST:
_________________________________________
 
"EXHIBT "A

SCOPE OF SERVICES

The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita.  Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets.

In connection with the services to be provided, the ENGINEER shall:

A.	PHASE I  - PLAN DEVELOPMENT
When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY.
1.	Field Surveys.  Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design.  Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT.  Utility information shall be clearly noted and identified on the plans.
2.	Soils and Foundation Investigations.  The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT.  However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita.  The Testing Laboratory shall be responsible for the accuracy and competence of their work.  The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work.  The cost of soils and boring investigations shall be passed directly to the City of Wichita.
3.	Review Preliminary Design Concepts.  Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer.
4.	Prepare engineering plans, plan quantities and supplemental specifications as required.  Engineering plans will include incidental drainage where required and permanent traffic signing.  The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction."  Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer.  The files are to be AutoCAD drawing files or DXF/DXB files.  Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work.  Text fonts other than standard AutoCAD files are to be included with drawing files.  In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format.
5.	Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions.  ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements.  This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations.
6.	Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility.  ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction.  Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company.  ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design.
7.	Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders.
8.	All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY.  When applicable, this coordinate information will be used by the CITY for construction staking purposes.
9.	Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below.
a.	Plan Development for the water improvements by December 19, 2005.  (Project No. 448 90106).

Agenda Item No. 15c

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1166

TO:  Mayor and City Council Members

SUBJECT:  Agreement for Design Services for Krug North 2nd Addition (north of 21st, west of 143rd Street East) (District II)

INITIATED BY:  Department of Public Works

AGENDA:  Consent
Recommendation:  Approve the Agreement.

Background:  The City Council approved the water distribution system, sanitary sewer and paving improvements in Krug North 2nd Addition on August 2, 2005.

Analysis:  The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer and paving in Krug North 2nd Addition.  Per Administrative Regulation 7a, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation.

Financial Considerations:  Payment to Baughman will be on a lump sum basis of $52,600 and will be paid by special assessments. 

Legal Considerations:  The Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Agreement and authorize the necessary signatures.
 
AGREEMENT

for

PROFESSIONAL SERVICES

between

THE CITY OF WICHITA, KANSAS 

and

BAUGHMAN COMPANY, P.A.

for

KRUG NORTH 2ND ADDITION
THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and BAUGHMAN COMPANY, P.A., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;

WATER DISTRIBUTION SYSTEM NO. 448 90095 serving Lots 26 through 29, Block A; Lots 14 through 42, Block C; Lots 1 through 18, Block D, Krug North 2nd Addition (north of 21st, west of 143rd Street East) (Project No. 448 90095). 

LATERAL 378, FOUR MILE CREEK SEWER serving Lots 18 through 29, Block A; Lots 28 through 48, Block C; Lots 1 through 18, Block D, Krug North 2nd Addition (north of 21st, west of 143rd Street East) (Project No. 468 84054).

CASTLE ROCK and 24TH STREET NORTH from the north line of Lot 30, Block A, to the east line of Mainsgate; on SPRING HOLLOW STREET from the west line of Castle Rock, north to the south line of Mainsgate; on MAINSGATE and MAINSGATE CIRCLE from 24th Street North to and including the cul-de-sac and that sidewalk be constructed along one side of Castle Rock, Mainsgate, 24th Street North, and Spring Hollow Street (north of 21st, west of 143rd Street East) (Project No. 472 84249).

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I.	SCOPE OF SERVICES
The ENGINEER shall furnish professional services as required for designing improvements in Krug North 2nd Addition and to perform the PROJECT tasks outlined in Exhibit A.

II.	IN ADDITION, THE ENGINEER AGREES
A.	To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A).
B.	To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES.
C.	To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement.
D.	To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract.
E.	To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY.
F.	To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein.
G.To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work.
H.	To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER.
I.	Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement.  ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions.
J.	ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00.  In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained.  This policy shall include an "all state" endorsement.   Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law.  The liability limit shall be not less than:

Workman's Compensation - Statutory
Employer's Liability - $500,000 each occurrence.

Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement.  The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage.  Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement.  In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled.
K.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement.  The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager.  Written notification shall be provided to the CITY for any changes exceeding one week in length of time.

III.	THE CITY AGREES:
A.	To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER.  Confidential materials so furnished will be kept confidential by the ENGINEER.
B.	To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A.
C.	To pay the ENGINEER for his services in accordance with the requirements of this agreement.
D.	To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections.
E.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement.  The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager.  Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time.
F.	To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion.

IV.	PAYMENT PROVISIONS 
A.	Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below:

Project No. 448 90095                $  9,900.00
Project No. 468 84054                $15,800.00
Project No. 472 84249                $26,900.00
TOTAL                                       $52,600.00

B.	When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to:
1.	Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT.
2.	Additional design services not covered by the scope of this agreement.
3.	Construction staking, material testing, inspection and administration related to the PROJECT.
4.	A major change in the scope of services for the PROJECT.
If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions.  No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties.

