OCTOBER 18, 2005 AGENDA REPORTS REVISED: --Agenda Item #19 - Capital Improvement Program Planned Savings Projects. (All Districts) --Agenda Item # 32 - Public Hearing on Proposed Assessments for Thirty-eight (38) Water Projects,Thirty-seven (37) Sewer Projects, and Seventeen (17) Storm Sewer Projects in February 2006 Bond Sale Series 784. (All Districts) --Agenda Item #33 -Public Hearing on Proposed Assessments for Forty (40) Paving Projects in February 2006 Bond Sales Series 784. (All Districts) Agenda Item No. 6a. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0906 TO: Mayor and City Council Members SUBJECT: Petition to Renovate Building Facade for Old Town Courtyard by Marriott (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petition. Background: On March 20, 2001, the City Council approved a Facade Improvement Program designed to provide low-cost loans to enhance the visual aesthetics in the downtown area and provide an incentive for businesses to improve their property. Low interest, fifteen-year loans are provided owners of buildings with frontage on Douglas Avenue, between Seneca and Washington. Up to two facades per building can be improved with 25% of the cost up to $30,000 in the form of a forgivable loan. On May 3, 2005, the City Council waived certain requirements so that the Courtyard by Marriott Hotel in Old Town is eligible for the program. The hotel developer has submitted the required Petition. The signature on the Petition represents 100% of the improvement district. Analysis: The facade project will be one component of a building project that will renovate and enlarge the Printing Inc warehouse on the north side of 2nd Street, west of Washington into a new hotel building. Financial Considerations: The estimated facade project cost is $600,000, with $570,000 paid by special assessments and $30,000 by a forgivable loan. Legal Considerations: State Statutes provide the City Council authority to use Special Assessment funding for the project. Approval of the Petition does not relieve the owner of requirements to obtain all necessary permits and reviews by applicable City Boards. Recommendation/Action: It is recommended that the City Council approve the Petition, adopt the Resolution, approve the Facade Easement and authorize the necessary signatures. Agenda Item No. 6b. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0907 TO: Mayor and City Council Members SUBJECT: Petitions for Street Paving, Sanitary Sewer, and Water Distribution System to serve Fawn Grove at Sunset Lakes Addition (south of Kellogg, west of Greenwich) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petitions. Background: The Petitions have been signed by one owner, representing 100% of the improvement districts. Analysis: These projects will provide paving, sanitary sewer, and water service to a new residential development located south of Kellogg, west of Greenwich. Financial Considerations: The Petitions total $468,000. 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 the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petitions, adopt the Resolutions and authorize necessary signatures. Agenda Item No. 6c. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0908 TO: Mayor and City Council Members SUBJECT: Petitions for Street Paving, Sanitary Sewer, Drainage and Water Distribution System to serve Equestrian Estates Addition (south of Harry, east of 127th St. East) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petitions. Background: The Petitions have been signed by one owner, representing 100% of the improvement districts. Analysis: These projects will provide paving, sanitary sewer, drainage and water service to a new residential development located south of Harry, east of 127th St. East. Financial Considerations: The Petitions total $1,105,000. 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 the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petitions, adopt the Resolutions and authorize the necessary signatures. Agenda Item No. 6d. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0909 TO: Mayor and City Council Members SUBJECT: Petitions to construct Sanitary Sewer Improvements in Meadowland Addition (north of Kellogg, east of 127th St. East) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the new Petitions. Background: On March 19, 2002, the City Council approved a Petition to construct a sanitary sewer to serve Meadowland Addition. The developer has submitted new Petitions that split the original project into two phases to accommodate the development in the area. The signature on the new Petitions represents 100% of the improvement districts. Analysis: The projects will serve a new commercial development located north of Kellogg, east of 127th St. East. Financial Considerations: The project budgets total $174,000 with the total paid by special assessments. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the new Petitions, adopt the Resolutions and authorize the necessary signatures. Agenda Item # 10a. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0910 TO: Mayor and City Council SUBJECT: Art Consultant/Broker Services Agreement- WaterWalk Redevelopment (District I) INITIATED BY: Finance Department AGENDA: Consent ______________________________________________________________________________ Recommendation: Approve the contract. Background: On October 12, 2004, the City Council approved an amendment to the Development Agreement between the City and WaterWalk LLC for the destination retailer improvements (Gander Mountain). In addition, the City Council increased the Public Improvements budget by $1 million dollars to enhance the public art component. On August 10, 2005, the City issued a competitive Request for Proposals (RFP) for a art consultant to provide planning and evaluation services, design services, and project management services for all of the public art elements to be installed by the City in the WaterWalk project. On October 4, 2005 a Staff Screening and Selection Committee unanimously approved the proposal submitted by the Greteman Group. Analysis: The balance of the Public Improvements for the WaterWalk project will be designed in the near future. To ensure the public art component is integrated with the design of the Public Improvements and the Design Council reviews the public art as needed, a contract has been drafted with the Greteman Group, Inc. to provide art consultant and brokerage services for the design and installation of the public art components. The Greteman Group. Inc. will provide the Planning and Evaluation, Design Services and Project Management for the public art. This includes, but is not limited to: § Provide creative concepts for WaterWalk Public Art Program and identify potential art opportunities and locations. § Secure artists and provide information to the various artists on scale, theme, location, color palette, timelines and all details and criteria associated with the Public Art program. § Provide Public Art designs to the City for review and approval. § Provide estimated operating costs for each art element proposed to be created/installed. § Provide project management throughout the project coordinating the artists with the City architects and City staff. City staff will coordinate with the Developer. § Present Public Art program to various boards, committees, Task Teams and City staff on an "as needed" basis. Page Two § Manage the timelines and schedules relative to the Public Art program. § Negotiate contracts with the artists. § Review artists concepts, shop drawings, sample materials to maintain consistency throughout the project. § Assemble cohesive presentation boards to include all art elements. § Inspect the artists' work. § Supervise details and quality of each Public Art element. § Manage the Public Art budget. Financial Considerations: The contract amount is a not to exceed fee of $50,000. Funds are available in the WaterWalk budget to pay these expenses. Legal Considerations: The City Attorney has reviewed the agreement and approved it as to form. Recommendations/Actions: It is recommended the City Council approve the Art Consultant/Broker Services Agreement and authorize the Mayor to sign. Agenda Item No. 10b. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0911 TO: Mayor and City Council SUBJECT: Cheney Watershed Demonstration Projects - Working Agreement INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the Working Agreement with the Reno County Conservation District and the Citizen's Management Committee Background: Cheney Reservoir is a major water supply source for Wichita, currently providing approximately 60 percent of the City's water. On August 24, 1993, City Council approved the concept of the City assuming part of the cost-share necessary to allow landowners to implement Best Management Practices in the watershed above the reservoir that would improve water quality and extend the life of the reservoir. Analysis: Cheney Reservoir has two significant pollution problems: sedimentation and phosphates. Sediment washes into the reservoir from soil erosion displacing stored water, and is a major factor in determining the useful life of the reservoir. High phosphate levels can lead to an increase in microscopic plant activity in a lake, which increases taste and odor problems. A management plan has been approved for the watershed that identifies Best Management Practices (BMP) that will help reduce the pollution entering the reservoir. The Reno County Conservation District and the Citizens' Management Committee are responsible for implementing the recommendations in the plan. The proposed Working Agreement promotes the use of BMP and establishes procedures for payments to producers who implement these practices. It addresses funding the construction of various demonstration projects, including terraces, grassed waterways, range and pasture seeding, riparian filter strips