January 25, 2005 Agenda Reports


Agenda Item No. 5.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report No. 05-0065


TO:	Mayor and City Council Members

SUBJECT:	Petition to construct a sidewalk in Reserve A, Reed's Cove Addition (South of 21st, East of 127th St. East) (District II)

INITIATED BY:	Department of Public Works

AGENDA:	Consent


Recommendation: Approve the new Petition.

Background:  On October 12, 2004, the City Council approved a Petition to construct a sidewalk in Reserve A, Reed's Cove Addition.  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 a new residential development located south of 21st, east of 127th St. East.

Financial Considerations: The existing Petition totals $58,000.  The new Petition totals $96,500.  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 and adopt the Resolution.



Agenda Item No. 6.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report No. 05-0066


TO:	Mayor and City Council Members

SUBJECT:	Street Closure:  MacArthur Road, 1/2 mile east of Hydraulic (District III)

INITIATED BY:	Department of Public Works

AGENDA:	Consent


Recommendation: 	Approve the partial street closure.

Background:  	On October 19, 2004 the City Council approved a contract with Utility Contractors Inc.(UCI) to accomplish modifications to Sewage Treatment Plants 1 and 2.  Included in the scope of work are structural modifications to two existing sewage junction boxes at the location of the Emery Park entrance on MacArthur Road.  The reconstruction of these junction boxes will require an excavation approximately 20 feet deep just behind the curb line.  To improve the safety of passing motorists and construction workers UCI is requesting the approval of a partial street closure at this location.  It is estimated to take approximately 4 weeks to complete each junction box reconstruction.  The requested partial street closure is tentatively scheduled to begin approximately 9:00 am Wednesday, January 26, 2005 and be completed on or before Friday, March 25, 2005.  

Analysis:  Utilility Contractors Inc. is responsible for the placement of the required construction signs and barricades and the notification of area businesses and residents.  MacArthur Road traffic will be carried in one lane each direction through the work area.

Financial Considerations:  None									

Legal Considerations:  None

Recommendation/Action:  It is recommended that the City Council approve the partial street closure.



Agenda Item 7a.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report 05-0067

TO:   		Mayor and City Council

SUBJECT: 		Cargill Inc. - City of Wichita Access Agreement

INITIATED BY: 	Department of Environmental Health		

AGENDA: 		Consent


Recommendations: Approve the agreement and authorize its signing.

Background: The City of Wichita, Department of Environmental Health (EH) is continuing environmental investigation work in the North Industrial Corridor (NIC) Site.  There are occasions when the City must access private property in order to obtain groundwater samples.  EH and its consultant have requested access to a parcel of land owned by Cargill Inc. This activity is needed to complete source identification and plume migration of the immediate area.  Cargill Inc., the owner, requires an access agreement between the City and Cargill Inc. that specifies the activities that are conducted on site and the liabilities should personal injury or accident occur on their property during the period when the City and its agents are on site.  To that end, the City of Wichita and Cargill Inc. have drafted an access agreement that outlines the limits and specifics of the liabilities to both parties and specifies the work the be done.  Generally, formal access agreements with property owners are routinely entered as an administrative matter. Council approval is necessary for this agreement, however, because of the additional terms liability and indemnification Cargill Inc. is requiring.  

Analysis:  The access agreement grants the City and its consultant the right of entry onto the property for environmental investigation and sets the conditions applicable during the fieldwork performed on the Cargill Inc. property.  The City agrees to indemnify the owner for any damages to the owner caused by the City's activities.  Insurance requirements of the agreement are assumed by the City's consultant and are not the responsibility of the City.   The City agrees to protect the confidentially of Cargill-provided information to the extent allowed by law.
      
Financial Considerations: The action does not increase the amount of expenditure to the City, instead, it re-enforces current liability limits that are set by the City's self insurance practice and uses the insurance limits established by the City's consultant, Camp Dresser & McKee (CDM).  CDM will add  Cargill Inc. to the umbrella coverage of their liability insurance policy.

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

Recommendation/Actions: It is recommended that the City Council approve the agreement and authorize the appropriate signatures.



Agenda Item 7b.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report 05-0068

TO:   		Mayor and City Council

SUBJECT: 		El Paso Merchant Energy - City of Wichita Access Agreement

INITIATED BY: 	Department of Environmental Health		

AGENDA: 		Consent


Recommendations: Approve the agreement and authorize its signing.

