FEBRUARY 7, 2006 AGENDA REPORT Agenda Item No. 5a. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0095 TO: Mayor and City Council Members SUBJECT: Petition to pave part of an alley between Hillside and Lorraine, south of Central (District I) 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, which is a zone change requirement, will pave an alley adjacent to a medical office. Financial Considerations: The Petition totals $20,000. 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 a majority of property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petition, adopt the Resolution and authorize the necessary signatures. Agenda Item No. 7. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0140 TO: Mayor and City Council and City Council Members SUBJECT: Street Closures related to the Central Rail Corridor Project (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the street closures. Background: Dondlinger & Sons Construction Co., Inc. is the contractor for the Central Rail Corridor Project and temporary arterial street closures will be required during different phases of the construction. Because of the construction of bridges adjacent to arterial traffic and because so much of the work can only be accomplished during short time windows when train movements can be scheduled, the contractor is requesting the approval of several short-term street closures as necessary for safety and efficiency. Later this summer after the bridge abutments are constructed, short-term street closures will again be needed to allow the placement of bridge beams. The limited right-of-way near the 1st and 2nd Street bridges will require some traffic restrictions and street closures. Cranes will be needed to lift and place T-wall sections near all of the arterial crossings. All necessary street closures would be kept to a minimum and would only be allowed with the agreement of the Project Consultant and the City's Project Engineer. Temporary closures will also be required at the crossings of Central, Murdock and 13th Streets as the BNSF railroad removes some of the existing concrete crossing material to be eventually reinstalled in their crossings on 29th, east of Broadway. Because the removal of this material will require the patching of the street once the material is removed and because these closures would be dependent on revising multiple train schedules, we are not able to determine the exact dates and times when the short term closures will be made. Requesting the street closure approval through the normal Council Agenda process may cause delays in the ability of the contractor to construct the project. Analysis: Dondlinger & Sons Construction Co., Inc. is responsible for the placement of the required detour and construction signs and barricades and the notification of area businesses and residents. When the Contractor submits a request for a street closure and the Project Consultant and City's Project Engineer agree that a short-term closure is needed, the contractor will install message boards at the closure site to inform the traveling public of the upcoming closure. The City Council will be informed of these closures through the Council Newsletter and the information will be shown on the City's weekly Construction Projects List. When short-term closures are required traffic will be detoured as follows: Central traffic will be detoured using St. Francis, Murdock and Washington streets. Murdock traffic will be detoured using St. Francis, Central and Washington streets. Eastbound 13th St. traffic will be detoured using Emporia, 17th and Mosley streets. Westbound 13th St. traffic will be detoured using Mosley, 17th and St. Francis streets. 2nd St. traffic will be detoured using Washington, Central and Topeka streets. 1st St. traffic will be detoured using St. Francis, Douglas and Washington streets. Financial Considerations: None. Legal Considerations: None. Recommendations/Actions: It is recommended that the City Council approve the short-term street closures as necessary for the duration of this project. Agenda Item No. 8a. CITY OF WICHITA City Council Meeting February 7, 2006 Agenda Report No. 06-0096 TO: Mayor and City Council Members SUBJECT: Contract for Appraisal Services for the Improvement of West Street from Maple to Central (District IV and VI). INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Approve the contract. Background: On October 18, 2005 the City Council approved the improvement of West Street between Maple and Central. The project will require the acquisition of all or part of 36 parcels. The tracts include residential, retail and commercial properties. Analysis: Proposals to provide appraisal services were solicited from seven firms qualified to perform both commercial and residential appraisals. Six proposals were received. Jack Randal Poteet & Associates was selected by the review committee based on qualifications, completion time and lowest cost. Based on their proposal, it is estimated that $57,000 will be sufficient to complete the assignment. Financial Considerations: Funding is available within the project budget for the cost of the appraisals. Project costs will be funded with general obligation bonds. Legal considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that the City Council approve the contract and authorize all necessary signatures. Agenda Item No. 8b. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0097 TO: Mayor and City Council SUBJECT: Agreement to Respread Assessments: Southern Ridge Addition (south of Pawnee, west of Maize) (District IV) INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve the Agreement. Background: The landowner, Maize Road, L.L.C., has submitted an Agreement to respread special assessments within Southern Ridge Addition. Analysis: The land was originally included in a number of improvement districts for several public improvement projects. The purpose of the Agreement is to respread special assessments on a fractional basis for each lot, therefore, distributing the cost of the improvements more fairly. Without the Agreement, the assessments will be spread on a square foot basis. Financial Considerations: There is no cost to the City. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Agenda Item No. 8c. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0098 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Construction Engineering and Staking in Equestrian Estates Addition (south of Harry, east of 127th Street East) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the water distribution system, sanitary sewer, drainage and paving improvements in Equestrian Estates Addition on October 15, 2005. On November 15, 2005 the City approved an Agreement with Poe & Associates of Kansas, Inc. to design the improvements. The Design Agreement with Poe requires Poe to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and Poe provides for construction engineering and staking the improvements. Due to the current workload created by previous projects, City crews are not available to perform the construction engineering and staking for this project. Financial Considerations: Payment to Poe be on a lump sum basis of $76,800 and will be paid by special assessments. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED NOVEMBER 15, 2005 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND POE & ASSOCIATES OF KANSAS, INC. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated November 15, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in EQUESTRIAN ESTATES ADDITION (south of Harry, east of 127th Street East). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING, AS BUILT AND CONSTRUCTION ENGINEERING (As per the City of Wichita Standard Construction Engineering Practices) WATER DISTRIBUTON SYSTEM NO. 448 89614 serving Lots 24 through 54 inclusive, Block 2; Lots 13 through 30 inclusive, Block 6, Equestrian Estates Addition (south of Harry, east of 127th Street East) (Project No. 448 89614). LATERAL 314, FOUR MILE CREEK SEWER serving Lots 24 through 53 inclusive, Block 2; Lots 13 through 20 inclusive, Block 6; Lot 23, Block 6, Equestrian Estates Addition (south of Harry, east of 127th Street East) (Project No. 468 83318). STORM WATER DRAIN NO. 179 serving Lots 24 through 54 inclusive, Block 2; Lots 13 through 30 inclusive, Block 6, Equestrian Estates Addition (south of Harry, east of 127th Street East) (Project No. 468 83319). TRIPLE CROWN from the east line of Lot 12, Block 6, to the south line of Equestrian Estates Addition; MUSTANG STREET, MUSTANG COURT and MUSTANG CIRCLE adjacent to Lots 24 through 44, Block 2; EQUESTRIAN CIRCLE adjacent to Lots 45 through 54, Block 2; EQUESTRIAN COURT, EQUESTRIAN STREET and EQUESTRIAN CIRCLE adjacent to Lots 16 through 30, Block 6, all in Equestrian Estates Addition (south of Harry, east of 127th Street East) (Project No. 472 83430) As-built of all areas included in the project mass grading plan will be the responsibility of the ENGINEER and shall be submitted and sealed by a licensed land surveyor or registered professional engineer. Final elevations for all areas to be graded per plans, provisions or otherwise, including street right-of-way, lots, easements, ponds and reserve areas, shall be within +/- 0.2' of plan call-outs, unless otherwise stated in plans or provisions. ENGINEER will be responsible to coordinate any rework with the contractor, regardless of the number of times necessary to achieve allowable tolerance, and will ensure that a minimum slope is maintained in all drainage easements, especially in such cases where the +/- tolerance could result in a less than desirable percent of grade. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the project engineer as soon as possible after completion of final grading, will show original plan and final as-built elevations at all original call-out locations. B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 448 89614 $ 9,900.00 468 83318 $ 15,700.00 468 83319 $ 8,700.00 472 83430 $ 42,500.00 TOTAL $ 76,800.00 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 ____________________, 2006. BY ACTION OF THE CITY COUNCIL _____________________________ Carlos Mayans, Mayor ATTEST: _____________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _____________________________ Gary Rebenstorf, Director of Law POE & ASSOCIATES OF KANSAS, INC. _____________________________ (Name & Title) ATTEST: _____________________________ Agenda Item No. 8d. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0099 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Staking in Evergreen 5th Addition (north of 37th Street North, east of Tyler) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the paving improvements in Evergreen 5th Addition on September 21, 2004. On December 20, 2005 the City approved an Agreement with Professional Engineering Consultants, P.A. (PEC) to design the improvements. The Design Agreement with PEC requires PEC to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and PEC provides for staking the improvements. Due to the current workload created by previous projects, City crews are not available to perform the staking for this project. Financial Considerations: Payment to Baughman will be on a lump sum basis of $15,000 and will be paid by special assessments. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED DECEMBER 20, 2005 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND PROFESSIONAL ENGINEERING CONSULTANTS, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated December 20, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in EVERGREEN 5TH ADDITION (north of 37th Street North, east of Tyler). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING AND AS-BUILT (as per the City of Wichita Standard Construction Engineering Practices) PARKDALE from the south line of Lot 20, Block 1, to the south right-of-way line of 29th Street North and on the Parkdale Courts (4) to and including the cul-de-sacs. Sidewalk to be constructed on the east side of Parkdale (south of 29th Street North, west of Maize) (Project No. 472 84103). As-built of all areas included in the project mass grading plan will be the responsibility of the ENGINEER and shall be submitted and sealed by a licensed land surveyor or registered professional engineer. Final elevations for all areas to be graded per plans, provisions or otherwise, including street right-of-way, lots, easements, ponds and reserve areas, shall be within +/- 0.2' of plan call-outs, unless otherwise stated in plans or provisions. ENGINEER will be responsible to coordinate any rework with the contractor, regardless of the number of times necessary to achieve allowable tolerance, and will ensure that a minimum slope is maintained in all drainage easements, especially in such cases where the +/- tolerance could result in a less than desirable percent of grade. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the project engineer as soon as possible after completion of final grading, will show original plan and final as-built elevations at all original call-out locations. B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 472 84103 $15,000.00 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 ____________________, 2006. BY ACTION OF THE CITY COUNCIL ____________________________ Carlos Mayans, Mayor ATTEST: ____________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _____________________________ Gary Rebenstorf, Director of Law PROFESSIONAL ENGINEERING CONSULTANTS, P.A. _____________________________ (Name & Title) ATTEST: ______________________________ Agenda Item No. 8e. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0100 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for the Hawthorne Addition (north of 21st, east of 127th Street East) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: On January 7, 2003, the City entered into an Agreement with MKEC Engineering Consultants, Inc. (MKEC) for designing water distribution system, sanitary sewer, drainage and paving improvements in Hawthorne Addition. The fee was $196,980.00. Analysis: An additional pond has been added to the scope of the project requiring adjustments to paving/incidental storm water sewer projects. A supplemental agreement has been prepared to authorize payment of the additional design work. Financial Considerations: Payment to MKEC be on a lump sum basis of $8,000 and will be paid by special assessments. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED JANUARY 7, 2003 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND MKEC ENGINEERING CONSULTANTS, INC. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated January 7, 2003) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in HAWTHORNE ADDITION (north of 21st, east of 127th Street East). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: Additional Pond added to the Scope of the Design. WILLIAMSGATE from the north line of 21st Street North to the west line of Lot 56, Block 6; SIDEWALK on both sides (north of 21st, east of 127th Street East) (Project No. 472 83644). B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 472 83644 $8,000.00 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 ____________________, 2006. BY ACTION OF THE CITY COUNCIL ______________________________ Carlos Mayans, Mayor ATTEST: _____________________________ Karen Schofield, City Clerk APPROVED AS TO FORM: _____________________________ Gary Rebenstorf, Director of Law MKEC ENGINEERING CONSULTANTS, INC. _____________________________ (Name & Title) ATTEST: _____________________________ Agenda Item No. 8f. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0101 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for West Street from Maple to Central (Districts IV & VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: On May 4, 2004, the City entered into an Agreement with Baughman Company, P.A. for designing improvements to West Street from Maple to Central. The fee was $209,300. Analysis: Central intersection has been added to the scope. A supplemental agreement has been prepared to authorize the additional design work. Financial Considerations: Payment to Baughman for the Supplemental Agreement will be made on a lump sum basis of $57,500, and will be paid by General Obligations Bonds. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MAY 4, 2004 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND BAUGHMAN COMPANY, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated May 4, 2004) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to WEST STREET FROM MAPLE TO CENTRAL (Project No. 472 83997) 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: Scope of Services to include the Central Intersection. B. PAYMENT PROVISIONS The fee in Section IV. A. shall be amended to include the following: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee amount of $57,500.00. C. COMPLETION The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY by___________________; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions of inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. D. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2006. CITY OF WICHITA ________________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY _________________________________ (Name and Title) ATTEST: _________________________________ Agenda Item No. 8g. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0102 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Hillside from Kellogg to Central (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: On April 17, 2001, the City entered into an Agreement with Baughman Company, P.A. for designing improvements to Hillside from Kellogg to Central. The fee was $196,000. The project was on hold for over 2 years due to difficulties with right-of-way condemnations. Further revisions to the plans were necessary to reduce or minimize additional right-of-way acquisitions. Additional funds are needed to cover costs and overhead to complete this project. Analysis: A supplemental agreement has been prepared to authorize the additional funding. Financial Considerations: Payment to Baughman for the Supplemental Agreement will be made on a lump sum basis of $17,325, and will be paid by General Obligations Bonds. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED APRIL 17, 2001 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 April 17, 2001) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to HILLSIDE FROM KELLOGG TO CENTRAL (Project No. 472 83361). 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: Because of the project duration, additional funds to cover costs and overhead are needed to complete the project. B. PAYMENT PROVISIONS The fee in Section IV. A. shall be amended to include the following: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement will increase the total contract by $17,325.00. C. COMPLETION The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY by__________________; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions of inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. D. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2006. CITY OF WICHITA __________________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY _________________________________ (Name and Title) ATTEST: _________________________________ Agenda Item No. 8h. