JULY 12, 2005 AGENDA REPORTS Agenda Item No. 7 City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0640 TO: Mayor and City Council Members SUBJECT: Petition for a Sanitary Sewer to serve Maple Shade Addition (east of Webb, north of Pawnee) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petition. Background: On April 26, 2005, the City Council approved a Petition for a sanitary sewer to serve Maple Shade Addition. The Petition, which was prepared by the developer's platting Engineer, contains a project budget that is too low. The developer has submitted a new Petition with an increased budget. The signature on the new Petition represents 100% of the improvement district. Analysis: The project will serve a new residential development located east of Webb, north of Pawnee. Financial Considerations: The existing Petition totals $32,000. The new Petition totals $80,000. The funding source is special assessments. Legal Considerations: State Statutes provide that a petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petition and adopt the Resolution. Agenda Item No. 9a City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0641 TO: Mayor and City Council SUBJECT: Procurement of Concession Supplies for Golf Courses (All Districts) INITIATED BY: Department of Park and Recreation AGENDA: Consent Recommendation: Approve the contract for concession supply services with U.S. Foodservice. Background: The Golf Course Division of the Park and Recreation Department provides concession services to patrons at the City's golf courses. Vendor contracts for provision of food, restaurant supplies, and delivery are scheduled for renewal. Analysis: On May 3, 2005, the City Purchasing Division sent out a Request for Proposals (RFP) for food and restaurant supplies for City golf courses. U.S. Foodservice was the sole respondent to this RFP. This vendor has satisfactorily provided these services to the City golf courses since 2001. Financial Considerations: U.S. Food Services has provided pricing and will provide free delivery for orders of $350 or more. Legal Considerations: There is an existing blanket purchase order contract on file with Purchasing that will be updated for review by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the contract for U.S. Foodservice to provide food and restaurant supply services for City golf courses and authorize the necessary signatures. Agenda Item No. 9b City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0642 TO: Mayor and City Council SUBJECT: Interagency Agreement INITIATED BY: Wichita Transit AGENDA: Consent Agenda Recommendation: Approve the Interagency agreement between the Department of Social and Rehabilitation Services and Wichita Transit. Background: The Access to Jobs program provides rides to and from work for low-income workers. Since the start of the program in October 2000, Access has provided over 500,000 rides. By entering into an interagency agreement with SRS, Wichita Transit can provide 13,300 more rides a year to low- income workers. This is an agreement renewal. Analysis: Part of the Access to Jobs grant is to provide half the cost of the rides that agencies offer low-income clients when they are trying to enter or re-enter the work force. The other half of those expenses are borne by the agency. Financial Considerations: The Access to Jobs rides will be purchased with grants from FTA (50%) and from Social and Rehabilitations Services (50%). The flash passes will be paid for by SRS. No city funds will be involved in the Access rides or the flash passes. Legal Consideration: The City's Law Department has reviewed the contract prior to execution as to form. Recommendations/Actions: It is recommended that the City Council approve the interagency agreement and authorize the necessary signatures. INTERAGENCY AGREEMENT BETWEEN THE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES AND WICHITA TRANSIT FOR ACCESS TO JOBS AND FLASH PASS TRANSPORTATION PROGRAMS This Agreement is made and entered into this 1st day of July, 2004 by and between the Director of Wichita Transit, hereinafter referred to as "WT" and the Secretary of the Kansas Department of Social and Rehabilitation Services, hereinafter referred to as "SRS". The agreement serves as the formal basis for assumption of the following performance requirements by Wichita Transit, using funds provided under the Welfare to Work provisions of Title IV, Part A of the Social Security Act, as amended. It is mutually agreed by and between the Director of Wichita Transit and the Secretary of the Kansas Department of Social and Rehabilitation Services, that Wichita Transit will provide all services necessary to carry out the Performance Criteria outlined in this agreement, and accept payment as proscribed in this document. In addition, WT will undertake the entire Access to Jobs program within the $1,450,000 budget of their federal grant as outlined in the agreement. During the administration of activities covered by this agreement, Wichita Transit agrees to comply with all applicable laws, regulations, and policies of the United States, the State of Kansas and the city of Wichita, including, but not limited to the following: 1. Equal Opportunity a. Title VI, Civil Rights Act of 1964 b. Title IV, Part A of the Social Security Act, as amended. c. Executive Order 11245, as amended. d. ADA of 1990 e. City of Wichita Executive Order No. 1. f. City of Wichita Administrative Regulation No. 23. 2. Welfare to Work a. Title IV, Part A of the Social Security Act, as amended. 3. Access to Jobs a. TEA-21, Section 3037 4. Other a. Federal Labor Standards. b. Clean Air Act, as amended. c. City of Wichita Administrative Regulations, as applicable. d. Federal Transit Authority (FTA) Drug Free Workplace and Drug and Alcohol Testing Policy. 1) SCOPE OF WORK Performance Criteria Access -to- Jobs Program Description Service is prepared to begin July 1, 2004 subject to the 50% match basis for a projected project span of 12 months. Should demand grow as is expected, the time span of this agreement could shorten. Future FTA funding is already earmarked for a continuation of Wichita's initial federal grant. Partnering agencies will reimburse the City for 50% of the cost of each ride provided. The program concept is to provide transportation to clients of Social and Rehabilitation Services (SRS), through a coordinated effort of Wichita Transit, local agencies currently having transportation capacity, private transportation providers and cab companies. Service parameters will initially be within the City of Wichita and adjacent industrial improvement districts, 7 days a week 24 hours a day. Components of this service plan include: 1. City staff to develop partnerships and direct, coordinate and schedule transportation. 2. Transit Center office space will be used as the central focal point for the "one stop shopping" concept. 3. Contract transportation providers will include human service agencies, cab companies, and private transportation providers. 4. As demand grows, WT retains the option to utilize paratransit vans and add van drivers to establish a core service. 5. Office equipment, computers, scheduling software programs and new vans as demand dictates can be purchased through the federal grant. I. Duties and Responsibilities Wichita Transit will: 1. provide all administrative services necessary to implement the federal grant; 2. submit renewing federal grant applications in a timely manner to continue the program as need demonstrates; 3. schedule and coordinate all transportation, coordinating with local transportation providers or provide the service directly; 4. advise the case manager who the transportation provider will be i.e. taxi, Wichita Transit van, or other service provider; 5. accept transportation requests between 8 a.m. and 3 p.m. Monday through Friday, legal holidays excepted; 6. accept cancellations by 3 o'clock prior to the day of scheduled service; 7. require specified trip origins and destinations from authorizing agencies, including authorized alternative sites for day care of sick children; 8. transport the number of individuals authorized without specific identification; 9. transport all qualifying individuals including those with physical disabilities; 10. notify the referring agency when a scheduled client does not ride; 11. not be providing inter-shift emergency transportation 12. invoice the referring agency monthly for purchased rides in accordance with the cost analysis in this agreement; 13. invoice the referring agency for "no shows", in accordance with the rate(s) set forth in this agreement; 14. review the cost and service quarterly in the first year, and amend this agreement upon mutual agreement; 15. refer all client service coordination efforts to the appropriate case manager. SRS will: 1. determine the eligibility of clientele based on 150% of current poverty level guidelines; 2. refer eligible clients to Wichita Transit for transportation services; 3. provide formal authorization for transportation of specified origins and destinations; 4. provide formal authorizations for specified individuals; 5. provide formal notice of cancellation in writing; 6. schedule service through Wichita Transit; 7. authorize individuals to participate in the program; 8. not request inter-shift emergency transportation for clients; 9. review invoices and notify Wichita Transit of discrepancies; 10. notify Wichita Transit of service deficiencies immediately. 