and concrete drainage structures. There are incentives to use alternate management techniques (nutrient management, conservation tillage, crop rotation, brush control, and planned grazing systems) and incentives to convert land coming out of the Conservation Reserve Program to rangeland by installing water systems, fencing and filter strips. This Agreement also includes an incentive program for small community wastewater treatment plants to make voluntary improvements that improve the quality of their discharge. Financial Considerations: All of the practices are voluntary, and allocated funds may not be fully utilized in the fiscal year. Most of the practices that this Working Agreement is promoting are also eligible for funding from an EPA 319 Grant that provides up to 60 percent of the cost of a BMP project. The City will match the 40 percent that it not covered by federal funds. Other entities offering cost-share programs include the Kansas Alliance for Wetlands and Streams, the Kansas Water Office and the Kansas Rural Center. These entities have programs that offer 60-70 percent funding for BMP projects; however, the installation of fences around sites that were previously enrolled in the Conservation Reserve Program is not currently eligible for funding from any other programs. The fencing projects will be eligible for 50 percent funding from the City of Wichita, with the remaining 50 percent being paid by the landowner. The incentive payment for small municipalities is limited to a one-time payment of $2,500 per community to match other funding sources. CIP W-500, Cheney Watershed Protection Plan, has allocated $200,000 in 2006 for this effort. The maximum amount that the City could spend in FY 2006 for the City's share of the costs for all of the practices in this Working Agreement would not exceed $75,600. Legal Considerations: The Working Agreement has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the Working Agreement with the Reno County Conservation District and Citizen's Management Committee, and authorize the necessary signatures. Agenda Item No. 10c. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0912 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Staking in Shadow Woods Addition (west of 135th Street West, north of Maple) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the storm water drainage improvements in Shadow Woods Addition on July 20, 2004. On July 12, 2005 the City approved an Agreement with Baughman Company, P.A. to design the improvements. The Design Agreement with Baughman requires Baughman to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and Baughman provides for staking the improvements. Due to the current workload created by previous projects, City crews are not available to perform the staking for this project. Financial Considerations: Payment to Baughman will be on a lump sum basis of $8,110 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 JULY 12, 2005 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND BAUGHMAN COMPANY, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated July 12, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in SHADOW WOODS (west of 135th Street West, north of Maple). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING AND AS-BUILT (as per the City of Wichita Standard Construction Engineering Practices) 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, OCA No. 751400) 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: Project No. 468 83598 $8,110.00 C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005. BY ACTION OF THE CITY COUNCIL ______________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ______________________________ (Name & Title) ATTEST: Agenda Item No. 10d. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0913 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Staking in Krug North, Krug North 2nd and Hawthorne 3rd Additions (north of 21st, west of 143rd Street East) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the storm water drainage improvements in Krug North, Krug North 2nd and Hawthhorne 3rd Additions on April 13, 2004. On September 13, 2005 the City approved an Agreement with Baughman Company, P.A. to design the improvements. The Design Agreement with Baughman requires Baughman to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and Baughman provides for staking the improvements. Due to the current workload created by previous projects, City crews are not available to perform the staking for this project. Financial Considerations: Payment to Baughman will be on a lump sum basis of $12,850 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 SEPTEMBER 13, 2005 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND BAUGHMAN COMPANY, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated September 13, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in KRUG NORTH, KRUG NORTH 2ND AND HAWTHORNE 3RD ADDITIONS (north of 21st, west of 143rd Street East). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING AND AS-BUILT (as per the City of Wichita Standard Construction Engineering Practices) STORM WATER DRAIN NO. 228 serving Lots 1 through 28, Block A; Lots 34 through 37, Block A; Lots 1 through 7, Block C; Lots 14 through 25, Block C; Lots 28 through 48, Block C; Lots 1 through 18, Block D; Lots 1 through 20, Block E, Krug North 2nd Addition (north of 21st, west of 143rd Street East) (Project No. 468 83793). 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: Project No. 468 83793 $12,850.00 C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005. BY ACTION OF THE CITY COUNCIL ______________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ______________________________ (Name & Title) ATTEST: Agenda Item No. 10e. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0914 TO: Mayor and City Council Members SUBJECT: Project Access Contract Renewal INITIATED BY: City Manager's Office AGENDA: Consent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Recommendation: Approve contract renewal and authorize necessary signatures. Background: Since 1999, the City in partnership with the Sedgwick County Medical Society, United Way, and the County, has participated in Project Access, which is a program that provides medical services for the uninsured. This innovative program involves a community partnership that links physicians, social service agencies, hospitals, clinics, and area pharmacies to address the needs of uninsured low-income residents. The current contract between the City and the Central Plains Regional Health Care Foundation, Inc. (the non-profit organization responsible for Project Access) is to provide funds for prescription services. This contract expired on August 31, 2005 but has two available options to renew for successive one-year periods. A recommendation to renew the contract for a one-year period that runs through August 31, 2006 is being brought before the City Council. Analysis: The City, Sedgwick County, and United Way have supported Project Access, and have financially participated in the program since it became operative. Project Access is a vital part of a network that serves uninsured Sedgwick County individuals, which are estimated to constitute a local uninsured base of 55,000 persons, representing approximately 13 percent of the area population. Each year of operation there has been an increasing demand for Project Access services. From September 1999 through August 2005, 6,147 individuals were enrolled into the program and have received donated medical care and services. This program has been a model of public and private sector collaboration. The City and County program contributions, which provide for prescription services, are matched by participation of the local medical community. Prescriptions purchased from the program's inception through August 2005 total $2,468,382 with 114,274 prescription claims filed. Currently 547 physicians and eight local hospitals are committed to donate services through Project Access. The value of this contributed care through August 2005 is $12,749,861 in total donated physician services and $30,860,758 in total donated hospital services, not including additional labs, ambulatory surgery centers, and other ancillary services. Other participating providers include 78 pharmacies that fill prescriptions at 15% below average wholesale price and do not receive payment for filling these prescriptions. Also, 78 pharmaceutical companies have donated $1,036,488 in prescription medicines. Measures of the program's success include high satisfaction ratings for patients and participating physicians, the development of collaborative partnerships, successful replication of the program in other locales, and the number of persons receiving needed medical services. Financial Considerations: The contract renewal total is $300,000, the same amount provided for the 2004/05 contract period. The City will use federal Community Services Block Grant (CSBG) funds, received to serve low-income persons, to pay the contract costs. The contract renewal will not obligate general fund monies. Legal Considerations: The Department of Law has approved the contract renewal as to form. Recommendation/Action: Approve renewal of the Project Access Contract and authorize the necessary signatures. Agenda Item No. 11a. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0916 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Northridge Plaza Addition (north of 37th Street North, west of Ridge) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system and sanitary sewer improvements in Northridge Plaza Addition on May 21, 2002. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water and sanitary sewer in Northridge 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 $29,400, and will be paid by special assessments. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and BAUGHMAN COMPANY, P.A. for NORTHRIDGE 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; WATER DISTRIBUTION SYSTEM NO. 448 89696 serving Lots 1 through 11, Block A, Northridge Plaza Addition (north of 37th Street North, west of Ridge) (Project No. 448 89696). LATERAL 5, MAIN 19, SOUTHWEST INTERCEPTOR SEWER serving Lots 1 through 11, Block A, Northridge Addition (north of 37th Street North, west of Ridge) (Project No. 468 83451). 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 Northridge 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 $5,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 448 89696 $13,000.00 Project No. 468 83451 $16,400.00 TOTAL $29,400.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons 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: ____________________________________________ "EXHIBIT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by November 7, 2005. (Project No. 448 89696). b. Plan Development for the sewer improvements by November 7, 2005. (Project No. 468 83451). Agenda Item No. 11b. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0917 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Tyler's Landing 3rd Addition (south of 37th Street North, east of Tyler) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system, sanitary sewer and paving improvements in Tyler's Landing 3rd Addition on August 16, 2005. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water, sanitary sewer and paving in Tyler's Landing 3rd 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 $77,000, and will be paid by special assessments. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and BAUGHMAN COMPANY, P.A. for TYLER'S LANDING 3RD 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 90103 serving Lots 14 through 60, Block A; Lots 15 through 44, Block D, Tyler's Landing 3rd Addition (south of 37th Street North, east of Tyler) (Project No. 448 90103). LATERAL 24, MAIN 19, SOUTHWEST INTERCEPTOR SEWER serving Lots 12 through 60, Block A; Lots 9 through 44, Block D, Tyler's Landing 3rd Addition (south of 37th Street North, east of Tyler) (Project No. 468 84063). CONREY from the west line of Lot 14, Block A, east to the east line of Forest Ridge; FOREST RIDGE from the north line of Conrey, south and east to the east line of Lake Ridge; LAKE RIDGE from the south line of Forest Ridge, south to the south line of the plat; LAKE RIDGE COURT from the east line of Lake Ridge, east to and including the cul-de-sac; FOREST RIDGE COURT (Lots 20 through 29, Block A), from the east line of Forest Ridge, east to and including the cul-de-sac; FOREST RIDGE COURT (Lots 30 through 45, Block A), from the east line of Forest Ridge, east to and including the cul-de-sac; CONREY COURT from the south line of Conrey, south to and including the cul-de-sac and that sidewalk be constructed on Conrey, Forest Ridge and Lake Ridge (south of 37th Street North, east of Tyler) (Project No. 472 84262). 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 Tyler's Landing 3rd 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 $5,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 448 90103 $10,400.00 Project No. 468 84063 $26,800.00 Project No. 472 84262 $39,800.00 TOTAL $77,000.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons 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: ____________________________________________ "EXHIBIT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by October 24, 2005. (Project No. 448 90103). b. Plan Development for the sewer improvements by October 24, 2005. (Project No. 468 84063). c. Plan Development for the paving improvements by November 28, 2005. (Project No. 472 84262. Agenda Item No. 12a. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0918 TO: Mayor and City Council Members SUBJECT: Change Order: Water Supply Line along 135th St. West, between 21st and 29th (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On June 14, 2005, the City Council approved a construction contract with Dondlinger and Sons, Inc. to build a water supply line along 135th St. West, between 21st and 29th Street North. It has since been determined that, due to the pipe size and pressure in the line, a pipe joint restraint system is needed to prevent future pipeline blowouts. 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 $16,753 with the total paid by the Water Utility. The original contract amount is $1,318,959. This Change Order plus previous Change Orders represents 2.26% of the original contract amount. Legal Considerations: The Law Department has approved the Change Order as to legal form. The Change Order amount is within the 25% of construction contract cost limit set by City Council policy. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. 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. 12b. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0919 TO: Mayor and City Council Members SUBJECT: Interactive Water Features at Fairmount and Osage Parks (Districts I & IV) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On December 16, 2003, the City Council approved the installation of Interactive Water Features at Fairmount and Osage Parks. On July 20, 2004 City Council approved the design-build team of Key Construction and Spangenburg Phillips for the project. Analysis: Throughout the design process special attention was given to get the most out of the water features in the park both in quality and size. The project budget of $400,000 for each park, $800,000 total, was allotted for water features and construction of the parks. It was determined late in the design phase that the cost of the water features proposed for the project was going to be more than anticipated in the original project design. Rather than take away from the water feature's size and number of play features, Park and Recreation recommended the use of funds from remaining 2004 CIP funds approved for Park improvement to pay for the extra expense of the amenities at each park. This solution allowed the City of Wichita to keep the fun value of the park at a high level, as well as provide the shade structures, benches and trash receptacles. The Change Order includes the construction of three (3) shade structures, thirteen (13) benches and four (4) trash receptacles at $35,000, or 4.4% of the original contract. Financial Considerations: Funding for the Change Order is from the 2004 Park Improvement CIP (OCA #785042). Legal Considerations: The Law Department has approved the Change Order as to form. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. October 14, 2005 PUBLIC WORKS-BUILDINGS DIVISION CHANGE ORDER To: Key Construction Project: Water Park Fountains Osage 741 W 2nd & Fairmount Parks Wichita, KS 67203 Change Order No.: One (1) Project No.: N/A Purchase Order No.: 401120 OCA No.: 785040 CHARGE TO OCA No.: 785042 PPN: 435376 Please perform the following extra work at a cost not to exceed $35,000.00 Provide labor, materials and equipment to construct three (3) shade structures on the above project per drawings and proposal dated 5/2/05, option #7. Provide labor, materials, and equipment to provide and install 13 metal benches and 3 waste receptacles per City of Wichita specifications. Recommended By: Approved: ______________________ ________ ________________________ _______ Jeff Myers Date Ed Martin Date Construction Superintendent Building Services Director Approved: Agreed/Approved: ______________________ ________ ________________________ ________ Larry Foos Date Chris Carrier, P.E. Date Park and Recreation Superintendent Director of Public Works Agreed/Approved: Approved: ______________________ ________ ________________________ ________ Chris Beasley Date Carlos Mayans Date Key Construction Mayor Approved As To Form: Attest: ______________________ ________ ________________________ Gary Rebenstorf Date Karen Sublett Director of Law City Clerk Agenda Item No. 13a. CITY OF WICHITA City Council Meeting October 18, 2005 Agenda Report No. 05-0920 TO: Mayor and City Council Members SUBJECT: Acquisition of Land in the 1400 Block of North Broadway along the Abandoned Union Pacific Rail Corridor for the Midtown Greenway (District VI) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition. Background: In 1999, the Union Pacific Railroad abandoned the rail corridor that runs from Central Avenue and Wichita Street to 15th Street and Broadway. With this abandonment, rights to the corridor reverted to the adjacent property owners on both sides. The City has reviewed the former corridor and decided that it could be developed as a greenway/lineal park connecting Horace Mann, Irving and Park Schools and the bicycle path on Central. In April 2002, the City Council approved $74,000 in CDBG funding to acquire portions of the abandoned Union Pacific corridor from Central to 15th Street. Analysis: At 15th and North Broadway, one owner has two commercial zoned parcels. While neither is buildable as is, both become developable with the inclusion of the adjacent corridor. The first parcel is at the southwest corner of 15th Street and Broadway. With the inclusion of the rail corridor, it has about 8,565 square feet. The second parcel is an interior parcel that has access to Broadway via the inclusion of the rail corridor. This parcel, with the rail corridor, has about 19,700 square feet. Commercial land of developable size and clear title in this area has a market value of $1.50-to-$3.00 per square foot. Due to the odd shape of the parcels and the difficulty in perfecting title to the rail corridor, the owner has agreed to sell the parcels and interest in the adjacent corridor for $30,000 or $1.05 per square foot. Financial Considerations: A budget of $30,700 is requested for the acquisition. This includes $30,000 for the acquisition and $700 for closing costs and title insurance. The funding source is previously approved CDBG funds. Legal Considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that the City Council 1) Approve the budget, 2) Approve the real estate purchase contract and 3) Authorize necessary signatures. Agenda Item No. 13b. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0921 TO: Mayor and City Council Members SUBJECT: Acquisition of Sanitary Sewer Easements for Main 6, Cowskin Interceptor Sewer (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the acquisition. Background: The City Council adopted a Resolution on May 18, 2004 declaring it necessary to provide main sanitary sewer to a developing residential corridor roughly bounded by Kellogg, 119th Street West, Pawnee and 135th Street West. Fulfillment of this Resolution requires easements on tracts located north of Kellogg and approximately one-half mile west of 119 th Street. Three of the five easements required for the project have been obtained; an agreement for the remaining two easements has been reached with the property owner. Analysis: A negotiated settlement of $5,000 has been accepted by the property owner in exchange for sanitary sewer easements totaling 19,640 square feet. Financial Considerations: A budget of $5,000 is requested. The funding source will be the Main 6, Cowskin Interceptor Sewer Project. Legal Considerations: The Law Department has approved the Sanitary Sewer easements as to form. Recommendation/Action: It is recommended that the City Council approve the budget and the easements; authorize all necessary signatures. Agenda Item # 14 City of Wichita City Council Meeting October 18, 2005 Agenda Report # 05-0922 TO: Mayor and City Council Members SUBJECT: Repair or Removal of Dangerous & Unsafe Structures Council Districts I and III INITIATED BY: Office of Central Inspection AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendations: Adopt the resolutions. Background: On October 3, 2005 the Board of Code Standards and Appeals (BCSA) held a hearing on the following four (4) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Analysis: Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre-condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove these properties. Property Address Council District a. 1227 North Poplar I b. 1823 South Waco III c. 417 West Funston III d. 1802 South Broadway III Legal Considerations: These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation consideration. Recommendations/Actions: Adopt the attached resolutions to schedule a hearing and place these matters on the agenda for a Hearing before the Governing Body on December 13, 2005 at 9:30 a.m. or as soon thereafter. OCA: 230200 _______________PUBLISHED IN THE WICHITA EAGLE ON_______________ RESOLUTION NO. ______ A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: THE EAST HALF OF LOTS 1 AND 2, SUPPLEMENTAL PLAT OF ROSENTHAL'S 5TH ADDITION TO THE CITY OF WICHITA, SEDGWICK COUNTY, KANSAS KNOWN AS 417 W. FUNSTON MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE. WHEREAS, the enforcing officer of the City of Wichita, Kansas, did on the 18th day of October, 2005, file with the governing body of said city, a statement in writing that certain structure(s), hereinafter described, is unsafe or dangerous. NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita. That a hearing will be held on the 13th day of December, 2005, before the governing body of the city at 9:30 A.M., or thereafter in the council room, City Building at which time the owner, his agent, any lienholders of record or any occupant of property, legally described as the East half of Lots 1 and 2, Supplemental Plat of Rosenthal's 5th Addition to the City of Wichita, Sedgwick County, Kansas, known as: 417 W. Funston, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one-story frame dwelling about 25 x 30 feet in size. Vacant, this structure has rotted and missing siding; broken and missing siding shingles; badly deteriorated roof with missing shingles and exposed decking; badly deteriorated front wood porch; rotted and missing wood trim; and the 8 x 8 foot accessory shed is deteriorated. Be it further resolved that the City Clerk shall cause this Resolution to be published and shall give notice of the aforesaid hearing in the manner provided by K.S.A. 12-1752. Adopted this 18th day of October, 2005. __________________________________ Carlos Mayans, Mayor (SEAL) ATTEST:_______________________ Karen Sublett, City Clerk OCA: 230200 _______________PUBLISHED IN THE WICHITA EAGLE ON_______________ RESOLUTION NO. ______ A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOTS 118 AND 120, ON WACO AVENUE, ENGLISH'S 8TH ADDITION TO THE CITY OF WICHITA, SEDGWICK COUNTY, KANSAS KNOWN AS 1823 S. WACO MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE. WHEREAS, the enforcing officer of the City of Wichita, Kansas, did on the 18th day of October, 2005, file with the governing body of said city, a statement in writing that certain structure(s), hereinafter described, is unsafe or dangerous. NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita. That a hearing will be held on the 13th day of December, 2005, before the governing body of the city at 9:30 A.M., or thereafter in the council room, City Building at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at Lots 118 and 120, on Waco Avenue, English's 8th Addition to the City of Wichita, Sedgwick County, Kansas, known as: 1823 S. Waco, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one-story frame dwelling about 26 x 40 feet in size. Vacant and open, this structure has a deteriorated concrete foundation with 12 foot section missing; broken and missing siding shingles; deteriorated roof; deteriorated wood front porch; and the 21 x 26 foot accessory garage is deteriorated. Be it further resolved that the City Clerk shall cause this Resolution to be published and shall give notice of the aforesaid hearing in the manner provided by K.S.A. 12-1752. Adopted this 18th day of October, 2005. __________________________________ Carlos Mayans, Mayor (SEAL) ATTEST:_______________________ Karen Sublett, City Clerk OCA: 230200 _______________PUBLISHED IN THE WICHITA EAGLE ON_______________ RESOLUTION NO. ______ A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOTS 2 AND 4, ON LAWRENCE AVENUE, SOUTH LAWRENCE AVENUE ADDITION TO THE CITY OF WICHITA, SEDGWICK COUNTY, KANSAS KNOWN AS 1802 S. BROADWAY MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE. WHEREAS, the enforcing officer of the City of Wichita, Kansas, did on the 18th day of October, 2005, file with the governing body of said city, a statement in writing that certain structure(s), hereinafter described, is unsafe or dangerous. NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita. That a hearing will be held on the 13th day of December, 2005, before the governing body of the city at 9:30 A.M., or thereafter in the council room, City Building at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at Lots 2 and 4, on Lawrence Avenue, South Lawrence Avenue Addition to the City of Wichita, Sedgwick County, Kansas, known as: 1802 S. Broadway, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one and one-half story frame dwelling about 51 x 81 feet in size. Vacant and open, this structure has been badly damaged by fire. It has rotted and fire-damaged wood siding; exposed framing members; deteriorated wood front porch; deteriorated roof; fire-damaged wood trim; and the 10 x 12 foot accessory shed is deteriorated. Be it further resolved that the City Clerk shall cause this Resolution to be published and shall give notice of the aforesaid hearing in the manner provided by K.S.A. 12-1752. Adopted this 18th day of October, 2005. __________________________________ Carlos Mayans, Mayor (SEAL) ATTEST:_______________________ Karen Sublett, City Clerk _______________PUBLISHED IN THE WICHITA EAGLE ON_______________ RESOLUTION NO. ______ A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOTS 73 AND 75, ON MONA, NOW POPLAR STREET, FAIRMOUNT PARK ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS KNOWN AS 1227 N POPLAR MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE. WHEREAS, the enforcing officer of the City of Wichita, Kansas, did on the 18th day of October, 2005, file with the governing body of said city, a statement in writing that certain structure(s), hereinafter described, is unsafe or dangerous. NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita. That a hearing will be held on the 13th day of December, 2005, before the governing body of the city at 9:30 A.M., or thereafter in the council room, City Building at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at Lots 73 and 75, on Mona, now Poplar Street, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as: 1227 N Poplar, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is A one-story frame dwelling about 30 x 45 feet in size. Vacant and open, this structure has deteriorated, rotted and missing wood siding; exposed wall sheathing; badly deteriorated roof with missing shingles and exposed decking; missing wood trim; and the 9 x 10 foot accessory shed is dilapidated. Be it further resolved that the City Clerk shall cause this Resolution to be published and shall give notice of the aforesaid hearing in the manner provided by K.S.A. 12-1752. Adopted this 18th day of October, 2005. __________________________________ Carlos Mayans, Mayor (SEAL) ATTEST:_______________________ Karen Sublett, City Clerk Agenda Item # 15 City of Wichita City Council Meeting October 18, 2005 Agenda Report # 05-0923 TO: Mayor and City Council SUBJECT: Resolution Authorizing Section 3037 Access to Jobs Grant from Federal Transportation Administration (FTA) INITIATED BY: Wichita Transit AGENDA: Consent Agenda Recommendation: Approve Resolution authorizing filing of grant application. Background: The Federal Transportation Administration (FTA) grant application process requires a resolution by the governing body authorizing staff to file grant applications to receive funds and