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0103 TO: Mayor and City Council Members SUBJECT: Agreement for a Drainage Study and Concept Design Services for Cowskin Creek and a Private Pond (13th Street North, west of 119th Street West) (Districts V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The 2002 Capital Improvement Program includes funding for 13th Street Bridge improvements at Cowskin Creek. Analysis: The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides for a drainage study and concept design that will reduce the frequency of the Cowskin Creek from overtopping 13th Street North during significant rain events. The area west of the Cowskin is rapidly growing with six new large subdivisions being developed along 13th Street. Staff has identified existing conditions and possible solutions that can reduce the frequency of planned overtopping of 13th Street. The Staff Screening and Selection Committee selected MKEC for the design on December 6, 2005. Financial Considerations: Payment to MKEC will on a lump sum basis of $50,800, and will funded by General Obligation Bonds. The money used to fund this study concept is from the remaining 13th Street Cowskin Bridge budget. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and MKEC ENGINEERING CONSULTANTS, INC for COWSKIN CREEK AND A PRIVATE POND, (NORTH OF 13TH STREET NORTH AND WEST OF THE CREEK) THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; COWSKIN CREEK AND A PRIVATE POND, (NORTH OF 13TH STREET NORTH AND WEST OF THE CREEK) (Drainage Study & Concept Plan) (Project No. 472 83851) NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for a drainage study and a concept plan for the Cowskin Creek 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 payment plus partials made on the basis of the lump sum fee amount of $50,800.00 (Study/Concept). 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. CITY OF WICHITA _____________________________________ Carlos Mayans, Mayor SEAL: ATTEST: __________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: __________________________________________ Gary Rebenstorf, Director of Law MKEC ENGINEERING CONSULTANTS, INC. __________________________________________ (Name & Title) ATTEST: __________________________________________ EXHIBIT "A" SCOPE OF SERVICES Cowskin Creek and Private Pond (13th Street North, West of 119th Street West) (Drainage Study & Concept Plan) (Project No. 472 83851) Drainage study and concept design that will prevent the pond's water surface elevation, west of the Creek from becoming higher than the Creek's water surface elevation during storm events less than a 15-year return period. The design concept should include the removal of a low water crossing approximately a half-mile upstream of the 13th Street Bridge, determine the effects of where the Cowskin exceeds the creek's upstream banks, analyze the impacts of filling a berm up to 18-inches along the north street right-of-way, and evaluate a diversion structure between the pond and creek. The City measured the pond's high water elevation, three feet above the creek's water surface elevation following the June 11, 2005 storm event. During the Discovery Phase the ENGINEER is to meet with the landowners, other interest groups, DAB, the City's Design Council, City staff, and City Council to determine the project's scope of improvements and the design criteria. Preliminary costs shall be estimated for each proposed option. Following the completion of the Discovery Phase, the ENGINEER will prepare an approved Design Concept for the improvement. The ENGINEER is to make presentations of the conceptual design alternatives to associations and boards, City staff, and City Council and revise the designs as necessary to secure approval by the City Council of a final concept. The ENGINEER shall prepare a scaled layout of the approved concept, and a written document stating the scope of physical improvements to be included in the project, and the design goals and issues to be addressed when Final Design plans are prepared. A preliminary cost estimate of the approved concept is to be prepared by the ENGINEER. · Concept Design & Study is Due April 2006 Agenda Item No. 8i. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0104 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Construction Engineering and Staking in Prairie Pond Plaza Addition (north Kellogg, east of 143rd Street East) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the storm water drainage improvements in Prairie Pond Plaza Addition on January 4, 2005. On July 12, 2005 the City approved an Agreement with Baughman Company, P.A. to design the improvements. The Design Agreement with Baughman requires Baughman to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and Baughman provides for construction engineering and staking the improvements. Due to the current workload created by previous projects, City crews are not available to perform the construction engineering and staking for this project. Financial Considerations: Payment to Baughman will be on a lump sum basis of $13,625 and will be paid by special assessments. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED JULY 12, 2005 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND BAUGHMAN COMPANY, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated July 12, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in PRAIRIE POND PLAZA ADDITION (north of Kellogg, east of 143rd Street East). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING, AS-BUILT AND CONSTRUCTION ENGINEERING (as per the City of Wichita Standard Construction Engineering Practices) STORM WATER DRAIN NO. 267 serving Lots 1 through 4, Block A; Lots 1 and 2, Block B, Prairie Pond Plaza Addition (north of Kellogg, east of 143rd Street East) (Project No. 468 84014). As-built of all areas included in the project mass grading plan will be the responsibility of the ENGINEER and shall be submitted and sealed by a licensed land surveyor or registered professional engineer. Final elevations for all areas to be graded per plans, provisions or otherwise, including street right-of-way, lots, easements, ponds and reserve areas, shall be within +/- 0.2' of plan call-outs, unless otherwise stated in plans or provisions. ENGINEER will be responsible to coordinate any rework with the contractor, regardless of the number of times necessary to achieve allowable tolerance, and will ensure that a minimum slope is maintained in all drainage easements, especially in such cases where the +/- tolerance could result in a less than desirable percent of grade. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the project engineer as soon as possible after completion of final grading, will show original plan and final as-built elevations at all original call-out locations. B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: Project No. 468 84014 $13,625.00 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 ____________________, 2006. BY ACTION OF THE CITY COUNCIL ______________________________ Carlos Mayans, Mayor ATTEST: ______________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ______________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ______________________________ (Name & Title) ATTEST: ______________________________ Agenda Item No. 9a. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0105 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Emerald Bay Estates (west of West Street, north of 21st) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system, sanitary sewer, drainage and paving improvements in Emerald Bay Estates on January 24, 2006. Analysis: The proposed Agreement between the City and Ruggles & Bohm, P.A. (R&B) provides for the design of bond-financed improvements consisting of water distribution system, sanitary sewer, drainage and paving in Emerald Bay Estates. Per Administrative Regulation 7a, staff recommends that R&B 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 R&B will be on a lump sum basis of $280,100 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 RUGGLES & BOHM, P.A. for EMERALD BAY ESTATES THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, 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; WATER DISTRIBUTION SYSTEM NO. 448 90161 serving Lots 1 through 60, Block 1; Lots 1 through 3, Block 2, Emerald Bay Estates and Unplatted Tract A (west of West Street, north of 21st) (Project No. 448 90161). WATER DISTRIBUTION SYSTEM NO. 448 90162 serving Lots 1 through 60, Block 1; Lots 1 through 3, Block 2, Emerald Bay Estates (west of West Street, north of 21st) (Project No. 448 90162). LATERAL 1, MAIN 23, SOUTHWEST INTERCEPTOR SEWER serving Lots 1 through 60, Block 1; Lots 1 through 3, Block 2, Emerald Bay Estates (west of West Street, north of 21st) (Project No. 468 84139). MAIN 23, SOUTHWEST INTERCEPTOR SEWER serving Lots 1 through 60, Block 1; Lots 1 through 3, Block 2, Emerald Bay Estates and Unplatted Tract A (west of West Street, north of 21st) (Project No. 468 84141). STORM WATER DRAIN NO. 286 serving Lots 1 through 60, Block 1; Lots 1 through 3, Block 2, Emerald Bay Estates and Unplatted Tract A (west of West Street, north of 21st) (Project No. 468 84140). BAYSIDE COURT from the west line of West Street to and including cul-de-sac; BAYSIDE from the north line Bayside Court to the north line of Paradise; PARADISE/PARADISE COURT from the south line of Emerald Bay Estates Addition to and including cul-de-sac. (west of West Street, north of 21st) (Project No. 472 84364). 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 Emerald Bay Estates Addition and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $5,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 448 90161 $ 41,300.00 Project No. 448 90162 $ 13,700.00 Project No. 468 84139 $ 36,200.00 Project No. 468 84141 $ 82,100.00 Project No. 468 84140 $ 46,200.00 Project No. 472 84364 $ 60,600.00 TOTAL $280,100.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ___________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ___________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________ Gary Rebenstorf, Director of Law RUGGLES & BOHM, 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 March 1, 2006. (Project No. 448 90161). b. Plan Development for the water improvements by April 5, 2006. (Project No. 448 90162). c. Plan Development for the sewer improvements by April 5, 2006. (Project No. 468 84139). d. Plan Development for the sewer improvements by April 5, 2006. (Project No. 468 84141). e. Plan Development for the drainage improvements by February 8, 2006. (Project No. 468 84140). f. Plan Development for the paving improvements by May 24, 2006. (Project No. 472 84364). Agenda Item No. 9b. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0106 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Mascot from 29th Street North to 31st Street North (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the paving project on November 1, 2005. Analysis: The proposed Agreement between the City and Certified Engineering Design, P.A. provides for the design of paving Mascot from 29th Street North to 31st Street North. The Staff Screening & Selection Committee selected Certified for the design on December 9, 2005. Financial Considerations: Payment to Certified will be on a lump sum basis of $12,450, and will be paid by special assessments and General Obligations Bonds. 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 CERTIFIED ENGINEERING DESIGN, P.A. for MASCOT, 29TH STREET NORTH TO 31ST STREET NORTH THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and CERTIFIED ENGINEERING DESIGN, P.A., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; MASCOT from the north line of 29th Street North to the south line of 31st Street North. (north of 29th St. North, west of Arkansas Avenue) (Project No. 472 84298). NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing improvements to Mascot 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 $250,000.00 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 payment plus partials made on the basis of the lump sum fee amount of $12,450.00. During the progress of work covered by this agreement, partial payments may be made to the ENGINEER at intervals of one calendar month. The progress billings shall be supported by documentation acceptable to the City Engineer which shall include a project bar chart or other suitable progress chart indicating progress on the PROJECT and a record of the time period to complete the work, the time period elapsed, and the time period that remains to complete the work. Billings submitted during the progress of the work will be paid on the basis of satisfactory completion of major project tasks. The major tasks and accumulated partial payment amounts are listed below: Accumulated partial payments shall not exceed $6,225.00 (fifty percent of the maximum fee payment amount) until field check plans have been received and approved by the City Engineer for distribution to utility companies. Accumulated partial payments shall not exceed $8,715.00 (seventy percent of the maximum fee payment amount) until office check plans have been received and approved by the City Engineer for distribution to utility companies. Accumulated partial payments shall not exceed $9,960.00 (eighty percent of the maximum fee payment amount) until final utility plans allowing for utility relocations or adjustments for the PROJECT have been received and approved by the City Engineer for distribution to the utilities. 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. 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 CERTIFIED ENGINEERING DESIGN, P.A. ______________________________________ (Name & Title) ATTEST: ______________________________________ EXHIBIT "A" SCOPE OF SERVICES MASCOT from the north line of 29th Street North to the south line of 31st Street North. (north of 29th St. North, west of Arkansas Avenue) (Project No. 472 84298). 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 setting monuments of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Project Milestones. The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. (a) Completion of all work required by this agreement (including submittal of final approved plan tracings, field notes, and related PROJECT documents March 1, 2006. Agenda Item No. 9c. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0107 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Eberly Farm Office Park (east of 135th Street West, south of 21st) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system and sanitary sewer improvements in Eberly Farm Office Park on November 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 and sanitary sewer in Eberly Farm Office Park. Per Administrative Regulation 7a, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Financial Considerations: Payment to Baughman will be on a lump sum basis of $10,400 and will be paid by special assessments. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and BAUGHMAN COMPANY, P.A. for EBERLY FARM OFFICE PARK THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and BAUGHMAN COMPANY, P.A., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; WATER DISTRIBUTION SYSTEM NO. 448 90140 serving Lots 1 through 5, Block A, Eberly Farm Office Park (east of 135th Street West, south of 21st) (Project No. 448 90140). LATERAL 6, MAIN 3, NORTHWEST INTERCEPTOR SEWER serving Lots 1 through 5, Block A, Eberly Farm Office Park (east of 135th Street West, south of 21st) (Project No. 468 84109). 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 Eberly Farm Office Park 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 $1,000.00. 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 90140 $ 3,800.00 Project No. 468 84019 $ 6,600.00 TOTAL $10,400.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. A major change in the scope of services for the PROJECT. 4. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. CITY OF WICHITA ____________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _____________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. _______________________________ (Name & Title) ATTEST: _____________________________________ "EXHIBT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans; plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by February 20, 2006. (Project No. 448 90140). b. Plan Development for the sewer improvements by February 20, 2006. (Project No. 468 84109). Agenda Item No. 10. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0108 TO: Mayor and City Council Members SUBJECT: Change Order: Harry Improvement, between I-135 Freeway and George Washington Boulevard (Districts I & III) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On January 25, 2005, the City Council approved a construction contract with Cornejo & Sons, Inc. to improve Harry, between I-135 and George Washington Boulevard. After project letting, a number of additional work items were identified that should be addressed through a change order. They include: additional milling and asphalt overlay required to match existing pavement, additional signal wire conduit needed because existing conduit was crushed and could not be re-used, additional street signs were needed and a storm sewer was extended to improve drainage at Erie Street. Analysis: A Change Order has been prepared for the additional work. Funding is available within the project budget. Financial Considerations: The cost of the additional work is $61,374, with the total paid by a combination of City-at-Large ($12,274) and Federal Grants administered by the Kansas Department of Transportation ($49,100). The original contract amount is $1,164,631. This Change Order plus previous Change Orders represents 5.63% of the original contract amount. Legal Considerations: The Law Department has approved the Change Order as to legal form. The Change Order amount is within the 25% of construction contract cost limit set by City Council policy. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. December 23, 2005 PUBLIC WORKS-ENGINEERING CHANGE ORDER To: Cornejo & Sons Project: Harry from GeorgeWashington Boulevard to I-135 Change Order No.: 2 Project No:87N-0229-01/472-83686/ 448-89553/468-83460 Purchase Order No.: 500049 OCA No: 706851/636102/620344 CHARGE TO OCA No.: 706851 PPN: 203317/771500/662467 Please perform the following extra work at a cost not to exceed $61,373.46 Item #1 - During construction it was discovered that the grades of the existing pavement did not match the new curb grades to allow for the 65mm asphalt overlay. Contractor milled or replaced pavement as necessary. Item #2 - Contractor had to bore new traffic conduit under George Washington Boulevard because existing conduit was crushed and could not be re-used as originally planned. Item #3 - Adjust measured quantity bid items based on final field measurements. Item #4 - Some of existing storm sewer was determined to be in good condition and did not need replacement. Item #5 - Street signs were mis-numbered on the plans. Contractor had to remove incorrect signs and replace with correct numbers. Item #6 - Storm sewer was extended east from Volutsia to add an inlet at Erie and improve the drainage at that intersection. See attached. Recommended By: Approved: ______________________ ________ ________________________ ____ Lawrence Schaller, P.E. Date Jim Armour, P.E. Construction Engineer City Engineer Approved: Approved: ______________________ ______ _______________________ _____ Contractor Date Chris Carrier, P.E. Date Director of Public Works Approved as to Form: By Order of the City Council: _______________________ _____ Gary Rebenstorf Date Carlos Mayans Mayor Date Director of Law Approved: Attest:________________________ City Clerk _______________________ KDOT Metro Engineer Date ITEM #1 - Milling and additional pavement removal is required to allow 65mm overlay and designed cross slope. 