Background: The City of Wichita, Department of Environmental Health (EH) is continuing environmental (groundwater) investigation work in the North Industrial Corridor (NIC) Site.  There are occasions when the City must access private property in order to obtain groundwater samples.  complete the fieldwork.  EH The City of Wichita and its consultant and subcontractors have requested access to a parcel of land owned by El Paso Merchant Energy, (previously owned by Coastal/Derby) on 29th Street North at St. Francis Street.  This activity is needed to complete source identification and plume migration of the immediate area.  In addition, KDHE, has required the sampling of this site.  El Paso, the owner, requires an access agreement between the City and El Paso that limits El Paso's liability should personal injury or accident occur on their property during the period when the City and its agents are on site.  To that end, the City of Wichita and El Paso have drafted an access agreement that outlines the limits and specifics of the liabilities to both parties.  Generally, Fformal access agreements with property owners are routinely entered as an administrative matter.; Council approval is necessary for this agreement, however, because of the additional liability and indemnification requirements of El Paso.

Analysis:  The Access Agreement grants the City and its consultant the right of entry onto the property for environmental investigation and sets the conditions applicable during the fieldwork performed on the El Paso property.  The City agrees to indemnify the owner for any damages to the owner caused by the City's activities.  Insurance requirements of the Agreement are assumed by the City's consultant and are not the responsibility of the City.  
      
Financial Considerations: The action does not increase the amount of expenditure to the City, instead, it re-enforces current liability limits that are set by the City's self insurance practice and uses the insurance limits established by the City's consultant, Camp Dresser & McKee (CDM).  CDM has added El Paso to the umbrella coverage of their liability insurance policy.    

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

Recommendation/Actions: It is recommended that the City Council approve the agreement and authorize the appropriate signatures.



Agenda Item No. 7c.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report No. 05-0069


TO:			Mayor and City Council Members

SUBJECT:	Supplemental Agreement for Construction Engineering and Staking in Southern Ridge Addition (south of Pawnee, west of Maize) (District V)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Supplemental Agreement.

Background:  The City Council approved the water distribution system and sanitary sewer improvements in Southern Ridge Addition on September 14, 2004.  On October 26, 2004 and November 17, 2004 the City approved Agreements with Baughman Company, P.A. to design the improvements.  The Design Agreements with Baughman requires Baughman to provide construction engineering and staking services if requested by the City.  

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

Financial Considerations:  Payment to Baughman will be on a lump sum basis of $16,410, and will be paid by special assessments. 

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

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




SUPPLEMENTAL AGREEMENT

TO THE

AGREEMENT FOR PROFESSIONAL SERVICES DATED NOVEMBER 17, 2004

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 November 17, 2004) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in SOUTHERN RIDGE 2ND ADDITION (south of Pawnee, west of Maize). 

	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)

WATER DISTRIBUTION SYSTEM NO. 448 90008 serving Lots 1 through 21, Block A; Lots 1 through 18, Block B; Lots 21 and 33, Block C; and Lots 1 and 2, Block D, Southern Ridge 2nd Addition (south of Pawnee, west of Maize) (Project No. 448 90008).


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:

448 90008                  $4,450.00
                       
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.


		______________________________
		   (Name & Title)

ATTEST:


_________________________________
 



SUPPLEMENTAL AGREEMENT

TO THE

AGREEMENT FOR PROFESSIONAL SERVICES DATED OCTOBER 26, 2004

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 October 26, 2004) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in SOUTHERN RIDGE 2ND ADDITION (south of Pawnee, west of Maize). 

	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)

LATERAL 44, COWSKIN INTERCEPTOR SEWER serving Lots 1 through 57, Block A; Lots 1 through 18, Block B; Lots 1 through 33, Block C; Lots 1 and 2, Block D, Southern Ridge 2nd Addition (south of Pawnee, west of Maize) (Project No. 468 83893).


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:

468 83893                  $11,960.00
                       
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.


		______________________________
		   (Name & Title)

ATTEST:


_________________________________


Agenda Item No. 7d.

City of Wichita
City Council Meeting
				January 25, 2005

Agenda Report No. 05-0070


TO:  	Mayor and City Council 

SUBJECT:   	Easement Encroachment Agreement (District V)

INITIATED BY:   	Water & Sewer Department

AGENDA:   	Consent


Recommendation:  Approve the Easement Encroachment Agreement.

Analysis:  The Agreement allows Neville Family Trust III and Aberdeen Square Land Development, Inc., to occupy and construct, improvements on, over, and across a public utility easement described as the north 20 feet and the east 20 feet of Lot 2, Block 1, Aberdeen Commercial Addition hereinafter referred to as Tract "A" and waives all rights of action in law arising out of the encroachment into the easement.  The improvement is a masonry wall along the north two feet of the north 20-foot easement and the east two feet of the east 20-foot easement in above said easements.  