V.	THE PARTIES HERETO MUTUALLY AGREE:
A.	That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work.
B.	That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY.  Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT.
C.	That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY.
D.	In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore.
E.	It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns.
F.	Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. 
G.	The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law.
H.	It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract.

	IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above.

						       BY ACTION OF THE CITY COUNCIL

						       ______________________________________
					       		Carlos Mayans, Mayor
SEAL:

ATTEST:

____________________________________________
Karen Sublett, City Clerk

APPROVED AS TO FORM:

___________________________________________
Gary Rebenstorf, Director of Law

BAUGHMAN COMPANY, P.A
 ___________________________________________
			(Name & Title)

ATTEST:
____________________________________________
 
"EXHIBT "A

SCOPE OF SERVICES

The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita.  Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets.

In connection with the services to be provided, the ENGINEER shall:

A.	PHASE I  - PLAN DEVELOPMENT
When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY.
1.	Field Surveys.  Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design.  Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT.  Utility information shall be clearly noted and identified on the plans.
2.	Soils and Foundation Investigations.  The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT.  However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita.  The Testing Laboratory shall be responsible for the accuracy and competence of their work.  The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work.  The cost of soils and boring investigations shall be passed directly to the City of Wichita.
3.	Review Preliminary Design Concepts.  Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer.
4.	Prepare engineering plans, plan quantities and supplemental specifications as required.  Engineering plans will include incidental drainage where required and permanent traffic signing.  The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction."  Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer.  The files are to be AutoCAD drawing files or DXF/DXB files.  Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work.  Text fonts other than standard AutoCAD files are to be included with drawing files.  In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format.
5.	Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions.  ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements.  This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations.
6.	Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility.  ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction.  Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company.  ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design.
7.	Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders.
8.	All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY.  When applicable, this coordinate information will be used by the CITY for construction staking purposes.
9.	Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below.
a.	Plan Development for the water improvements by January 23, 2006.
(Project No. 448 90095).
b.	Plan Development for the sewer improvements by January 23, 2006.
(Project No. 468 84054).
c.	Plan Development for the paving improvements by February 27, 2006.
(Project No. 472 84249).


Agenda Item No. 15d

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1167

TO:  Mayor and City Council Members

SUBJECT:	Agreement for Design Services for Rivendale Addition (north of 55th Street South, west of Hydraulic) (District II)

INITIATED BY:  Department of Public Works

AGENDA:  Consent

Recommendation:  Approve the Agreement.

Background:  The City Council approved the water distribution system, storm water drainage and paving improvements in Rivendale Addition on October 21, 2003.

Analysis:  The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water distribution system, storm water drainage and paving in Rivendale Addition.  Per Administrative Regulation 7a, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation.

Financial Considerations:  Payment to Baughman will be on a lump sum basis of $44,800 and will be paid by special assessments. 

Legal Considerations:  The Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Agreement and authorize the necessary signatures.
 
AGREEMENT
 
for

PROFESSIONAL SERVICES

between

THE CITY OF WICHITA, KANSAS 

and

BAUGHMAN COMPANY, P.A.

for
RIVENDALE ADDITION

THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and BAUGHMAN COMPANY, P.A., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;

WATER DISTRIBUTION SYSTEM NO. 448 89888 serving Lots 19 through 24, Block A; Lots 26 through 48, Block B; Lots 20 through 25, Block C; Lots 7 through 10, Block E; Lots 20 through 23, Block E; Lots 6 through 9, Block F, Rivendale Addition (north of 55th Street South, west of Hydraulic) (Project No. 448 89888). 

STORM WATER DRAIN NO. 268 serving Lots 1 through 25, Block B; Lots 26 through 49, Block C; Lots 1 through 20, Block D; Lots 11 through 19, Block E, Rivendale Addition (north of 55th Street South, west of Hydraulic) (Project No. 468 84015). 

MONA CIRCLE from Pattie west to and including the cul-de-sac, on PATTIE COURT from Pattie west to and including the cul-de-sac, on VICTORIA COURT from Victoria east to and including the cul-de-sac, to serve Lots 20 through 25, Block C.  MONA from the north line of Mona Circle, east to the west line of Lot 18, Block A, on PATTIE from the south line of Lot 26, Block B, north to the north line of Mona Circle, on VICTORIA from the south line of Lot 10, Block E, south to Lot 6, Block E.  Sidewalk constructed along one side of Mona, Pattie, and Victoria (north of 55th Street South, east of Hydraulic) (Project No. 472 83867).

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I.	SCOPE OF SERVICES
The ENGINEER shall furnish professional services as required for designing improvements in Rivendale Addition and to perform the PROJECT tasks outlined in Exhibit A.

II.	IN ADDITION, THE ENGINEER AGREES
A.	To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A).
B.	To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES.
C.	To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement.
D.	To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract.
E.	To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY.
F.	To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein.
G.	To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work.
H.	To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER.
I.	Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement.  ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions.
J.	ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00.  In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained.  This policy shall include an "all state" endorsement.   Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law.  The liability limit shall be not less than:

Workman's Compensation - Statutory
Employer's Liability - $500,000 each occurrence.

Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement.  The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage.  Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement.  In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled.
K.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement.  The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager.  Written notification shall be provided to the CITY for any changes exceeding one week in length of time.

III.	THE CITY AGREES:
A.	To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER.  Confidential materials so furnished will be kept confidential by the ENGINEER.
B.	To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A.
C.	To pay the ENGINEER for his services in accordance with the requirements of this agreement.
D.	To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections.
E.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement.  The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager.  Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time.
F.	To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion.

IV.	PAYMENT PROVISIONS 
A.	Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below:

Project No. 448 89888                $  8,000.00
Project No. 468 84015                $13,200.00
Project No. 472 83867                $23,600.00
TOTAL                                      $44,800.00

B.	When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to:
1.	Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT.
2.	Additional design services not covered by the scope of this agreement.
3.	Construction staking, material testing, inspection and administration related to the PROJECT.
4.	A major change in the scope of services for the PROJECT.
If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions.  No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties.

V.	THE PARTIES HERETO MUTUALLY AGREE:
A.	That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work.
B.	That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY.  Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT.
C.	That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY.
D.	In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore.
E.	It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns.
F.	Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. 
G.	The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law.
H.	It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract.

	IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above.

						       BY ACTION OF THE CITY COUNCIL
						       ________________________________
					       		Carlos Mayans, Mayor

SEAL:

ATTEST:_______________________
Karen Sublett, City Clerk


APPROVED AS TO FORM:

_______________________________
Gary Rebenstorf, Director of Law
BAUGHMAN COMPANY, P.A.					                     ___________________________________________
(Name & Title)

ATTEST:

____________________________________________
 
"EXHIBT "A

SCOPE OF SERVICES

The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita.  Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets.

In connection with the services to be provided, the ENGINEER shall:

A.	PHASE I  - PLAN DEVELOPMENT
When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY.
1.	Field Surveys.  Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design.  Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT.  Utility information shall be clearly noted and identified on the plans.
2.	Soils and Foundation Investigations.  The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT.  However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita.  The Testing Laboratory shall be responsible for the accuracy and competence of their work.  The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work.  The cost of soils and boring investigations shall be passed directly to the City of Wichita.
3.	Review Preliminary Design Concepts.  Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer.
4.	Prepare engineering plans, plan quantities and supplemental specifications as required.  Engineering plans will include incidental drainage where required and permanent traffic signing.  The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction."  Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer.  The files are to be AutoCAD drawing files or DXF/DXB files.  Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work.  Text fonts other than standard AutoCAD files are to be included with drawing files.  In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format.
5.	Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions.  ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements.  This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations.
6.	Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility.  ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction.  Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company.  ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design.
7.	Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders.
8.	All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY.  When applicable, this coordinate information will be used by the CITY for construction staking purposes.
9.	Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below.
a.	Plan Development for the water improvements by December 19, 2005
(Project No. 448 89888).
b.	Plan Development for the sewer improvements by December 19, 2005
(Project No. 468 84015).
c.	Plan Development for the paving improvements by January 30, 2006
(Project No. 472 83867).


Agenda Item No. 15e

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1168

TO: Mayor and City Council Members

SUBJECT:  Agreement for Design Services for the Rehabilitation of Storm Water Pump Stations No. 2 & No. 4. (Districts 5 & 6)

INITIATED BY:  Department of Public Works

AGENDA:  Consent

Recommendation:  Approve the Agreement.

Background:  Pump Station No. 2 was constructed in 1977 and includes 4 storm water pumps and 1 sump pump. The drainage area for this station includes retail and commercial areas along West Street, including Towne West Mall. The pumps have been rehabilitated, but the pump station itself must be evaluated to ensure a future 20-year life expectancy of this Station.  Many of the mechanical and electrical systems are outdated and must be replaced to be fully compatible with new pumps and new data systems as they are added.

 Pump Station No. 4 was constructed in 1984 and includes 2 storm water pumps and 1 sump pump.  The drainage area for this station includes development along Zoo Boulevard east of Interstate 235. These pumps have also been rehabilitated and the same considerations will be made for existing equipment as for Pump Station No. 2.  Pump Station No. 4 is also in need of a SCADA  (Supervisory Control And Data Acquisition) system that can report to our ALERT system and be incorporated into the City's current monitoring system. Both Stations require generators and added security measures against theft and vandals. The proposed Pre-Design phase will be to evaluate needed improvements at each station, estimate costs for each needed improvement and assist City staff in prioritizing and selecting improvements for inclusion in design.  

The proposed Design phase will include the development of final plans and specifications.  The proposed construction phase will include engineering services for the bidding and construction of this project.  Funding was approved by the City Council for this project on November 2, 2004. 
 
Analysis:  The proposed Agreement between the City and Professional Engineering Consultants, P.A. provides for Pre-Design Services, Design Services and Construction Phase Services.  The Staff Screening and Selection Committee selected Professional Engineering Consultants for the design on September 23, 2005.
 
Financial Considerations:  Payment to Professional Engineering Consultants will be on a lump sum basis of $56,000, and will be paid for by the Storm Water Utility operating budget. 

Legal Considerations:  The Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Agreement and authorize the necessary signatures.