50mm milling is needed 2.591m wide from Sta. 10+040.844 to Sta. 10+060.896, and from Sta. 10+240 to Sta. 10+267.702. Pavement removal and replacement will be 2.591m wide from Sta. 10+320 to Sta. 10+325.012 and 6.706m wide from Sta. 10+325.012 to Sta. 10+387.717. ADD: Milling (50mm) 123.73 sm @ 21.41 = 2,649.06 OVERRUN: Pvmt Removal 433.49 sm @ 6.50 = 2,817.69 Concr Pvmt (200mm)(Reinf) 433.49 sm @ 37.00 = 16,039.13 TOTAL 21,505.88 ITEM #2 - Contractor could not remove traffic cable from the existing conduit underneath George Washington Blvd. Conduit appears to be broken or crushed and cannot be used to route new cable. Contractor will bore new 50mm conduit under GWB to route cable to the controller. ADD: Install new traffic conduit 1.00 LS @ 3,410.00 = 3,410.00 TOTAL 3,410.00 ITEM #3 - Adjust measured quantity bid items based on final field measurements OVERRUN: Concr Pvmt (200 mm) (Reinf)(Drives) 321.00 sm @ 42.00 = 13,482.00 Asphalt Overlay Joint Saw 233.00 m @ 7.80 = 1,817.40 AC Level-up Course (50 mm-100 mm) 20.00 MT @ 39.00 = 780.00 TOTAL 16,079.40 ITEM #4 - Plans called to remove and replace existing 375 mm storm sewer pipe from the new inlets out to the 600mm storm sewer underneath Harry St. Existing 375 mm storm sewer on Lines 10, 11, and 12 was determined to be in good condition so the new pipe was extended out from the old inlet. The 600 mm storm sewer at Green was not in good condition and was replaced. UNDERRUN: Storm Sewer (375mm RCP) (39.00) m @ 100.00 = (3,900.00) OVERRUN: Storm Sewer (600mm RCP) 13.00 m @ 146.00 = 1,898.00 TOTAL (2,002.00) ITEM #5 - Plans called out incorrect street numbers on the street signs. Contractor had to remove incorrect signs and install new ones. ADD: Replace street signs 1.00 LS @ 700.00 = 700.00 TOTAL 700.00 ITEM #6 - After construction, heavy rains showed need for additional storm sewer at Harry and Erie. Storm sewer was extended east from Volutsia and an inlet was added at Erie. The west half of the valley gutter at Erie was replaced to provide better drainage to the inlet. ADD: Storm Sewer (375mm PVC) 90.00 m @ 116.00 = 10,440.00 Re-mobilization 1.00 LS @ 1,073.00 = 1,073.00 Additional site restoration 1.00 LS @ 920.00 = 920.00 Dowels for driveway replacement 1.00 LS @ 450.00 = 450.00 OVERRUN: Curb Inlet (Type 1) 1.00 ea @ 2,600.00 = 2,600.00 Pvmt Removal 98.70 sm @ 6.50 = 641.55 Sidewalk Removal 47.23 sm @ 2.00 = 94.46 Concr Pvmt (250mm) (Reinf)(VG) 43.92 sm @ 45.00 = 1,976.40 Concr Pvmt (200mm) (Reinf)(Pkg Lot) 37.77 sm @ 42.00 = 1,586.34 Sidewalk Pvmt (100mm) 47.23 sm @ 24.25 = 1,145.33 Wheelchair Ramp 1.00 ea @ 400.00 = 400.00 Comb. Curb & Gutter (150mm) 7.60 m @ 33.50 = 254.60 Edge Curb (150mm) 9.85 m @ 10.00 = 98.50 TOTAL 21,680.18 TOTAL = $61,373.46 Agenda Item No. 11a. CITY OF WICHITA City Council Meeting February 7, 2006 Agenda Report No. 06-0109 TO: Mayor and City Council Members SUBJECT: Acquisition of Utility Easement in the 2100 block of North 135th for the North Area Sewer Project (District V) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition. Background: On October 21, 2003, the City Council approved the construction of force mains; pump stations and gravity-flow sewer lines to serve northwest Wichita. The project requires the acquisition of easements on several tracts of land. Two easements remain to be acquired. One of the required easements is across the front of a vacant tract of land owned by the seller. Analysis: The project requires the acquisition of a 3,450 square feet permanent easement across the east 15 and 40 feet of a vacant tract in the 2100 block of North 135th. A temporary easement consisting of 17,550 square feet is also required across the east 85 and 100 feet of the property. The easement and temporary construction easement were valued at $3,500. This amount was offered to the property owner and accepted. Financial Considerations: A budget of $4,000 is requested for the acquisition. This amount includes $3,500 for the acquisition and $500 for closing costs and title insurance. The funding source is the sewer utility. Legal Considerations: The Law Department has approved the contact 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 all necessary signatures. Agenda Item No. 11b CITY OF WICHITA City Council Meeting February 7, 2006 Agenda Report No.06-0110 TO: Mayor and City Council Members SUBJECT: Acquisition of a portion of 1016 East Pawnee for Pawnee Widening Improvement Project from Washington to Hydraulic (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 and widening of Pawnee from Washington to Hydraulic. The project will require partial or total acquisition of 21 parcels. The parcel in question is the final parcel needed for the project. 1016 East Pawnee is the location of the Trinity Baptist Church. The main church parking lot is immediately east of the church across Ida. The project requires a 120 square foot triangle from the corner of the church site and 5,80 square feet from the parking lot. Analysis: The acquisition from the parking lot reduces the parking for the church below code requirements. To remedy this requires that a house north of the parking lot, owned by the church, be demolished and the site incorporated into the remainder of the existing parking lot. The new parking lot will be required to meet various landscaping, screening, and setback requirements per code. The cost of demolition and reconstruction has been estimated at $149,645. The land required for the project was valued at $4.50 per square foot or $23,850. The project will also require the removal and reconstruction of the church sign at a cost of $6,755. The total cost is $180,250. This amount was offered to the owner and accepted. Financial Considerations: The funding source for the project is General Obligation bonds and Federal monies. A budget of $181,250 is requested. This includes $173,495 for the acquisition, $6,755 for sign relocation, and $1,000 for title work and closing costs. Legal Considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that 1) The City Council approve the budget and 2) Authorize all necessary signatures. Agenda Item No. 11c. CITY OF WICHITA City Council Meeting February 7, 2005 Agenda Report No. 06-0111 TO: Mayor and City Council Members SUBJECT: Partial Acquisition of Land for a Temporary Construction Easement on the North Area Sewer Sanitary Line near Meridian and 53rd Street North (District VI) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition and easements. Background: On October 21, 2003, the City Council approved the construction, extension of a sanitary sewer line and pump lift station to provide service to newly developing areas in north Wichita. This project requires the acquisition of utility easements on 10 tracts of land for permanent easements and a lift pump station, utility easements to the facility and temporary construction easements on property owned by multiple landowners. Analysis: This last easement to acquire on the project is a 30-foot temporary construction easement consisting of approximately 32,109 square feet. The tract is presently improved as irrigated agricultural land. The property owner has agreed to provide the necessary easement to the city for $3,470, or approximately .10 cents per square foot. Financial Considerations: A budget of $3,820 is requested. This includes the $3,470 for the acquisition and damages, $350 for title work, closing costs, etc. The funding source is the sewer utility. 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 Real Estate Purchase Contract and 3) Authorize the Mayor to sign the necessary documents. Agenda Item No. 11d. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0112 TO: Mayor and City Council Members SUBJECT: Acquisition of Right of Way and Drainage Easement for Greenwich Road Improvement Project, 13th to 27th Street North (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Dedications. Background: On September 20, 2005, City Council approved a project to improve Greenwich Road, between 13th and 27th Street North. The project will reconstruct Greenwich to provide a 4 and 6-lane roadway and median for left turn lanes. The project required additional right-of-way. The last remaining necessary Right-of-Way, Construction and Drainage Easements are owned by Raytheon Aircraft Holdings, Inc. RAC is willing to grant the necessary 6.21 acres total of Right of Way, Temporary Construction Easements, and Drainage Easements for this project. Construction activities will result in the loss of a tree that provides screening for industrial activities and a security fence. As compensation for the damages to the trees and fence, Raytheon has agreed to accept funds sufficient to erect a solid concrete fence following the project's completion. Analysis: Compensation for Right-of-Way, easements and damages is $55,000.00. Financial Considerations: A budget of $55,000 is requested. Legal Considerations: The Law Department has approved the documents as to form. Recommendation/Action: It is recommended that the City Council approve the budget and easements; and authorize necessary signatures. Agenda Item No. 13. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0113 TO: Mayor and City Council SUBJECT: Emergency Sanitary Sewer Rehabilitation (District II) INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the emergency sewer line replacement, north of Central and east of Rock Road. Background: While performing routine cleaning in a sanitary sewer main, the head of the percussion cutter punctured the bottom of the sanitary sewer main and became partially lodged outside the main. This occurred at 640 North Rock Road. City crews were not able to dislodge the equipment from inside the main. In order to excavate the area, specialized equipment would be required due to the depth of the pipe, area groundwater and proximity of the sewer main to a town home. The equipment in the main was beginning to cause sewer problems for the area homeowners. Due to the severity of the situation, the City Manager approved proceeding with informal bids on an emergency basis. Analysis: It was necessary to have the repair done by an outside contractor. Staff met on site with several contractors to take informal bids to retrieve the equipment and repair the sewer main. It was decided excavation should be a last resort and alternative methods should be sought to dislodge the equipment, quickly followed with a cured-in-place liner to repair the damage. Utility Maintenance Contractors installs cured-in-place sewer liners and had a crew in town working on another City project. Utility Maintenance Contractors offered to bid on lining the sewer main, if others could retrieve the equipment. Staff made several additional attempts at removal and were successful. With Utility Maintenance Contractors on standby, the sewer main was repaired within two days after the equipment was removed from the main. Financial Considerations: Utility Maintenance Contractors submitted a bid of $12,900 to install the cured-in-place liner to repair the damage to the sewer main. Funds are available in Reconstruction of Old Sanitary Sewers (CIP S-4). The project will be funded from future sewer revenue bonds and/or Sewer Utility cash reserves. Legal Considerations: City Ordinance 2.64.020, "Public Exigency," authorizes the City Manager to approve work to be performed by a contractor without formal bidding. Recommendations/Actions: It is recommended that City Council affirm the City Manager's Public Exigency approval of the project and authorize the necessary signatures. Agenda Item 14. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0114 TO: Mayor and City Council Members SUBJECT: Declaration for Participation in Firefighters Relief Fund for 2006 INITIATED BY: Firemen's Relief Association AGENDA: Consent --------------------------------------------------------------------------------------------------------- Recommendation: Approve Declaration for Participation in Firefighters Relief Association for 2006 and authorize Mayor to sign. Background: The Declaration for Participation must be executed and filed each year to allow the local Firefighters Relief Association to participate in the distribution of the State Firefighters Relief Fund Tax. This Firefighters Relief Fund Tax distribution will be from all fire and lightning insurance premiums collected. The certification indicates that the Wichita Fire Department is a full paid, public fire department with 405 salaried firefighters, and has fire apparatus and necessary equipment that is in serviceable condition with a value exceeding $20,000,000.00. Analysis: By State Statue, two percent of the total premium on fire and lightning insurance written within the State during a calendar year goes to the Commissioner of Insurance to establish the State Firefighter's Relief Fund. After certain payments required by law, the balance of the fund is paid to local firefighters relief associations to be used for benefits for firemen injured, disabled, or killed in the line of duty, payment of funeral expenses, payment of a pension benefit for full-time firemen who are unfit for service after serving 20 years with the department, and to purchase insurance which would provide any of the listed benefits. The Wichita Firemen's Relief Association received $855,076.54 in the 2004 distribution and received $832,849.16 in the 2005 distribution. Distribution of the fund to over 575 Associations throughout the state is calculated using the valuation and population of the area the department provides fire protection. The City of Wichita has had a Wichita Firemen's Relief Association since 1896 and has participated in the State Firefighters Relief Association for more than 80 years. The certification is for calendar year 2006. Legal Considerations: The Firefighters Relief Fund was created by K.S.A. 40-1701, et seq., and K.A.R. 40-10-1, et seq. Financial Considerations: There will be no expense to the City. Recommendation/Action: It is recommended that the Council approve the Declaration for Participation in the Firefighters Relief Association for 2006 and authorize Mayor to sign. Agenda Item No. 15. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0115 TO: Mayor and Council Members SUBJECT: Insurance Placement Services INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve the amendment. Background: On December 7, 2004, the City Council approved a contract for placement services for property and casualty insurance with Marsh USA. The original contract amount is $45,000. The current contract expires on December 31, 2005, but the contract includes four one-year renewals. Under the terms of the existing contract, if the City elects to add additional insurance coverage not then in effect, the parties will negotiate additional fees to cover such additional services. Analysis: Over time, the scope of services has increased. The City has increased Museum Fine Arts insurance coverage by $20,000,000 and added a new Airport excess liability policy for an additional $50,000,000. In addition the City is pursuing placement of new Federal and Out of State Excess Liability Insurance. Finally, the Skycap coverage was terminated and all City property and casualty insurance policies were converted to a calendar year basis. Financial Considerations: Due to the purchase of additional insurance coverage and modifications to the City's risk protection program, staff has negotiated a $9,500 increase in placement fees. If approved, maximum fees will not exceed $54,500. The Self Insurance fund budget includes funding for this contract. Legal Considerations: The contract amendment has been approved by the Department of Law as to form. Recommendation/Action: Approve the contract amendment and authorize the Mayor to sign. Agenda Item No. 16. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0116 TO: Mayor and City Council SUBJECT: Sanitary Sewer Interceptor Inspection (Districts I & III) INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve an increase of $75,000 in the expenditure for inspection of the sanitary sewer manholes and tunnels under I-135 from Pawnee to English. Background: On July 26, 2005, City Council approved $75,000 for inspection of the access tunnels leading to a 54-inch sanitary sewer interceptor underneath the northbound lanes of I-135. Staff requested approval for the inspection after sewer maintenance crews discovered deterioration in the tunnel walls while performing other maintenance. Deterioration can cause structural failures and pose a traffic hazard. Staff had based the original estimate for this inspection on an inspection performed in 2003 on the sanitary sewer to which these tunnels lead. Analysis: Three firms responded to the Request for Proposals, with prices ranging from $183,000 to $438,000 for the access tunnel inspection. The Staff Screening and Selection Committee met on December 14, 2006, and selected CH2M Hill as the best proposal with a cost of $183,000. Staff and CH2M Hill worked to modify the scope of work and inspection methods in order to reduce the cost and still fulfill the inspection requirements. Financial Considerations: The revised cost is $150,000 for the tunnel and manhole inspections. CIP S-534, I-135 Pawnee to English, has $8 million available for inspection and reconstruction, if needed. Staff will return to City Council for authorization of repairs or reconstruction, as required. The project will be funded from sewer utility bond issues and/or cash reserves. Legal Considerations: The Law Department will review and approve the Contract as to form. Recommendations/Actions: It is recommended that the City Council: 1) approve the revised project cost; 2) authorize Staff to proceed with the project; and 3) authorize the necessary signatures. Agenda Item No. 17. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0117 TO: Mayor and City Council Members SUBJECT: Relocation of Raytheon Aircraft Pipeline along Webb Road (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the reimbursement. Background: On August 10, 1999, the City Council approved improvements to Webb Road from Pawnee to south of Harry. A private gas pipeline, located in a private easement and owned by Raytheon Aircraft Holdings, Inc., was relocated as a part of this project. It is the responsibility of City of Wichita to pay for relocation of utilities located in prior existing private easements. Raytheon Aircraft Holdings completed pipeline relocation in spring, 2000 at City of Wichita's request. Reimbursement for this relocation remains outstanding. The City Engineer has reviewed and acknowledged the costs incurred to Raytheon for this relocation. Analysis: Costs to relocate the gas pipeline were $95,032.32. A statement itemizing these costs is attached. Financial Considerations: A budget of $95,032.32 is requested. Funds are available in the Greenwich Road Project. Legal Considerations: None Recommendation/Action: It is recommended that the City Council approve the relocation costs and authorize the necessary signatures. Agenda Item No. 18. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0118 TO: Mayor and City Council SUBJECT: Extension of Letter of Intent for Industrial Revenue Bonds (Delta Data Systems, Inc.) (District II) INITIATED BY: City Manager's Office AGENDA: Consent ________________________________________________________________________ Recommendation: Approve the extension. Background: On February 8, 2005, the City Council approved a one-year Letter of Intent to issue Industrial Revenue Bonds in an amount not-to-exceed $9,000,000 to Delta Data Systems, Inc. for the benefit of Delta Dental Plan of Kansas, Inc. The proceeds of the proposed bonds will be used to finance the cost of acquiring, construction and equipping a corporate headquarters facility located in the Waterfront Addition at 13th & Webb. Construction has begun but will not be complete by the time the Letter of Intent will expire. The company is now requesting a one-year extension of the Letter of Intent until February 8, 2007. Analysis: Delta Data Systems, Inc. has made substantial progress on construction of its new corporate office; however, they anticipate the construction will be complete by late summer or early fall. A one-year extension will provide ample time in the event of unforeseen delays. Financial Considerations: There is no financial impact on the City resulting from the requested extension. Legal Considerations: Bond documents required for the issuance of bonds will be prepared by bond counsel. The City Attorney's office will review and approve the form of bond documents prior to the issuance of any bonds. Recommendations/Actions: It is recommended that the City Council approve the extension of the Letter of Intent to Delta Data Systems, Inc. for Industrial Revenue Bonds in an amount not-to-exceed $9,000,000 for a one-year period ending February 8, 2007. Agenda Item No. 19. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0119 TO: Mayor and City Council SUBJECT: Purchase Option (IMA Plaza, L.L.C.) (District VI) INITIATED BY: City Manager's Office AGENDA: Consent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Recommendation: Authorize a Special Warranty Deed and Termination of Lease Agreement for delivery on or after February 24, 2006. Background: On November 4, 1997, City Council approved the issuance of $4.6 million in Industrial Refunding Revenue Bonds, Series XIV, 1997, to IMA Plaza LLC. The purpose of the bonds was to redeem the outstanding principal amount of the Series VII-A, 1991 Bonds. The 1991 Bond issue financed the refunding of IMA's 1981 Bond issue, which financed the construction of IMA's office building on the southeast corner of 2nd and Water. Under the provisions of Sections 17.1 and 17.2 of the Lease Agreement for the bond series, IMA Plaza has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $1000. On January 25, 2006, staff received notice from the Tenant informing the City of Wichita of the company's intention to exercise its purchase option. The Lease allows for closing of the purchase thirty days following the receipt of the notice. Analysis: Under the terms of the Lease, the City is required to convey the property securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The City received notice from The Bank of New York, Trustee for the Company, that all Bonds were paid in full on December 1, 2005, and that IMA Plaza has no further obligations as it pertains to the bond financing. Financial Considerations: The purchase price is $1000 and other considerations as listed under the provision of the Lease Agreement and Indenture to redeem and retire or defease all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. Legal Considerations: The City is contractually bound to convey the IRB Project property to the Tenant by Special Warranty Deed, once all the conditions established in the Lease and Indenture have been met. The City Attorney's Office has approved the form of the attached Resolution to authorize the execution of the Special Warranty Deed and the Termination of Lease Agreement (each in substantially the form attached to the Resolution). Recommendations/Actions: It is recommended that City Council adopt the Resolution, authorizing the Special Warranty Deed and the Termination of Lease Agreement, with delivery to occur on or after February 24, 2006, and authorize necessary signatures. Agenda Item 20. City of Wichita City Council Meeting February 7, 2006 Agenda Report 06-0120 TO: Mayor and City Council SUBJECT: Purchase Option (Typed Letters Corporation) (District V) INITIATED BY: City Manager's Office AGENDA: Consent ________________________________________________________________________________ Recommendation: Approve the Resolution authorizing the reconveyance of the Project and the optional redemption of the Bonds at the earliest available call date, subject to the conditions specified therein. Background: On February 4, 2003, the City Council approved the issuance of $1,540,500 in Industrial Revenue Refunding and Improvement Bonds, Series II, 2003, for the benefit of Typed Letters Corporation. The Bonds were used to construct a new addition to the existing facility subleased by S&R Properties, LLC (the "Tenant") to Typed Letters Corporation, and to refinance existing debt. Under the provisions of Sections 17.2 of the Lease Agreement for the bond series, the Tenant has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $1,000. The City of Wichita has been notified of the Tenant's request to call outstanding bonds prior to maturity, on the first available call date of February 1, 2008, and of the Tenant's intention to exercise its purchase option by setting up a cash defeasance escrow to fund the 2008 redemption and pay principal and interest due to and including the call date. In connection with the exercise of the purchase option, the company has asked that the City waive the 45-day notice period so that it can close on the purchase by February 10, 2006. Analysis: Under the terms of the Lease, the City is required to convey the personal property securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds (which may be done via cash defeasance). Financial Considerations: The purchase price is $1,000 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. Legal Considerations: The City is contractually bound to convey the IRB Project property to the Tenant by Special Warranty Deed, once all the conditions established in the Lease and the Resolution have been met. The City Attorney's Office has approved the form of the attached Resolution to authorize the execution of the Special Warranty Deed and the Termination and Release of Lease Agreement (each in substantially the form attached to the Resolution). Recommendations/Actions: It is recommended that City Council approve the Resolution authorizing the reconveyance of the Project and the optional redemption of the Bonds at the earliest available call date, subject to the conditions specified therein, and authorize necessary signatures. Agenda Item No. 21. CITY OF WICHITA City Council Meeting February 7, 2006 Agenda Report No. 06-0121 TO: Mayor and City Council Members SUBJECT: Sewer Easement Across a Portion of City-owned Property at 21st Street North and Hoover (District V) INITIATED BY: Office of Property Management AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Grant the easement. Background: The City owns 75.8 acres located between 21st Street North, Zoo Boulevard and the Big Ditch just east of Hoover Road. The land is currently undeveloped but is slated to be utilized for a water distribution facility. In order to provide sewer service to properties on the north side of 21st Street, a 20 foot wide sewer easement is required along the north side of the west 508.03 feet of the tract. Analysis: The easement will provide service to development on the north side of 21st Street North as well as future development. Due to existing utilities and the location of a planned water line, the sewer cannot be located in existing right of way on the north side of 21st Street North. The easement does not impact the future plans for the site. Financial Considerations: There is no cost to the City. Legal Considerations: The Law Department has approved the easement as to form. Recommendation/Action: It is recommended that the City Council approve the easement and authorize all necessary signatures. Agenda Item No. 22. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0122 TO: Mayor and City Council SUBJECT: Pretreatment Sewer Use - Amended Ordinance INITIATED BY: Water & Sewer Department AGENDA: New Business Recommendation: Approve amended Ordinance 16.22.040, Section 1, Wichita Pretreatment Program; and 16.22.060, Section 2, Prohibited Discharges, and place the Ordinance on first reading. Background: The United States Environmental Protection Agency and the Kansas Department of Health & Environment (KDHE) require the City to control the discharge of pollutants from industrial sources to the City's sanitary sewer system. Federal Pretreatment Regulations (40 CFR 403) require that Publicly Owned Treatment Works develop and enforce site-specific pollutant limits to protect the sanitary sewer collection system, plant operations, the City workers' health and safety, and comply with its National Pollutant Discharge Elimination System (NPDES) discharge permit and biosolids disposal regulations. The City has a United States Environmental Protection Agency (USEPA) approved pretreatment program and is required to continue to develop and enforce such limits. These site-specific protections are referred to as "Local Limits." Local limits were developed by Staff and approved by City Council in 1992 and revised in 1998. USEPA recommends that the City routinely re-evaluate local limits to reflect changes in regulations and wastewaters characteristics. Public Notice of the current and proposed local limits and this public hearing were published in the official City paper. Analysis: Using technical guidance prepared by the USEPA, Staff identified the following pollutants that require revising current local limits, or developing a new local pollutant limit: Parameter Existing Limit - Lbs/da Proposed Limit - Lbs/da ArsenicCyanide (total) NA9.8 5.317.23 Copper 19.61 56.21 Nickel 87.34 36.50 Chromium 35.20 84.72 Silver 38.4 24.26 Zinc 352 162.7 Lead 59.9 1.65 Cadmium 9.53 3.95 Mercury .007 .310 Molybdenum NA 5.39 Phenol Compounds 80.5 80.5 Aqueous Hydrogen Sulfide 1 mg/L 1 mg/l Upper pH limit 10.5 units 12.0 units With the exception of hydrogen sulfide and the pH limits, the pollutants are allocated to each industrial user. Allowable concentrations are distributed to each user based on their daily sewer discharge rate. Distributing pollutants based on sewage flow rates encourages water conservation practices, discourages dilution of wastestreams in order to achieve compliance, and recognizes that larger industries frequently have more resources available to meet discharge limits than smaller companies. Staff also recommends that the Ordinance 16.22.060 be amended as follows: Ø Require all commercial dischargers of silver and mercury, including photo processors and medical offices, to comply with management practices that reduce the amount of silver and mercury entering the City sanitary sewer system. Ø Prohibit wastes containing Aqueous Fire Fighting Foam in the amount that results in foam in the collection system, or the treatment process, in quantities that result in Public Owned Treatment Works (POTW) interference and or pass through, and inhibits the nitrification process at the POTW. For Section 16.22.040 "Daily Discharge Flow," Staff recommends that a definition of allowable limits for industries be added for clarification. Financial Considerations: Wastewater monitoring costs are paid by the industrial user. Staff administrative costs to implement this program revision are recovered in the Industrial Wastewater Pretreatment Program Permit Fee. A few industrial dischargers may incur costs associated with industrial pretreatment plant modifications to meet proposed local limits. All proposed local limits can be met by implementing or modifying industrial pretreatment systems, which reduce the financial impact incurred by the City to treat large volumes of wastewater contaminated with small volumes of high strength industrial wastes. Meeting proposed limits assures continual economic growth and mitigates concerns that the City may have in making choices of prohibiting new industries and restricting industrial expansions to meet NPDES wastewater plant discharge limits. Legal Considerations: The amended Ordinance has been reviewed and approved by the Law Department, USEPA and KDHE. Recommendations/Actions: It is recommended that the City Council: 1) close the public hearing; 2) Receive written comments; and 3) place the amended Ordinance on first reading. City Code Section 16.22.040 Definitions. Unless otherwise indicated by specific context, the meanings of the terms in this chapter are as follows: (1) "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251, et seq. (2) "Approval authority" means the Environmental Protection Agency (EPA), or if the pretreatment program has been formally delegated to the Kansas Department of Health and Environment (KDH&E), it shall mean the Director of the Division of Environment of KDH&E. (3) "Authorized representative" shall be: (a) A responsible corporate officer, if the industrial user is a corporation. For the purpose of this subsection (3), a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making function for the corporation, or (ii) The manager of one or more manufacturing, production, or operations facilities employing more than two hundred fifty persons or having gross annual sales or expenditures exceeding twenty-five million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; (b) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (c) A duly authorized representative of the individual designated in subsection (3)(a) or (3)(b) of this section if: (i) The authorization is made in writing by the individual described in subsection (3)(a) or (3)(b) of this section, (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility of environmental matters for the company, and (iii) The written authorization is submitted to the control authority; (d) Such representative of a governmental entity as may be authorized by law. (4) "Bioassay test" means a test used to evaluate the toxicity of a sample by comparing its effect on a living organism with the effect of a standard chemical preparation on the same type of organism. (5) "Biochemical oxygen demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in milligrams per liter. (6) "Building sewer" means the extension from the building drain to the publicly owned sewer system or other place of disposal. (7) "Bypass" means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. (8) "City" means the city of Wichita, Kansas, which is the control authority for the purpose of administering this chapter, represented by the director of the water and sewer department, as approved by the EPA Regional Administrator or the State Director. (9) "Chemical oxygen demand" or "COD" means the oxygen-consuming capacity of inorganic and organic matter present in wastewater expressed as the amount of oxygen consumed from a chemical oxidant as under standard laboratory procedure in milligrams per liter. (10) "Combined sewer" means a sewer receiving the combination of surface runoff, wastewater, sewage and/or industrial wastes. (11) "Composite sample" means a combination of individual samples of water or wastewater taken at selected intervals (generally hourly or some similar specified period), to minimize the effect of the variability of the individual sample. Individual samples may have equal volume or may be roughly proportional to the flow at time of sampling. (12) "Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat. (13) "Daily Discharge Flow" means the average volume of water discharged to the sanitary sewer by the industrial user. For the purposes of this Chapter, the average volume is calculated by taking the average monthly-metered wastewater recorded in a calendar year and divide by the industrial user average days of operation in a calendar month. At the discretion of the Director, in lieu of a calibrated wastewater meter, the average volume of water discharged may be calculated using the source water metered at the industrial user location. (13) (14) "Direct discharge" means the discharge of treated or untreated wastewater directly to the waters of the state. (14) (15) "Director" means the director of the water and sewer department. (15) (16) "Environmental Protection Agency" or "EPA" means the U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency. (16) (17) "Four-day average" means the mathematical average of daily sampling values for four consecutive monitoring days. (17) (18) "Governing body" means the city council of the city. (18)(19) "Grab sample" means a sample, which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. (19) (20) "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks. (20) (21) "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 USC Section 1317), into the POTW (including holding tank waste discharged into the system). (21) (22) "Industrial user" means any user contributing industrial wastes to the municipal sewer system. (22) (23) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources: (a) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge, processes, use or disposal; or (b) (i) Is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or (ii) prevents the use or disposal of sewage sludge in compliance with the following statutory provisions and regulations or permits issued thereunder: Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection, Research and Sanctuaries Act, or more stringent state or local regulations. (23) (24) "Municipal sewer system" means sanitary sewers, pumping stations, sewage treatment plants, main sewers, interceptor sewers, outfall sewers, and works for the collection, transportation, pumping and treating of wastewater, sewage or industrial waste thereto, necessary in the maintenance and operation of the same. (24) (25) "National categorical pretreatment standard" or "pretreatment standard" means any (present or future) regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 USC Section 1317) which applies to a specific category of industrial users. (25) (26) "National pollution discharge elimination system" or "NPDES permit" means a discharge permit issued by the approval authority pursuant to Section 402 of the Act (33 USC Section 1342). (26) (27) "National prohibitive discharge standard" or "prohibitive discharge standard" shall mean any (present or future) regulation developed under the authority of Section 307(b) of the Act. (27) (28) "New source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production of wastewater generating process of the building, structure, facility, or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity, as the existing source should be considered. (28) (29) "Pass through" means a discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTWS's NPDES permit (including an increase in the magnitude or duration of a violation). (29) (30) "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context. (30) (31) "pH" means a negative logarithm of the hydrogen ion concentration measured in grams per liter of solution. (31) "Pollution" means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water. (32) (32) "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water. (33) (34) "Pretreatment" or "treatment" means the reduction of the amount of pollutants, the removal of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the municipal sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except by dilution as prohibited by federal regulation. (34) (35) "Pretreatment requirements" means any substantive or procedural requirement (present or future) relating to pretreatment, other than a national pretreatment standard imposed on an industrial user. (35)(36) "Pretreatment standard" means any (present or future) regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. (36) (37) "Publicly owned treatment works (POTW)" means a treatment works as defined by Section 212 of the Act (33 USC Section 1292), which is owned or operated in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" also includes any sewers that convey wastewaters to the POTW from persons outside the city who are users of the city's POTW. (37) (38) "POTW treatment plant" means that portion of the POTW designed to provide treatment to wastewater. (38) (39) "Sanitary sewer" means a sewer which carries wastewater, sewage and/or industrial wastes; and to which storm, surface and groundwater's are not intentionally admitted. (39) (40) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which cause them to become inoperable, or substantial or permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. It does not mean economic loss caused by delays in production. (40) (41) "Sewage" means a combination of the water-carried wastes from users together with such ground, surface and stormwaters as may be present. (41) (42) "Sewer" means a pipe or enclosed conduit