11. timely pay to Wichita Transit the sums due on invoices submitted as described below. It is mutually agreed by the contracting parties that all necessary services to carry out the performance criteria will be implemented. Flash Pass Program Description Wichita Transit will provide rider flash passes for use on their fixed route bus system. A flash pass is a laminated card, which when shown to a WT driver will allow unlimited access to WT services. A flash pass is valid for no more than a three-month period. Wichita Transit will: 1. Provide numbered pass card blanks to SRS. WT will change the color of the numbered pass card blanks each quarter. 2. Transport the number of individuals authorized. 3. Provide SRS with a billing for passes issued each month by the 10th day of the following month. SRS will: 1. Individualize each pass with the name and picture of the adult and the number of dependent children eligible to ride. 2. Maintain a pass issued log that will be given to WT no later than five days after the 1st and 16th of each month. 3. Provide an accounting of all pass blanks issued at the end of each quarter. All blanks not accounted for or returned to WT will be charged the full quarterly fare. 2) TERM OF AGREEMENT This Agreement shall commence on July 1, 2004 and continue through June 30, 2006, with the option to renew by written mutual consent. 3) COMPENSATION and PAYMENT: Method of Payment Wichita Transit will prepare a monthly invoice with supporting detail and send to SRS by the 30th day of the following month. SRS will initiate a payment by check within 15 days upon verification of the invoice. Wichita Transit and SRS will agree to any adjustments to the invoice. Access to Jobs Compensation Explanation: SRS'S Cost per ride $9 within the City of Wichita and Contiguous improvement districts. Trips extending beyond the geographical boundaries established herein are covered at a $9 per ride cost plus a zone fare, which will be established at a later date by Wichita Transit, and will be available to SRS before it is requested to authorize rides to and from that zone. Transportation costs will be reviewed quarterly, subject to revision based on operating costs and historical demand of service. Any change in fee, whether increase or decrease, shall be submitted to SRS for approval in a written form 10 days prior to the fee change. No-show charges The cost of a no-show trip will be invoiced at one half the then current full cost of the trip (i.e. currently $4.50). Funding Services will only be provided to the extent that a local match has been negotiated, up to the limit of available federal matching funds. The projected time period during which federal funds will be available for the federal grant is funds are exhausted; however should demand grow as is expected, the span of this federal grant could be shortened. Further FTA funding is already earmarked for a continuation of Wichita's initial federal grant. Charges for Service Transportation reimbursements on a per ride basis by SRS may not be more than the reimbursements made by other agencies or individual organizations for similar service. Flash Pass Compensation Explanation: A billing unit is $216 per eligible rider per flash pass for a three month period or a portion of a three- month period prorated as follows: Period 1 - First month 1st through 15th, $216.00 Period 2 - First month 16th through last day of the month, $180.00 Period 3 - Second month 1st through 15th, $144.00 Period 4 - Second month 16th through last day of the month, $108.00 Period 5 - Third month 1st through 15th, $72.00 Period 6 - Third month 16th through the last day of the month, $36.00 4) TERMINATION Either party may terminate this Agreement with 30 days written notice. 5) MODIFICATIONS This Agreement may only be modified by the mutual written agreement of the parties. Any significant change in scope and intent of this agreement shall be considered and approved or disapproved by the City Council and SRS . A significant change is defined as a change in program intent, program beneficiaries, basic program guidelines, and any budget or funding change over $10,000. Any change approved by the City Council and SRS shall have the full force and effect as all other provisions of the agreement as though originally fully set out herein. Approval of signatories of this agreement is not necessary for changes approved by the City Council and SRS. Changes or amendments to this agreement not submitted to the City Council for approval must be in writing and have the written approval of all signatories of this agreement 6) HIPAA- Not Applicable Form DA146a, State of Kansas Department of Administration, Contractual Provisions Attachment,is attached and becomes a part of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized official or officers. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES ___________________________ _____________ Gary Daniels Acting Secretary Date WICHITA TRANSIT Jay Banasiak, Manager Date CITY COUNCIL - WICHITA, KS ____________________________ Carlos Mayans Mayor ATTEST: APPROVED AS TO FORM _____________________ ________________________ Karen Sublett Gary Rebenstorf City Clerk City of Wichita, Department of Law **PDF Exhibit A Contractual Provisions Attachment** Agenda Item No. 9c City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0643 TO: Mayor and City Council SUBJECT: West Maple Water Booster Pump Station Agreement (District V) INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the Agreement for a design/build project for the West Maple Water Booster Pump Station. Background: The 1999 the Water Master Plan identified potential water pressure problems in portions of the west Wichita water distribution system and in growth areas in west Sedgwick County identified by the Metropolitan Area Planning Department (MAPD). Pressure complaints and accelerated growth in the west Wichita area have prompted a need to go forward with this project. Analysis: On April 8, 2003, the City Council approved a Water Master Plan Update. In the process of updating the water distribution water model and analyzing the water distribution system, which includes the latest growth predictions by MAPD, the Water Master Plan recommended a new water distribution booster pump station facility. The facility will be located near the existing 24-inch water main in Maple between 135th Street West and 151st Street West. On February 28, 2005, the Staff Screening and Selection Committee selected the design/build team of Dondlinger & Sons Construction Co., Inc. and Burns & McDonnell Consultant Engineers for the design and construction of the West Maple Water Booster Pump Station. Financial Considerations: City Council approved land acquisition and engineer/contractor expenditures for $650,000 in CIP W-910 (135th W. & Maple Inline Booster Station) on December 7, 2004. Funds will be provided from future revenue bonds and/or Water Utility cash reserves. The Agreement will not exceed the guaranteed maximum price of $429,700. All work will be performed on a cost-of-work-basis with a fee of ten percent (10%) on a guaranteed maximum basis, with savings below the guaranteed maximum price to be shared 50 percent the City and 50 percent by the contractor. 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. 