MARCH 22, 2005 AGENDA REPORTS Agenda Item No. 4a. City of Wichita City Council Meeting March 22, 2004 Agenda Report No. 05-0223 TO: Mayor and City Council Members SUBJECT: Petitions for Sanitary Sewer, Drainage and Water Distribution System improvements to serve The Waterfront Addition (north of 13th, east of Webb) (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 sanitary sewer, drainage improvements and water service to a new commercial development located north of 13th, east of Webb. Financial Considerations: The Petitions total $426,000. 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 and adopt the Resolutions (hold for development). Agenda Item No. 4b. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0224 TO: Mayor and City Council Members SUBJECT: Petition to pave streets in Blue Lake Addition (west of West Street, North of MacArthur) (District IV) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the new Petition. Background: On September 14, 2004, the City Council approved a Petition to pave streets in Blue Lake Addition. An attempt to award a contract within the budget set by the Petition was not successful. The developer has submitted a new Petition with an increased budget. The signature on the new Petition represents 100% of the improvement district. Analysis: The project will serve a new residential development located west of West Street, north of MacArthur. Financial Considerations: The existing Petition totals $744,000. The new Petition totals $965,000. The funding source is special assessments. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the new Petition and adopt the Resolution. Agenda Item No. 4c. City of Wichita City Council Meeting March 22, 2004 Agenda Report No. 05-0225 TO: Mayor and City Council Members SUBJECT: Petition to construct a Water Distribution System for a new Goddard school building located north of Kellogg, east of 167th Street East (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petition. Background: The Petition has been signed by one owner, representing 100% of the improvement district. Analysis: The project will provide water service to a new Goddard school building located north of Kellogg, east of 167th Street East. Financial Considerations: The Petition totals $497,300, with $199,000 paid by special assessments and $298,300 paid by the Water Utility. The utility share is for the cost of oversizing the pipeline to serve future development outside the improvement district. 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 Petition and adopt the Resolution. Agenda Item No. 4d. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0226 TO: Mayor and City Council Members SUBJECT: Petitions for Sanitary Sewer and Water Distribution System improvements to serve Lot 1, Woodland Heights 2nd Addition (north of 2nd, east of Ridge) (District V) 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 sanitary sewer and water service to an undeveloped commercial lot located north of 2nd, east of Ridge. Financial Considerations: The Petitions total $115,616. The funding source is special assessments except for the water Petition which includes $41,000 paid by the water utility for over sizing the pipeline to serve future development outside the improvement district. 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 and adopt the Resolutions (hold for development). Agenda Item No. 4e. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0227 TO: Mayor and City Council Members SUBJECT: Petition to construct a Storm Water Drain in Highland Springs 3rd Addition (west of 135th St. West, south of Central) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the new Petition. Background: On January 4, 2005, the City Council approved a Petition to pave streets in Blue Lake Addition. An attempt to award a contract within the budget set by the Petition was not successful. The developer has submitted a new Petition with an increased budget. The signature on the new Petition represents 100% of the improvement district. Analysis: The project will serve a new residential development located west of 135th St. West, south of Central. Financial Considerations: The existing Petition totals $195,000. The new Petition totals $240,000. The funding source is special assessments. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the new Petition and adopt the Resolution. Agenda Item No. 8a. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0228 TO: Mayor and City Council Members SUBJECT: SBC Easement, 29th St. N., West of Maize Road (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement Background: On March 8, 2005, the City Council approved a project to improve 29th Street North, from 119th Street West to Maize. A portion of the necessary work includes relocation of an SBC easement and facilities presently located in a private easement at 10434 West 29th Street North. The facilities will be relocated to a new easement south of 29th Street North and east of Maize Road. Analysis: Costs to relocate SBC's remote terminal are $23,908.66. An Agreement has been prepared to authorize these expenditures. Financial Considerations: Funds are available in the project to provide for utility relocation costs. The funding source is GO bonds.. Legal Considerations: The Law Department has approved the Agreement as to form. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. CWOTS # : 449K04 Page 1 of 4 APPLICATION and LETTER OF AGENCY FOR CUSTOM WORK 03/04/2005 CWOTS Number: 449K04 Customer Billing Telephone Number: ????? BILL TO: CITY OF WICHITA 455 N MAIN 7TH FL WICHITA, KS 67202 WORK SITE LOCATION: 10105 W 29TH NORTH WICHITA, KS DESCRIPTION OF CUSTOM WORK: Cost includes charges for the acquisition of SBC easement near 29th N Maize Rd., Wichita, KS. The newly acquired easement replaces existing SBC 20' X 40' easement (10434 W 29th North) now in conflict with City of Wichita 29th Street improvement project. This newly acquired 20' X 40' easement will be exclusively for SBC's remote terminal (RT) @ 10105 W 29th North & associated plant which will be redesigned & relocated on a subsequent order to this acquired site, professional engineering services, TELCO ENG HRS & unusable cable received on a previous project & junked (350' of 900 pr cable, 56' of 300 pr cable, & 100' of 1200 pr cable). This project was issued to field before conflict was discovered. The scope of work was modified to save the customer money. LABOR EXPENSE: $19559.10; MATERIAL EXPENSE: $2639.53; OVERHEAD EXPENSE: $1433.57; TARIFF/LICENSE AGREEMENT EXPENSE: $????? COST OF MONEY EXPENSE: $276.46 CHARGE FOR CUSTOM WORK: CONTRACT PRICE: $ 23908.66 Applicant requests that Southwestern Bell Telephone, L.P. act as its agent in performing the above-described custom work on Applicant's behalf. Applicant agrees to pay the charge(s) indicated above for such work. The charge(s) will be computed in accordance with Southwestern Bell Telephone, L.P.'s ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and will include allocated costs for labor, engineering, materials, transportation, motor vehicles, tool and supply expenses and sundry billings from sub-contractors and suppliers for work and materials related to the job. Applicant agrees to make an advance payment of $ 23908.66 prior to commencement of the work. CANCELLATION If the Applicant cancels the work prior to completion, Applicant must notify Southwestern Bell Telephone, L.P., in writing of said cancellation. If Applicant elects to cancel the work prior to completion, Applicant agrees to pay Southwestern Bell Telephone, L.P. for the costs it has incurred in starting performance under the contract. If Applicant has made an advance payment, Southwestern Bell Telephone L.P. will deduct its costs and expenses incurred as of the date of Applicant's notice of cancellation from the amount of the advance payment. Any amount remaining will be refunded to Applicant. PRICE QUOTE The price is guaranteed for 60 days from 05/03/2005 If the charges are not accepted within 60 days the order will be cancelled and a new order will need to be placed. The second estimate may be higher than the price that was originally quoted. CWOTS # : 449K04 Page 2 of 4 STOP WORK ORDER In the event that Applicant issues a stop work order, or places the project "on hold", at any point during the progress of the work, said stop work order or request to "hold" work must be issued in writing and must be delivered via certified mail, return receipt requested to Bill Mize, 11930 Airline, Rm. 215, Houston, TX 77037. If Applicant issues a stop work order, or a request to "hold" work, the contract price quoted herein will remain valid until sixty (60) days from the date of the stop work or "hold" work order. At the expiration of the