through which sewage is transported to the POTW treatment plant. (42) (43) "Shall" is mandatory. "May" is permissive. (43) (44) "Significant industrial user" means: (a) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I Subchapter N, Parts 400 -- 471; (b) Any noncategorical industrial user that: (i) Discharges twenty-five thousand gallons per day or more of process wastewater ("process wastewater" excludes sanitary, noncontact cooling, and boiler blowdown wastewater), or (ii) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the POTW, or (iii) Has a reasonable potential in the opinion of the city or approval authority to adversely effect the POTW (inhibition, pass through of pollutants, sludge contamination or endangerment of POTW workers) or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6) and amendments thereof). (44)(45) "Slug" means any discharge of wastewater of a nonroutine or episodic nature, including but not limited to an accidental spill or noncustomary batch discharge which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen minutes, and/or more than five times its average twenty-four hour concentration of flows, during normal operation. (45) (46) "Significant noncompliance" means that an industrial user meets one or more of the following criteria: (a) Chronic violations of wastewater discharge limits, defined as those in which sixty-six percent or more of all the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter; (b) Technical review criteria (TRC) violations defined as those in which thirty-three percent or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); (c) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) alone or in combination with other discharges, that the city determines has caused interference or pass through (including endangering the health of POTW personnel or general public); (d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under Section 16.22.070. (e) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in the industrial user's wastewater discharge permit, or enforcement order for starting construction or attaining final compliance; (f) Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (g) Failure to accurately report noncompliance; (h) Any other violation or group of violations which the city determines will adversely affect the operation or implementation of the pretreatment program. (46) (47) "Spill prevention and control plan (SPCP)" means a plan prepared by the industrial user to minimize the likelihood of a spill and to expedite control and cleanup activities should a spill occur. (47) (48) "State" means state of Kansas. (48) (49) "Standard industrial classification (SIC)" means a classification pursuant to the most recent edition of the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget. (49) (50) "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage, but excludes wastewater, sewage, and industrial wastes other than unpolluted cooling water. (50) (51) "Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom. (51) (52) "Suspended solids" means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids; and which are removable by laboratory filtering. (52) (53) "Total toxic organics" means the summation of all quantifiable values greater than 0.01 mg/L for the organic compounds listed in 40 CFR, Part 433.11(e). (53) (54) "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in (present or future) regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of Section 307(a)(1) of the Act. (54) (55) "User" means any person who contributes, causes, or allows the contribution of wastewater into the city's POTW. (55) (56) "Wastewater" means the liquid and water-carried wastes from residences, business buildings, institutions, and industrial establishments either treated or untreated, together with such ground, surface, and stormwaters which are contributed into or permitted to enter the POTW. (56) (57) "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof. (57) (58) Unless the context of usage indicates otherwise, the meaning of terms in this chapter not defined in this section shall be as defined in the "Glossary: Water and Wastewater Control Engineering" prepared by Joint Editorial Board of the American Public Health Association, American Society of Civil Engineers, American Water Works Association and Water Pollution Control Federation, copyright 1969. (58) (59) Abbreviations have these designated meanings: (a) BOD -- Biochemical oxygen demand (five-day, unless otherwise noted as "Ultimate BOD") (b) CFR -- Code of Federal Regulations (c) COD -- Chemical oxygen demand (d) EPA -- Environmental Protection Agency (e) KDH&E -- Kansas Department of Health and Environment (f) L -- Liter (g) l bs/da -- Pounds per day (h) mg -- Milligrams (i) mg/L -- Milligrams per liter (j) NPDES -- National Pollutant Discharge Elimination System (k) POTW -- Publicly owned treatment works (l) SPCP -- Spill prevention and control plan (m) TRC -- Technical review criteria (n) TSS -- Total suspended solids. City Code Section 16.22.060 Prohibited discharges. No person shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewage collection and treatment facilities. These general prohibitions apply to all such users of the municipal sewer system whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user shall not contribute the following substances: (1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the municipal sewer system or to the operation of the sewage treatment plant, or which reasonably appear to present an imminent endangerment to the health or welfare of POTW workers and general public. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, fuel oil, hexane, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides; (2) Any solids, natural or man-made fibers, insoluble or emulsified oils, fats, or greases, slurries or viscous materials of such character or in such quantity that may cause an obstruction to the flow in the sewer or otherwise interfere with the proper functioning of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-ground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, bones, spent lime, stone and marble dust, grass clippings, rags, spent grains, spent hops, asphalt residues, residues from refining or processing of fuel or lubricating oils, and polishing wastes; (3) Any waters, wastes, material or substances which are corrosive or irritating to human beings and/or animals, toxic or noxious, or which contain toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with the sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of treated effluent or the sewage treatment plants; (4) Substances, material, waters, or wastes, listed below, if it appears likely in the opinion of the director that such matter can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the director shall give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the POTW, and other pertinent factors which reasonably appear to present an imminent endangerment to the health or welfare of POTW workers and general public; (5) The substances prohibited are: (a) Any wastewater having a temperature which shall inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater from an indirect discharge with a temperature exceeding one hundred fifty degrees Fahrenheit (sixty-five degrees Centigrade), or which exceeds one hundred four degrees Fahrenheit (forty degrees Centigrade) at the POTW treatment plant, (b) Any water or wastes which contain fats, wax, grease or oils, whether emulsified or not, or containing substances which may solidify, or become viscous, at temperatures between thirty-two degrees Fahrenheit and one hundred fifty degrees Fahrenheit (zero degrees to sixty-five degrees Centigrade), in quantities determined by the director that have a deleterious effect upon the POTW conveyance system, processes, and/or equipment, or in quantities which will pass through the POTW to the receiving waters, or impact the storage or disposal of the POTW biosolids. In addition, it is prohibited to discharge these substances in quantities that cause a sewer line blockage resulting in untreated sewage discharging to waters of the United States. The discharge must not be in quantities that present an imminent endangerment to the health and welfare of persons, or otherwise create or constitute a public nuisance. Wastewater contaminated with oils which include, but are not limited to, petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, shall not exceed concentrations of one hundred mg/L of oil and grease, (c) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not, (d) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the treatment works exceeds the limits established by the director for such materials, as shown in the table of limits, subsection (13) of this section, (e) Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits established by the director, after treatment of the composite sewage, as necessary to meet the requirements of local, state, federal or other public agencies of jurisdiction for such discharge to the receiving waters, (f) Any waters or waste containing dissolved sulfide in excess of one mg/L at the point of discharge into the municipal sewer system; (6) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable local, state, or federal regulations; (7) Any wastewater having a pH less than 5.5 or in excess of 10.5 12.0 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW, (8) Any pollutants, including oxygen-demanding pollutants, (BOD, TSS, etc.) released at a flow rate and/or pollutant concentration, which will cause interference with the POTW; (9) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions; (10) Any wastewater of unusual volume of flow or concentration of wastes constituting "slugs"; (11) Pollutants which will cause a fire or explosion hazard in the POTW including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees Centigrade) using the test methods specified in 40 CFR 261.21, or amendments thereof; (12) Waters and wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters, or any substance which may cause the sewage treatment plant effluent or any other product of the municipal sewer system such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the municipal sewer system cause the sewage treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used; (13) Any wastes contributed by users of the POTW which either singly or in conjunction with other significant industrial users causes the POTW influent to exceed the following limits: Parameter Daily Maximum (lbs/day) Cyanide, total 9.8 7.23 Copper 19.61 56.21 Nickel 87.34 36.50 Chromium 35.20 84.72 Silver 38.4 24.26 Zinc 352.00 162.70 Lead 59.9 1.65 Parameter Daily Maximum (lbs/day) Cadmium 9.54 3.95 Mercury .007 .310 Arsenic 5.316 Molybdenum 5.39 Phenol compounds 80.5 Any waste exceeding the following limits: Parameter Daily Maximum (mg/L) Sulfide 1.0 Surfactants 100.0 (14) The amounts of the listed pollutants calculated in pounds shall be allocated to each industrial user based on the industrial user's average daily discharge flow volume contributed to the municipal sewer system. The average shall be based upon the industrial user's daily discharge flow. It shall be calculated twice per year using the first six months average daily flow for the second half, and the last six months of the year for the following year. Concentration limits in milligrams per liter (mg/L) shall be applied to each industrial user based on the following discharge flow categories. Industrial User Daily Discharge Flow Category (gals/day) 1 0 - 10,000 2 10,001 - 20,000 3 20,001 - 30,000 4 30,001 - 60,000 5 60,001 - 100,000 6 100,001 - 200,000 7 200,001 - 500,000 8 Greater than 500,000 At least annually, the director shall determine which category applies to each industrial user and distribute the amounts of pollutants, calculated in pounds, applying a concentration limit in the industrial users wastewater discharge permit. If an industrial user significantly changes the amount of wastewater discharged to the sanitary sewer, causing the user to change categories, the user must notify the director at least thirty days prior to implementing the change; (15) Any wastes which exhibit toxicity characteristics based on the bioassay test that causes a fifty percent reduction of the luminescent microorganisms light output (EC50). When using the Microtox bioassy test, the wastewater must not exhibit an EC50 toxicity value of less than 1.9 within the five-minute test period, in two consecutive tests taken in a forty-eight hour period; (16) All industrial and commercial facilities using silver in manufacturing or as a part of a process operation, including but not limited to, the development and/or printing of photographic pictures or x-rays, precious metal plating, or any operation where silver is reasonably expected to be found in the facilities' wastewater, shall not discharge silver bearing wastewater to the POTW without first treating the wastewater to remove the silver or subjecting the wastewater to a silver recovery process, or disposing the silver bearing wastewater at an approved disposal location; These facilities shall follow the guidelines listed in the City of Wichita Code of Management Practices for Silver and Mercury Dischargers. (17) Any substances, materials, water or wastes, which will cause interference with or pass through the POTW; (18) Substances, materials, water or wastes which are hazardous as defined by 40 CFR: Part 261.21 (ignitable), Part 261.22 (corrosive), Part 261.23 (reactive), Part 261.24 (EP toxic), Part 261.31 (hazardous waste from nonspecific source), and Part 261.32 (hazardous waste from specific source); (19) Any trucked or hauled wastewater, except at discharge points designated by the POTW. All waste haulers shall conform to the regulations set forth in Chapter 7.08 of this Code. (Ord. 43-772 §§ 2, 4 (part)) (20) All industrial and commercial facilities using mercury in manufacturing, or as a part of a process operation, including but not limited to, the replacing and restoring dental amalgam fillings, using mercury compounds in laboratory reagents, or using mercury bearing measuring devices such as thermometers and sphygmomanometers, or any operation where mercury is reasonably expected to be found in the facilities' wastewater, shall not discharge mercury bearing wastewater to the POTW without first treating the wastewater to remove the mercury, or disposing the mercury-bearing wastewater at an approved disposal location; These facilities shall follow the guidelines listed in the City of Wichita Code of Management Practices for Silver and Mercury Dischargers. (21) Any wastes containing Aqueous Fire Fighting Foam in the amount that results in foam in the collection system or the treatment process in quantities that result in POTW interference and or pass through and inhibits the nitrification process at the POTW. Agenda Item No. 23. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0123 TO: Mayor and City Council SUBJECT: Purchase Option for 1995 Project (BOEING IRB Asset Trust) INITIATED BY: Law Department AGENDA: New Business - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Recommendation: Adopt the Resolution approving conveyance to the BOEING IRB Asset Trust of the 1995 project, together with instruments terminating the applicable leases and security interests, and authorize necessary signatures. Background: The City has outstanding eleven series of Industrial Revenue Bonds issued between December 1, 1995 and December 14, 2005, to finance facilities for the benefit of The Boeing Company ("Boeing"). Each series was issued as a stand-alone financing for a discrete project, under separate, project-specific Leases (the "Leases"). Bond proceeds for each series were used for the purpose of financing the costs of acquisition, construction, equipping and furnishing of certain industrial facilities (collectively the "Projects") for lease to, and use by, The Boeing Company. On June 16, 2005, Boeing assigned its interest in all of the Leases to BOEING IRB Asset Trust, a Delaware statutory trust ("Tenant"). Under the provisions of the applicable Lease Agreements the Tenant, if not in default, has the option to purchase each project from the City for a set price of $1000, plus all amounts required to provide for redemption and payment of the principal, interest and premium on the outstanding bonds issued to finance that project, together with the Trustee's fees and costs of redemption. The City has received notice of the BOEING IRB Asset Trust's intention to exercise its purchase options for the property financed with the proceeds of the Series X, 1995 Bonds, and the firm of Kutak Rock LLP, Tenant's Bond Counsel, has submitted documents for that purpose. Analysis: Under the terms of the 1995 Lease Agreement, the City is required to convey the property securing the IRB issue to the BOEING IRB Asset Trust, as Assignee of the original Tenant, following the payment of all outstanding Series X, 1995 Bonds and the BOEING IRB Asset Trust's payment of the purchase price and other consideration under the provisions of the 1995 Lease Agreement. Financial Considerations: The purchase price of $1,000 and other consideration as required by the 1995 Lease Agreement has been paid by the Tenant prior to the submission of this agenda item. Legal Considerations: It is appropriate for the City to sell and reconvey the 1995 project property to the BOEING IRB Asset Trust, and to terminate the lease and security interests and take all other actions needed to terminate the City's interest in the property. The City Attorney's Office has approved the form of the attached Resolution and the form of the Termination of Lease to be executed and delivered by the City, as well as the notice letter to be acknowledged by the City, and the Release of Lien of Indenture to be approved by the City and delivered to the Tenant by the Trustee. Recommendations/Actions: It is recommended that City Council adopt the Resolution approving the conveyance and termination instruments, and authorize necessary signatures. Agenda Item No. 24. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. No. 06-0124 TO: Mayor and City Council SUBJECT: Resolution of Support for State Funding for Affordable Air Fares INITIATED BY: City Manager's Office AGENDA: New Business Recommendations: Adopt the resolution. Background: The City of Wichita has joined with several regional organizations to seek assistance from the State of Kansas in the efforts to secure affordable air service at Mid-Continent Airport. The coalition of organizations includes Sedgwick County, the Wichita Metro Chamber of Commerce, the Greater Wichita Convention and Visitors Bureau, South Central Kansas Economic Development District (SCKEDD), the Regional Economic Area Partnership (REAP) and many other organizations. A resolution is being circulated to cities and counties that are members of REAP and SCKEDD, for adoption by the governing bodies, expressing support for the State's participation in the Kansas Air Service Development Program. This Resolution is submitted herewith for consideration by the Wichita City Council. Analysis: Economic development professionals and site consultants know how much air fares impact business attraction, retention and jobs, because companies choose where they will locate and grow their business based on the "cost of doing business," including the cost of air service. One of the most critical elements of economic development and recruiting new companies to Kansas is based on the ease of travel to conduct business with customers. Because of this, affordable air fares has become an infrastructure issue - like highways and water supply; and, just like those resources, Kansas cannot afford to lose affordable air service. Major Kansas corporations, including Rent-A-Center, Pizza Hut and others have left Kansas, citing access to more flights and more affordable air fares as a reason. Air fares also impact families who live in, work in and visit Kansas. Individuals and families choose where to live, work and visit based on availability of good jobs and quality of life issues, and the quality of commercial air service impacts both. Affordable airfares play a significant role in encouraging tourist travel to Kansas and recruiting conventions to Kansas. Bringing others to our state means bringing dollars to our state for tourism and convention spending. The quality of air service at Mid-Continent Airport is a critical issue for the State of Kansas because Mid-Continent is Kansas' only airport with significant commercial air service. The attached map shows that the natural catchment area for Mid-Continent Airport, based on driving distance, covers two-thirds of the State and a majority of its residents. A recent study by WSU's Center for Business Research and Business Development shows that the State of Kansas would lose over $10 million in annual tax dollars if Mid-Continent Airport were to lose its low-cost carrier, AirTran Airways. In order for Kansas businesses to compete globally, for families to enjoy the opportunity for affordable leisure travel, and to increase tourism we must have a long-term strategy that makes Kansas' Mid-Continent Airport competitive with Missouri and Oklahoma. Because of geography and population size, Mid-Continent Airport is not naturally competitive. This has created a potential "death spiral" - a cycle of less flights leading to higher air fares, to business loss, to job loss, to fewer passengers, to fewer flights, and so on. In 2002, the Wichita community initiated a pilot program, consisting of a local public investment of $9 million dollars and business investment of $7.5 million dollars of air travel commitments, which has demonstrated the feasibility of affordable airfares at Mid-Continent Airport. That same public investment has saved the traveling public in Kansas over $300 million dollars in lower air fares and has proven that effective actions can be taken to create affordable air fares. It is now time for the State of Kansas to become financially involved in this crucial program to maintain and expand the scope of affordable airfares at Mid-Continent Airport. Visioneering Wichita's Unified Legislative Agenda Alliance has identified this issue as a top priority, as has the South Central Kansas Legislative Delegation. A bill has been introduced in the Legislature that will commit state funding of $5 million per year for five years to this effort, provided there is a local match commitment of 20%. Adoption of the Resolution of Support by REAP and SCKEDD members will demonstrate the broad regional support for this initiative. Financial Considerations: There is no financial impact resulting from the adoption of the Resolution of Support. Legal Considerations: The City Council has the legal authority to adopt the proposed resolution. Recommendation/Actions: It is recommended that the City Council adopt the Resolution of Support for the Kansas Air Service Development Program. Agenda Item No. 25. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0125 TO: Mayor and City Council Members SUBJECT: Douglas Street Drainage Outfall (Districts I &VI) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the project. Background: The 2005-2014 Capital Improvement Program adopted by the City Council includes a project to improve the drainage in Old Town and the surrounding area. On December 5, 2005, District VI approved the Douglas Route, 9-0. On January 9, 2006, District I approved the Douglas Route, 10-0. Analysis: The existing Old Town drainage system was constructed in the 1920's and has long experienced flooding in many locations following high intensity rain events. The 1st and 2nd Street railroad underpasses have frequently caused motorists to stall out in more than two feet of water. In 1997, it was recognized that a new stormwater system would be required to significantly increase the drainage capability in Old Town. The City's design consultant has presented staff with five drainage alternatives to better serve this region. The City Engineer's Office has identified Douglas as the most probable route because it is the most hydraulically efficient and with the least number of utility conflicts. Staff recommends the Douglas route because the existing right-of-way is wider and will allow a larger drainage system to be constructed, has the least number of utility line crossings, and there is no active drainage system in Douglas. The 1st Street route does have an active system that could continue to serve the area. The improvements will provide a new storm sewer main that will provide the necessary capacity for future stormwater improvements in the Old Town area. In addition, the storm water main will intercept a large portion of the drainage north of Douglas and reduce the load on the existing systems in Lewis and Waterman. The project will require the pavement to be replaced over the entire route. Financial Considerations: The estimated cost of construction is $6,200,000. The funding source is through the Stormwater Utility. Legal Considerations: None. Recommendations/Actions: It is recommended that the City Council approve the Douglas route for final design. Agenda Item No. 26. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0126 TO: Mayor and City Council Members SUBJECT: Petitions to Renovate Building Facades at 1409 E. Douglas and 111 Ellis (District I) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the Petitions. Background: On March 20, 2001, the City Council approved a Facade Improvement Program designed to provide low-cost loans to enhance the visual aesthetics in the downtown area and provide an incentive for businesses to improve their property. Low interest, fifteen-year loans are provided to owners of buildings with frontage on Douglas Avenue, between Seneca and Washington. Up to two facades per building can be improved with 25% of the cost up to $30,000 in the form of a forgivable loan. The owner of buildings located at 1409 E. Douglas and 111 Ellis has submitted the required Petitions. The signature on the Petitions represents 100% of the improvement districts. Because the buildings are not located within the facade program activity area, a partial waiver of the facade regulations will be required. Analysis: The facade projects will renovate the storefronts to their original appearances, with new windows, doors and awnings. Financial Considerations: The project budget for each building is $34,000, with $25,500 paid by special assessments and $8,500 by a forgivable loan. Legal Considerations: State Statutes provide the City Council authority to use Special Assessment funding for the projects. Approval of the Petition does not relieve the owner of requirements to obtain all necessary permits and reviews by applicable City Boards. Recommendation/Action: It is recommended that the City Council waive the building location requirement, approve the Petitions, adopt the Resolutions, approve the Facade Easements and authorize the necessary signatures. Agenda Item No. 27. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0127 TO: Mayor and City Council Members SUBJECT: Petition to construct a Sanitary Sewer to serve an area generally bounded by Arkansas Avenue, the Wichita Valley Center Flood Control Ditch and north of 43rd St. North (District VI) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the Petition. Background: The signatures on the Petition represent 80 of 135 (59.3%) resident owners and 58.7% of the improvement district area. District VI Advisory Board sponsored a January 9, 2006, neighborhood hearing on the project. The Board voted 10-0 to recommend approval of the project. Analysis: The project will construct a lateral sanitary sewer system for a partially developed, predominately residential area that is currently served by private septic tank systems. The project will be coordinated with a sanitary sewer main project for the area, which is under design and scheduled for letting later this year. A supplemental design agreement with Ruggles & Bohm, design engineers for the sewer main project, has been prepared. Financial Considerations: The estimated project cost is $730,000 with the total assessed to the improvement district. The method of assessment is the square foot basis. The estimated assessment to individual properties is $00.325 per square foot of ownership. The design fee for the supplemental agreement with Ruggles & Bohm is $39,000. 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 property in the improvement district. The supplemental design agreement has been approved by the Department of Law. Recommendation/Action: It is recommended that the City Council approve the Petition, adopt the Resolution, approve the supplemental design agreement, and authorize the necessary signatures. Agenda Item No. 28. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0128 TO: Mayor and City Council Members SUBJECT: MacArthur Improvement, between Meridian and Seneca (District IV) INITIATED BY: Department of Public Works AGENDA: New Business Recommendations: Approve the project. Background: The 2005-2014 Capital Improvement Program adopted by the City Council includes a project to improve MacArthur, between Meridian and Seneca. On May 4, 2004, the City Council approved a design agreement with Baughman Company for the preparation of construction plans. The design concept at that time envisioned a four lane roadway with left turn lanes in the west half mile of the project and a four lane roadway without left turn lanes (due to right-of-way constraints) in the east half mile. Since that time, it has been determined that a four lane roadway with left turn lanes can be built through the entire length of the project. District IV Advisory Board sponsored a September 7, 2005, neighborhood hearing on the project. The Board voted 9-0 to recommend approval of the project. A Supplemental Design Agreement with Baughman Company has been prepared for the additional work. Analysis: The project will reconstruct MacArthur to provide four through lanes with left turn lanes and landscaped medians. The intersection of MacArthur and Meridian will be signalized with left turn lanes at all four approaches to the intersection. A new storm water sewer system will be built. Construction is planned for 2007. Financial Considerations: The estimated project cost is $3,600,000 with $1,200,000 paid by the City and $2,400,000 by Federal Grants administered by the Kansas Department of Transportation. The funding source for the City share is General Obligation Bonds. The supplemental design fee is $14,400. Legal Considerations: The Law Department has approved the authorizing Ordinance and Supplemental Design Agreement as to legal form. Recommendation/Actions: It is recommended that the City Council approve the project, place the Ordinance on First Reading, approve the Supplemental Design Agreement and authorize the signing of State/Federal agreements as required. Agenda Item No. 29. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0129 TO: Mayor and City Council SUBJECT: DR2005-00035 Proposed Corridor Preservation Plan Overlay District (CP-O) for the proposed Northwest Bypass in Wichita and Sedgwick County. The general location of the proposed CP-0 connects K-96 to US-54 west of the City of Wichita. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Non-Consent) MAPC Recommendations: Approve subject to staff recommendations, vote 10-0. MAPD Staff Recommendations: To approve the proposed Corridor Preservation Plan Overlay District text amendment to the Unified Zoning Code, and approve an amendment to the Official Zoning Map, placing the proposed Corridor Preservation Plan Overlay District on the designated Northwest Bypass Corridor. DAB Recommendations: Not applicable. The proposed Northwest Bypass has existed on adopted planning maps and documents for over five years, staff is working with KDOT and other departments to make progress on this transportation project. KDOT anticipates limited funding for this project; therefore, the proposed Overlay District is intended to assist in the land assembly process. The Planning Department, along with the City and County Attorneys Offices, has drafted the attached Overlay District. The proposed Overlay District would be an amendment to the text of the Unified Zoning Code, as well as an amendment to the Official Zoning Map, placing the proposed Overlay District on the designated Northwest Bypass Corridor. The Overlay District is proposed to extend 150 feet to each side of the proposed Northwest Bypass centerline. In accordance with the Unified Zoning Code, a public hearing was scheduled for the December 8, 2005 MAPC hearing, and advertised in the official paper. The attached Corridor Preservation Plan Overlay District text is self-explanatory. It is intended to ensure that public services are effectively planned and efficiently installed prior to more intensive development. The Overlay intends to ensure that public improvements and investments are considered prior to land use and development decisions. The Overlay would require the existing Conditional Use process for certain building and expansion projects, with final decisions resting at the governing bodies. An administrative approval process is available for smaller scale projects. The proposed Overlay District would apply to the City of Wichita and Sedgwick County only; small cities will not be a part of the Overlay District. Analysis: The Metropolitan Area Planning Commission (MAPC) Advance Plans Committee heard this item at their regular committee meeting on December 8, 2005. The committee wished to ensure that the overlay district can be shifted or eliminated when no longer needed, planning staff confirmed that these actions can take place through the normal MAPC and Governing Body processes of amending the official zoning map. The committee also expressed a desire to include the Cities of Maize and Goddard in the overlay process. Staff proposed that the overlay be edited to give administrative authority to the zoning administrators of the city and county, as opposed to the planning director, for improved customer service. The committee agreed with this recommendation. The committee wishes to have the title of the overlay district amended to read "Corridor Preservation Plan Overlay District". The MAPC heard this item at the scheduled public hearing on December 8, 2005. No members of the public spoke on this item. The MAPC voted 10-0 to approve the item subject to staff recommendations. Financial Considerations: None Legal Considerations: The resolution has been reviewed and approved as to form by the Law Department. Recommendation/Actions: 1. Adopt the findings of the MAPC, approve the text amendment to the Unified Zoning Code, and approve the amendment to the Official Zoning Map, and place the ordinance on the first reading; or 2. Return the item to the MAPC for reconsideration. (An override of the Planning Commission's recommendation requires a two-thirds majority vote of the City Council on the first hearing.) OCA150004 BID 37529-009 CID#76383 Published in The Wichita Eagle on __________________________ ORDINANCE NO. ___________ AN ORDINANCE ESTABLISHING SECTION III-C.9 of the WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE (April 19, 2001 EDITION), AS ADOPTED BY REFERENCE IN CITY OF WICHITA CODE SECTION 28.04.010, ESTABLISHING THE CORRIDOR PRESERVATION PLAN OVERLAY DISTRICT; AND, AMENDING THE OFFICIAL ZONING MAP AFFECTING CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS AS SHOWN IN THE ATTACHED EXHIBIT, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS. SECTION 1. Section III-C.9 of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Section 28.04.010, is hereby amended to read as follows: 9. CP-O, Corridor Preservation Plan Overlay District a. Purpose. The CP-O Corridor Preservation Plan Overlay district recognizes the impact transportation corridor improvement projects can have on private and public land use expectations. New transportation improvements can lead to requests for more intense zoning and development applications before public services required to support the more intense development can be effectively planned and efficiently installed. The development review provisions applicable within the CP-O district are intended to assure a comprehensive review of the impact of proposed land uses on the anticipated character of neighborhoods immediately surrounding proposed transportation corridor improvement projects. This district is established to ensure that land use or development decisions that could result in the need for further public improvements or public investments consider the viability and prudence of such investments in light of changes expected to occur as a result of anticipated corridor improvements. Properties located within the CP-O district shall comply with the regulations contained within the overlay district and the standards contained in the underlying or base-zoning district. In case of a conflict between the regulations in this section and those of the underlying zoning district, the regulations in this section shall prevail. b. Use regulations. No property within the CP-O district shall be devoted to any use, including any agricultural use, requiring a building permit, other than those uses existing at the time the CP-O Corridor Plan Overlay district was established. Any new use, whether allowed by right by the underlying zoning, by Conditional Use, or as an accessory use in the underlying zoning district, shall be allowed only after the proposed new use has been approved as provided for in this section. c. Review procedures. Requests requiring CP-O Overlay district zoning approval shall follow the same review procedures as required by Conditional Use applications contained in Article V-D of the Wichita-Sedgwick County Unified Zoning Code, except that in all cases final approval shall rest with the appropriate Governing Body. The action of the Metropolitan Area Planning Commission shall be advisory to the Governing Body. d. Review criteria. In addition to the review criteria contained in Article V-C.8, the following criteria shall be used to evaluate CP-O requests: (1) The duration of the proposed use. (2) The anticipated start and completion dates of the planned transportation corridor improvement project. (3) The compatibility of the proposed use with the expected character of the neighborhood following the completion of the planned transportation corridor improvement project. (4) The extent to which the proposed use will detrimentally affect the public benefits otherwise arising from the transportation corridor improvement project. (5) The extent to which the proposed use will require public improvements or investments that may be altered or eliminated by the planned transportation corridor improvement project. e. Property development standards. Each site in the CP-O district shall be subject to the property development standards of the underlying zoning except the following: (1) Setbacks. In areas where the right-of-way of a proposed transportation corridor has been identified on an adopted map, whether or not that right-of-way has been acquired, minimum setbacks shall be measured from the proposed right-of-way line. In no event shall any building be erected, enlarged, moved in or reconstructed so as to be closer to the centerline of a proposed transportation corridor than 150 feet. f. Administrative approvals. The Zoning Administrators shall have the authority to waive application of the requirements of this section for building permits that do not increase the floor area by 1,000 square feet, or ten percent, whichever is less; or the appraised value of the property by more than $10,000, or ten percent, whichever is less. The Zoning Administrators may also terminate any conditions imposed under this section if the property involved is no longer contained within the designated district. g. CP-O, Corridor Plan Overlay District designation. The Governing Body may adopt, and amend from time to time, maps designating a Corridor Plan Overlay District. Any such adoption or amendment shall be shown on the Official Zoning District Map. SECTION 2. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows: Case No. DR2005-00035 Request for Corridor Preservation Plan Overlay District (CP-O) for the proposed Northwest Bypass in Wichita and Sedgwick County on property 150 feet to either side of the established Northwest Bypass Centerline, generally connecting K-96 to US-54 west of the City of Wichita, see the attached exhibit. SECTION 3. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended. SECTION 4. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper. ADOPTED AT WICHITA, KANSAS, ___________________________ ______________________________ Carlos Mayans - Mayor ATTEST: ______________________________ Karen Sublett, City Clerk (SEAL) Approved as to form: _____________________________ Gary E. Rebenstorf, City Attorney Agenda Item No. 30. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0130 TO: Mayor and City Council Members SUBJECT: SUB 2005-51 -- Plat of Blue Sky Addition, Located North of Maple and West of West Street. (District IV) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) ______________________________________________________________________________ Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (11-0) Background: This site, consisting of seven lots on 1.92 acres, is located within Wichita's city limits. This site is zoned SF-5, Single-family Residential District. Analysis: Petitions, 81.4 percent (approved by the City Council on January 10, 2006), and a Certificate of Petitions have been submitted for water and paving improvements. Sanitary sewer services are available to serve the site. A Restrictive Covenant was submitted to allow the creation of a Lot Owner's Association to provide for the ownership and maintenance of the reserves being platted for drainage purposes. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Legal Considerations: The Certificate of Petition and Restrictive Covenant will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council approve the documents and plat, authorize the necessary signatures and adopt the Resolutions. Agenda Item No. 31. City of Wichita City Council Meeting February 7, 2006 Agenda Report 06-0131 TO: Mayor and City Council Members SUBJECT: DED 2006-01 and DED 2006-02 -- Dedication of Drainage and Utility Easements, Located West of Ridge Road and North of 37th Street North. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) ______________________________________________________________________________ Staff Recommendation: Accept the Dedications. MAPC Recommendation: Accept the Dedications. (12-0) Background: The Dedications are associated with a lot split case (SUB 2005-135). The Dedications are for construction and maintenance of drainage systems and public utilities. Analysis: The Dedications have been reviewed and approved by the Planning Commission. Financial Considerations: None. Legal Considerations: The Dedications will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council accept the Dedications. Agenda Item No. 32. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0132 TO: Mayor and City Council Members SUBJECT: DED 2006-03 -- Dedication of a Utility Easement, Located South of Central and East of Hoover Road. (District IV) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) ______________________________________________________________________________ Staff Recommendation: Accept the Dedication. MAPC Recommendation: Accept the Dedication. (12-0) Background: This Dedication is associated with a lot split case (SUB 2005-152). The Dedication is for construction and maintenance of public utilities Analysis: The Dedication has been reviewed and approved by the Planning Commission. Financial Considerations: None. Legal Considerations: The Dedication will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council accept the Dedication. Agenda Item No. No. 33. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. No. 06-0133 TO: Mayor and City Council SUBJECT: VAC2000-00043 - Request to vacate a platted drainage dedication, generally located southwest of the Kellogg Avenue and Kansas Turnpike interchange. (District II) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) Staff Recommendation: Approve. MAPC Recommendation: Approve (Unanimously). Background: The applicant is requesting consideration to vacate the platted 80-foot drainage dedication, as recorded on East Turnpike Entrance 2nd Addition. The applicant owns the abutting northern and southern properties. There are no utilities, water or sewer lines or manholes in the drainage dedication. The applicant has constructed an underground storm water drainage system, per city standards, that replaces the surface drainage that the 80-foot easement allowed. The East Turnpike Entrance 2nd Addition was recorded with the Register of Deeds on January 20, 1975. Analysis: The MAPC voted (9-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC's advertised public hearing or its Subdivision Committee meeting. No written protests have been filed. Financial Considerations: None. Legal Considerations: A certified copy of the Vacation Order, a drainage easement and a temporary easement, dedicated by separate instruments, will be recorded with the Register of Deeds. Recommendation/Actions: Follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order, and authorize the necessary signatures. Agenda Item No. 34. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0134 TO: Mayor and City Council SUBJECT: ZON2005-00044 - Zone change from "TF-3" Two-family Residential, "MF-29" Multi-family Residential and "GO" General Office to "NR" Neighborhood Retail, with a Protective Overlay. Generally located between Hillside Avenue and Lorraine Street, midway between 2nd & 3rd Streets. (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) MAPC Recommendations: Approve, subject to provisions of Protective Overlay District #164 (10-0). MAPD Staff Recommendations: Approve, subject to Protective Overlay District #164. DAB Recommendations: Not applicable. Background: The applicant requests a zone change from "TF-3" Duplex Residential, "MF-29" Multi-family Residential, and "GO" General Office to "NR" Neighborhood Retail on the platted, undeveloped site. The site is located between Hillside Avenue and Lorraine Street, midway between 2nd and 3rd Streets. This is the last undeveloped site on Hillside, between Douglas Avenue and Central Avenue. With the proposed zoning, the site's lots will have Hillside frontage and extend west to Lorraine Avenue. The applicant proposes development of the property for neighborhood retail uses. Development east of the site, across Hillside Avenue, include small medical and dental offices zoned "GO", and a vacant single-family residence zoned "MF-29". South of the site is another medical office zoned "GO", and a parking lot zoned "TF-3". Properties west of the site, across Lorraine Street, include single-family residences zoned "TF-3". North of the site, along its Hillside frontage is a medical office zoned "GO". Also north of the site, where it extends to Lorraine Avenue, is an apartment building zoned "B". Hillside Avenue, between Douglas Avenue and Central Avenue, is mostly stripped out and developed with medical and dental offices, a vet office, both drive through and sit down restaurants, retail, a bank, personal services, an older fire station and a few small apartments. The Wesley Hospital complex is located a block and a half northeast of the subject site, at Hillside Avenue and Central Avenue, and is the largest employer in the area. The site has access to Hillside Avenue and Lorraine Avenue. Hillside is a five-lane arterial along the east side of the site. Lorraine is a paved residential street (on a portion of the site's west side) that intersects with 2nd Street on its south end and dead ends at a drainage channel on its north end. 2nd Street is a one-way street going west at this location. The site also has access onto Lorraine from a partially paved, platted alley. Water, sewer and all other utilities are available. Any development on the subject property will be required to meet access management regulations, compatibility setback standards, landscaping and any other applicable codes and development standards. Comparing the uses allowed in "NR" zoning to the suggested types of uses sited in the Wichita Land Use Guide, the "NR" uses closely match the Guide's suggested "commercial, office, and personal services that do not have a significant regional draw". The uses allowed in "NR" zoning that are not allowed in the "GO" zoning district are restaurants, 2,000-sqaure feet or less in size, without drive through or curbside service and general retail uses. General retail uses do not include drive through or curbside service restaurants, convenience stores, vehicle repair limited or general, hotels/motels, service stations, car washes, night clubs, drinking establishments, taverns or pawn shops; none of these uses are permitted in the "NR" zoning district as well. Analysis: The Metropolitan Area Planning Commission, at their October 20, 2005 meeting, recommended approval (10-0) of the requested "NR" zoning with the provisions of Protective Overlay (PO) #164. No one spoke in opposition to the zoning change at the MAPC meeting, and no phone calls were received protesting the proposed zone change. The provisions of PO #164 are: 1. On site pole lights shall be no higher than 14-foot. They shall be hooded and directed onto the site and away from the residential developments and zoning west, north and south of the site. No pole lights shall be located within the required compatibility setbacks along the west, south and north sides of the property. 2. Solid screening with a landscape buffer will be provided along the west side of the site where it has frontage along Lorraine Avenue and where "TF-3" Duplex Residential zoning is west of the site and along its south and north sides where it abuts "TF-3" and "B" Multi-family Residential zoning. Solid screening will also be provided along the site's Hillside frontage's west side where it is adjacent to "B" zoning. 3. Permitted uses on lots fronting Lorraine Avenue (Lots 56, 58, 60 & 62, the Maple Grove Addition: these are the lots currently zoned "TF-3") are parking for the rest of the "NR" site and all residential uses permitted in the "NR" zoning district. 4. Dedication of complete access control onto Lorraine Avenue. 5. A restrictive covenant binding and tying the properties together. 6. Contingent dedication of 10-feet of right-of-way along the site's Hillside frontage. 7. Conformance to the current access management regulations. 8. Provide a guarantee for the paving of that portion of the alley that abuts the site Financial Considerations: None Legal Considerations: A dedication, by separate instrument, of complete access control onto Lorraine Avenue, a restrictive covenant, a contingent dedication of 10-feet of right-of-way along the site's Hillside frontage, and a petition insuring that alley pavement improvements will implemented, will be recorded with the Register of Deeds. Recommendation/Actions: 1. Concur with the findings of the MAPC and approve the zone change, subject to the additional recommended provisions of the Protective Overlay District and place the ordinance on first reading; or 2. Return the application to the MAPC for reconsideration. (An override of the Planning Commission's recommendation requires a two-thirds majority vote of the City Council on the first hearing.) OCA150004 BID 37529-009 CID#76383 Published in The Wichita Eagle on __________________________ ORDINANCE NO. ___________ AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS. SECTION 1. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows: Case No. ZON2005-00044 Request for Zone change from "TF-3" Duplex Residential, "MF-29" Multi-family Residential and "GO" General Office to "NR" Neighborhood Retail, on property described as: Lot 1, Bruce Meeker 2nd Addition, Wichita, Kansas, Sedgwick County, Kansas, together with Lots 56, 58, 60, 62, on Lorraine Avenue and Lots 55, 57 and 59, except the East 20 feet for street, on Hillside and the North 15 feet of Lot 61 except the East 20 feet for street, on Hillside, all in Maple Grove Addition to Wichita, Kansas, Sedgwick County, Kansas. Generally located between Hillside Avenue and Lorraine Street, midway between 2nd & 3rd Streets. SUBJECT TO THE FOLLOWING PROVISIONS OF PROTECTIVE OVERLAY DISTRICT #164: 1. On site pole lights shall be no higher than 14-foot. They shall be hooded and directed onto the site and away from the residential developments and zoning west, north and south of the site. No pole lights shall be located within the required compatibility setbacks along the west, south and north sides of the property. 2. Solid screening with a landscape buffer will be provided along the west side of the site where it has frontage along Lorraine Avenue and where "TF-3" Duplex Residential zoning is west of the site and along its south and north sides where it abuts "TF-3" and "B" Multi-family Residential zoning. Solid screening will also be provided along the site's Hillside frontage's west side where it is adjacent to "B" zoning. 3. Permitted uses on lots fronting Lorraine Avenue (Lots 56, 58, 60 & 62, the Maple Grove Addition: these are the lots currently zoned "TF-3") are parking for the rest of the "NR" site and all residential uses permitted in the "NR" zoning district. 4. Dedication of complete access control onto Lorraine Avenue. 5. A restrictive covenant binding and tying the properties together. 6. Contingent dedication of 10-feet of right-of-way along the site's Hillside frontage. 7. Conformance to the current access management regulations. 8. Provide a guarantee for the paving of that portion of the alley that abuts the site SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended. SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper. ADOPTED AT WICHITA, KANSAS, ___________________________ ______________________________ Carlos Mayans - Mayor ATTEST: ______________________________ Karen Sublett, City Clerk (SEAL) Approved as to form: ______________________________ Gary E. Rebenstorf, City Attorney Agenda Item No. 35. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0135 TO: Mayor and City Council SUBJECT: CUP2005-63 Associated with (ZON2005-49) - Creation of DP-291 Cedar Creek Marketplace Community Unit Plan; and Zone change from "SF-5" Single-family Residential to "LC" Limited Commercial. Generally located east of Greenwich Road and south of K-96. (District II) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) MAPC Recommendations: Approve, subject to conditions, vote (11-0). MAPD Staff Recommendations: Approve, subject to conditions. DAB Recommendations: Not applicable. Background: The applicant proposes to create a commercial Community Unit Plan containing approximately 33.5 acres east of Greenwich Road and south of K-96 and rezone the property from "SF-5" Single-family Residential to "LC" Limited Commercial. The CUP drawing shows three parcels. Parcel 1, a pad site (1.85 acres), is located along Greenwich and requests proposed uses of bank or financial institution; ATM; office; restaurant; retail and utility, minor. Parcel 2, the largest parcel ("19 acres) occupies the mid-section of the property and includes frontage on Greenwich and K-96. It also connects to the pond on the southeast corner of the CUP. Proposed uses added for Parcel 2 includes personal care service, personal improvement service, marine facility, recreational; printing and copying (limited) and recreation and entertainment (indoor). Parcel 3 (" 12 acres) requests the same uses as Parcel 1 but adds marine facility, recreational. The developer may capitalize on the pond in southeast corner of the parcel as an amenity, particularly for restaurants. Uses allowed in the "LC" district by Conditional Use are prohibited. Ground signage on Greenwich would be monument type signs with a maximum height of 20 feet except for one site identification pole or monument sign with a maximum height of 30 feet. Along K-96, two ground signs, including one site identification pole or monument sign with a maximum height of 30 feet and a second sign that would be per code or up to 20 feet above the height of the adjoining freeway, are requested; building wall signage in accordance with the Wichita Sign Code would provide other signage. Window displays would be limited to 25% of window area. Moving signs except time and temp or public service message are prohibited. Maximum building coverage would be 30% (437,909 square feet) and maximum gross floor area would be 35% (510,893 square feet). Maximum building height would be 40 feet. Perimeter setbacks are 35 feet. Buildings would have uniform architectural compatibility of character, color, texture and materials, and contain predominately earth-tone colors. The agent has indicated predominately metal facades would not be allowed. Also, the agent indicated that the buildings would be developed as double frontage buildings with street side facades along K-96 rather than placing typical rear building activities along K-96. Parking lots would have similar or consistent lighting elements. A solid screening wall (6-8 feet in height) would be as required by Unified Zoning Code for CUPs except along the pond. A landscape buffer would be provided along the edge instead. The site is part of Kensington Gardens, a 75-acre cemetery development zoned "LC" (7 acres) for the funeral home and "SF-5" (68 acres) for the cemetery itself. The southern half of the cemetery would remain south of the proposed CUP. K-96 borders the proposed CUP on the east and north; a bike path is located within the K-96 right-of-way. The area north of K-96 is zoned "SF-20" Single-family Residential, but is approved for "LI" Limited Industrial subject to platting. The property southeast of K-96 is a large church. A single-family residence zoned "SF-5" abuts the site to the southwest and an 18-acre commercial property zoned "LC" (The Manhattan Addition that is subject to a Restrictive Covenant similar to CUP development requirements) occupies the rest of the property on the northeast corner of Greenwich and 21st Street North. Other than a bank, this property is vacant. DP-234 Regency Lakes CUP (63 acres zoned "LC" and "LI") occupies the property from the northwest corner of Greenwich and 21st Street North to K-96 and is located across Greenwich from the proposed CUP. It is partially developed with a Super Target, a mid-sized retail use, a restaurant under construction; several outparcels and larger parcels are vacant. DP-266, The Woodlands CUP (116 acres approved for "LC" but with 52 acres for commercial and office use), a.k.a. Oak Creek, is located on the southwest corner of Greenwich and 21st and is vacant. DP-279 Slawson East Commercial CUP (60 acres approved for "LC"), a.k.a. Crosspointe, is located on the southeast corner and is vacant. DP-277 Bruce Brown Property CUP (69 acres approved for "LC") is located south of DP-279 and also is vacant. Total amount of property approved for commercial use in this area is approximately 270 acres. Analysis: At the MAPC meeting held December 22, 2006, no citizens spoke on the case. The agent for the applicant discussed that they wished to have a second ground sign on K-96, which would be per Sign Code or up to 20 feet in height above the height of the roadway surface. The increasing height to 20 feet above the roadway surface is allowable by administrative adjustment in the Wichita Sign Code, and the action of the MAPC and Wichita City Council to approve a sign meeting these requirements would constitute granting this increased height. Recommended conditions from MAPC are as follows: A. APPROVE the zone change (ZON2005-49) to "LC" Limited Commercial subject to platting of the entire property within one year; B. APPROVE the Community Unit Plan (DP-291), subject to the following conditions: 1. The applicant shall guarantee a center left-turn lane at the entrance on Greenwich Road at time of platting. 