9d City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0644 TO: Mayor and City Council SUBJECT: Equus Beds Aquifer Storage and Recovery Project (Phase I) - Supplemental Agreement No. 6 INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendations: Approve Supplemental Agreement No. 6 with Burns & McDonnell to conduct a test at a proposed well site. Background: On January 8, 2002, the City Council approved a Contract with Burns & McDonnell Engineering Co. to provide engineering and design services for Phase I of the Equus Beds Aquifer Storage and Recovery Project for $798,532. November 5, 2002, the City Council approved Supplemental Agreement No. 1, for additional archeological services to evaluate the impact of the discovery of a prehistoric artifact. March 25, 2003, City Council approved Supplemental Agreement No. 2 for the services necessary to run the computer model to evaluate the results of pilot work on alternate water treatment technologies. April 1, 2003, City Council approved Supplemental Agreement No. 3 to allow drilling of additional test holes at the proposed sites for recharge basins. May 25, 2004, City Council approved Supplemental Agreement No. 4 to drill two additional test wells at alternative sites for diversions wells that appeared to have better water quality. August 31, 2004, City Council approved a Memorandum of Understanding with the Equus Beds Groundwater Management District (GMD) that led to the unanimous recommendation of the GMD for approval of the City's applications for water rights for Phase I of the ASR project. March 8, 2005, City Council approved Supplemental Agreement No. 5 that included services to conduct a shallow aquifer test and other services associated with obtaining appropriations from the state. Analysis: The proposed Supplemental Agreement includes additional engineering services necessary to conduct a full-scale aquifer test at the site of one of the proposed diversion wells adjacent to the Little Arkansas River. This test is necessary to prove that a well at this site will divert water from the river, rather than the aquifer, and meet the requirements established by the GMD and the state. Similar tests will be required at each proposed diversion well, but this first test can be done with a smaller well that can then be used to provide the water needed to drill the larger wells. Doing a test well now, rather than after the full-scale wells have been drilled, will help assure that the City will be constructing facilities that meet its needs and comply with regulatory requirements. The Supplemental Agreement includes the cost of drilling the well (thereby reducing the cost of the construction phase by that amount) and the engineering services to observe construction of the well, conduct the appropriate pump tests and analyze the results. Financial Considerations: The cost of Supplemental Agreement No. 6 will not exceed $94,746. This includes $49,750 for construction of the pumping well, observation wells and associated monitoring equipment. Funding for the project is included in CIP W-549, Water Supply Plan Phase III, which has available funding of over $7.6 million. Legal Considerations: The Law Department has reviewed and approved the Supplemental Agreement as to form. Recommendation/Actions: It is recommended that the City Council approve Supplemental Agreement No. 6 with Burns & McDonnell and authorize the necessary signatures. Agenda Item No. 9e City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0645 TO: Mayor and City Council SUBJECT: Equus Beds Aquifer Storage and Recovery Project (Phase I) - Supplemental Agreement No. 7 INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendations: Approve Supplemental Agreement No. 7 with Burns & McDonnell Engineering for improvements in the wellfield electrical system. Background: On January 8, 2002, the City Council approved a Contract with Burns & McDonnell Engineering Co. to provide engineering and design services for Phase I of the Equus Beds Aquifer Storage and Recovery Project for $798,532. November 5, 2002, the City Council approved Supplemental Agreement No. 1, for additional archeological services to evaluate the impact of the discovery of a prehistoric artifact. March 25, 2003, City Council approved Supplemental Agreement No. 2 for the services necessary to run the computer model to evaluate the results of pilot work on alternate water treatment technologies. April 1, 2003, City Council approved Supplemental Agreement No. 3 to allow drilling of additional test holes at the proposed sites for recharge basins. May 25, 2004, City Council approved Supplemental Agreement No. 4 to drill two additional test wells at alternative sites for diversions wells that appeared to have better water quality. August 31, 2004, City Council approved a Memorandum of Understanding with the Equus Beds Groundwater Management District (GMD) that led to the unanimous recommendation of the GMD for approval of the City's applications for water rights for Phase I of the ASR project. March 8, 2005, City Council approved Supplemental Agreement No. 5 that included services to conduct a shallow aquifer test and other services associated with obtaining appropriations from the state. Analysis: As part of the Aquifer Storage and Recovery Project (ASR) project, Burns and McDonnell will design improvements to the electrical distribution system that the City owns in the Equus Beds Wellfield. The City's electric system connects to Westar Energy at two locations in the wellfield; however, the overhead electrical distribution system that transmits power to the 55 water supply wells is owned and operated by the City. During the ice storm of January 2005, several weaknesses were found in the connections from Westar and in the City's existing electrical system. This Supplemental Agreement includes engineering services necessary to remedy the weaknesses. Proposed improvements include upgrading approximately five miles of overhead power lines, new transformers and equipment that will facilitate the use of emergency generators to power some of the wells. These design services are beyond the scope of the present contract, but blend with the services they are providing as part of the ASR project. Financial Considerations: The Supplemental Agreement will not exceed $83,550. Construction of the improvements, estimated at $740,000 will be included as part of the Phase I ASR project. Funding is available in CIP W-549, Water Supply Plan Phase III, which has available funding of over $7.6 million. Legal Considerations: The Law Department has reviewed and approved the Supplemental Agreement as to form. Recommendation/Actions: It is recommended that the City Council approve Supplemental Agreement No. 7 with Burns & McDonnell and authorize the necessary signatures. Agenda Item No. 9f CITY OF WICHITA City Council Meeting July 12, 2005 Agenda Report No. 05-0646 TO: Mayor and City Council Members SUBJECT: Contract for Parking Management (District VI) INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Approve the contract. Background: On October 1, 1996, the City of Wichita and AMPCO System Parking (AMPCO) entered into a contract for management of the City Hall Parking complex, the State Office Building Parking Garage and various City-owned surface lots. Under the contract, AMPCO manages 13 surface lots and two garages totaling approximately 2,610 spaces. All available extension options have been exercised under the contract. Analysis: A request for proposal for parking management was prepared and sent to fourteen parking management companies nationwide. Three proposals were received. Pursuant to Administrative Regulation 1.2, a staff screening and selection committee reviewed the proposals and interviewed the interested firms. Based on qualifications, presentation and fee structure, the committee recommended that a new contract be approved with AMPCO. . Financial Considerations: AMPCO's current monthly fee is $18,843. The new contract fee is $18,143. In addition, AMPCO has agreed to spend $125,000 on facility and system upgrades. Legal Considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that the City Council; 1) Approve the contract; and 2) Authorize all necessary signatures. Agenda Item No. 9g City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0647 TO: Mayor and City Council Members SUBJECT: City Hall Garage Repairs (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Contract Amendment for continued consultant services. Background: On November 16, 2004, City Council approved a CIP project to perform a condition appraisal/maintenance review of the City Hall Parking Garage. On February 15, 2005, City Council approved a contract with the combined firms of McCluggage Van Sickle Perry Corp. (MVP) and Walker Parking Consultants, Inc. for $18,000 to perform the condition appraisal/maintenance review. Analysis: Walker Parking Consultants, Inc. performed a survey of the structure on March 16 and 17, 2005. Their evaluation included a visual survey of the topside and underside of the supported levels, concrete slab, sealants, columns, beams, shear walls, spandrel walls, drainage systems, stair towers and other miscellaneous items. Selected chain dragging of the topping slab was also performed to identify if hidden delaminating was present. Concrete samples were obtained and set for lab analysis. The major conditions observed include but are not limited to: deteriorated control joint sealants; surface spalling of the supported concrete topping slab; delaminated concrete in the supported slab and ramp; moisture infiltration of the spandrel brick façade; bearing pad issues in select locations; corrosion of the metal pan stairs and railings; cracked brick façade at the northwest corner on the upper lever; fading and corrosion of metal railing on the