administer the grant's program. The purpose of this Resolution is to authorize staff to file for eligible federal funds for the support of the City's Access to Jobs transit services for 2005-2006 and transit operation. The authorized total federal apportionment for FY 2005 is $396,473. A public hearing was held on September 29, 2005, and there was no opposition to the grant. Section 3037 is a 50% federal 50% local match program. Analysis: The proposed Resolution authorizes funding to support the purchase of rides for low- income clients under a brokerage system, utilizing other transportation providers within Wichita. We provide service for clients of Social and Rehabilitation Services, and non-profit organizations including Starkey, KETCH, Envision, Res-Care, Breakthrough Club, the Mental Health Association and Cerebral Palsy Research Foundation. Financial Considerations: The total budget for the grant is $792,946 where 50% federal share is $396,473 and local City match is $90,709 all in-kind service; while numerous agencies, and non-profits, make-up the remaining $305,764 local match. Services will only be provided to the extent that a local match has been negotiated. Legal Consideration: The City's Law Department has reviewed and approved the Resolution as to form. Recommendations/Actions: It is recommended that the City Council approve the Resolution and authorize the necessary signatures. RESOLUTION No. ______________ A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATE OF AMERICA, FOR A GRANT UNDER SECTION 3037 OF THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA-21) TO SUPPORT LOCAL 2005/2006 JOB ACCESS AND REVERSE COMMUTE PROGRAM WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of the project cost in the program; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that disadvantaged business enterprises be utilized to the fullest extent possible in connection with this/these project(s), and that definite procedures shall be established and administered to ensure that disadvantaged business shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; and WHEREAS, the applicant desires financial assistance for the following projects: provide transportation services in urban, suburban and rural areas to assist welfare recipients and low income individuals access to employment opportunities; thereby creating a better cooperative effort among the transportation providers, human services agencies, employers and affected communities and individuals. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The City Manager is authorized to execute and file an application on behalf of the City of Wichita, Kansas, with the United States Department of Transportation, to aid in the financing of the local 2005/2006 Job Access and Reverse Commute Program (it is anticipated that these funds will support the program through 2006 at the current usage level) including: to implement new transportation services, or extend existing services, to fill the gaps that exist in many areas between where welfare recipients and low income persons live and employment opportunities; and, to transport the general public from urban, suburban, and rural areas to suburban employment opportunities. SECTION 2. The City Manager is authorized to execute and file with such application an assurance or any other document required by the United States Department of Transportation effectuating the purposes of Title VI of the Civil rights Act of 1964; and Americans with Disabilities Act of 1991, 49 C.F.R. Parts 27, 38 and 39. SECTION 3. The City Manager is authorized to furnish such additional information as the United States Department of Transportation may require in connection with the application for the program of project and budget. SECTION 4 The City Manager is authorized to set forth and execute affirmative disadvantaged business policies in connection with the program of projects and budget procurement needs. SECTION 5. The City Manager is authorized to execute grant agreements, file grant revisions and amendments necessary to administer the Program of Project on behalf of the City of Wichita with the United States Department of Transportation for aid in the financing of this Section 3037 Project. SECTION 6. This Resolution shall take effect and be in force from and after its adoption. ADOPTED, at Wichita, Kansas this ________________________________. ___________________ Carlos Mayans, Mayor ATTEST: _______________________________ Karen Sublett, City Clerk Approved as to Form: ________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 16 CITY OF WICHITA City Council Meeting October 18 , 2005 Agenda Report No. 05-0924 TO: Mayor and City Council Members SUBJECT: Park Pathways and Sidewalks (District VI) INITIATED BY: Department of Park and Recreation AGENDA: Consent -------------------------------------------------------------------------------------------------------- Recommendation: Approve the bonding resolution and authorize initiation of the project. Background: In 1999, a master plan for Schell Park was developed by the Park and Recreation Department to fulfill the needs of neighborhood issues. The department later developed a youth soccer field, drainage system, picnic tables and tree plantings which were part of that master plan. Park staff now wishes to complete the development of the strolling path which was approved by the Neighborhood Association. The Park and Recreation Department is responsible for ensuring that the City's park pathways and sidewalks comply with ADA requirements, meet the requirements of awarded matching grants, and provide for the safety of park users. Analysis: The 2006 Park Capital Improvement Program (CIP) includes $40,000 for the construction and repair of paths and sidewalks in City parks. Funding will provide for a paved, six-foot-wide concrete pathway approximately 2,055 feet long, as shown on the Schell Park master plan. Financial Considerations: The 2006 Park CIP includes $40,000 for the construction and repair of pathways and sidewalks in City parks. The funding source is general obligation bonds. Legal Considerations: The Law Department has approved the bonding resolution as to form. Recommendation/Action: It is recommended that the City Council 1) approve the bonding resolution, 2) authorize initiation of the project, and 3) authorize all necessary signatures. Agenda Item # 17 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0925 TO: Mayor and City Council SUBJECT: FY2005 Weed and Seed Program. (District I) INITIATED BY: Police Department AGENDA: Consent ____________________________________________________________________________ Recommendation: Approve the receipt of funds. Background: The Weed and Seed Program is a federally-funded grant program that brings together Federal, state, and local law enforcement agencies; social service providers; representatives of the public and private sectors; prosecutors; business owners; and neighborhood residents to "weed" out violent crime and gang activity, while "seeding" the community with social services and economic revitalization. The Weed and Seed Program is administered in "officially recognized" sites. Since 1995, the officially recognized site has the following boundaries: Central on the South, Old Manor from 17th to Central and Hillside from 17th to 27th Street on the East, Mosley on the West, and 27th Street on the North. Analysis: For federal fiscal year 2005, funding for the "weeding" component of the Weed and Seed Program is provided through federal funds granted to the Wichita Family Services Institute, Inc. for law enforcement activities. The Wichita Police Department will receive $68,078 from the 2005 Weed and Seed Program for expenses, including overtime, training, equipment, vehicle rental, and buy money. Financial Considerations: The Wichita Police Department will receive a payment of $68,078 from the Wichita Family Services Institute, Inc. for expenses related to overtime, training, equipment, vehicle rental, and buy money. No local match is required. Legal Considerations: The Law Department will review and approve the contract as to form. Recommendations/Actions: It is recommended that the City Council approve the receipt of funds and authorize the appropriate signatures. Agenda Item No. 18 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0926 TO: Mayor and City Council SUBJECT: 2006 Health Insurance Program INITIATED BY: Department of Finance AGENDA: Consent ___________________________________________________________________________________ Recommendation: Approve the 2006 health insurance plan. Background: The City uses a Health Insurance Advisory Committee (HIAC) to monitor health insurance programs for employees, and recommend new/renewal programs or changes in health coverage and cost, as required. The Committee includes representatives from the Fraternal Order of Police, International Association of Firefighters, Service Employees International, Teamsters unions, as well as the (non-union) Employees Council and Management staff. The City Council directed staff to receive competitive bids for the City of Wichita's 2005/2006 health insurance plan. On October 12, 2004, the City Council accepted the recommendation of the Health Insurance Advisory Committee to approve Coventry Health Care of Kansas, Inc. as the medical and prescription provider for 2005 and 2006. Analysis: The Health Insurance Advisory Committee reviewed the recommendations on September 30, 2004. Coventry Health Care was selected as the preferred vendor as being most responsive to the Request For Proposal. Coventry was the low responder for the 2005 fully insured medical plan and insured prescription drug plan, with a total estimated aggregate cost for both medical and prescription of $20,851,766 (exclusive of any plan changes). This was approximately -3.3% less than the 2004 medical and prescription drug plan. Coventry Health