2. The applicant shall guarantee proportionate share of traffic signalization for the entrance at the time of platting. 3. Add to General Provision 6: All signs shall be spaced a minimum of 150 feet apart on Greenwich Road. 4. Add to General Provision 7: Building elevations facing K-96 shall have facades designed as street facades with elements such as but not limited to windows, doors, parking for customers, and building materials similar to the front facades. No predominately metal facades shall be permitted. Service areas including but not limited to loading docks, outdoor work and storage areas, trash receptacles, and mechanical equipment shall not be located on K-96 or shall be screened from ground level view and view of passing traffic. 5. Clarify in General Provision 17 that plantings in a landscape buffer may be located within 75 feet of the water surface of the body of water. 6. Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. 7. The transfer of title of all or any portion of the land included within the Community Unit Plan does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land for commercial development and be binding upon the present owners, their successors and assigns, unless amended. 8. All property included within this CUP and zone case shall be platted within one year after approval of this CUP by the Governing Body, or the cases shall be considered denied and closed. The resolution establishing the zone change shall not be published until the plat has been recorded with the Register of Deeds. 9. Prior to publishing the resolution establishing the zone change, the applicant(s) shall record a document with the Register of Deeds indicating that this tract (referenced as DP-291) includes special conditions for development on this property. 10. The applicant shall submit 4 revised copies of the CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. 11. Change sentence #4 of General Provision 6 to read: "Signage height shall not exceed 20', except for one site identification sign along K-96 and one site identification sign along Greenwich that can be either monument or pole type, up to 30' in height, and one freestanding sign on K-96 with a maximum height (top of sign) of 30' or not to exceed 20 feet above the height of the top of the highest railing or barrier along the traffic deck or decks within the right-of-way at a point perpendicular to the sign or 30', whichever is higher. The maximum sq. ft. of sign area permitted for ground or pole signs along Greenwich shall be calculated at 0.8 sq. ft. per lineal feet of street frontage and shall be limited to two signs allowed on K-96 with a maximum size of 300 square feet each. Financial Considerations: None. Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department. Recommendation/Actions: 1. Adopt the findings of the MAPC and approve the zone change and CUP subject to the condition of platting within one year and the recommended conditions; instruct the Planning Department to forward the ordinance for zone change for first reading when the plat has been recorded with the Register of Deeds; or 2. Return the application to the MAPC for reconsideration. (An override of the Planning Commission's recommendation requires a two-thirds majority vote of the members of the governing body on the first hearing.) Agenda Item No. 36. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0136 TO: Mayor and City Council Members SUBJECT: A06-03R Request by Paul Kelsey, of Kelsey Development Incorporated, to annex land generally located to the northeast of the intersection of 13th Street and 151st Street. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) _____________________________________________________________________________ Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 62.08 acres of land generally located to the northeast of the intersection of 13th Street and 151st Street. The annexation area abuts the City of Wichita to the east. The property owner anticipates that the proposed property will be developed with approximately 119 single-family residential units. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 62.08 acres of property currently zoned "SF-20" Single-Family Residential, which upon annexation will convert to "SF-5" Single-Family Residential. Property to the north, south and west of the subject property is zoned "SF-20" Single-Family Residential. Property to the east is zoned "SF-5" Single-Family Residential. Public Services: The nearest water line is a 16" line in 13th Street coming from the east and ending at the east line of this area. This line will be extended as part of the platting process. This area is also waiting for a 24" sewer main to be constructed in 135th West from 21st North. Street System: The subject property borders 13th Street to the south, which is a dirt road. No improvements are scheduled for the road segment bordering the proposed annexation property, but road improvements are scheduled for segments of 135th Street and 13th Street just 1/2 mile to the east of the subject property. Since the City of Wichita recently reconstructed the bridge over the Cowskin Creek, 13th Street must be elevated and repaved. In order to address this issue, the Sedgwick County Capital Improvement Program 2006-2010, the 2006 Transportation Improvement Program and the City of Wichita Capital Improvement Program (CIP) 2005-2014 have scheduled road improvements for 13th Street, east of the proposed annexation property, between 119th Street and 135th Street. In addition, the 2006 Transportation Improvement Program and the City of Wichita Capital Improvement Program (CIP) 2005-2014 have also scheduled 135th Street to be reconstructed and widened from 21st Street to Maple Street. Public Safety: Fire services to this site can be provided by the City of Wichita within a nine (9) to ten (10) minute approximate response time from City Station No. 16, located at 1632 N. Tyler. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department, headquartered at 661 N. Elder. Parks: West Meadows Park, a 1.5-acre park, is located approximately 2 miles to the east of the proposed annexation site and contains a children's play area, a basketball court and a tennis court. Swanson Park, a 93-acre park, is located approximately 3 miles from the proposed annexation site and contains a nature trail and parking area. Buffalo Park, a 38-acre park, is approximately 4 miles from the proposed site and contains 3 softball diamonds, 2 tennis courts, a children's play area, a basketball court and a fishing pond. According to the 1996 Parks and Open Space Master Plan, a pathway has been proposed that would run along the west border of the subject property along the creek. School District: The annexation property is part of the Unified School District 266 (Maize School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the 2030 Wichita Urban Growth Area as shown in the Plan. Financial Considerations: The current estimated appraised value of the proposed annexation lands is $15,085 with a total assessed value of $4,453. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $122 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that approximately 119 single-family units will be developed within the next four years. The total appraised value of the development after completion is estimated at $20,230,000. Assuming the current City levy remains about the same, this would roughly yield a total of $73,064 in City annual tax revenues. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request and first reading of the Ordinance. OCA150004 BID #37529-009 CID #76383 (150004) PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-03) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District V respectively: That part of the SW 1/4 of Sec. 11, Twp. 27-S,R-2-W of the 6th P.M., Sedgwick County, Kansas described as follows: Beginning at the SE corner of said SW 1/4 ; thence S89°37'42"W along the south line of said SW 1/4 , 1157.22 feet; thence N01°18'36"E, 300.28 feet; thence N35°57'09"W, 407.18 feet; thence N03°43'09"W, 217.63 feet; thence N74°45'00"E, 339.53 feet; thence N03°34'31"E, 463.07 feet; thence N36°13'57"E, 260.83 feet; thence N01°07'09"W, 413.54 feet; thence N84°35'27"E, 193.60 feet; thence N00°29'15"W, 599.25 feet to a point on the north line of said SW 1/4; thence N89°41'05"E along the north line of said SW 1/4, 730.08 feet to the NE corner of said SW 1/4; thence S00°21'50"W, 2636.36 feet to the point of beginning, all being subject to road rights-of-way of record. Area to Sec. Line: 2,704,157.712 Sq. Ft or 62.079 Acres more or less. SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. _________________________________ Carlos Mayans, Mayor ATTEST: ____________________________________ Karen Sublett, City Clerk Approved as to form: ____________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 37. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0137 TO: Mayor and City Council Members SUBJECT: A06-04R Request by Paul Kelsey, of Kelsey Investments, Inc., to annex land generally located west of 135th Street, between 21st Street and 13th Street. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 106.3 acres of land generally located west of 135th Street, between 21st Street and 13th Street. The annexation area abuts the City of Wichita to the south. The property owner anticipates that the proposed property will be developed with approximately 244 single-family residential units. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 106.3 acres of property currently zoned "SF-20" Single-Family Residential, which upon annexation will convert to "SF-5" Single-Family Residential. Property to the north, east and west of the subject property is zoned "SF-20" Single-Family Residential, while property to the south is zoned "SF-5" Single-Family Residential. Public Services: The nearest water line is an 8" water line located within the subdivision to the south of the proposed property. This area is also waiting for a 24" sewer main to be constructed along 135th Street from 21st Street. Street System: The subject property borders 135th Street to the east, which is a paved, two-lane road. The 2006 Transportation Improvement Program and the City of Wichita Capital Improvement Program (CIP) 2005-2014 have scheduled 135th Street to be reconstructed and widened, to the east of the subject property, from 21st Street to Maple Street. In addition, since the City of Wichita recently reconstructed the bridge over the Cowskin Creek, 13th Street must be elevated and repaved. The Sedgwick County Capital Improvement Program 2006-2010, the 2006 Transportation Improvement Program and the City of Wichita Capital Improvement Program (CIP) 2005-2014 have scheduled road improvements for 13th Street, south of the proposed annexation property, between 119th Street and 135th Street. Public Safety: Fire services to this site can be provided by the City of Wichita within a nine (9) to ten (10) minute approximate response time from City Station No. 16, located at 1632 N. Tyler. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department, headquartered at 661 N. Elder. Parks: West Meadows Park, a 1.5-acre park, is located approximately 2 miles to the east of the proposed annexation site and contains a children's play area, a basketball court and a tennis court. Swanson Park, a 93-acre park, is located approximately 3 miles to the southeast from the proposed annexation site and contains a nature trail and parking area. Buffalo Park, a 38-acre park, is approximately 4 miles from the proposed site and contains 3 softball diamonds, 2 tennis courts, a children's play area, a basketball court and a fishing pond. According to the 1996 Parks and Open Space Master Plan, a pathway has been proposed that would run along the east edge of the proposed property along 135th Street. School District: The annexation property is part of the Unified School Districts 266 and 267 (Maize and Renwick School Districts). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the 2030 Wichita Urban Growth Area as shown in the Plan. Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $21,800 with a total assessed value of $6,540. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $205 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that approximately 244 single-family housing units will be developed within the next five years. The total appraised value of this residential development after completion is estimated at $20,740,000. Assuming the current City levy remains about the same, this would roughly yield a total of $74,906 in City annual tax revenues. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request and first reading of the Ordinance. OCA150004 BID #37529-009 CID #76383 (150004) PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-04) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District V respectively: Parcel 1: The south 1131.94 feet of the E 1/2 of the NE 1/4 of Sec. 11, Twp. 27-S, R-2-W of the 6th P.M., Sedgwick County, Kansas, subject to road rights of way of record. Parcel 2: The SE 1/4 of the NE 1/4 of Sec. 11, Twp. 27-S, R-2-W of the 6th P.M., Sedgwick County, Kansas, except the south 1131.94 feet thereof, subject to road rights of way of record. Parcel 3: The W 1/2 of the NE 1/4 of Sec. 11, Twp. 27-S, R -2-W of the 6th P.M., Sedgwick County, Kansas, except the north 1310 feet thereof, subject to road rights of way of record. Parcel 4: That part of the E 1/2 of the SE 1/4 of Sec. 11, Twp. 27-S, R-2-W of the 6th P.M., Sedgwick County, Kansas described as follows: Beginning at the NE corner of Copper Gate North Addition, Wichita, Sedgwick County, Kansas; thence westerly along the north line of said Copper Gate North Addition to the NW corner of said Copper Gate North Addition, said NW corner being on the west line of the E 1/2 of said SE 1/4; thence northerly along the west line of the E 1/2 of said SE 1/4 to the NW corner of the E 1/2 of said SE 1/4; thence easterly along the north line of the E 1/2 of said NE 1/4 to the NE corner of said SE 1/4; thence southerly along the east line of said SE 1/4 to the intersection with the easterly extension of the north line of said Copper Gate North Addition; thence westerly along said extended north line to the point of beginning, subject to road rights of way of record. SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. _________________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk Approved as to form: _________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 38. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0138 TO: Wichita Airport Authority SUBJECT: Terminal Area Redevelopment Program Environmental Assessment Contract Wichita Mid-Continent Airport INITIATED BY: Airport Department AGENDA: Wichita Airport Authority (Consent) Recommendation: Approve the capital project budget adjustment and contract. Background: On June 7, 2005 the Wichita Airport Authority approved a project budget of $4.7 million for the first phase of the Terminal Area Redevelopment Program. Analysis: In order to comply with Federal Aviation Administration (FAA) requirements, it is necessary to conduct an environmental assessment study. A contract has been negotiated with HNTB, the selected architect for the project, to provide professional services. Financial Considerations: The contract amount of $104,572 will be funded with FAA grant funds, Airport Passenger Facility Charges, and General Obligation Bonds paid for with airport revenue. A budget increase of $104,572 is requested. Funds are identified in the Capital Improvement Program. Legal Considerations: The Law Department has approved the contract and the Authorizing Resolution as to legal form. Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the project budget adjustment, approve the contract, adopt the Authorizing Resolution and authorize necessary signatures. Agenda Item No. 39. City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0139 TO: Wichita Airport Authority SUBJECT: Airfield Pavement Taxiway "N" Construction Wichita Mid-Continent Airport INITIATED BY: Airport Department AGENDA: Wichita Airport Authority (Consent) Recommendation: Approve the change order. Background: On June 3, 2003, Ritchie Paving, Inc. was awarded the contract for the Taxiway "N" project in the amount of $7,016,064.70. Analysis: A change order has been prepared to adjust final field-measured quantities. Financial Considerations: The change order reflects a deduction in the amount of $33,976.03. Legal Considerations: The change order has been approved by the Law Department and will be approved by the FAA. Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the change order and authorize the necessary signatures. Agenda Item No. 39a City of Wichita City Council Meeting February 7, 2006 Agenda Report No. 06-0091A. TO: Wichita Airport Authority SUBJECT: Contract for Outside Legal Services -- Delta Airlines Complaint With FAA Re: Air Tran Airlines INITIATED BY: Law Department AGENDA: Consent (Wichita Airport Authority) Recommendation: Approve amendment to existing contract with outside counsel to increase maximum payment for fees and expenses. Background: This matter was deferred by the Wichita Airport Authority from its meeting agenda of January 24, 2006 to the meeting agenda of February 7, 2006. In December 2004 the City Manager retained the law firm of Palmer & Dodge to represent the interests of the Wichita Airport Authority in connection with a complaint filed with the Federal Aviation Administration by Delta Airlines challenging the relationship between the City of Wichita and AirTran Airlines entered into in May 2004. This agreement was for an initial amount not to exceed $24,000. The contract was amended by the Wichita Airport Authority Council on September 13, 2005, to increase authorized payments to $75,000. The firm has provided representation since that time and the matter remains pending with the FAA. Recently, the firm has completed multiple filings with the FAA to respond to submissions by Delta and has submitted billings for this legal work. There is some additional legal work necessary to fully protect the interests of the Wichita Airport Authority that will exceed the limits of the existing contract as amended. In addition, the firm of Palmer & Dodge has merged with another firm and the new name of the firm is Edwards, Angell, Palmer & Dodge. The attorney who has provided the legal services to date has not changed with the merger. Analysis: In order to continue to represent the Wichita Airport Authority adequately in this matter the maximum amount that can be expended for fees and expenses under the existing contract needs to be increased to $99,000 $125,000. Financial Considerations: The fees and expenses for the City's defense of this lawsuit will be paid by the Wichita Airport Authority. Legal Considerations: The Law Department has approved the amendment to the contract for legal services as to form. Recommendations/Actions: Authorize the Mayor to execute the amendment to the contract on behalf of the Wichita Airport Authority increasing the maximum amount of fees and expenses that may be expended under the agreement with Edwards, Angell, Palmer & Dodge to $99,000 $125,000.