AGREEMENT

for

PROFESSIONAL SERVICES
between

THE CITY OF WICHITA, KANSAS

and

PROFESSIONAL ENGINEERING CONSULTANTS, P.A.

for

STORM WATER PUMP STATIONS No. 2 & No. 4

THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and PROFESSIONAL ENGINEERING CONSULTANTS, P.A., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to rehabilitate;

PUMP STATION NO. 2 located at 5305 W Maple (northwest of the intersection of Kellogg and I-235).

PUMP STATION NO. 4 located at 1461 N Smith Ct. (south of I-235 and Zoo Boulevard).
 
NOW, THEREFORE, the parties hereto do mutually agree as follows:

I.	SCOPE OF SERVICES
The ENGINEER shall furnish professional services as required for designing improvements to Pump Stations No. 2 & No. 4 and to perform the PROJECT tasks outlined in Exhibit A.

II.	IN ADDITION, THE ENGINEER AGREES
A.	To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A).
B.	To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES.
C.	To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement.
D.	To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract.
E.	To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY.
F.	To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein.
G.	To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work.
H.	To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER.
I.	Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement.  ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions.
J.	ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00.  In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained.  This policy shall include an "all state" endorsement.   Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law.  The liability limit shall be not less than:

Workman's Compensation - Statutory
Employer's Liability - $500,000 each occurrence.

Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement.  The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage.  Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement.  In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled.
K.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement.  The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager.  Written notification shall be provided to the CITY for any changes exceeding one week in length of time.

III.	THE CITY AGREES:
A.	To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER.  Confidential materials so furnished will be kept confidential by the ENGINEER.
B.	To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A.
C.	To pay the ENGINEER for his services in accordance with the requirements of this agreement.
D.	To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections.
E.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement.  The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager.  Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time.
F.	To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion.

IV.	PAYMENT PROVISIONS 
A.	Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below:

 	  	     	Pre-Design Services            		$12,000
		     	Design Services 			$35,000
		     	Construction Phase Services		$9,000
TOTAL                     			$56,000

B.	When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to:
1.	Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT.
2.	Additional design services not covered by the scope of this agreement.
3.	Construction staking, material testing, and inspection related to the PROJECT.
4.	A major change in the scope of services for the PROJECT.
If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions.  No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties.

V.	THE PARTIES HERETO MUTUALLY AGREE:
A.	That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work.
B.	That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY.  Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT.
C.	That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY.
D.	In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor.
E.	It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns.
F.	Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. 
G.	The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law.
H.	It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract.

     IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above.

BY ACTION OF THE CITY COUNCIL			     
_______________________________
Carlos Mayans, City Mayor

SEAL:

ATTEST:
____________________________________________
Karen Sublett, City Clerk

APPROVED AS TO FORM:
_________________________________________
Gary Rebenstorf, Director of Law

PROFESSIONAL ENGINEERING CONSULTANT, P.A.
					                _________________________________________
(Name & Title)

ATTEST:
_________________________________________			
 
EXHIBIT "A"
SCOPE OF SERVICES

STORM WATER PUMP STATIONS NO. 2 AND NO. 4
DESIGN AND CONSTRUCTION ENGINEERING SCOPE OF SERVICES

The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita.  Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets.
In connection with the services to be provided, the ENGINEER shall:

A.	PHASE I - DOCUMENTATION OF NEEDED IMPROVEMENTS, REPAIRS, AND MODIFICATIONS - PRE DESIGN SERVICES


The ENGINEER will address the following aspects of Pump Stations No. 2 and No. 4 in this phase of the PROJECT:

1.	Pump Station Investigation and Documentation of Needed Improvements: The ENGINEER will investigate Pump Stations No. 2 and No. 4 to determine needed improvements, repairs and modification such that the stations can be expected to provide normal service for the next 20 years.  Specific tasks that will be performed for each station are as follows:
a.	Perform hydraulic calculation for the pumping equipment if necessary; the pumps will be constant speed.
b.	Evaluate the condition of existing electrical and mechanical equipment and lighting at each pump station with respect to suitability for continued, long term service, and for the motor sizes determined from item above.
c.	Determine provisions that will be necessary to facilitate installation of a standby generator and related equipment for each station.
d.	Provide findings and opinions of probable construction costs for items to be included in the improvements to the pump stations.  The documentation will include data collected, data analyses and modifications needed to existing facilities for incorporation of the improvement items.  The items that will be considered will include, but not be limited to, the following:
1)	The items identified from the above activities
2)	Replacement of the Motor Control Center at Station No. 2.
3)	A Motor Control Center at Station No. 4.
4)	An electric hoist for the sump pump at Station No. 4
5)	Installation of a rain gauge and ALERT system for Station No. 4
6)	Repair of the valve enclosure for Pump Station No. 4, if necessary.
7)	Installation of a SCADA system for Pump Station No. 4.
8)	Replacement of the door for Pump Station No. 4.
9)	Replacement of the inlet grate for the pipe from the retention pond at Pump Station No. 4.
10)	Intrusion alarm at Pump Station No.4.
11)	Replace the air operated pipe vents in Station #2 with static pipe vents in the air release vault such that the compressed air equipment is no longer needed.
12)	Replace the existing exhaust fan in Station #2.
13)	Repaint the floor of Station #2.
14)	Seal the walls of Station #2 to curtail the leaching lime.
15)	Add a HVAC system to both stations.
16)	Demolish the monorail over the Wetwell of Station #4.
17)	Repair the enclosure of the discharge valves and replace the related door at Station #4.
18)  Inspect the gate valves at Station #4 and repair or replace as   needed.