Care also provided a 2006 rate cap guarantee of not more than 10.9% which also was approved. Coventry Health Care has provided the City with data for the 2006 premium. The 2006 renewal indicates the City's experience yields a 16.9% increase in health care premiums for 2006. Because the City has approved the rate cap guarantee of not more than a 10.9% increase for 2006, Coventry is required to offer the 2006 renewal at not more than 10.9%. The City's health and benefits consultant, Hilb, Rogal and Hobbs, reviewed the 2006 data and believe the 10.9% increase is justified. The Health Insurance Advisory Committee reviewed the 2006 renewal on October 3, 2005. They recommend acceptance of the 10.9% rate cap guarantee for 2006. Page Two The Health Insurance Advisory Committee and the City Council previously agreed to the following changes for 2006: a prescription drug lifetime cap of $500,000; an increase in ambulatory surgery co-pay from $150 in 2005 to $200 in 2006; and to cover full-time students to age 23 and non-students to age 19. The City will have to amend the dental and vision plans to match the medical/prescription drug plan full-time student eligibility standard so that all City plans have the same student eligibility standards. Financial Considerations: The renewal quote to purchase medical, prescription and vision coverage would require total monthly premiums of $306.41/single and $916.16/family. The City Council approved the 2006-08 proposal with Vision Services Program (VSP) on September 20, 2005. City Council approval of the recommended plan, maintaining an 80%/20% premium split, would result in a 10.4% net premium increase (including vision) for both the City and employees. The table below summarizes monthly premiums for the proposed action on 2006 health insurance (medical, prescription and vision): 2005 Insurance Premiums 2006 Insurance Premiums City Share Employee Share City Share Employee Share 80% 20% 80% 20% Single $222.07 $55.50 $245.13 $61.28 Family $663.62 $165.90 $732.92 $183.24 Premium costs over the two-year life (2005 and 2006) of the Coventry Health Care and vision contract will be as follows: COMPARISON OF TOTAL PREMIUM RATES 2004-2006 Family Size 2004PHS 2005Coventry 2006Coventry Percent Change From 2004 Single $306.12 $277.57 $306.41 .001% Family $855.81 $829.52 $916.16 7% A financial summary of Coventry Health Care of Kansas, Inc. is on file in the Department of Finance. Legal Considerations: The contracts and related documents will be approved as to form by the City Attorney's office. Recommendation/Action: It is recommended that the City Council accept the recommendation of the Health Insurance Advisory Committee and approve Coventry Health Care of Kansas, Inc. as the medical and prescription drug provider for 2006, with the modifications in co-pays/deductibles/benefits and authorize the required signatures. Agenda Item # 19 - Revised City of Wichita City Council Meeting October 18, 2005 Agenda Report # 05-0927 TO: Mayor and City Council SUBJECT: Capital Improvement Program Planned Savings Projects (All Districts) (REVISED 10-14-2005) Agenda Item 19. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0927 TO: Mayor and City Council SUBJECT: Capital Improvement Program Planned Savings Projects (All Districts) INITIATED BY: Finance Department AGENDA: Consent Recommendations: Approve the project. Background: The 2005-2014 Capital Improvement Program (CIP) contains an allowance for "planned savings." Planned savings account for unexpended or under expended project budgets. Like the operating budget, predicting the savings from individual projects is very difficult. However, the capital budget (CIP) always experiences some level of under expenditures. Analysis: The total funds available from under-expenditures are expected to be $3.75 million. Most of these funds ($2.25 million) are proposed for repairs to City facilities. Repairs would primarily consist of major mechanical and structural repairs. Routine maintenance items will not be funded by this project. One example of a major repair project that may be considered is the air handling system at the Art Museum. The current equipment is about 28 years old and needs to be replaced to maintain the building to a standard to display the artwork inside. Other projects may be identified later, as building needs continue to be evaluated. No expenditures will be made without approval by the City Manager. Additionally, $1.5 million in planned savings is requested to accelerate replacement of Police cars. The Fleet Fund provides replacement for most City vehicular equipment, including Police vehicles. Based on current patrol strategies and usage, about 100 Police patrol vehicles should be replaced every year. Fleet currently does not have adequate resources to replace the Police fleet quickly enough to maintain the vehicles in a relatively good condition with relatively low miles. The target for replacement is 100,000 miles. The current Fleet budget includes about 35 to 40 Police patrol car replacements annually. To partially offset the cost of increasing and accelerating Police vehicle replacements, heavy equipment such as backhoes, bulldozers, tractors and dump trucks would be replaced using planned savings funds. All equipment to be replaced using planned savings has a useful life of at least 10 years and is therefore eligible for bonding. Staff will continue to evaluate Fleet operations, including equipment replacement schedules, and make recommendations for improvements. Financial Considerations: Planned savings are estimated based on the General Obligation (G.O.) capital budget. The G.O. budget consists of planned bond sales, note sales (pay-as-you-go or cash financing) and the Local Sales Tax (LST) budgeted for arterial streets. For 2005 - 2007, these three funding sources total about $122.6 million. Planned savings are estimated at 3% of budget, a rate comparable to the operating budget planned savings assumption. Legal Considerations: The Law Department has approved the authorizing Ordinance and the bonding resolution as to legal form. Recommendation/Actions: It is recommended that the City Council approve the project, place the Ordinance on First Reading, adopt the bonding resolution, authorize the budget transfers, and authorize necessary signatures. Agenda Item No. 20 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0928 TO: Mayor and City Council SUBJECT: Cheney Reservoir Watershed Cost-Share Agreement INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the Memorandum of Understanding (MOU) with the Reno County Conservation District to help finance conservation practices to reduce pollution entering Cheney Reservoir. Background: Cheney Reservoir is a major water source for Wichita, currently providing approximately 60 percent of the City's annual water supply. On August 24, 1993, City Council approved the concept of the City assuming part of the cost-share necessary to allow landowners to implement Best Management Practices in the watershed above the reservoir. Since then, the City Council has approved annual agreements with the Cheney Watershed Citizens Management Committee and the Reno County Conservation District to help implement improvements in the watershed. Analysis: It has been determined that Cheney Reservoir has at least two significant pollution problems: sedimentation and phosphates. Sedimentation washes into the reservoir from soil erosion, which can reduce the life of the reservoir, and high phosphate levels can lead to an increase in microscopic plant activity such as algae, thus increasing taste and odor problems in the water. The Reno County Conservation District has acquired funds from the Water Resources Cost-Share Program (WRCS) and the Non-Point Source Pollution Control Fund (NPS) to help finance the installation of conservation practices that will reduce pollution entering the reservoir. Under these programs, the producer can install Best Management Practices to reduce pollution from their land and apply for reimbursement up to 70 percent of the cost of the improvements. The MOU facilitates a means whereby the producer can receive up to 100 percent reimbursement by having the City of Wichita provide up to a 30 percent cost-share for the improvements. Producers will not be eligible for any costs that exceed the County Average Cost for those improvements. Administration of the funds will be through the Cheney Watershed Citizens Management Committee. The committee, composed of landowners and producers in the watershed, administers the Watershed Management Plan and coordinates efforts to promote the installation of Best Management Practices in the watershed. This agreement will help facilitate the creation of partnerships between producers in the watershed and the City to reduce pollution that enters the reservoir. In addition, Stafford, Pratt, and Kingman Counties have agreed to participate. Projects completed in those counties will be submitted to the City through the Reno County Conservation District. Alternatives: There are several alternatives that the City could pursue in attempting to reduce or eliminate pollution in Cheney Reservoir. 1) Participate in this program. The WRCS and NPS programs would provide 70 percent of the funds to correct pollution problems in the basin, with the remaining 30 percent coming from the City. 2) Wait until the pollution problems are more severe; however, the City would stand the risk of not having other funding sources to help participate in the cleanup of the drainage basin. Furthermore, customer dissatisfaction with taste and odor, or the additional cost of treating the above, would have a detrimental impact. 