sixty (60) days, the contract price quoted herein will expire and a new contract price will be determined and provided, in writing, to Applicant. The new contract price may be higher than the contract price quoted in this custom work order. If, after issuing a stop work, or "hold" work order, Applicant elects to cancel the contract, Applicant must inform Southwestern Bell Telephone, L.P., in writing of the cancellation. Southwestern Bell Telephone, L.P., will deduct any expenses incurred in performing the work from Applicant's advance payment and refund any remaining funds to Applicant. Under no circumstances will Southwestern Bell Telephone, L.P., be responsible to Applicant for any alleged damages or additional expenses incurred by Applicant as a result of a stop work order or an order to "hold" work on the project. CHANGES IN SCOPE OF WORK OR CHANGES IN FIELD CONDITIONS The parties recognize that this is a fixed cost contract. However, if Applicant initiates changes in the scope of the work after Southwestern Bell Telephone L.P., has provided Applicant with the above referenced price quote, or after Applicant executes this fixed price contract, whichever is earlier, the above price quote and this contract are null and void and Applicant must request that a new estimate be provided based on the revised/altered scope of work. In the event that there exists a condition in the field that is different from field conditions that existed at the time Southwestern Bell Telephone, L.P. provided the above referenced price quote to Applicant, or after Applicant executes this fixed price contract, whichever is earlier, the above price quote and this contract are null and void and Applicant must request that a new estimate be provided based on the changed field conditions. Field conditions that may materially alter the scope of the work and/or the cost associated with the work include but are not limited to conditions that exist below the surface of the ground and could not have been anticipated at the time of the price quote, above ground barriers, Acts of God affecting the progress or sequencing of the work, labor disputes, and other conditions or circumstances that Southwestern Bell Telephone, L.P., could not reasonably anticipate at the time of providing the above referenced price quote to Applicant. CWOTS # : 449K04 Page 3 of 4 NO DAMAGE FOR DELAY Under no circumstances will Southwestern Bell Telephone, L.P., be held liable to Applicant, Applicant's agents, employees or contractors, for any alleged delay on the project that forms the basis for this custom work order. TIME TO COMPLETE Any representation by Southwestern Bell Telephone, L.P., its agents, servants or employees that the project, will be complete by a certain date or certain time period is strictly an estimate and not binding on Southwestern Bell Telephone, L.P., its agents, servants, or employees. All estimated completion dates are subject to changing conditions in the field, changes in the scope of the work, relocation of existing utilities not within Southwestern Bell Telephone, L.P.'s control, Acts of God, weather delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that Southwestern Bell Telephone, L.P., its agents, servants, or employees, could not reasonably anticipate at the time of the estimate. CHOICE OF LAW Kansas law governs the application of this agreement and all terms contained therein. INDEMNIFICATION AND HOLD HARMLESS Applicant, its agents, servants, and employees hereby agree to indemnify and hold harmless Southwestern Bell Telephone, L.P., and its employees, agents and contractors, from and against any and all claims, costs, expenses, judgments or actions for damage to property or injury or death to persons, and/or arising from or relating to the work that is the subject of this agreement, to the extent any such claims are caused by the negligent acts or omissions of the Applicant, its agents, servants, or employees. ENTIRE AGREEMENT The parties agree that the terms set forth herein constitute the entire agreement and there are no other agreements regarding the project that is the subject of this agreement between the parties. CWOTS # : 449K04 Page 4 of 4 MODIFICATION & NOTICE Any modification to this agreement must be made in writing and signed by both parties. Any party to this agreement may provide the other party with notice of any fact or condition by providing such information in writing and serving said writing via certified mail, return receipt requested. ACCEPTED FOR CUSTOMER: ACCEPTED FOR SOUTHWESTERN BELL TELEPHONE, L.P.: __ _____________________________ _____________________________________ Authorized Signature, Title or Title: Manager-Custom Work Order Tracking Relationship to Company or Individual Company: _______________________ Printed Name: _______________________ Date: _________ Date: ____________ CWOTS # : 449K04 03/04/2005 Dear Ms Jan Long This letter is in regards to your request for Southwestern Bell Telephone, L.P. to perform custom work for you. Enclosed please find an Application and Letter of Agency for Custom Work. This application describes the custom work you have requested along with the associated charges for us to do the work. We require an advance payment on this amount, which is shown on the application. Both the signed application and the advance payment must be received by our office before we can proceed on your behalf. Our mailing address for these documents is listed below: Southwestern Bell Telephone, L.P. Attn: Litha Randolph 500 E 8th Str Room 614 Kansas City, Mo. 64106 If you decide not to proceed with this work, please call our business office so that we may cancel your request. As always, please feel free to contact our office at 1 866-457-0777 or 816-275-4826 if you have any questions regarding this matter. Please refer to the record number at the top of your application to assist us in locating your file. Sincerely, Gwendolyn Pearl Manager-Custom Work Orders Southwestern Bell Telephone, L.P. SWBT FAX DATE: 09/09/2004/ modified 3/04/05 ATT: JAN LONG/ electronic email to Leslie Hick PHONE NUMBER: ????? FAX NUMBER: 316-268-4114 FROM: Litha Randolph COMPANY: SWBT (TOLL FREE) (DIRECT LINE) PHONE NUMBER: 1-866-457-0777 816-275-4826 NOTES: PLEASE RETURN APPLICATION WITH ORIGINAL SIGNATURE ALONG WITH PURCHASE ORDER Please put the record #(449K04) on your check. If you have any questions Please refer to the record number. PAGE 1 OF 6 INCLUDING COVER PAGE Agenda Item No. 8b. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0229 TO: Mayor and City Council SUBJECT: South Central Kansas Water Coalition INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the City's participation in the South Central Kansas Water Coalition. Background: On February 1, 2005, City Council approved the Interlocal Agreement to participate in the Regional Economic Area Partnership (REAP) South Central Kansas Water Coalition, and the Agreement was forwarded to REAP for signatures. REAP discovered that their Agreement was minus a section and returned the Agreement to the City for new signatures. Law reviewed the second Agreement with the minor changes in contractual obligations and recommended that it be returned to City Council for approval. In January 2004, the REAP executive committee invited member jurisdictions to participate in discussions to develop and recommend a strategy for joint action among local governments to address regional water issues. At the October 11, 2004, meeting, the REAP membership voted to approve the formation of the South Central Kansas Water Coalition. Among the objectives of the Coalition are: · To serve as a regional conduit for the dissemination of information regarding activities, programs, funding and initiatives related to water in the region. · To serve as a regional voice on behalf of members to state and federal government and agencies. · To develop and implement a regional water plan. · To organize and coordinate collaborative efforts on regional issues of water supply and quality. · To develop or organize services to member water utility operations. Analysis: The City of Wichita participated in the discussions leading up to the formation of the Coalition by REAP. The Mayor, the Water & Sewer Department Director and the Environmental Health Director have been parties to those discussions. Staff believe that water issues extend beyond the city limits. There is value in local governments sharing information and experiences and in jointly speaking to water related issues before state and federal government agencies. (See attached Report of the Executive Committee.) The Coalition will be governed by a Board of Delegates appointed from governing bodies of member local governments. The Board of Delegates will approve the budget and the work plan for the Coalition. A Board of Directors will be appointed from the professional/administrative staff of member entities. The Board of Directors will prepare and recommend an annual budget and work plan, carry out approved work, and oversee the day-to-day operations and activities of the Coalition. Each delegate and director will also have an alternate appointed by the member entity's governing body. Financial Considerations: The interlocal agreement calls for Wichita to initially pay $2,500 as a charter member. This funding level may change up or down, depending on the work plan that the Coalition Board of Delegates adopts. The City's water utility has sufficient budget authority to cover this initial cost. Other member local government entities will contribute based on their population and/or utility revenues. Legal Considerations: The Law Department has approved the Agreement as to form. Recommendations/Actions: It is recommended that the City Council approve the revised Interlocal Agreement with the Regional Economic Area Partnership. Agenda Item No. 8c. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0230 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Staking and Construction Engineering in The Fairmont 3rd Addition (west of 127th Street East, north of 21st) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the sanitary sewer and storm water drainage improvements in The Fairmont 3rd Addition on December 7, 2004. On February 15, 2005 the City approved Agreements with Baughman Company, P.A. to design the improvements. The Design Agreements with Baughman requires Baughman to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreements between the City and Baughman provides for staking and construction engineering for the improvements. Due to the current workload created by previous projects, City crews are not available to perform the construction engineering for this project. Financial Considerations: Payment to Baughman will be on a lump sum basis of $15,250, and will be paid by special assessments. Legal Considerations: The Supplemental Agreements has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreements and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED FEBRUARY 15, 2005 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND BAUGHMAN COMPANY, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated February 15, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in THE FAIRMONT 3RD ADDITION (west of 127th Street East, north of 21st). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING AND CONSTRUCTION ENGINEERING (as per the City of Wichita Standard Construction Engineering Practices) LATERAL 4, MAIN 10, FOUR MILE CREEK SEWER serving Lots 1 through 43, Block A, The Fairmont 3rd Addition (west of 127th Street East, north of 21st) (Project No. 468 83935). STORM WATER DRAIN NO. 248 serving Lots 1 through 43, Block A, The Fairmont 3rd Addition (west of 127th Street East, north of 21st) (Project No. 468 83936). B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 468 83935 $ 5,760.00 468 83936 $ 9,490.00 TOTAL $ 15,250.00 C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005. BY ACTION OF THE CITY COUNCIL ______________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. _______________________________ N. Brent Wooten, President ATTEST: _________________________________ Agenda Item No. 9a. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0231 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Main 16, Sanitary Sewer No. 23 - South Basin (east and west of Arkansas from 37th to 46th Streets North) (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The 2005 Capital Improvement Program includes funding for sewer mains for future development. Analysis: The proposed Agreement between the City and Ruggles & Bohm, P.A. (R&B) provides for the design of Main 16, Sanitary Sewer No. 23. The Staff Screening & Selection Committee selected R&B for the design on February 10, 2005. Financial Considerations: Payment to R&B will be on a lump sum basis of $43,000, and will be paid by Sewer Utility Operating Revenues. 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 RUGGLES & BOHM, P.A. for MAIN 16, SANITARY SEWER NO. 23 - SOUTH BASIN 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 RUGGLES & BOHM, P.A., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; MAIN 16, SANITARY SEWER NO. 23 - SOUTH BASIN (Project No. 468 83958) NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing Main 16, Sanitary Sewer No. 23 - South Basin and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 468 83958 $ 43,000.00 Accumulated partial payments for the PROJECT shall be based on milestones in Exhibit A and shall not exceed eighty-five percent (85%) of the total fees for services prior to satisfactory completion of all work required by this agreement B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ___________________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ____________________________________________ Gary Rebenstorf, Director of Law RUGGLES & BOHM, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ Exhibit "A" SCOPE OF SERVICES MAIN 16, SANITARY SEWER #23 - SOUTH BASIN (468-83958) The ENGINEER shall provide professional services for the design of a main sanitary sewer, lift station and force main to serve an area roughly bounded by 37th Street North, the Little Arkansas River, 46th Street North west of Arkansas, Arkansas, 47th Street North east of Arkansas, the Chisholm Creek Diversion and Broadway. A main sewer must be constructed from the existing sewer line located in Arkansas, south of 37th Street North, to serve the described area. The ENGINEER shall be required to approach the project in several phases. The first phase shall be to perform a study and establish a service area boundary. The study shall include, the developed and undeveloped areas to determine the appropriate boundary limits for the drainage area. The alignment of the proposed main sewer is anticipated to be east of Arkansas along Dale Street from south of the Chisholm Creek Diversion east of Dale to an area north of 43rd Street North and be 10" in diameter. A lift station located north of I-235 and east of Dale Street with a force main has been proposed. The Design Engineer shall review and confirm the assumed alignment and pipe diameter. The study shall also be used to determine the size and cost for the main sewer concept to serve the area. The consultant shall provide recommendations to City staff for consideration. A cost estimate shall be developed. The second phase of the project shall be the preparation of preliminary project plans for the main sewer a preliminary lateral layout to serve the basin. The plans shall indicate the alignment, easements, and all other items typical for City of Wichita sanitary sewer plans. All property irons and section corners shall be shown on the plans with appropriate labeling, including northing and easting, baseline ties, and main sewer line ties. Benchmarks and control points shall be called out along the project plans. The third phase shall be to determine easements, prepare easement documents, including legal descriptions on City easement forms, and the preparation of the easement tract maps. The easement documents shall be provided to City staff for signing and execution. Further, as a portion of the project includes I-235 and Floodway rights-of way, the design consultant shall coordinate with KDOT, the Army Corp of Engineers, and all other agencies as necessary, and prepare necessary permit applications for the construction of the project. The fourth phase of the project will be to assist City staff in preparing for all public meetings and presentations to the City Council as necessary. The ENGINEER shall be required to provide project displays for the various presentations and public meetings. The ENGINEER shall be prepared to attend all meetings as requested by the project engineer. The fifth and final phase will be to finalize the project construction plans, and provide project quantities in a City approved electronic format that will include an itemized list of project quantities for bidding. The ENGINEER shall provide the project engineer an electronic project estimate, a mylar original plan set that has been stamped by the design engineer, a cd of the drawing files and pdf files for the project. The ENGINEER shall attend the pre-bid and pre-construction conferences for the project. The ENGINEER shall be required to assist in answering questions that might arise during the construction of the project. The ENGINEER shall provide man-hours and fees for performing the above tasks. The project staking, inspection, and completion of as-built drawings, shall be done by City field staff. 