top of the spandrel beams; faded floor markings and obstructed floor drains. There were no apparent life safety issues observed. As part of the condition appraisal the consultant was to provide an estimate of probable construction cost for the recommended repairs. They studied the various repair techniques for the structure focusing on providing increased levels of repair and protection to minimize the potential of future deterioration. The repairs presented identified the basic repair approach to restore the structure's integrity and maintainability, while maintaining service life. The estimated probable cost of construction for all the recommended repairs is $263,835, which exceeds the CIP budget. Therefore, only the highest priority repairs are scheduled for 2005. Repairs to be completed this year include concrete, masonry, waterproofing, sealant, mechanical, and other miscellaneous items for an estimated probable cost of construction of $180,765. A contract amendment has been negotiated with the MVP to continue their services related to the Construction Documents, Bidding, and Construction Administration Phases for the repairs as identified in the condition appraisal for a fee including reimbursable expenses not to exceed $36,550. The condition appraisal cost of $18,000 plus the additional consultant services for construction documents of $36,550 and the estimated probable cost of construction of the priority repairs of $180,765 total $235,315, which is within the CIP budget. Financial Considerations: The project is authorized in the 2004-2013 Capital Improvement Program (CIP) PB-340402 (Project No. 435392, OCA No. 792427) at $250,000 in 2005. The proposed 2005-2014 CIP, which has not yet been approved, includes an additional $250,000 in 2006 for the remaining garage/modifications repairs making a total of $500,000 available over 2 years. Legal Considerations: The Law Department has approved the Contract Amendment as to form. Recommendation/Action: It is recommended that the City Council approve the Contract and authorize the necessary signatures. AMENDMENT NUMBER ONE THIS AMENDMENT, Made the ___________day of _________________2005, BY AND BETWEEN THE CITY OF WICHITA, KANSAS A Municipal Corporation, hereinafter referred to as "OWNER" AND MCCLUGGAGE VAN SICKLE & PERRY CORPORATION, hereinafter referred to as "ARCHITECT" WHEREAS, the parties have heretofore, on the 15th day of February, 2005, entered into a Contract; and WHEREAS, the parties wish to modify the "SCOPE OF SERVICES" in connection with the proposed construction modification project of the City of Wichita's City Hall Parking Garage which is the subject matter of such Contract. NOW, THEREFORE, in consideration of the promises and covenants herein contained and to be performed, the parties hereto agree as follows: I. The Contract between the parties dated February 15, 2005 shall be amended to change the Basic Services (EXHIBIT "A") to be performed by the ARCHITECT as follows: A. The PROJECT scope will be modified to include the Construction Documents Phase, Bidding Phase, and Construction Administration Phase as follows: B. Construction Documents Phase will be as follows: Meet with City representatives to confirm the program, confirm the budget and establish lines of communication. Conduct a detailed field review of the facility; refine the comprehensive list of work items and quantities identified in the April 2005 Condition Appraisal Report. Prepare the detailed construction drawings and specifications after full consideration has been given to the April 2005 Condition Appraisal Report, estimates and field review of the facility. Prepare proposals, forms, and notices to bidders. Set forth in detail and prescribe the work to be done; the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and service connected equipment, and contract documents satisfactory to the OWNER for the effective coordination and efficient execution of the construction work. The ARCHITECT will use the OWNERS Modified Construction Contract and General Condition's packages (AIA 101 and 201 modifications) as approved by the City's Law Department when American Institute of Architects (AIA) form documents are used in connection with the City's construction documents. Prioritize the estimates of probable construction costs for the recommended repairs and furnish a formal written estimate of the probably cost of constructing the PROJECT according to the completed drawings and specifications as approved. In the event said cost estimates are not approved by the OWNER, Paragraph VII of basic Contract will apply. Conduct the necessary code analysis, consult with governing authorities having jurisdiction over the PROJECT, and incorporate their requirements into the construction documents for the PROJECT. Submit a progress set of the plans and details for the repair program for review at 90% completion. C. Bidding Phase will be as follows: 1. Reproduction of the completed plans and specifications for use in bidding purposes will be paid by OWNER. ARCHITECT will coordinate with OWNER for selected reproduction vendor with vendor invoicing OWNER direct. 2. Review bidding documents for completeness and coordination before release for bids. OWNER shall issue Bidding Documents to bidders. 3. Attend pre-bid conference(s), as scheduled to provide guidance to the OWNER and to prospective bidders. 4. Write and coordinate and otherwise aid in the issuance of addenda or provide clarifications as required. 5. Furnish a formal written estimate of probable construction costs and bid tabulation sheet(s) to the City's Project Manager two (2) days before the bid opening. 6. Attend the formal bid opening(s). 7. Assist the OWNER in receiving and evaluating bids. 8. Assist the OWNER in final recommendation of prime contractor. 9. Review alternate cost savings methods with the OWNER and accepted contractor if PROJECT is over budget. In the event that bids received exceed the ARCHITECT'S final official and approved estimate of construction cost, ARCHITECT agrees to cooperate with OWNER without additional architectural fees in revising the PROJECT scope and quality as required to reduce the construction cost. (Refer to Paragraph VII of the basic Contract) D. Construction Administration Phase will be as follows: 1. Be responsible for the general administration of the PROJECT and provide periodic monitoring of the construction in accordance with professional standards. Review information provided by such inspection bureaus and testing laboratories as may be employed by the OWNER for such work. Endeavor to guard the OWNER against defects and deficiencies in the work of contractors. The ARCHITECT will prepare certificates of payments due the contractor. By issuing a Certificate for Payment, the ARCHITECT will along with OWNER'S Project Manager represent to the OWNER that, to the best of their knowledge, information and belief based on general practice in the area at this time and based on what their observations have revealed, the quality of work is in accordance with the Contract Documents. 2. For changes in the PROJECT prepare such drawings to supplement the working drawings as to permit the proper completion of the work; review shop drawings and material sample submittals for architectural, structural, mechanical, civil, and electrical portions of the related facilities. 3. Provide consultation and advice during construction. 4. The general monitoring by the ARCHITECT is to be distinguished from the continuous on-site inspection of a Project Manager assigned by the OWNER (Reference Paragraph IV of the basic Contract). 5. The ARCHITECT will designate critical construction observation points in advance, to the OWNER in writing. 6. Issue necessary interpretations and clarifications of the Contract Documents. 7. Prepare a punch list for the construction, and participate in final punch list review. 8. Secure maintenance and operational manuals from Contractor including descriptions and maintenance procedures for the new facility. 9. Deliver to the OWNER one (1) set of Xerox or vellums of the contractor's record drawings (plans), as changed or corrected by the Contractor for the PROJECT, such reproducibles to become the property of the OWNER. 10. Make final inspection before acceptance of PROJECT by the OWNER. Complete a final construction report. 