The information will be reviewed and discussed with the CITY and will be revised if necessary to obtain approval of the CITY before proceeding to design.

2.	Project Milestones: The ENGINEER agrees to complete and deliver information to the CITY within the time allotted for the PROJECT as stipulated below.  EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions by the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER:
a.	Within 60 days after Notice to Proceed by the CITY.


B.	PHASE II - PLAN & SPECIFICATION DEVELOPMENT - DESIGN SERVICES

The ENGINEER will prepare Final Plans and Specifications for the PROJECT as follows:

1.Purpose: The Final Plans and Specifications for the PROJECT will be prepared for the purpose of bidding and construction of the improvements, repairs and modifications documented in Phase 1. Priority items will be included in the base bid with the remainder of the items shown as add alternates.

2. Prepare engineering plans, plan quantities and supplemental specifications as required: The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction."  Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via CD-ROM or other media acceptable to the City Engineer.  The files are to be AutoCAD drawing files or DXF/DXB files.  Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work.  Text fonts other than standard AutoCAD files are to be included with drawing files.  In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. Original tracings of the Final approved plans must be delivered to the CITY for their use in printing plans for prospective bidders.

3. Format: The Final Plans and Specifications will be prepared in the format stipulated by the CITY and will be based on use of City of Wichita Standard Specifications where applicable.

4. Project Milestones: The ENGINEER agrees to complete and deliver the Final Plans and Specifications to the CITY within the time allotted for the PROJECT as stipulated below, EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER:
a.	Field Check Plans within 45 days after Notice to Proceed with design by CITY.
b.	Final Plans and all related documents within 30 days after CITY approval of Field Check Plans.

C.	PHASE III - BIDDING, CONSTRUCTION ADMINISTRATION  - CONSTRUCTION PHASE SERVICES

The ENGINEER will provide engineering services for bidding and construction of the PROJECT as follows:

1.	Bidding: Provide originals of the Final approved plans and specifications to the CITY for their use in printing plans for prospective bidders.  Conduct a pre-bid conference, answer bidder questions and prepare addenda as necessary.

2.	Construction Administration: Assist CITY in preparation of construction contract with successful bidder, conduct pre-construction conference, review compliance submittals, review contractor pay estimates, prepare final drawings that reflect construction records and assist CITY in closeout of construction contract.

3.	Project Milestones.  The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. Completion of all work required by this agreement (including submittal of final approved plan tracings, field notes, and related PROJECT documents within 60 days after Notice to Proceed by the CITY.


Agenda Item No. 16a

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1169

TO:	Mayor and City Council Members

SUBJECT:	Change Order:  Storm Water Drain in Avalon Park Addition (north of 37th St. North, east of Maize) (District V) 

INITIATED BY:	Department of Public Works
AGENDA:	Consent

Recommendation: Approve the Change Order.

Background:  On July 26, 2005, the City Council approved a contract with Pearson Excavation, Inc. for drainage improvements in Avalon Park Addition.  A part of the work is the construction of sealed detention ponds. Conditions encountered at the site prove more favorable to the construction of ponds filled by groundwater.  Additional excavation is needed to increase the pond depth to prevent algae bloom and maintain a healthy, sustainable pond. In addition, a concrete headwall needs to be constructed to control the pool level of an adjacent, existing pond.  

Analysis: A Change Order has been prepared for the cost of the additional work. Funding is available within the project budget.

Financial Considerations: The cost of the additional work is $16,657, with the total paid by special assessments.  The original contract amount is $276,321. This Change Order represents 6.03% of the original contract amount. 

Legal Considerations: The Law Department has approved the Change Order as to legal form.  The Change Order amount is within the 25% of construction contract cost limit set by City Council policy.

Recommendation/Action:  It is recommended that the City Council approve the Change Order and authorize the necessary signatures.
 