3) Forego efforts to work in the basin, and respond to the water quality in the reservoir. City Council has approved the use of powered activated carbon (PAC) and the construction of ozone equipment to help address taste and odor problems, but if conditions in the reservoir deteriorate, the cost of treatments will increase. The treatments, however, do not remove the sediment coming into the reservoir. To remove the sediment after it is in the reservoir, and thus extend its life, would require that the sediment be dredged, which is a costly and environmentally destructive process. Financial Considerations: The maximum WRCS available to a single producer in Reno County in fiscal year 2006 will be $5,000 and limited to $7,500 for the NPS Program. Calculation is based on the County Average Cost, or actual cost, whichever is less. Reno County has WRCS funds of $47,961 available in fiscal year 2006, while NPS has $17,706. Stafford County maximum WRCS available to a single producer will be limited to $5,000 and $5,000 for the NPS Program. The total amount of WRCS funds available in fiscal year 2006 will be $37,876 and NPS will have funds available of $22,820. Pratt County maximum WRCS available to a single producer will be limited to $3,500 and $2,200 for the NPS Program. The total amount of WRCS funds available in fiscal year 2006 will be $36,308 and NPS will have funds available of $20,503. Kingman County maximum WRCS available to a single producer will be limited to $3,500 and limited to $10,000 for the NPS Program. The total amount of WRCS fund available in fiscal year 2006 will be $25,009 and the amount of NPS funds available will be $17,608. The cost to the City shall not exceed $44,160 for WRCS projects, or $32,270 for NPS projects for a total combined amount of $76,430 in fiscal year 2006. CIP W-500, Cheney Watershed Protection Plan, has allocated $200,000 in 2006 for this effort. Other sources of funding include the EPA, the State of Kansas Water Plan and the USDA, all helping to diversify the cost of the improvement projects among funding sources. Legal Considerations: The Law Department has approved the Memorandum of Understanding as to form. Recommended Action: It is recommended that the City Council: 1) approve the MOU with the Reno County Conservation District; 2) adopt the Resolution; and 3) authorize the necessary signatures. Agenda Item No. 21 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0929 TO: Mayor and City Council SUBJECT: Cheney Watershed Staff Position - Memorandum of Understanding INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the Memorandum of Understanding with the Cheney Lake Watershed, Inc. for a staff position. Background: Cheney Reservoir is one of Wichita's major sources of water, currently providing approximately 60 percent of Wichita's annual water supply. Since 1993, the City has participated in a program to encourage the implementation of projects that will reduce pollution entering the reservoir. Participation includes the concept of the City assuming part of the cost-share necessary to allow landowners to implement Best Management Practices in the watershed. On October 13, 1998, the City Council approved a Memorandum of Understanding (MOU) with the Citizens Management Committee, now incorporated as the Cheney Lake Watershed, Inc., to fund a public relations/education position renewable annually. Analysis: The Cheney Watershed Improvements project is one of the most successful projects of its kind in the nation, having received several national awards. Over 2,300 projects have been completed in the watershed. The work already has resulted in a reduction in taste and odor events in the City's drinking water, plus a significant reduction in sediment entering the reservoir. Much credit for the success of the project can be attributed to the work of the Citizens Management Committee (CMC), composed of people living and working in the watershed who have worked hard to convince their neighbors that these improvements are good for both them and the City. The staff person funded through this MOU assists the CMC in executing many public relations and education tasks. This staff position has been very successful in increasing interest in the watershed project, increasing the number of projects completed in the watershed, and consequently, improving the water quality in the reservoir. Financial Considerations: The cost for the position is $38,580. The Kansas Department of Health and Environment has offered to provide $14,060 (approx. 36 percent) towards this position through a grant from the U.S. Environmental Protection Agency, with the City providing $24,520 (64 percent), as well as $3,000 to assist in other contractual expenses of the watershed. The remaining cost will be obtained from a grant from the EPA. Funds are available in CIP W-500, Cheney Watershed Protection Plan, which has $200,000 allocated for this project in 2006. Legal Considerations: The MOU has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the Memorandum of Understanding with the Cheney Lake Watershed and authorize the necessary signatures. Agenda Item No. 22 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0930 TO: Mayor and City Council Members SUBJECT: City Hall Garage Repairs (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Amended Resolution. 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. to perform the condition appraisal/maintenance review. On July 12, 2005, City Council approved a contract amendment with MVP and Walker for continued consultant services related to the Construction Documents, Bidding, and Construction Administration Phases for the repairs as identified in the condition appraisal. Analysis: Repairs as identified in the condition appraisal 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 at the west stair tower; cracked brick façade at the northwest corner on the upper level; fading and corrosion of metal railing on the top of the spandrel beams; faded floor markings; deterioration of the traffic topping on the ramp; deteriorated floor tile and concrete spalling in the east elevator/stair tower and obstructed floor drains. The estimated probable cost of construction for the recommended base repairs is $263,835, which exceeds the 2005 CIP budget of $250,000 by $13,835. The approved 2005-2014 CIP includes an additional $250,000 in 2006 which will be used to complete the recommended base repairs and replace the southwest steel stair tower with galvanized stairs/treads, replace the rubber tile flooring, and install walk-off carpet in the elevators in the east elevator/stair tower. It is recommended Council approve the remaining CIP funding so the structure's integrity and maintainability can be restored, while maintaining the service life of a major capital investment. Financial Considerations: The project is authorized in the 2004-2013 Capital Improvement Program (CIP) PB-350502 (Project No. 435392, OCA No. 792427) at $250,000 in 2005. The approved 2005-2014 CIP includes an additional $250,000 in 2006 for a total of $500,000. Legal Considerations: The Law Department has approved the Amended Resolution as to form. Recommendation/Action: It is recommended that the City Council adopt the Amended Resolution and authorize the necessary signatures. Agenda Item No. 23 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0931 TO: Mayor and City Council Members SUBJECT: Boys & Girls Club Infrastructure Improvements (north of 21st, west of Grove) (District I) INITIATED BY: Department of Public Works AGENDA: Consent Recommendations: Approve the project. Background: On June 21, 2005, the City Council approved an agreement with the Boys and Girls Club of South Central Kansas to redevelop the former Logopedic Institute site as a youth services center. Funding for associated public infrastructure improvements has been included in the 2005-2014 Capital Improvement Program. Professional Engineering Consultants, Inc (PEC) has been selected to provide engineering design services. Analysis: The project will reconstruct Jardine Drive and sidewalks within the campus. New streetlights will be installed and the street right-of-way will be landscaped. Financial Considerations: The project budget is $1,200,000 with the total paid by the City. In addition, Wichita State University has agreed to contribute up to $130,000 for demolition expenses. The actual demolition cost will likely be substantially less than $130,000. The funding source for the City share is General Obligation Bonds. Legal Considerations: The Law Department has approved the authorizing Resolution as to legal form. Recommendation/Actions: It is recommended that the City Council approve the project, adopt the Resolution and authorize the required signatures. Agenda Item No. 24 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0932 TO: Mayor and City Council Members SUBJECT: Easement for Sanitary Sewer Main, located along 135th St. West, between Central and 21st Street North (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Acquisition. Background: The City Council adopted a Resolution on October 4, 2005 declaring it necessary to provide sanitary sewer main service to a developing residential corridor along 135th Street West, between Central and 21st Street North. Fulfillment of this Resolution requires easements on tracts located on the west side of 135th Street. Analysis: A negotiated settlement of $13,000 has been accepted by one property owner in exchange for a 14,914 sq. ft. sanitary sewer easement, a street dedication of 59,660 square feet, and all necessary temporary construction easements. Financial Considerations: A budget of $13,000 is requested. The funding source will be the Main 4, Northwest Interceptor Sanitary Sewer Project. Legal Considerations: The Law Department has approved the Sanitary Sewer Easement, Right of Way Dedication, and temporary construction easements as to form. Recommendation/Action: It is recommended that the City Council approve the budget and the easement; authorize all necessary signatures. Agenda Item No. 25 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0933 TO: Mayor and City Council