11. Provide a joint site visit eleven (11) months after substantial completion to identify any warranty concerns. Provide a final construction report. II. The Contract between the parties dated February 15, 2005 shall be amended to change the PAYMENTS. The OWNER agrees to pay the ARCHITECT for services rendered under this Amendment Number One, a total fee established as follows: A. For the Construction Documents, Bidding, and Construction Administration Phases and other related items a single stipulated lump sum fee of thirty thousand fifty dollars ($30,050.00), which shall constitute complete compensation for the services. In addition the ARCHITECT will be directly reimbursed for other services, as follows: 1. Reimbursable expenses include fees directly paid for by the ARCHITECT. These are expenses incurred in the interest of the PROJECT. These costs will be reimbursed to the ARCHITECT at actual cost. Reimbursable expenses shall not exceed six thousand five hundred dollars ($6,500.00). This fee shall be payable in monthly installments, and in proportion to the services performed, payable upon the satisfactory performance of the service. III. Exhibit "C" a copy of which is attached hereto and which is incorporated herein by reference further defines the ARCHITECT'S services and fees. IV. All other provisions of the February 15, 2005, Contract and subsequent Amendments between the parties hereto not modified herein shall remain in full force and effect. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF WICHITA, KANSAS by ______________________________ Carlos Mayans, Mayor Attest: MCCLUGGAGE VAN SICKLE & PERRY CORPORATION ______________________________ by______________________________ Karen Sublett, City Clerk Jeffrey T. Van Sickle, AIA CEO Approved as to form: ______________________________ Gary E. Rebenstorf Director of Law and City Attorney Agenda Item No. 9h City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0648 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Construction Engineering and Staking in Cheryl's Hollow Addition (north of 13th, west of 135th Street West) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the drainage improvements in Cheryl's Hollow Addition on December 21, 2004. On February 15, 2005 the City approved an Agreement with Ruggles & Bohm, P.A. (R&B) to design the improvements. The Design Agreement with R&B requires R&B to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and R&B 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 and staking for this project. Financial Considerations: Payment to R&B will be on a lump sum basis of $17,520, and will be paid by special assessments. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED FEBRUARY 15, 2005 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND RUGGLES & BOHM, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated February 15, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in CHERYL'S HOLLOW ADDITION (north of 13th, west of 135th Street West). 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, AS-BUILT AND CONSTRUCTION ENGINEERING (as per the City of Wichita Standard Construction Engineering Practices) STORM WATER DRAIN NO. 249 serving Lots 1 through 24, Block 1; Lots 1 through 19, Block 2, Lots 1 through 20, Block 3, Cheryl's Hollow Addition and Unplatted Tract A (north of 13th, west of 135th Street West) (Project No. 468 83938). As-built of all areas included in the project mass grading plan will be the responsibility of the ENGINEER and shall be submitted and sealed by a licensed land surveyor or registered professional engineer. Final elevations for all areas to be graded per plans, provisions or otherwise, including street right-of-way, lots, easements, ponds and reserve areas, shall be within +/- 0.2' of plan call-outs, unless otherwise stated in plans or provisions. ENGINEER will be responsible to coordinate any rework with the contractor, regardless of the number of times necessary to achieve allowable tolerance, and will ensure that a minimum slope is maintained in all drainage easements, especially in such cases where the +/- tolerance could result in a less than desirable percent of grade. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the project engineer as soon as possible after completion of final grading, will show original plan and final as-built elevations at all original call-out locations. 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 83938 $17,520.00 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 RUGGLES & BOHM, P.A. ______________________________ (Name & Title) ATTEST: _________________________________ Agenda Item No. 9i City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0649 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Oliver Street Bridge at Gypsum Creek (District III) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The May 22, 2003, the City Council entered into an Agreement with Cook, Flatt & Strobel Engineers, P.A. (CF&S) for designing improvements to the Oliver Street Bridge at Gypsum Creek. The Design Agreement with CF&S requires CF&S to provide construction engineering services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and CF&S provides for construction engineering services for the Oliver Street Bridge. Financial Considerations: Payment to CF&S will be on an hourly basis, with a maximum fee not to exceed $59,555, and will be paid by General Obligation Bonds. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MAY 22, 2003 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND COOK, FLATT & STROBEL ENGINEERS, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated May 22, 2003) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to the OLIVER STREET BRIDGE AT GYPSUM CREEK (Project No. 472 83746, OCA #715694). 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: CONSTRUCTION ENGINEERING (as per the City of Wichita Standard Construction Engineering Practices) OLIVER STREET BRIDGE AT GYPSUM CREEK (Project No. 472 84184, OCA No. 715703) 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 an hourly basis, with a maximum fee not to exceed $59,555.00. D. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005. BY ACTION OF THE CITY COUNCIL __________________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Schofield, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law COOK, FLATT AND STROBEL ENGINEERS, P.A. __________________________________ (Name and Title) ATTEST: _________________________________ Agenda Item No. 9j City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0650 TO: Mayor and City Council Members SUBJECT: Production Color Laser Printer INITIATED BY: IT/IS Department AGENDA: Consent Recommendation: Approve Lease Agreement Background: The City of Wichita Print Shop provides a production quality color printing service for all City departments. The lease for the current color production printer has expired and a new solution is necessary. Analysis: A competitive Request for Proposal (FP500041) for a production color laser printer was issued and 6 responses were received. A staff screening and selection committee reviewed and evaluated the proposals based on the criteria set forth in the Request for Proposal. Additionally, the prints that accompanied each proposal were also evaluated. The product quality and functionality of the proposed printers varied greatly and only two vendors were able to fully meet the requirements of the RFP and provide the level of color print quality needed for Print Shop production. Interviews and product demonstrations were conducted with the two finalists before a decision was reached. The Xerox Corporation's DocuColor 3535 offered the highest quality product at a competitive price. The lease agreement includes on-site maintenance for the term of the lease. The agreement also includes all supplies except for paper and staples. Financial Considerations: The printer lease is within the departmental operating budget and the annual total is not expected to exceed $24,000. Legal Considerations: The Law Department is currently reviewing and will approve the contracts as to form. The duration of the lease agreement is three years. Recommendation/Action: It is recommended that the City Council approve the lease agreement and authorize the necessary signatures. **PDF Attachment Color Laser Printer** Agenda Item No. 10a City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0651 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Shadow Woods Addition (west of 135th West, north of Maple) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system, drainage and paving improvements in Shadow Woods Addition on July 20, 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, drainage and paving in Shadow Woods 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 $42,500, and will be paid by special assessments. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT For PROFESSIONAL SERVICES Between THE CITY OF WICHITA, KANSAS and BAUGHMAN COMPANY, P.A. for SHADOW WOODS ADDITION THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and BAUGHMAN COMPANY, P.A., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; WATER DISTRIBUTION SYSTEM NO. 448 89793 serving Lots 1 through 23, Block A; Lots 1 through 12, Block E, Shadow Woods Addition (west of 135th Street West, north of Maple) (Project No. 448 89793). STORM WATER DRAIN NO. 201 serving Lots 1 through 23, Block A; Lots 31 through 47, Block A; Lots 1 through 12, Block E; Lot 1, Block F, Shadow Woods Addition (west of 135th Street West, north of Maple) (Project No. 468 83598). DECKER and DECKER CIRCLE from the north line of Cavit, north to and including cul-de-sac, and on TEXAS from the east line of Decker, east to the east line of the plat. TEXAS COURT from the north line of Texas, north to and including cul-de-sac. SIDEWALK on one side of Texas and Decker (west of 135th West, north of Maple) (Project No. 472 83723). 