 	November 24, 2004
PUBLIC WORKS-ENGINEERING	CHANGE ORDER

To:  Nowak Construction Co., Inc.	Project:  Lateral 91, Main 1, Southwest Interceptor Sewer to serve Hidden Glen Addition
Change Order No.:  1	Project No.:  468-83484
Purchase Order No.:  401004	OCA No.:  744064
CHARGE TO OCA No.:  744064 - $16,500.00	PPN:  480752
                                            620421 - $10,000.00
                                            706877 - $8,500.00	

Please perform the following extra work at a cost not to exceed    $35,000.00

ADD:
Replace defective stub	1 LS	@	35,000.00	=                  35,000.00					TOTAL     $35,000.00

Recommended By:	Approved:
______________________	______	________________________
Lawrence Schaller, P.E.	Date	James Armour, P.E.	Date
Construction Engineer	City Engineer

Approved:
______________________	
Contractor	Date	
Chris Carrier, P.E.	
Director of Public Works

Approved as to Form:	By Order of the City Council:

_____________________			_______________________
Gary Rebenstorf	Date			Carlos Mayans	Date
Director of Law				Mayor
	
Attest:  _______________
City Clerk


Agenda Item No. 17a

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1170

TO: Mayor and City Council Members

SUBJECT: Acquisition of Easement for Water Distribution System for new Goddard school located north of Kellogg, east of 167th Street East (District V)

INITIATED BY:  Department of Public Works

AGENDA:  Consent

Recommendation: Approve the Acquisition.

Background:  The City Council adopted a Resolution on March 22, 2004 declaring it necessary to provide water service to a new Goddard school building located north of Kellogg, east of 167th Street East.  The pipeline has been designed to additionally serve future development outside the improvement district.  Fulfillment of this Resolution requires an easement over two tracts located on the north side of Maple Street, east of 162nd Street.     

Analysis:  A negotiated settlement of $10,000 has been accepted by the property owners in exchange for a 46,652 sq. ft. water line easement over the two tracts.  

Financial Considerations:  A budget of $10,000 is requested.  The funding source will be by special assessments and by Water Utility funds.

Legal Considerations: The Law Department has approved the Water Line Easement as to form.

Recommendation/Action:  It is recommended that the City Council approve the budget and the easement; authorize all necessary signatures.

Agenda Item 18


City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1171

TO:  Mayor and Members of the City Council

SUBJECT:  Wichita Biz Loan Program Section 108 Note Payment
				
INITIATED BY:  Housing & Community Services

AGENDA:  Consent

Recommendation:  Authorize the prepayment of the U.S. Housing and Urban Development (HUD) Section 108 Note.

Background:  The Wichita Biz Loan was established to create a $3 million loan pool funded by the Section 108 Loan Guarantee Program.  This program was initiated with HUD's award of $1 million in Economic Development Initiative (EDI) funds in November 1998.  This award was subject to the City's submission of a $3 million Section 108 Loan Guarantee application, which was submitted and approved in1999.  The EDI grant provided funds for a loan loss reserve, 3 years of interest payments for each loan and technical assistance.  The HUD Section 108 Guarantee Loan Program provided funding for low-interest loans to businesses locating in the Neighborhood Revitalization Area.     

The HUD Section 108 Loan Guarantee Loan Program enabled the City to borrow $3 million, guaranteed by the City's future CDBG allocations, for the Wichita Biz Loan program.  The Wichita Biz Loan program was the first of its kind, using an established HUD program.  After several delays caused by regulatory complications, the City executed a contract with HUD in 2003.  By that time, the Wichita economy collapsed and interest rates fell to record low levels.  Commercial bank loans became more attractive and easier to obtain, than the regulation-laden Section 108 loan.  However, the first loan was closed in 2004; a total of four loans have been made.  The Wichita Biz Loan has provided $633,156 in loans, leveraging $1,352,884 in private investment.
 
Company			Bank Participation			Section 108 Funds	
Newmark Communications	INTRUST $580,000			$280,000	Funded
Transtecs Corporation		INTRUST $435,500			$214,500	Funded
Preferred Personnel		INTRUST   $60,000			  $30,000	Funded
Power CDC Grocery Store	Commercial Federal $217,344	$108,656	Funded 

Analysis:  The term of the $3 million HUD note began in February 2003 and ends in January 2022.  The HUD contract requires the City to disburse all of the Section 108 Loan funds prior to September 30, 2006.  The Wichita Biz Loan program is structured to provide a one-year moratorium on principal and a three-year moratorium on interest to borrowers.  As a result of this element of the structure of the Biz Loan program, any substantial loan made between now and the deadline of September 30, 2006, will not provide enough revenue to meet the City's financial obligations to the HUD note.  

Authorizing the full payment of the $ 3 million HUD note, the City will be relieved from all Section 108 obligations and the City's CDBG program will be not be subject to any future liability.  This action will end the Wichita Biz Loan program; no new loans would be possible.
 
Financial Considerations:  Currently, the HUD Section 108 Guarantee Loan program has a balance of $2,366,844.  The remaining balance from the $1 million EDI grant is $882,427.  All Federal funds have been drawn and are currently held in City accounts.  The amount of funds collected from outstanding loan payments is approximately $127,500. 

Pre-payment of the HUD Section 108 Note would be made using the balance of the HUD Section 108 Guarantee Loan funds, monies collected from loan payments to date and funds from the EDI grant.

Upon prepayment of the HUD Section 108 Note, any remaining balance of the EDI grant and all future funds collected from loan payments will become program income under the City's CDBG program, and available for programming in CDBG-eligible activities.   

Legal Considerations:  The City's Section 108 Note is currently in the interim stage at a variable rate.  The City has the option to prepay the $3 million note.  

Recommendation/Action: It is recommended that the City Council approve the prepayment of the HUD Section 108 Note.  