Members SUBJECT: Railroad Permits for a Water Line along Hoover Road, north of Zoo Boulevard (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Authorize the Mayor to sign the railroad permits . Background: On May 21, 2002, the City Council approved a water line project along Hoover Road, north of Zoo Boulevard at 21st Street. Analysis: Permits from the Kansas and Oklahoma Railroad are required to allow construction of the water line. Two copies of the two required permits have been attached for signature by the City of Wichita, and will go into effect upon countersigning by the railroad. The executed documents will be returned to the City of Wichita. Financial Considerations: The permit fees total $4,200, and shall be paid by the improvements district and Water Utility as a shared expense to the project. Legal Considerations: The Law Department has reviewed the permit agreements and approved it as to form. Recommendation/Action: It is recommended that the City Council approve the railroad permits, authorize payment to the railroad, and authorize necessary signatures. Agenda Item No. 26 Sale of Surplus Parcel near Sewer Plant 2. (District III) (PULLED PER COUNCIL MEMBER SKELTON) Agenda Item No. _27_ City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0935 TO: Mayor and City Council SUBJECT: Fleet Internal Service Fund Budget Adjustment INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the budget transfers. Background: Fleet Maintenance is responsible for the operation and maintenance of about 2,200 automobiles, light trucks, heavy trucks, heavy equipment and light equipment used by City departments. Fleet does not provide vehicles or service for Wichita Transit's large buses, or for Airport equipment. Internal customers pay rent on vehicles and equipment to offset the operation, maintenance and future replacement costs. Services include preventive maintenance, repairs, tire service, mobile service, fueling, overhauls, towing, body shop and major mechanical repairs. Repairs to electrical components, cooling systems and heavy equipment tires are contracted to outside vendors. Major repairs for specialized heavy equipment are managed contractually with local businesses. Analysis: The Fleet budget is established based on known and estimated costs, including wages, insurance, repair parts and fuel. In 2005, fuel costs have been significantly higher than estimated. The higher costs have caused a budget shortfall in several Fleet line items. Additionally, replacement Police vehicles should be equipped with new equipment, such as light bars, radios and partitions. Much of this equipment has been transferred from old cars as new cars were purchased, and some of the equipment is up to 15 years old. The purchase of this new equipment was not fully anticipated in the Fleet budget, and will cause expenditures to be over budgeted levels in some line items. Financial Considerations: The Fleet Fund has a State-certified 2005 expenditure budget of $13,618,790. To complete all 2005 transactions, it is estimated that transfers of up to $1,150,000 (about 8.4% of budget) will be needed. The additional fuel costs are estimated at $840,000, and the new Police car equipment is estimated to cost $310,000 to equip 40 cars. All transfers would occur within the Fleet Fund, using contingency funds. Including these transfers, total fund expenditures will be less than the 2005 State-certified expenditure budget of $13,618,790. Legal Considerations: Budget transfers over $25,000 require City Council approval. Recommendations/Actions: It is recommended that the City Council approve the budget transfers. Agenda Item No. 28 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0936 TO: Mayor and City Council Members SUBJECT: South Arkansas River Greenway Improvements (District III) INITIATED BY: Department of Park and Recreation AGENDA: Consent -------------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the bonding resolution and authorize initiation of the project. Background: On January 11, 2005, City Council approved and authorized the initiation of funding in the amount of $30,000 to provide design services for the South Arkansas River Greenway. K.E. Miller Engineering, P.A. w/Landworks Studio was the selected vendor to provide design services for an access point to the river for canoeing purposes. Proposed improvements for the project include an entrance road, a small parking lot and canoe launching point, a meeting spot and an access trail. Final design plans are prepared for bidding and construction of this project. Analysis: The construction of the South Arkansas Greenway canoe launch will provide the second official river access point along the Big Arkansas River in the last two years for the City of Wichita. This new access point will allow river enthusiast another key point along the canoe trail. This project aligns with the mission and vision to develop a comprehensive system of access points as identified in the Arkansas River Corridor Access Plan approved by City Council on August 5, 2005. Financial Considerations: The 2006 Park Capital Improvement Program includes $270,000 for the construction of this project. The funding source is general obligation bonds. Legal Considerations: The Law Department has approved the bonding resolution to form. Recommendation/Action: It is recommended that the City Council 1) approve the bonding resolution, 2) authorize initiation of the construction project, and 3) authorize all necessary signatures. Agenda Item No. 29 City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0937 TO: Mayor and City Council Members SUBJECT: Assistance to Firefighters Grant Program Grant Award (All Districts) INITIATED BY: Fire Department AGENDA: Consent Recommendation: Approve the grant award. Background: The FY 2005 Defense Authorization Act authorized the federal Department of Homeland Security, Federal Emergency Management Agency (FEMA), to make $650 million in grants available to fire departments. The programs and associated activities that were eligible for the 2005 grant programs were as follows: Operations and Firefighter Safety program and Firefighting Vehicle Acquisition Program. Applicants could only apply for one of the two programmatic areas, however within the selected programmatic area, applicants could apply for a number of activities. On April 5, 2005, the City Council approved the submission of a grant application in the amount of $255,500, including the required local match. Analysis: The City applied for $204,400 in grant funds for the fire operations and firefighter safety program category. On October 7, 2005 the Department of Homeland Security announced the award of the Assistance to Firefighters Grant for Fire Operations and Firefighter Safety Program to the Wichita Fire Department. This award will be used to replace and upgrade the breathing air compressors and increase air delivery capabilities. Financial Considerations: The grant application was originally submitted for $204,400. The U.S. Department of Homeland Security reduced the grant award to $202,396. The decrease in the grant funding was due to the agreed reduction amount of three generators. The approved cost for three generators is $50,000 each instead of $50,500 for one and $51,500 for the other two as requested in the initial application. Because of the funding reduction, the total project cost is $252,495. The federal share was reduced from $204,396 to $202,396 and the City's matching funds from the Fire Department capital improvements account were reduced from $51,099 to $50,599. The City Council previously approved the local match. Legal Considerations: None Recommendation/Action: It is recommended that the City Council approve the FY 2005 Assistance Firefighters Grant award. Agenda No. 29a. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0956 TO: Mayor and City Council SUBJECT: City Manager Performance Evaluation INITIATED BY: City Council AGENDA: Consent Recommendation: Approve salary increase. Background: Mr. George Kolb was appointed by the City Council to serve as City Manager of the City of Wichita on June 8, 2004. On that same date, the City Council also approved and authorized the Mayor to sign a letter agreement concerning the employment conditions of the new City Manager. Mr. Kolb began his service as City Manager on July 26, 2004. Analysis: The employment agreement provides that in its discretion, the governing body may increase the City Manager's annual base salary, subject to performance evaluations. Based on the performance review of the City Council, a COLA increase of 3.5 % to the annual base salary of the City Manager is appropriate. The increase will be retroactive to August 1, 2005. Financial Considerations: The adopted budget provides for such increase based on performance review. Legal Considerations: None Recommendations/Actions: Authorize and approve a COLA salary increase of 3.5% to the annual base salary of City Manager George Kolb, retroactive to August 1, 2005. Agenda Item 29b. City of Wichita City Council Meeting October 18, 2005 Agenda Report No. 05-0957 TO: Mayor and City Council Members SUBJECT: Public Safety AVL INITIATED BY: IT/IS Department AGENDA: Consent Recommendation: Approve Purchase Background: On June 7, 2005, The City of Wichita Council approved Supplemental Agreement FY02 ITS Deployment Program to approve the purchase of equipment to facilitate the AVL project for regional Public Safety vehicles. Part of the equipment needed for the project is the data modem/AVL device. Data modems have been in use by the Wichita Police Department since 1997 for connection to the Computer Aided Dispatch (CAD) 911 system. Analysis: A significant part of the project is the upgrade of the CAD 911 network, including data modems. The purchase on modems from Dataradio, Inc. will be sole source due to the constraints of compatibility with the Sedgwick County CAD system