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 Shadow Woods 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 89793 $ 7,100.00 Project No. 468 83598 $10,900.00 Project No. 472 83723 $24,500.00 TOTAL $42,500.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, 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 therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ______________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ "EXHIBT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by July 11, 2005. (Project No. 448 89793). b. Plan Development for the storm water improvements by July 18, 2005. (Project No. 468 83598). c. Plan Development for the paving improvements by August 15, 2005. (Project No. 472 83723). Agenda Item No. 10b City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0652 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Prairie Pond Plaza Addition (north of Kellogg, east of 143rd Street East) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the sanitary sewer and drainage improvements in Prairie Pond Plaza Addition on January 4, 2005. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of sanitary sewer and drainage in Prairie Pond Plaza 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 $26,500, and will be paid by special assessments. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and BAUGHMAN COMPANY, P.A. For PRAIRIE POND PLAZA 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; LATERAL 373, FOUR MILE CREEK SEWER serving Lots 1 through 4, Block A; Lots 1 and 2, Block B, Prairie Pond Plaza Addition (north of Kellogg, east of 143rd Street East) (Project No. 468 83940). STORM WATER DRAIN NO. 267 serving Lots 1 through 4, Block A; Lots 1 and 2, Block B, Prairie Pond Plaza Addition (north of Kellogg, east of 143rd Street East) (Project No. 468 84014). 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 Prairie Pond Plaza 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. 468 83940 $ 9,700.00 Project No. 468 84014 $16,800.00 TOTAL $26,500.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, 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 therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ______________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ "EXHIBT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the sewer improvements by August 15, 2005. (Project No. 468 83940). b. Plan Development for the storm water improvements by August 15, 2005. (Project No. 468 84014). Agenda Item No. 10c City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0653 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Copper Gate North and Cheryl's Hollow Additions (north of l3th, west of 135th Street West) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the sanitary sewer improvements in Copper Gate North and Cheryl's Hollow Additions on April 5, 2005. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of sanitary sewer in Copper Gate North and Cheryl's Hollow Additions. 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 $20,800, 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 COPPER GATE NORTH AND CHERYL'S HOLLOW 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 BAUGHMAN COMPANY, P.A., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; LATERAL 3, MAIN 4, NORTHWEST INTERCEPTOR SEWER serving Lots 1 through 19, Block A; Lots 7 through 16, Block D; Lots 7 through 22, Block E; Lots 1 through 22, Block F, Copper Gate North Addition; Lots 7 through 17, Block 2, Cheryl's Hollow Addition (north of 13th, west of 135th Street West) (Project No. 468 83907). 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 Copper Gate North and Cheryl's Hollow Additions 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. 468 83907 $20,800.00 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 therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ______________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ "EXHIBT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the sewer improvements by July 15, 2005. (Project No. 468 83907). Agenda Item No. 11a City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0654 TO: Mayor and City Council Members SUBJECT: Change Order: Kellogg/Rock Interchange Frontage Roads (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On September 28, 2004 the City Council approved a construction contract to build frontage roads east of Rock for the Kellogg/Rock Interchange. During construction of the project, a number of unforeseen items developed that should be addressed as a change order. They relate to providing safe access to businesses adjacent to the work zone and include: wider pavement on Eastern Street, installation of concrete barrier walls, new connections to private drives, and the removal of Heather Street. In addition, two manholes were added to a large sanitary sewer to maintain flow during construction. Analysis: A Change Order has been prepared for the additional work. Funding is available within the project budget. Financial Considerations: The cost of the additional work is $28,404, with the total paid by a combination of local sales tax funds and Federal Grants. The original contract is $2,154,240. This Change Order represents 1.32% of the original contract amount. Legal Considerations: The Law Department has approved the Change Order as to legal form. The Change Order amount is within 25% of the construction contract cost limit set by the City Council policy. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. April 25, 2005 PUBLIC WORKS-ENGINEERING CHANGE ORDER To: Cornejo & Sons, Inc. Project: Kellogg Avenue (US-54) Rock Road Intersection Part 7 Change Order No.: 1 Project No.: 472-84063 Purchase Order No.: 401119 OCA No's.: 702336-P/635655-W/624084-S CHARGE TO OCA NO.: 702336 - $24,657.97 PPN: 401352/764709/654564 635655 - $ 746.00 624084 - $ 3,000.00 Please perform the following extra work at a cost not to exceed $28,403.97 OVERRUN: 15 Plant Mix Bitum. Commercial Grade 1740 mg @ $32.00 = $4,768.00 Total Overrun Items $4,768.00 DELETE: 2 Foundation Stabilization 20 cu m @ $40.00 = ($800.00) 21 Excavatable Flowable fill 1,335.30 m @ $88.00 = ($117,506.40) Total Delete Items ($118,306.40) ADD: 21A Compacted Fill Sand 1335.30 m @ $30.00 = $40,059.00 Extra Work - See Attachment #1 1 LS @ $44,235.00 = $44,235.00 Extra Work - See Attachment #2 1 LS @ $24,394.37 = $24,394.37 Extra Work - See Attachment #3 1 LS @ $33,254.00 = $33,254.00 Total Add Items $141,942.37 Total Adjustment for Change Order #1 $28,403.97 Recommended By: Approved: ______________________ ________ ________________________ _______ Greg Baalman, P.E. Date Jim Armour, P.E. Date Construction Engineer City Engineer Approved: Approved: ______________________ ________ _______________________ ________ Contractor Date Chris Carrier, P.E. Date Director of Public Works Approved: Kelly Carpenter Date Director of Finance May 19, 2005 ATTACHMENTS TO CHANGE ORDER Attachment #1 RFI # Description of work Amount 7A. Provide an 18 feet lane of pavement for northbound Eastern to access westbound Kellogg. $8,784.00 7C. Relocate gate, street light, and concrete wall at 8335 E. Kellogg. $7,084.00 7F. Adjust storm sewer at Sta. 4+931 to clear sanitary sewer conflict. $1,437.00 7G. Add two manholes to maintain sanitary sewer flow during construction. $26,000.00 7H. Re-stripe Kellogg and provide a U-turn sign at Rock Rd. $930.00 TOTAL $44,235.00 Attachment #2 RFI # Description of work Amount 7J. Additional 16' x 8" MJ Waterline Tee. $746.00 7K. Provide reinforcement steel in driveways. $6,948.80 7L. Modification to sanitary sewer manhole at 1b-2. $760.00 7M. Connect streetlights to electrical service. $2,547.00 7O. Install concrete barrier wall. $4,620.00 7P Provide asphalt crossover from north frontage road to westbound Kellogg. $5,975.00 7Q Repair irrigation system at Eastgate Plaza. $2,797.57 TOTAL $24,394.37 Attachment #3 RFI # Description of work Amount 7R. Provide temporary storm sewer at Eastern Street & Kellogg intersection. $4,191.00 7S. Adjust sanitary sewer manhole at Sta. 4+580. $807.00 7T. Abandon 21" sanitary sewer at Sta. 4+580. $1,496.00 7U. Remove Heather Street. $8,465.00 7V. Connect east driveway at Natures Way to the new frontage road. $6,030.00 7W Grading and asphalt work at the old Taco Grande. $1,905.00 7X Provide extra traffic control on