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. 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. 3. 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 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. 4. 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 setting monuments of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 5. 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. 6. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 7. All applicable coordinate control points and related project staking information shall be furnished on a CD in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 8. Project Milestones. The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. (a) Completion of all work required by this agreement (including submittal of final approved plan tracings, field notes, and related PROJECT documents May 1, 2005. Agenda Item No. 9b. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0232 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Auburn Hills 15th Addition (west of 135th Street West, north of Kellogg) (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 Auburn Hills 15th Addition on March 1, 2005. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer and paving in Angel Fire 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 $40,800, and will be paid by special assessments. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and BAUGHMAN COMPANY, P.A. for AUBURN HILLS 15TH 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 NUMBER 448 89911 serving Lots 43 through 50, Block B; Lots 10 through 13, Block D, Auburn Hills 15th Addition (west of 135th Street West, north of Kellogg) (Project No. 448 89911). WATER DISTRIBUTION SYSTEM NUMBER 448 90036 serving Lots 51, Block B, Auburn Hills 15th Addition (west of 135th Street West, north of Kellogg) (Project No. 448 90036). LATERAL 10, MAIN 2, COWSKIN INTERCEPTOR SEWER serving Lots 13 through 36, Lots 43 through 50, Block B; Lots 10 through 13, Block D, Auburn Hills 15th Addition (west of 135th Street West, north of Kellogg) (Project No. 468 83758). LATERAL 11, MAIN 2, COWSKIN INTERCEPTOR SEWER serving Lot 51, Block B, Auburn Hills 15th Addition (west of 135th Street West, north of Kellogg) (Project No. 468 83948). AUBURN HILLS from the south line of Lot 49, Block B, north to the south line of Lot 42, Block B, AUBURN HILLS COURT from the north line of Auburn Hills, to and including the cul-de-sac (Lots 10 through 13, Block D), AUBURN HILLS COURT from the south line of Auburn Hills to and including the cul-de-sac (Lots 43 through 50, Block B) and a sidewalk along one side of Auburn Hills (west of l35th Street West, north of Kellogg) (Project No. 472 83931). AUBURN HILLS from the south line of Lot 49, Block B, south to the south line of the plat (west of 135th Street West, north of Kellogg) (Project No. 472 84146). 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 Auburn Hills 15th Addition and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 448 89911 $ 6,100.00 Project No. 448 90036 $ 1,100.00 Project No. 468 83758 $10,900.00 Project No. 468 83948 $ 1,000.00 Project No. 472 83931 $16,800.00 Project No. 472 84146 $ 4,900.00 TOTAL $40,800.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ______________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ "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 May 30, 2005. (Project No. 448 89911). b. Plan Development for the water improvements by May 30, 2005. (Project No. 448 90036). c. Plan Development for the sewer improvements by May 30, 2005. (Project No. 468 83758). d. Plan Development for the sewer improvements by May 30, 2005. (Project No. 468 83948). e. Plan Development for the paving improvements by June 13, 2005. (Project No. 472 83931). f. Plan Development for the paving improvements by June 13, 2005. (Project No. 472 84146). Agenda Item No. 9c. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0233 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Highland Springs 3rd Addition (west of 135th Street West, south of Central) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the storm water drainage improvements in Highland Springs 3rd Addition on January 1, 2005. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer and paving in Angel Fire 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 $13,800, and will be paid by special assessments. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and BAUGHMAN COMPANY, P.A. for HIGHLAND SPRINGS 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; STORM WATER DRAIN NO. 205 serving Lots 1 through 28, Block C; Lots 1 through 21, Block D; Lots 1 through 16, Block E; Lots 1 through 17, Block F; Lots 1 through 6, Block G; Lot 1, Block H, Highland Springs 3rd Addition (west of 135th Street West, south of Central) (Project No. 468 83637). 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 Highland Springs 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. 468 83637 $13,800.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ______________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ "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 storm water improvements by May 9, 2005. (Project No. 468 83637). Agenda Item No. 10a. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0234 TO: Mayor and City Council Members SUBJECT: Acquisition of 2132 George Washington Boulevard for the Dry Creek Basin Property Acquisition Project (District III) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition Background: There have been several, flooding incidents along the Dry Creek basin in East Wichita. As a result of this, the City Council approved a voluntary property acquisition program. The program calls for the acquisition of up to 16 residential properties that have habitable floors that are below the one hundred year flood elevation. One such property is 2132 George Washington Boulevard, which is owned by David and Suzanne Morgan. The site contains 33,444 square feet and is improved with a 1,720 square foot wood frame residence. Analysis: The city had the property appraised in January 2005. The appraised value of $128,000 was offered to the owner. The owner has agreed to sell the property for this amount. The improvements will be removed and the site maintained as open space. Financial Considerations: A budget of $133,750 is requested. This includes $128,000 for the acquisition, $5,000 for demolition and $750 for closing costs and title insurance. The funding source is the Storm Water Utility. Legal Considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that the City Council; 1) Approve the Real Estate Purchase Contract and 2) Authorize all necessary signatures. Agenda Item #10b. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0235 TO: Mayor and City Council Members SUBJECT: Partial Acquisition of 1526 North Market as a portion of 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 Ave. And Wichita St. to 15th St. and Broadway. Through 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 utilized to develop 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 St. from the adjacent owners. Analysis: Due to their size and configuration, the tracts being acquired are not developable by themselves. The majority of the tracts abut developed properties but lie outside the fenced, defined boundaries of the properties. The purchase price of similar tracts was reviewed to estimate market value. These amounts were offered to the adjacent property owners with several accepting the offers. The owner at 1526 N. Market has agreed to sell to the city his portion of the Union Pacific Railroad tract consisting of 2,000 square feet at $500. Financial Considerations: A budget of $650 is requested for the acquisition. This includes $500 for the acquisition and $150 for closing costs. 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. 10c. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0236 TO: Mayor and City Council Members SUBJECT: Acquisition of 1001 and 1017 East Pawnee for the Pawnee and Washington Intersection Improvement Project (District III) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition. Background: On October 21, 2003, the City Council approved the improvement of the intersection of Pawnee and Washington. The project will require the acquisition of several parcels of land and easements. Two of the required acquisitions are commercial buildings located at 1001 and 1017 East Pawnee. The properties share a common owner. 1001 Pawnee has 22,388 square feet and is improved with a 1,410 square foot masonry auto repair facility and a 1,610 square foot metal garage. 