The Agreement allows the City to be held harmless from any and all claims resulting from leaking, cave-in or failure of said sewer line lying within Tract "A" and from claims resulting from replacement or upgrade of lines, manholes, and/or other Department property in the easement.

Financial Considerations:  There are no financial considerations.

Legal Considerations:  The Law Department has reviewed the Agreement and approved it as to form.

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



Agenda Item No. 8a.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report No. 05-0071


TO:			Mayor and City Council Members

SUBJECT:	Agreement for Design Services for Fox Ridge Addition (north of 29th Street North, between Maize and Tyler)(District V)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Agreement.

Background:  The City Council approved the water distribution system, sanitary sewer, drainage and paving improvements in Fox Ridge Addition on June 10, 2003.

Analysis:  The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer, drainage and paving in Fox Ridge Addition.  Per Administrative Regulation 7a, staff recommends that MKEC 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 MKEC will be on a lump sum basis of $80,400, 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


MKEC ENGINEERING CONSULTANTS, INC.


for


FOX RIDGE 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 MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;
WATER DISTRIBUTION SYSTEM NO. 448 89838 serving Lots 49 through 69, Block 4, Fox Ridge Addition (north of 29th Street North, between Maize and Tyler) (Project No. 448 89838).
LATERAL 8, NORTHWEST INTERCEPTOR SEWER serving Lots 53 through 69, Block 4, Fox Ridge Addition (north of 29th Street North, between Maize and Tyler) (Project No. 468 83646).
STORM WATER DRAIN NO. 245 serving Lots 119 through 190, Block 1; Lots 5 through 8, Block 3; Lots 49 through 69, Block 4, Fox Ridge Addition (north of 29th Street North, between Maize and Tyler) (Project No. 468 83929).
DEN HOLLOW from the south line of Lot 48, Block 4 to the west line of Lot 60, Block 4; DEN HOLLOW COURT from the west line of Den Hollow to and including the cul-de-sac serving Lots 50 through 53, Block 4; DEN HOLLOW COURT from the south line of Den Hollow to and including the cul-de-sac serving Lots 55 through 59, Block 4; and DEN HOLLOW CIRCLE from the west line of Lot 60, Block 4 to and including the cul-de-sac serving Lots 60 through 67, Block 4, (north of 29th Street North, between Maize and Tyler) (Project No. 472 83790).

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 Fox Ridge Addition and 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 $5,000.00.  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 89838        $  4,900.00
Project No. 468 83646        $  5,600.00
Project No. 468 83929        $47,000.00
Project No. 472 83790        $22,900.00
TOTAL                               $80,400.00

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, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs.
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 Schofield, City Clerk


APPROVED AS TO FORM:

____________________________________________
Gary Rebenstorf, Director of Law

					      MKEC ENGINEERING CONSULTANT, INC.

					                      ___________________________________________
					                        (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.	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 and generally in accordance with the project bar chart attached to 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 the control of the ENGINEER.
a.	Plan Development for the water improvements by 120 days from notice to proceed.
(Project No. 448 89838).
b.	Plan Development for the sewer improvements by120 days from notice to proceed.
(Project No. 468 83646). 
c.	Plan Development for the drainage improvements by 120 days from notice to proceed.
(Project No. 468 83929).
d.	Plan Development for the paving improvements by 120 days from notice to proceed.
(Project No. 472 83790).



Agenda Item No. 8b.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report No. 05-0072


TO:			Mayor and City Council Members

SUBJECT:	Agreement for Design Services for Hawthorne 3rd and Krug North Additions (north of 21st, east of 127th 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 and paving improvements in Hawthorne 3rd and Krug North Additions on August 17, 2004.

Analysis:  The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides for the design of bond financed improvements consisting of water distribution system and paving in Hawthorne 3rd and Krug North Additions.  Per Administrative Regulation 7a, staff recommends that MKEC 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 MKEC will be on a lump sum basis of $43,950, 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


MKEC ENGINEERING CONSULTANTS, INC.


for


HAWTHORNE 3RD AND KRUG NORTH ADDITIONS



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 MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;
WATER DISTRIBUTION SYSTEM NO. 448 89992 serving Lots 57 through 65, Block 1, Lot 1, Block 3; Lots 7 through 17, Block 4; Lots 21 through 42, Block 4; Lots 12 through 14, Block 5, Hawthorne 3rd Addition (north of 21st, east of 127th Street East) (Project No. 448 89992).
CAMDEN CHASE from the east line of Loch Lomond to the east line of Lot 14, Block 5; ROSEMONT COURT serving Lots 7 through 17, Block 4, from the east line of Rosemont to and including the cul-de-sac; LOCH LOMOND COURT serving Lots 30 through 42, Block 4, from the west line of Loch Lomond to and including the cul-de-sac; and CAMDEN CHASE/LOCH LOMOND from the east line of Williamsgate to the north line of Lot 42, Block 4, (north of 21st, east of 127th Street East) (Project No. 472 84081). 