project until Easter Street Bridge is constructed. $7,035.00 7Z1 Re-stripe frontage roads. $2,090.00 7Z2 Widen driveway at Wichita Inn. $1,235.00 TOTAL $33,254.00 Agenda Item No. 11b City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0655 TO: Mayor and City Council Members SUBJECT: Change Order: 2005 Sanitary Sewer Rehabilitation Program, Phase A (west of Washington, under the Kellogg Overpass) (District I) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On February 1, 2005, the City Council approved a construction contract to install a pipe liner through a sanitary sewer located west of Washington at Kellogg. After the work began, it was discovered that a tracer wire, installed as part of the Gilbert-Mosley Groundwater Remediation Project, was bored through two sections of the sanitary sewer pipe. As a result, those sections had to be removed and replaced. These repairs will be paid by the Gilbert-Mosley Remediation Fund. In addition, 645 feet of pipe is 10" in diameter, not 8"as listed on old sanitary sewer records, requiring a more expensive pipe liner. Analysis: A Change Order has been prepared for the additional work. Funding is available within the project budget. Financial Considerations: The total cost of the additional work is $12,485 with $1,935 paid by the Sewer Utility and $10,550 paid by the Gilbert-Mosley Remediation Fund. The original contract is $197,574. This Change Order represents 6.3% of the original contract amount. Legal Considerations: The Law Department has approved the Change Order as to legal form. The Change Order amount is within 25% of the construction contract cost limit set by the City Council policy. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. October 26, 2004 PUBLIC WORKS-ENGINEERING CHANGE ORDER To: Dondlinger & Sons Project: Water Main Replacement - Harry, Oliver to Woodlawn Change Order No.: 3 Project No.: 448-89700 Purchase Order No.: 301361 OCA No.: 636116 CHARGE TO OCA No.: 636116 PPN: 772513 Please perform the following extra work at a cost not to exceed $11,950.00 There were originally 60 services estimated to be in need of repair, and 29 more are needed. OVERRUN: Long Water Service (1") - 4 ea @ $550.00/ea = $ 2,200.00 Short Water Service (1") - 25 ea @ $450.00/ea = $11,250.00 UNDERRUN: Long Water Service (2") - 1 ea @ $1,500.00/ea = ($ 1,500.00) Total $11,950.00 Recommended By: Approved: ________________________ ________ ________________________ _______ Lawrence Schaller, P.E. Date Jim Armour, P.E. Date Construction Engineer Acting City Engineer Approved: Approved: ________________________ ________ ________________________ _______ Contractor Date Chris Carrier, P.E. Date Acting Director of Public Works Approved as to Form: By Order of the City Council: ________________________ ________ ________________________ _______ Gary Rebenstorf Date Carlos Mayans Date Director of Law Mayor Attest: ____________________________ City Clerk Agenda Item No. 13 City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0656 TO: Mayor and City Council SUBJECT: Abatement of Dangerous & Unsafe Structures (Districts I, II, III, V & VI) INITIATED BY: Office of Central Inspection AGENDA: Consent Recommendation: Approve the assessments and ordinance. Background: The Office of Central Inspection (OCI) supports neighborhood maintenance and improvement through abatement of public nuisances under Titles 18 and 20 of the City Code. State law and local ordinances allow the City to demolish or secure private property that is in violation of Housing and Building Code standards, after proper notification of the responsible party/parties. A private contractor performs the work, and the Office of Central Inspection bills the cost to the property owner. Analysis: State law and City ordinance allow placement of the demolition and board-up costs as a special property tax assessment if the property owner does not pay. Payment has not been received for the nuisance abatements in question, and OCI is requesting permission for the Department of Finance to process the necessary special assessments. Financial Considerations: Statements of Charges will be mailed to the property owners on July 22, 2005. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The interest added to the principal amount will be determined by the rate at which the July 2005 bonds sell. The principal and interest will then be spread for 1-year and placed on the 2005 tax roll. Legal Considerations: The assessments are in accordance with City Code 18.16.070, 18.16.080 and 18.16.090. Recommendations/Actions: It is recommended that the City Council approve the proposed assessments and place the ordinance on first reading. S-75442 6 Affidavits Published in the Wichita Eagle on July 22, 2005 ORDINANCE NO.________ AN ORDINANCE MAKING A SPECIAL ASSESSMENT TO PAY FOR THE REMOVAL OF CERTAIN STRUCTURES, BEING DANGEROUS AND UNSAFE BUILDINGS WHICH HAVE BEEN DECLARED A NUISANCE (BUILDING CONDEMNATION) UNDER THE PROVISION OF SECTIONS 18.16.010 TO 18.16.090 OF THE CODE OF THE CITY OF WICHITA, KANSAS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. That the sum set opposite the following lots, herein specified, be and the same is hereby levied to pay the cost of removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provisions of Sections 18.16.010 to 18.16.090 of the Code of the City of Wichita, Kansas, located and situated upon the following described property: SECTION 2. The sum so assessed and apportioned against the lots herein before set out and not paid within 30 days from date of notice sent out by the Debt Management Office of the Department of Finance as provided by law, shall be collected by special assessment upon the property liable therefore in one installment and placed upon the tax roll for the year 2005 and shall be certified to the County Clerk and shall be levied and collected in the same manner as other taxes, and the Debt Management Office of the Department of Finance is hereby directed to give written notice to property owner(s) owning property assessed herein, as required by law. SECTION 3. This ordinance shall take effect and be in force from and after its publication once in the official City paper. ADOPTED at Wichita, Kansas, this 19th day of July 2005. ________________________________ Carlos Mayans, Mayor ATTEST: _______________________________ Karen Sublett, City Clerk (SEAL) Approved as to form _______________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 14 City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0657 TO: Mayor and City Council SUBJECT: Purchase Options for 1981 through 1994 Projects (BOEING IRB Asset Trust) INITIATED BY: Law Department AGENDA: Consent Recommendation: Adopt the Resolution approving conveyance to the BOEING IRB Asset Trust of the 1981 through 1994 projects, together with instruments terminating the applicable leases and security interests, and authorize necessary signatures. Background: The City has outstanding twenty-five series of Industrial Revenue Bonds issued between December 1981 and December 14, 2004, to finance facilities for the benefit of The Boeing Company ("Boeing"). Each series was issued as a stand-alone financing for a discrete project, under separate, project-specific Leases (the "Leases"). Bond proceeds for each series were used for the purpose of financing the costs of acquisition, construction, equipping and furnishing of certain industrial facilities (collectively the "Projects") for lease to, and use by, The Boeing Company. On June 16, 2005, Boeing assigned its interest in all of the Leases to BOEING IRB Asset Trust, a Delaware statutory trust ("Tenant"). Under the provisions of the applicable Lease Agreements the Tenant, if not in default, has the option to purchase the facility from the City for a set price ($100 for each project financed prior to 1994, and $1,000 for each project financed thereafter), plus all amounts required to provide for redemption and payment of the principal, interest and premium on all outstanding bonds, together with the Trustee's fees and costs of redemption. The City has received from the Tenant a "Notice of 81-94 Bond Terminations," dated June 16, 2005 notifying the City of the Tenant's intention to exercise its purchase options for the property financed from 1981 through 1994, inclusive, and the firm of Kutak Rock LLP, Tenant's Bond Counsel, has submitted documents for that purpose. The City has received notice from The Bank of New York Trust Company, N.A., indicating that the Bonds issued to finance these projects have been paid according to their terms. Analysis: Under the terms of the applicable Lease Agreements, the City is required to convey the property securing the IRB issue to the Tenant, following the payment of all Bonds and the Tenant's payment of the purchase price and other consideration under the provisions of the Lease Agreements. Financial