1017 East Pawnee has 9,563 square feet and is improved with a 1,716 square foot concrete block commercial building. The project will encroach on the improvements on 1017 East Pawnee and will come within 7 feet of the improvements at 1001. Analysis: 1017 East Pawnee was appraised at $63,000. 1001 East Pawnee was appraised as a partial take for $16,960. The owner felt that the road would be so close to the improvements at 1001 East Pawnee after the project that a total acquisition would be required. The total property was valued at $137,000. The owner agreed to sell the two properties for this combined amount, $200,000. Instead of relocating, the tenant at 1001 East Pawnee has offered to buy the improvements and 17,085 square feet of the site for $110,000 financed with at 7.5%, 30-year term, 5 year balloon note from the City. The remainder of the site will be combined with 1017 East Pawnee to provide a 11,300 square foot site with 70 feet of frontage that could be resold or used in further negotiations. Financial Considerations: The project funding source is General Obligation bonds and Federal monies. A budget of $240,000 is requested. This includes $200,000 for the acquisition, $30,000 for relocation, $8,000 for demolition and $2,000 for title work and closing costs. Legal Considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that the City Council approve the budget and authorize all necessary signatures. Agenda Item No. 10d. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0237 TO: Mayor and City Council Members SUBJECT: Partial Acquisition of 1151 North Main as a portion of 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 Ave. And Wichita St. to 15th St. and Broadway. Through 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 utilited to develop 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 St. from the adjacent owners. Analysis: Due to their size and configuration, the tracts being acquired are not developable by themselves. The majority of the tracts abut developed properties but lie outside the fenced, defined boundaries of the properties. The purchase price of similar tracts was reviewed to estimate market value. These amounts were offered to the adjacent property owners with several accepting the offers. The owner at 1151 N. Main has agreed to sell to the city his portion of the Union Pacific Railroad tract consisting of 3,800 square feet at $500. Financial Considerations: A budget of $650 is requested for the acquisition. This includes $500 for the acquisition and $150 for closing costs. 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. 10e. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0238 TO: Mayor and City Council Members SUBJECT: Acquisition of Property Near 11th Street and Indiana for the McAdams Neighborhood Revitalization Project (District I) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition Background: The McAdams revitalization and beautification project calls or the development of a pocket park and playground at the southeast corner of 11th & Indiana. The plans for the park require the acquisition of two parcels. One parcel, consisting of two lots located, is owned by Ms. Louise Gay. The site contains 6,875 square feet and is currently vacant. Analysis: The parcel was valued at $3,400 based on the sale values of similar properties. This amount was offered to the owner and the owner has agreed to sell for this amount. The site is currently open space and will become half of the proposed park. Financial Considerations: A budget of $4,000 is requested. This includes $3,400 for the acquisition and $500 for closing costs and title insurance. The revitalization plan includes $100,000 for the acquisition and development of the park. The funding source is the 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 Real Estate Purchase Contract and 2) Authorize all necessary signatures. Agenda Item No. _10f. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0239 TO: Mayor and City Council Members SUBJECT: Acquisition of 1941 South Bluff for the Dry Creek Basin Property Acquisition Project (District III) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition Background: There have been several, flooding incidents along the Dry Creek basin in East Wichita. As a result of this, the City Council approved a voluntary property acquisition program. The program calls for the acquisition of up to 16 residential properties that have habitable floors that are below the one hundred year flood elevation. One such property is 1941 South Bluff, which is owned by Jenny Crabb and Stephen Terronez, husband and wife. The site contains 13,834 square feet and is improved with a 1,192 square foot wood frame residence. Analysis: The city had the property appraised in January 2005. The appraised value of $95,000 was offered to the owner. The owner has agreed to sell the property for this amount. The improvements will be removed and the site maintained as open space. Financial Considerations: A budget of $100,000 is requested. This includes $95,000 for the acquisition, $4,500 for demolition and $500 for closing costs and title insurance. The funding source is the Storm Water Utility. Legal Considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that the City Council; 1) Approve the Real Estate Purchase Contract and 2) Authorize all necessary signatures. Agenda Item No. 10g. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0240 TO: Mayor and City Council Members SUBJECT: Permanent Easement at 2432 East Harry for Harry Street Improvement: Between I-135 and George Washington Boulevard (Districts I and II) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition. Background: The 2003 Capital Improvement Program includes a project to improve Harry between I-135 and George Washington Boulevard. The project provides for the reconstruction of Harry to provide four through lanes and a center two-way left turn lane. Analysis: The project requires the relocation of a traffic signal to a 5x5 foot site located adjacent to the sidewalk and current right of way at 2432 East Harry. The owners have agreed to accept $1,000 in exchange for the required permanent easement. Financial Considerations: Funds have been budgeted in the Capital Improvement Program for acquisitions for this project. The funding source will be General Obligation Bonds. A budget of $1,000 is requested for the acquisition. Legal Considerations: The Law Department has approved the easement as to form. Recommendation/Action: It is recommended that the City Council approve the budget and contract; authorize all necessary signatures. Agenda Item No. 10h. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0241 TO: Mayor and City Council Members SUBJECT: Acquisition of Drainage and Utility Easement at 6008 West 29th Street North (District V) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition. Background: The 2005 Capital Improvement Program includes a project to improve 29th, west of Hoover to 1/2 mile east of Ridge. To accommodate the planned improvements, utilities will have to be relocated from their current locations. During project design, it was discovered that a tract of land, shown to be dedicated right of way, remains in private ownership. Prior to this discovery, utilities had begun relocating onto the tract of land. The project plans have been designed dependent on this stretch of land being available for use. Analysis: The owner has agreed to accept $1,000 in exchange for the permanent easement necessary for utility relocation and drainage for the project. Financial Considerations: Funds are available in the Property Management Special Revenue Fund contingency. A budget of $1,000 is requested for the acquisition. Legal Considerations: The Law Department has approved the easement as to form. Recommendation/Action: It is recommended that the City Council approve the budget and agreement; authorize all necessary signatures. Agenda Item No. 10i. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0242 TO: Mayor and City Council Members SUBJECT: Acquisition of Permanent Easement for Integrated Local Water Supply Plan INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition. Background: On August 3, 1993 the City Council approved the Water Supply Plan prepared by Burns & McDonnell/MKEC Engineering Consultants. The Plan identified cost-effective water resource projects to meet the City's future water needs. On October 10, 2000 City Council approved the projects and implementation of the plan. One portion of the Water Supply Plan is the groundwater recharge project which includes the capture of above base flow water (water which is generated from rainfall runoff above the base river flow) in the Little Arkansas River, the transfer to and storage of captured water in the aquifer, and the recovery and use of this water to meet future demands for the City of Wichita. Analysis: Nine sites were identified as necessary for the capture of above base flow water and six sites were identified as necessary for the location of water treatment, recharge/recovery wells, recharge well, or recharge basins. Fourteen sites have been purchased or are under contract. The owner of the last site has agreed to grant the required easements for $18,360. In addition, the City has agreed to provide two water meters and place a PVC line under a railroad corridor. The cost of these two items is estimated at $6,200. Financial Considerations: A budget of $25,000 is requested; this includes $24,560 for acquisition and $440 for title work, title insurance and closing costs. Funding for this project is included in the CIP in W-549, Water Supply Plan Phase III, which has an available funding of over $7.6 million Legal Considerations: The Law Department has approved the contracts as to form. Recommendation/Action: It is recommended that the City Council; 1) Approve the Budget; 2) Approve the permanent easement; and 3) Authorize all necessary signatures. Agenda Item No. 11. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0243 TO: Mayor and City Council Members SUBJECT: Sale of Surplus Property Located Near the 5500 Block of South Spruce (District III) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the sale. Background: An offer has been received for the City-owned parcel located north of Sewer Plant 2 near the 5500 block of South Spruce. The property has approximately 1.79 acres and is currently undeveloped. The site is zoned Residential. The property was acquired for access to the river levee but is no longer needed for this purpose. The parcel has been the site of considerable illegal dumping and several fires. The parcel is landlocked unless access is provided though the mobile home park to the north and west or through the City's ownership to the south. This tract was approved as surplus to the needs of the City Council on June 8, 2004 and has been marketed since approval. . Analysis: The owners of the adjacent mobile home park have offered $500 for the parcel. It is not currently served by utilities and the lack of demand for sites makes it cost prohibitive to develop. The buyers have no immediate plans for the site. They are acquiring it so that they can better prevent illegal access and dumping and so they can clean up the site. . Financial Considerations: The City will receive cash consideration from the sale of the property at closing. In addition, it will return to the tax rolls and the City will be relieved of maintenance costs and liability. Legal Considerations: The Law Department has approved the contracts as to form. Recommendation/Action: It is recommended that the City Council; 1) Approve the Real Estate Purchase Contracts; and 2) Authorize all necessary signatures. Agenda Item 12. CITY OF WICHITA City Council Meeting March 22, 2005 Agenda Report No. 05-0244 TO: Mayor and City Council Members SUBJECT: Settlement of Lawsuit-Courter v. City of Wichita (Dist. V) INITIATED BY: Law Department AGENDA: Consent _________________________________________________________________ Recommendation: Authorize payment of $11,507.09 in full settlement of Courter v. City of Wichita, Case No. 04 CV 1554. Background: On March 29, 2003, the City's newly installed pump station near 21st Street North and 119th Street West failed and there was a significant sewer back-up in several homes in the Teal Brook Addition which is located just south of 21st Street North and about 1/2 mile west of 119th Street West. The failure of the pump station to operate properly was either a failure of the computer control system or some other mechanical failure. Analysis: The City is ultimately responsible for this failure. Further investigation may reveal that the fault is that of the City's contractor or one of its subcontractor's who recently installed the pump station and its control facilities. Mr. Courter's claim is for damage to his residence and personal property caused by the sewer back-up. Financial Considerations: The settlement will be paid by the Water and Sewer Utility. The City will seek recover of the payments made to Courter and other claimants in this subdivision from the general contractor and/or its supplier if it is determined that it was their negligence that caused the back-up. Legal Considerations: The City is responsible for the back-up and the consequent property loss in the Teal Brook Addition. The Law Department recommends payment of $11,507.09 as fair compensation for the Courter claims and pursuing repayment for all of these costs from the general contractor and/or its suppliers. Recommendations/Actions: Authorize payment of $11,507.09 in full settlement of the lawsuit filed by Richie Courter. Agenda Item 13. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0245 TO: Mayor and City Council SUBJECT: Settlement of Lawsuit - Alice Foster INITIATED BY: Law Department AGENDA: Consent ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Recommendation: Authorize payment of $75,000.00 as a full settlement of all possible claims arising out employment with the City. Background: Plaintiff, a former employee, claims sexual harassment and discrimination. She also claims to have been constructively discharged, by resigning due to the harassment. Analysis: After investigating the claims asserted in the lawsuit, evaluating facts, and considering the risks of trial, the City determined that a resolution of this matter was appropriate. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $75,000.00 as full settlement of all claims arising out of the plaintiff's employment. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Financial Considerations: Funding for this settlement payment is from the City's Tort Liability Fund Legal Considerations: The Law Department recommends acceptance of the offer of settlement. Recommendations/Actions: Authorize payment of $75,000.00 as a full settlement of all possible claims arising out of the plaintiff's employment. Agenda Item 14. City of Wichita City Council Meeting March 22, 2005 Agenda Report No. 05-0246 TO: Mayor and City Council SUBJECT: Grant Application - Drug Court Enhancement INITIATED BY: Law Department and Municipal Court AGENDA: Consent Recommendation: Approve the grant application. Background: The Wichita Municipal Drug Court Program, created in 1995, was one of the first 100 established nationwide and was the first established in Kansas. The Drug Court is a deferred judgment program that provides a non-traditional, therapeutic approach to dealing with criminal offenders who are substance abusers. The judge, prosecutor, probation officer and treatment provider work as a team using a non-adversarial approach to encourage and promote substance free behavior. The components of the program include intensive treatment, regular court appearances, random drug testing, education and counseling. The primary mission of the Drug Court is to rehabilitate the participant through intensive drug and alcohol treatment with accountability and responsibility being key components of the overall program. The Drug Court Program is a successful program with a seven percent (7%) recidivism rate among its graduates. Since the year 2000, there have been 1,437 accepted on the diversion program, a 66 percent graduation rate and 160 currently in the program. Although the program is successful, there has been a significant decline in the number of applicants despite an increasing number of drug/drug related charges. The decline is due in part to: 1) The perception that Drug Court is "too hard"; and, 2) The increasing cost of treatment, an essential element of the program. Analysis: The U.S. Department of Justice, Bureau of Justice Assistance is accepting grant proposals for improvement and enhancement of drug courts. The Court is seeking funds to expand the program to offer the same resources available to Drug Court defendants to those defendants in our community who have been placed on probation. The focus of the enhanced program will be toward repeat offenders who have failed traditional adjudication and treatment. These defendants are substance abusers who continue to come back to the Municipal Court for additional "petty" crimes. Many of these defendants cannot keep a job due to their addiction; therefore, they are unable to pay for treatment. Grant funds are sought to pay treatment costs and to support on-going training for the Drug Court staff. Financial Considerations: The proposed grant application totals $335,075. The federal share of the grant is $200,000. The grant will pay probationers' treatment costs and on-going training for the Drug Court staff. The grant requires a minimum 25 percent matching funds. The City's match will be provided by in-kind funding of $85,075 and $50,000 cash match with local funds already budgeted in the 2005 budget. Legal Considerations: None Recommendations: It is recommended the City Council approve the grant application and authorize the Mayor to sign the grant application and grant assurances. 