Agenda Item No.19
					 

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1172

TO:  Mayor and City Council

SUBJECT:  Abatement of Dangerous & Unsafe Structures (Districts I, II, III, IV & VI)

INITIATED BY:  Office of Central Inspection 

AGENDA:  Consent

Recommendation: Approve the assessments and ordinance.

Background:    The Office of Central Inspection (OCI) supports neighborhood maintenance and improvement through abatement of public nuisances under Titles 18 and 20 of the City Code.  State law and local ordinances allow the City to demolish or secure private property that is in violation of Housing and Building Code standards, after proper notification of the responsible party/parties.  A private contractor performs the work, and the Office of Central Inspection bills the cost to the property owner.

Analysis:   State law and City ordinance allow placement of the demolition and board-up costs as a special property tax assessment if the property owner does not pay.  Payment has not been received for the nuisance abatements in question, and OCI is requesting permission for the Department of Finance to process the necessary special assessments.

Financial Considerations:  Statements of Charges will be mailed to the property owners on January 13, 2006.  The property owners have 30 days from date of statement to pay their assessment and avoid paying interest.  The interest added to the principal amount will be determined by the rate at which the February 2006 bonds sale.  The principal and interest will then be spread for 1-year and placed on the 2006 tax roll.

Legal Considerations:  The assessments are in accordance with City Code 18.16.070, 18.16.080 and 18.16.090.

Recommendations/Actions:  It is recommended that the City Council approve the proposed assessments and place the ordinance on first reading.
 
Property List - Special Assessments	Office of Central Inspection	District #
215 North Millwood #10	demolition (condemnation)	$1,576.40 IV
1452 North Estelle		demolition (condemnation)	$5,654.63 I
1438 North Estelle		demolition (condemnation) $4,959.04 I
422 West Skinner		demolition (condemnation) $9,745.04 III
219 N. Elizabeth 		(garage) demolition (condemnation) $1,402.00 IV
1511 N. Hydraulic 		(garage) demolition (condemnation) $1,556.00 I
2361 North Poplar		demolition (condemnation) $5,643.00 I
1815 South Exchange		demolition (condemnation) $4,321.73 III
536 South All Hallows	demolition (condemnation) $4,562.84 IV
2215 North Minneapolis	emergency board-up	$75.65	I
2316 North Green		emergency board-up	$101.72 I
2843 East Stadium		emergency board-up	$99.69	I
1612 North Kansas		emergency board-up	$98.87	 I
3147 & 3151 North Market	emergency board-up	$102.07 VI
2232 N. Woodland		emergency board-up	$213.15 VI
1802 S. Broadway		emergency board-up	$1,175.30 III
3242 N. Brookfield		emergency board-up	$168.15 I
640 N. Old Manor		demolition (condemnation)$9,355.11 I
1423 West Burton		demolition (condemnation)$3,599.58 IV
640 N. Old Manor		(demolition) additional cost for utility disconnect $305.23 I
3100 North Park Place 	(rear) demolition (condemnation)$7,619.80 VI
621 South Bleckley		emergency board-up	$98.92	III
1451 North Broadview 	emergency board-up	$25.00	I
1725 North Glendale		emergency board-up	$97.05	I
1450 North Green		emergency board-up	$132.15 I
1718 North Green		emergency board-up	$99.64	I
2316 North Green		emergency board-up	$61.62	I
1612 North Kansas		emergency board-up	$70.15	I
1716-20 North Minnesota	emergency board-up	$246.74 I
2444 North Minnesota	emergency board-up	$153.26 I
2446 North Minnesota	emergency board-up	$96.51	I
427 North Oliver		emergency board-up	$58.62	II
1456 North Piatt		emergency board-up	$224.25 I
2843 East Stadium		emergency board-up	$58.26	I
406 North Terrace		emergency board-up	$41.65	II
1707 North Spruce		demolition (condemnation)	$6,485.75 I
1416 North Lorraine		demolition (condemnation)	$9,799.55 I

TOTAL						   	$80,084.12


S-76440				6 Affidavits

         Published in the Wichita Eagle on  January 13, 2006

ORDINANCE NO.________

AN ORDINANCE MAKING A SPECIAL ASSESSMENT TO PAY FOR
THE REMOVAL OF CERTAIN STRUCTURES, BEING DANGEROUS AND UNSAFE BUILDINGS WHICH HAVE BEEN DECLARED A NUISANCE (BUILDING CONDEMNATION) UNDER THE PROVISION OF SECTIONS 18.16.010 TO 18.16.090 OF THE CODE OF THE CITY OF WICHITA, KANSAS 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
WICHITA, KANSAS:

	SECTION 1.  That the sum set opposite the following lots, herein specified, be and the same is hereby levied to pay the cost of removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provisions of Sections 18.16.010 to 18.16.090 of the Code of the City of Wichita, Kansas, located and situated upon the following described property:

	SECTION 2.  The sum so assessed and apportioned against the lots herein before set out and not paid within 30 days from date of notice sent out by the Debt Management Office of the Department of Finance as provided by law, shall be collected by special assessment upon the property liable therefore in one installment and placed upon the tax roll for the year 2006 and shall be certified to the County Clerk and shall be levied and collected in the same manner as other taxes, and the Debt Management Office of the Department of Finance is hereby directed to give written notice to property owner(s) owning property assessed herein, as required by law.