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 Hawthorne 3rd and Krug North Additions and 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 $5,000.00.  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 89992        $ 6,450.00
Project No. 472 84081        $37,500.00
TOTAL                               $43,950.00

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, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs.
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



					      MKEC ENGINEERING CONSULTANT, INC.


					                  ___________________________________________
					                        (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.	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 and generally in accordance with the project bar chart attached to 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 the control of the ENGINEER.
a.	Plan Development for the water improvements by 120 days from notice to proceed
(Project No. 448 89992).
b.	Plan Development for the paving improvements by 120 days from notice to proceed 
(Project No. 472 84081).

 
Agenda Item No. 8c.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report No. 05-0073


TO:			Mayor and City Council Members

SUBJECT:	Agreement for Design Services for Regency Lakes Commercial 2nd Addition (north of 21st, west of Greenwich)(District II)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Agreement.

Background:  The City Council approved the water distribution system and sanitary sewer improvements in Regency Lakes Commercial 2nd Addition on September 28, 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 water distribution system and sanitary sewer in Regency Lakes Commercial 2nd 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 $16,000, 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


REGENCY LAKES COMMERCIAL 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 PROFESSIONAL ENGINEERING CONSULTANTS, P.A., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;

WATER DISTRIBUTION SYSTEM NO. 448 90006 serving Lots 5 through 11, Block 1, Regency Lakes Commercial 2nd Addition (north of 21st, west of Greenwich) (Project No. 448 90006).
 
LATERAL 6, MAIN 26, WAR INDUSTRIES SEWER serving Lots 7 through 11, Block 1, Regency Lakes Commercial 2nd Addition (north of 21st, west of Greenwich) (Project No. 468 83895).
 
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 Regency Lakes Commercial 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 90006                 $  6,500.00
Project No. 468 83895                 $  9,500.00
TOTAL                                        $16,000.00

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, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs.
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 Schofield, City Clerk


APPROVED AS TO FORM:


____________________________________________
Gary Rebenstorf, Director of Law


						      PROFESSIONAL ENGINEERING CONSULTANT, 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.
6.	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 12/15/04.
(Project No. 448 90006).
b.	Plan Development for the sewer improvements by 12/15/04.
(Project No. 468 83895).



Agenda Item No. 8d.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report No. 05-0074


TO:			Mayor and City Council Members

SUBJECT:	Agreement for Design Services for Liberty Park 2nd Addition, Copper Gates Estates & Copper Gate Addition (south of 13th, along both sides of 135th Street West) (District V)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Agreement.

Background:  The City Council approved the water distribution system improvements in Liberty Park 2nd Addition, Copper Gates Estates & Copper Gate Addition on June 22, 2004.

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 Liberty Park 2nd Addition, Copper Gates Estates & Copper Gate 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 $10,800, 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


LIBERTY PARK 2nd ADDITION, COPPER GATES ESTATES & COPPER GATE 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 SYTEM NO. 448 89746 serving Lots 1 through 49, Block A; Lots 1 through 39, Block B; Lots 1 through 37, Block C: Lots 1 through 36, Block D; Lots 1 through 3, Block E, Liberty Park 2nd Addition; Lots 1 through 47, Block A; Lots 1 through 8, Block B; Lots 1 through 40, Block C; Lots 1 through 37, Block D; Lots 1 through 36, Block E, Lots 1 through 14, Block F, Copper Gate Estates; Lot 1, Block A, except that part described as follows: beginning at the most easterly corner common to said Lot 1 and Lot 2, in said Block A; thence S89°35'25"W along the north line of said Lot 2, 200.00 feet to the NW corner of said Lot 3; thence S00°00'00"W along the west line of said Lot 2, 200.00 feet to the SW corner of said Lot 2; thence S89°35'25"W along the south line of said Lot 1, 325.01 feet to the SW corner of said Lot 1; thence N00°00'00"E along the west line of said Lot 1, 686.69 feet; thence N89°35'25"E, 205.01 feet to a point 205.00 feet normally distant east of the west line of said Lot l; thence S00°00'00"E, 250.01 feet; thence N89°35'25"E, 320.01 feet to a point on the east line of said Lot 1; thence S00°00'00"E along the east line of said Lot 1, 236.69 feet to the point of beginning; Lot 3, Block A, Copper Gate Addition; and Unplatted Tract "A", that part of the NE 1/4 of Sec. 14, Twp. 27-S, R-2-W of the 6th P.M.., Sedgwick County, Kansas (south of 13th, along both sides of 135th Street West) (Project No. 448 89746).