05-0246 Attachment Budget Detail Worksheet A. Personnel List each position by title and name of employee. Show the Annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant's organization. Name/Position Salary Computation Cost Jennifer L. Jones Administrative Judge $ 85,530 x 25% $ 21,383 Penny Watson, Prosecutor $ 54,060 x 30% $ 16,218 Cherie Nelson Probation Officer $ 46,860 x 70% $ 32,802 Donte Martin Coordinator/Assist. To Director $ 48,310 x 15% $ 7,247 Kay Gales Court Administrator $74,260 x 10% $ 7,426 Total $ 85,075 Budget Narrative Salaries for personnel involved in the City of Wichita Drug Court. Percentage of time spent working on Drug Court factored in to obtain personnel costs for staffing Drug Court. B. Fringe Benefits Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are for the personnel listed in budget category (A) and only for the percentage of time devoted to the project. B. Fringe Benefits Total $ 0 C. Travel/Training Itemize travel expenses of project personnel and purpose (e.g. staff to training, field interviews, advisory group meeting, etc). Show the basis of (e.g. six people to 3-day training at $x airfare, $x lodging, $x per diem). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the destination of travel, if known. Purpose of Travel Destination Item Computations Cost Drug Court Coordinator Training Dallas, TX Meals 1 team member x $51/day x 5 days + $20 $275 Drug Court Treatment Provider Training Dallas, TX Meals 1 team member x $51/day x 5 days + $20 $275 Drug Court Community Supervision Training Reno NV Meals 1 team member x $31/day x 5 days + $13 $170 Drug Court Prosecutor Training Reno NV Meals 1 team member x $31/day x 5 days + $13 $170 Drug Court Ensuring the Sustainability of Drug Court Programs Baltimore, MD Meals 1 team member x $45/day x 3 $135 2006 Annual Drug Court Training Conference Undetermined Destination Meals 7 team members x $47/day x 4 days + $140 $1,455 2007 Annual Drug Court Training Conference Undetermined Destination Meals 7 team members x $47/day x 4 days + $140 $1,455 Site Visit - Other Drug Court Year 2005 Buffalo, New York Meals 4 team members x $43/day x 3 days $515 Site Visit - Other Drug Court Year 2005 Jackson County Drug Court, Kansas City, Mo. Meals 4 team members x $47/day x 3 days $565 Site Visit - Other Drug Court Year 2006 Nashville, Tenn. Meals 4 team members x $47/day x 3 days $565 Site Visit - Other Drug Court Year 2007 Norman, Okla. Meals 4 team members x $31day x 3 days $375 Total Meals $5,955 C. Travel/Training (con't) Purpose of Travel Destination Item Computations Cost Drug Court Coordinator Training Dallas, TX Lodging 1 team member x $111 x 5 days $560 Drug Court Treatment Provider Training Dallas, TX Lodging 1 team member x $111 x 5 days $560 Drug Court Community Supervision Training Reno NV Lodging 1 team member x $110/day x 5 days $550 Drug Court Prosecutor Training Reno NV Lodging 1 team member x $110/day x 5 days $550 Drug Court Ensuring the Sustainability of Drug Court Programs Baltimore, MD Lodging 1 team member x $150/day x 3 days $450 2006 Annual Drug Court Training Conference Undetermined Destination Lodging 7 team members x $150/ay x 4 days $4,200 2007 Annual Drug Court Training Conference Undetermined Destination Lodging 7 team members x $150/ay x 4 days $4,200 Site Visit - Other Drug Court Year 2005 Buffalo, New York Lodging 4 team members x $81/day x 3 days $975 Site Visit - Other Drug Court Year 2005 Jackson County Drug Court, Kansas City, Mo. Lodging 4 team members x $98/day x 3 days $1,175 Site Visit - Other Drug Court Year 2006 Nashville, Tenn. Lodging 4 team members x $94/day x 3 days $1,130 Site Visit - Other Drug Court Year 2007 Norman, Okla. Lodging 4 team members x $65/day x 3 days $780 Total Lodging $15,130 Purpose of Travel Destination Item Computations Cost Drug Court Coordinator Training Dallas, TX Registration 1 team member x $750 $750 Drug Court Treatment Provider Training Dallas, TX Registration 1 team member x $750 $750 Drug Court Community Supervision Training Reno NV Registration 1 team member x $750 $750 Drug Court Prosecutor Training Reno NV Registration 1 team member x $750 $750 Drug Court Ensuring the Sustainability of Drug Court Programs Baltimore, MD Registration 1 team member x $750 $750 2006 Annual Drug Court Training Conference Undetermined Destination Registration 7 team members x $500 $3,500 2007 Annual Drug Court Training Conference Undetermined Destination Registration 7 team members x $500 $3,500 Site Visit - Other Drug Court Year 2005 Buffalo, New York Registration None $0 Site Visit - Other Drug Court Year 2005 Jackson County Drug Court, Kansas City, Mo. Registration None $0 Site Visit - Other Drug Court Year 2006 Nashville, Tenn. Registration None $0 Site Visit - Other Drug Court Year 2007 Norman, Okla. Registration None $0 Total Registration Fees 10,750 C. Travel/Training (con't) Purpose of Travel Destination Item Computations Cost Drug Court Coordinator Training Dallas, TX Transportation 1 team member x $400 - Coach + Taxi to/from airport $460 Drug Court Treatment Provider Training Dallas, TX Transportation 1 team member x $400 - Coach + Taxi to/from airport $460 Drug Court Community Supervision Training Reno NV Transportation 1 team member x $400 - Coach + Taxi to/from airport $460 Drug Court Prosecutor Training Reno NV Transportation 1 team member x $400 - Coach + Taxi to/from airport $460 Drug Court Ensuring the Sustainability of Drug Court Programs Baltimore, MD Transportation 1 team member x $260 Coach + Taxi to/from airport $320 2006 Annual Drug Court Training Conference Undetermined Destination Transportation 7 team member x $400 Coach + $60x7 Taxi to/from airport $3,220 2007 Annual Drug Court Training Conference Undetermined Destination Transportation 7 team member x $400 Coach + $60x7 Taxi to/from airport $3,220 Site Visit - Other Drug Court Year 2005 Buffalo, New York Transportation 4 team members x $250 Coach + $120 x 4 Taxi to/from airport/court $1,480 Site Visit - Other Drug Court Year 2005 Jackson County Drug Court, Kansas City, Mo. Transportation 4 team members - 398 miles x $.405 per mile plus $15 Toll $176 Site Visit - Other Drug Court Year 2006 Nashville, Tenn. Transportation 4 team members x $325 Coach + $120 x 4 Taxi to/from airport/court $1,780 Site Visit - Other Drug Court Year 2007 Norman, OK. Transportation 4 team members - 360 miles x $.405 per mile + 60 miles to/from Court x $.405 + $15 Toll $175 Total Transportation $12,210 C. Total Training Costs Total Meals $5,955 Total Lodging $15,130 Total Registration Fees 10,750 Total Transportation $12,210 Total Training Costs $44,045 Budget Narrative Total costs for Drug Court staff to attend training sessions throughout the United States. Costs figured using the City of Wichita Travel and Training Administrative Regulation 3.1 as well as IRS Publication 1542. Both documents were used to figure allowable rates for meals, lodging, and transportation. Registration costs were figured using rates from the National Drug Court Institute (NDCI) and the National Association of Drug Court Professionals (NADCP) 2005 schedule of conferences and training. D. Equipment Equipment Costs $ -0- E. Supplies Supply Costs $ -0- F. Construction Construction Costs $ -0- G. Contractual -- Drug Treatment Costs Description Computations Costs Drug Treatment Costs - Federal request Avg. 65 probationer participants x 2 years at $1,200 annual treatment costs. $155,955 Drug Treatment Costs - Cash Match Avg. 20 divertee participants x $1,200 x 2 years $ 50,000 Total Treatment Costs $205,955 Budget Narrative Costs figured using the City of Wichita contracted rate with COMCARE -- Addiction Treatment Services. Figured $200,000 enhancement grant minus $44,045 amount designated for training. The difference is $155,955. Cost of treatment is $1,200 per participant (assuming highest level of treatment required). Divided total amount remaining for treatment ($155,955) by treatment cost per participant ($1,200). This allows us to extend Drug Court services to 130 offenders over a two-year period. This is in addition to the maximum 400 offenders we're currently capable of serving annually H. Other Costs Other Costs $ -0- I. Total Indirect Costs Total Indirect Costs $ -0- Budget Detail Worksheet Breakdown each category (A - I) into Federal and local share. Category Total Federal Local