	SECTION 3.  This ordinance shall take effect and be in force from and after its publication once in the official City paper.

ADOPTED at Wichita, Kansas, this 10th day of January 2006.
________________________________
Carlos Mayans, Mayor

ATTEST:
_______________________________
Karen Sublett, City Clerk

(SEAL)

Approved as to form
_______________________________
Gary E. Rebenstorf, Director of Law


Agenda Item No. 20

City of Wichita
City Council Meeting
 December 20, 2005

Agenda Report No. 05-1173

TO:  Mayor and City Council Members

SUBJECT:  Contract Services for TriState/Harcros Soils Excavation of Soils (Districts 3)

INITIATED BY:  Department of Environmental Services 
			
AGENDA:  Consent 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
Recommendation:  Approve the Contract.

Background: Excavation of impacted soils is required as part of a limited remediation project for certain areas near 724 East Osie and 1647 South Mead.  The listed properties are two identified source areas within the Gilbert and Mosley remediation project area.  Through source investigation (sampling and analysis) by the City and the Kansas Department of Health and Environment (KDHE), it was determined that elevated levels of solvents were present in the soils in close proximity to these two sites.  Areas of excavation will include limited areas of some residential yards.  Contract services will be needed to prepare a site work plan, remove contaminated soils, fully restore the areas with appropriate fill material, topsoil, and like plant cover, as well as prepare closure reports for approval by the City of Wichita and the Kansas Department of Health and Environment.  

Analysis:  In accordance with Administrative Regulation 1.2, Contracting for Professional Services, request for proposals were mailed to qualified firms on November 21, 2005.  Three firms responded as follows: Camp, Dresser, & McKee (CDM); Burns and McDonnell, and Integrated Solutions (ISI), Inc.  On December 5, 2005, the Staff Screening and Selection Committee, which was comprised of City representatives, convened to review the proposals and to listen to telephone presentations of the three firms that responded.  The committee selected the firm of Burns and McDonnell.  

Financial Considerations:  The cost of the project is to be funded through the Gilbert and Mosley TIF (Tax Increment Finance District) fund and is not expected to exceed $250,000 including contingencies.  ES staff is expecting the overall cost to be much less.  

Legal Considerations:  The Law Department has approved the Contract as to form.

Recommendations/Actions:  It is recommended that the City Council approve the Contract and authorize the necessary signatures.
	

Agenda Item No. 21
City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1174

TO:  Mayor and Members of the City Council

SUBJECT:  General Obligation Temporary Notes

INITIATED BY:  Finance Department

AGENDA: Consent

Recommendation:  Adopt the Note Resolution and Ordinance.

Background:  The City will offer for sale one series of general obligation temporary notes totaling $56,370,000 (Series 215) on January 10, 2006. The City also needs to issue a note for Series 216 in the amount of $5,928,000. 

Analysis:  The proceeds of the Series 216 Temporary Notes will be used to provide interim financing for a City-at-large project.  

Financial Considerations:  The City will purchase the investment at a rate of 3.75%.  The Series 216 Temporary Notes will be dated February 9, 2006 and will mature March 9, 2006.  The Note will be retired using cash from the Debt Service Fund.

Legal Considerations: The Law Department has approved the authorizing resolution and Ordinance which have been prepared by Bond Counsel.

Recommendation/Action: It is recommended that the City Council adopt the Note Resolution and Ordinance, and authorize the publication thereof.


Agenda Item No. 22

City of Wichita
City Council Meeting
December 20, 2005

Agenda Report No. 05-1175

TO:  Mayor and City Council 

SUBJECT:  North Area Sanitary Sewer (District V)
INITIATED BY: Water & Sewer Department

AGENDA:  Consent

Recommendation:  Approve the project expenditures for the North Area Sanitary Sewer and modify the Sewer Capital Improvement Program.

Background:  On September 14, 2004, the City Council approved a petition in the amount of $2,750,000 to provide main sanitary sewer service to three properties being developed in an area along North Meridian, roughly between 51st Street North and 61st Street North.  The project was to provide sewer service to the plats being developed and would also provide access to main sewer for a portion of the basin that utilizes septic systems.  

The Department of Environmental Health identified several properties where the septic systems were failing, and anticipated that lateral service could be extended into parts of the area from the proposed main sewer. The petition, however, only included a portion of the already developed area that could be served.  

Analysis:  Development of the area west of Meridian, from 53rd Street North to 61st Street North, is anticipated to continue, and septic systems in the developed portions of the basin will continue to fail.  Based on this reality, the Water & Sewer Department, including the design consultant, determined that a regional approach would be required to efficiently provide service to the drainage basin.  The regional approach will result in reduced long-term costs for providing sewer service to the area citizens, and reduced operating costs for the Sewer Utility.  

The regional project to serve the drainage basin will include the construction of a regional pump station and the extension of approximately 9,000 feet of main sewers.  By compar