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 Liberty Park 2nd Addition, Copper Gates Estates and Copper Gate Addition 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 89746                                       $10,800.00

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, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs.
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 Schofield, 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 February 28, 2005.
(Project No. 448 89746).






Agenda Item No. 8e.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report No. 05-0075


TO:			Mayor and City Council Members

SUBJECT:	Agreement for Design Services for Reed's Cove and Reed's Cove 2nd Additions (south of 21st, east of 127th 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, storm water drainage and paving improvements in Reed's Cove and Reed's Cove 2nd Additions on September 13, 2003.

Analysis:  The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer, storm water drainage and paving in Reed's Cove and Reed's Cove 2nd Additions.  Per Administrative Regulation 7a, staff recommends that MKEC 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 MKEC will be on a lump sum basis of $32,500, 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


MKEC ENGINEERING CONSULTANTS, INC.


for


REED'S COVE AND REED'S COVE 2ND ADDITIONS



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 MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;
WATER DISTRIBUTION SYSTEM NO. 448 89852 serving Lots 34 through 39, Block 1; Lots 27 through 32, Block 3, Reed's Cove Addition (south of 21st, east of 127th Street East) (Project No. 448 89852).
LATERAL 5, MAIN 14, FOUR MILE CREEK serving Lots 2 through 11, Block 3; Lots 23 through 32, Block 3, Reed's Cove Addition (south of 21st, east of 127th Street East) (Project No. 468 83896).
STORM WATER SEWER NO. 594 serving Lots 29 through 39, Block 1; Lot 40, Block 1; Lots 1 through 35, Block 2; Lots 1 through 11, Block 3; Lots 19 through 33, Block 3, Reed's Cove Addition; Lot 1, Block 4, Reed's Cove 2nd Addition (south of 21st, east of 127th Street East) (Project No. 468 83712).
GLENWOOD COURT serving Lots 24 through 33, Block 1 from the west line of Glenwood to and including the cul-de-sac; REED'S COVE from the east line of Reed's Cove Court to the west line of Glenwood; constructing a sidewalk on both sides of Reed's Cove from the east line of Reed's Cove Court to the west line of Glenwood (south of 21st, east of 127th Street East) (Project No. 472 83857).

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 Reed's Cove and Reed's Cove 2nd Additions and 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 $5,000.00.  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.

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 89852        $  2,500.00
Project No. 468 83896        $  4,650.00
Project No. 468 83712        $13,000.00
Project No. 472 83857        $12,350.00
TOTAL                               $32.500.00

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.

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, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs.
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

					      MKEC ENGINEERING CONSULTANT, INC.

					                  ___________________________________________
					                        (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.
6.	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 120 days from notice to proceed
(Project No. 448 89852).
b.	Plan Development for the sewer improvements by 120 days from notice to proceed 
(Project No. 468 83896).
c.	Plan Development for the storm water improvements by 120 days from notice to proceed 
(Project No. 468 83712).
d.	Plan Development for the paving improvements by 120 days from notice to proceed 
(Project No. 472 83857).



Agenda Item No. 8f.

City of Wichita
City Council Meeting
January 25, 2005

Agenda Report No. 05-0076


TO:			Mayor and City Council Members

SUBJECT:	Agreement for Design Services for Wichita Clinic Addition (south of 21st, east of K-96 Expressway)(District II)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Agreement.

Background:  The City Council approved the paving improvements in Wichita Clinic Addition on December 2, 2003.

Analysis:  The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides for the design of bond financed improvements consisting of paving in Wichita Clinic Addition.  Per Administrative Regulation 7a, staff recommends that MKEC 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 MKEC will be on a lump sum basis of $23,800, 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


MKEC ENGINEERING CONSULTANTS, INC.


for


WICHITA CLINIC 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 MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;
FOUNDERS CIRCLE from the north line of Lot 1, Block 1, Wichita Clinic Addition to and including the cul-de-sac; SIDEWALK to be constructed on the west side of Founders Circle from the north line of Lot 1, Block 1 to the cul-de-sac (south of 21st, east of K-96 Expressway) (Project No. 472 83893).

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 Wichita Clinic Addition and 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. 472 83893        $23,800.00

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, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs.
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


					      MKEC ENGINEERING CONSULTANT, INC.


					                  ___________________________________________
					                        (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