Considerations: The purchase price is $2,400, and has been paid by the Tenant prior to the submission of this agenda item. Legal Considerations: It is appropriate for the City to quit claim the 1981 through 1994 project property to the Tenant, and to terminate the leases and security interests and take all other actions needed to terminate the City's interest in the property. The City Attorney's Office has approved the form of the attached Resolution and the forms of the Quit Claim Deed and each Termination of Lease to be executed and delivered by the City, and each Release of Lien of Indenture to be approved by the City and delivered to the Tenant by the Trustee. Recommendations/Actions: It is recommended that City Council adopt the Resolution approving the conveyance and termination instruments, and authorize necessary signatures. RESOLUTION NO. ___ OF THE CITY OF WICHITA, KANSAS relating to: Industrial Revenue Bonds (The Boeing Company Projects) RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF WICHITA, KANSAS, APPROVING THE AUTHORIZING THE EXECUTION AND DELIVERY OF A QUITCLAIM DEED AND TERMINATION OF LEASES. WHEREAS, the City of Wichita, Kansas (the "Issuer"), a municipal corporation existing under the laws of the State of Kansas, is authorized by K.S.A. 12?1740 to 12?1749d, inclusive, as amended (the "Act"), to acquire, construct, improve, install, equip and furnish certain facilities (as defined in the Act) for industrial purposes, and to enter into leases and lease?purchase agreements with any person, firm or corporation for said facilities and to issue revenue bonds for the purpose of paying the cost of any such facilities; and WHEREAS, pursuant to the Act, the Issuer has issued in each of the years 1981 to 1994, inclusive, its Industrial Revenue Bonds (The Boeing Company Projects), each of which issues of Industrial Revenue Bonds is listed on Schedule I hereto (collectively, the "Bonds"), all for the purpose of financing the costs of acquisition, construction, equipping and furnishing of certain industrial facilities (collectively the "Projects") on behalf of The Boeing Company (the "Corporation"), a Delaware corporation; and WHEREAS, in connection with the issuance of the Bonds, the Issuer has leased the Projects to the Corporation pursuant to those certain Lease Agreements listed on Schedule II hereto (collectively, the "Leases"), by and between Issuer and the Corporation; and WHEREAS, Article 11 of each Lease provides that the Corporation agrees to purchase, and the Issuer agrees to sell, the related Project for $100.00 or $1,000.00, as the case may be, and any and all sums then due to the Issuer under the related Lease at the expiration or sooner termination of the Lease Term following full payment of the related Bonds; and WHEREAS, Article 11 of each Lease further provides that upon the closing of the purchase of the related Project, the Issuer shall deliver to the Corporation (i) a release from the trustee for the Bonds of the lien of the related bond indenture and (ii) a quitclaim deed and other necessary documents conveying to the Corporation title to such Project as it then exists; and WHEREAS, the Corporation has assigned the Leases to BOEING IRB Asset Trust, a Delaware statutory trust ("Assignee"), as provided by and in accordance with the first section of Article 8 of each Lease, pursuant to that certain Assignment Agreement (Lease Assignment) dated as of June 16, 2005 by and between the Corporation and the Assignee; and WHEREAS, the Issuer finds it necessary to authorize the execution and delivery of (i) a Quitclaim Deed and (ii) Termination of Leases in connection with the exercise by the Assignee of its option to purchase the Projects. NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS: Section 1. Definition of Terms. All terms and phrases not otherwise defined herein shall have the respective meanings set forth in the Leases. Section 2. Authorization of Quitclaim Deed. The Issuer is hereby authorized to execute and deliver its Quitclaim Deed (the "Quitclaim Deed") relating to the Projects financed with the proceeds of the Bonds to the Corporation, upon satisfaction of the conditions contained in the Leases, and in substantially the same form as the quitclaim deed form attached hereto as Exhibit A. Section 3. Authorization of Termination of Leases. The Issuer is hereby authorized to execute and deliver a Termination of Leases with respect to each of the Leases (collectively, the "Lease Termination") by and between the Corporation and the Issuer in substantially the same form as Exhibit B, attached hereto. Section 4. Execution of Documents. The Acting Mayor or Vice Mayor of the Issuer is hereby authorized and directed to execute the Quitclaim Deed and Lease Termination for and on behalf of and as the act and deed of the Issuer in substantially the forms as they are presented today with such minor corrections or amendments thereto as the Acting Mayor or Vice Mayor of the governing body of the Issuer shall approve, which approval shall be evidenced by her execution thereof, and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the purposes and intent of this Resolution. The City Clerk or any Deputy City Clerk of the Issuer are hereby authorized and directed to attest the execution of the Quitclaim Deed and Lease Termination behalf of the Issuer and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution. Section 5. Delivery of Documents. The Quitclaim Deed and Lease Termination shall be delivered by the Acting Mayor, Vice Mayor, City Clerk or other appropriate staff member of the Issuer concurrently upon the satisfaction of the requirements set forth in the Leases. Section 6. Release and Consideration. The Issuer hereby acknowledges receipt from the bond trustee of the Release of Lien of Indentures relating to the Bonds, which Release is hereby authorized to be delivered to the Assignee, and from or on behalf of the Assignee of a corporate check in the amount of $2,400 ($100.00 with respect to each of the Bonds issued in the years 1981 to 1993, inclusive, and $1,000.00 with respect to the Bonds issued in the year 1994) in consideration of the purchase price of the Projects, all in accordance with Article 11 of each Lease. Section 7. Further Authority. The Issuer shall, and the officers, agents and employees of the Issuer are hereby authorized and directed to, take such action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the provisions of this Resolution and to carry out, comply with and perform the duties of this Issuer with respect to the Quitclaim Deed and the Lease Termination, all as necessary to carry out and give effect to the transaction contemplated hereby and thereby. Section 8. Effective Date. This Resolution shall take effect and be in full force from and after its adoption by the governing body of the Issuer. PASSED, ADOPTED AND APPROVED by the governing body of the City of Wichita, Kansas this _____ day of ______, 2005. [SEAL] CITY OF WICHITA, KANSAS Attest: By By Sue Schlapp, Vice Mayor Karen Sublett, City Clerk APPROVED AS TO FORM: By Gary E. Rebenstorf, City Attorney SCHEDULE I BONDS City of Wichita, KansasIndustrial Revenue Bonds(The Boeing Company Project) Series XIX, 1981 Series XXIII, 1982 Series X, 1983 Series XI, 1983 Series VII, 1984 Series XVII, 1985 Series VIII, 1986 Series X, 1987 Series VII, 1988 Series II, 1989 Series VIII, 1990 Series IX, 1991 Series IX, 1992 Series VI, 1993 Series XIV, 1994 SCHEDULE II LEASE AGREEMENTS Lease Agreement between City of Wichita, as Lessor, and The Boeing Company, as Lessee, Dated: December 1, 1981 December 1, 1982 December 1, 1983 December 1, 1983 December 1, 1984 December 1, 1985 December 1, 1986 December 1, 1987 December 1, 1988 December 1, 1989 December 1, 1990 December 1, 1991 December 1, 1992 December 1, 1993 December 1, 1994 Agenda Item No. 15 City of Wichita City Council Meeting July 12, 2005 Agenda Report No. 05-0658 TO: Mayor and City Council SUBJECT: Repeal of Chapter 7.70 (Spa Pools) INITIATED BY: Environmental Services AGENDA: Consent Recommendation: Approve the ordinance repealing Chapter 7.70 of the City Code Background: On May 3, 2005, the City Council approved updated consolidated standards (Chapter 7.72) for swimming pools, spa pools, and other recreational water features. The new code incorporated standards for spa pools, which were previously regulated by a separate chapter (7.70) in the code. The ordinance implementing the new Chapter 7.72 did not repeal the previously used chapter. Analysis: Standards in Chapter 7.70 are outdated, and the chapter is no longer needed. Standards for spa pools are now included in the new combined code. Financial Considerations: None. Legal Considerations: The ordinance repealing Chapter 7.70, the previously used standards, has been drafted by the Law Department. Recommendations/Actions: Place the ordinan