A. Personnel $ 85,075 $ 85,075 B. Fringe Benefits -0- -0- -0- C. Travel/Training $ 44,045 $ 44,045 D. Equipment -0- -0- -0- E. Supplies -0- -0- -0- F. Construction -0- -0- -0- G. Treatment Costs $205,955 $155,955 $ 50,000 H. Other Costs -0- -0- -0- I. Indirect Costs -0- -0- -0- Total Project Costs $335,075 $200,000 $135,075 Federal Request $200,000 Non-Federal Amount $135,075 Budget Narrative Total program costs based on receiving $200,000 enhancement grant. $44,045 will be used for travel/training; the remaining $155,955 will be used for the treatment of probationers. The City of Wichita match is in kind labor through personnel that staff Drug Court and cash match to subsidize the treatment of non-probation offenders participating in Drug Court. Budget Summary Instructions: When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the Federal funds requested and the amount of non-Federal funds. Budget Category Amount A. Personnel - In-Kind $ 85,075 B. Fringe Benefits -0- C. Travel/Training $ 44,045 D. Equipment -0- E. Supplies -0- F. Construction -0- G. Treatment - Federal $155,955 Treatment - Local (cash match) $ 50,000 H. Other Costs -0- I. Indirect Costs -0- Total Direct Costs $335,075 Total Indirect Costs $ -0- TOTAL PROJECT COSTS $335,075 Federal Request $200,000 Non-Federal Amount (67.5%) $135,075 Agenda Report No. 14 - ATTACHMENT - Budget Narrative Total project costs including $135,075 City of Wichita match (67.5%) and $200,000 enhancement grant. $155,955 is designated for treatment and the remaining $44,045 designated for travel/training. Agenda Item #05-0246 Attachment City of Wichita, Kansas Drug Court Discretionary Grant Program Adult Drug Court Enhancement Grant Application 2005-F2055-KS-DC Submitted to: Bureau of Justice Assistance Office of Justice Programs U.S. Department of Justice March 31, 2005 Program Narrative A. Applicant Contact Information 1. George R. Kolb, City Manager 2. City of Wichita, Kansas 3. 455 N. Main, Wichita, Kansas 67202 4. Phone (316) 268-4351 5. Fax (316) 268-4519 6. gkolb@wichita.gov B. Size of Jurisdiction 1. 354, 617 2. Urban 3. Local municipality 4. Wichita, Sedgwick County, Kansas C. Type of Drug Court Application 1. Category II: Adult Drug Court Enhancement Grant D. This enhancement grant will not be used to target DUI offenders E. The City of Wichita has not been designated as an Empowerment Zone or an Enterprise Community by the U.S. Department of Housing and Urban Development F. The City of Wichita has not received a planning grant from the Drug Court Discretionary Grant Program and has not participated in the Drug Court Planning Initiative. G. The City of Wichita received an enhancement grant from OJP in 1997. No. 7-Z159-KS-DC H. The City of Wichita is not requesting federal funding to support an automated information system or a process/outcome evaluation. I. Statement of Need A. Introduction Annually, the City of Wichita Municipal Court addresses approximately 4,000 drug and alcohol related cases on its criminal court docket. This number does not include driving under the influence (DUI) cases that are handled on a separate DUI court docket. The drug and alcohol related cases include charges of possession of marijuana, possession of paraphernalia, transport open container, consumption of alcohol by a minor, consumption of alcohol in public, etc. On a first conviction, these defendants would typically receive a controlling jail sentence, a fine, be required to attend a drug and alcohol education class, and then be placed on a non-reporting probation. Many defendants learn from their experience in Municipal Court; however, judges and prosecutors quickly noted that many of the new cases on the criminal docket involved offenders who had prior convictions for the same type charges- the repeat offenders. For persons convicted of a second or subsequent drug and/or alcohol case, the penalties are enhanced. The individual is put on a reporting probation, ordered to get a drug and alcohol evaluation and follow the recommendations. Random urinalysis testing is required. Still, in many cases this is not enough. Many of the criminal offenders with substance abuse problems cannot afford the treatment necessary to help overcome their addiction. They continue to commit crimes to "feed" their drug habit. They get caught shoplifting, smoking dope in the city parks, buying and selling drugs, prostituting themselves, etc. They come back into the Municipal Court system and thus perpetuate the "revolving door syndrome." Due to time, money, and personnel constraints, we are not always able to adequately deal with these individuals. If the City of Wichita Drug Court Program receives the enhancement grant, it is these individuals that we want to work with and help. B. Current Program Structure The City of Wichita Drug Court program affords defendants who have criminal charges of possession of marijuana and/or possession of paraphernalia an opportunity to keep their criminal record free of a conviction for the offense(s) charged. It also renders assistance to persons who recognize, acknowledge, and seek help for their addiction. The program does this by providing a highly structured environment of court review hearings and treatment. The City of Wichita Drug Court "team" consists of four members; the judge, prosecutor, probation officer, and the treatment provider. Defense counsel participates only when requested by the defendant. The probation officer and treatment provider have been on the team for seven years; the prosecutor has been a team member for three years; and the judge, the newest member, has been with the program for two years. All members of the team work well together in a professional manner and respect each other's area of expertise. Members of the team recognize that the primary goals of the Drug Court program are to alleviate court crowding, reduce substance abuse, reduce recidivism, and keep non-violent offenders out of jail. To that end, the Drug Court has processed over 2,000 cases that would have been heard in the traditional court. Over 1,000 individuals have graduated from the program since August 1995. Acceptance into the Drug Court program is by application and review. The prosecutor looks at the application, police reports, and the individual's prior criminal history, if any. Based on specific criteria (set out in the policy and procedure manual), the applicant is accepted or rejected. Those that are rejected have an opportunity to set their case for trial, hire an attorney to represent them, or plead guilty to the charge(s). Individuals accepted into the program sign a Deferred Judgment Agreement with the City of Wichita wherein they plead guilty to the charge(s). Their guilty plea is accepted and judgment is deferred for one year to give them an opportunity to complete the program. Participants also promise to: 1. Attend monthly court review hearings; 2. Attend treatment; 3. Be drug and alcohol free during the program; 4. Not violate any laws of the City, State, or Federal government; 5. Pay court costs; 6. Pay treatment costs; 7. Update address information if they move; 8. Not carry any deadly or dangerous weapons; and 9. Have random urinalysis testing. After signing the Agreement, participants are given a new court date and scheduled an appointment with COMCARE - Addiction Treatment Services, the City's Drug Court treatment provider, to have their initial intake evaluation. During the intake evaluation, a treatment program is tailored to the individual's specific needs. The first urinalysis test is also performed at this time. During the year, participants attend monthly court review hearings. Prior to the court hearing each case is staffed by the Drug Court team. They meet to discuss treatment compliance, urinalysis test results, status of payments, etc. If an individual is doing well and following the program directives, another monthly review hearing is scheduled. However, if there are problems or concerns with a participant's progress, special attention is given and recommendations are specifically tailored to that individual's violation(s). If a Drug Court participant has violated a term/condition of the program, the judge will impose a sanction. A sample list of possible sanctions include: PROBLEM SANCTION Missed treatment Assign hours of community service Missed urinalysis test Warning on first, jail on second and subsequent Positive urinalysis test Jail. The amount of jail time will increase with every positive UA. First time offenders may be allowed to schedule their time for the weekend or may be able to serve their time in the work release program if space is available Frequent trips out of town Limit ability to travel The Drug Court also recognizes the great strides so