Revised to add Agenda Item No. 20 APRIL 4, 2006 AGENDA REPORTS Agenda Item No. 10A City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0338 TO: Mayor and City Council SUBJECT: Sculpture Maintenance Contract INITIATED BY: Division of Arts and Culture AGENDA: Consent Recommendation: Approve the contract Background: The 2006 budget provides funds to maintain the various public art pieces that are owned and maintained by the City. This allocation represents City programmed funds for maintenance of these donated sculptures and constructed artwork in various areas of the City. The existing collection is in need of maintenance and repairs due to vandalism and damage resulting from weather and environmental elements. The City issued RFP's to qualified firms to perform this work. The firm of Gotta Corporation is the recommended business to perform this contract work. Analysis: The contract provides for various elements of work, these include such items as semi-annual maintenance cycles during the Spring and Fall of 2006 with specific tasks as: · Submission of digital photo documentation of sculpture & site location (on or before November 2006). · Submission of digital photo documentation of vandalism or damage to sculptures. · Submission of condition reports, including: descriptions and dimensions of sculpture environmental elements around sculpture; visual identification of materials of Sculpture & base; assessment of structural integrity of sculpture, base; and possible damage to sculpture from environmental elements; cleaning of sculpture; and reviews with staff on assessments, conditions and long-term preventative maintenance programs. In addition, written reports for each sculpture will include historical information, fabrication details, installation date, site background and related activities will be provided. Financial Consideration: A budget allocation for this work totals $50,000. The cost submitted by the contractor for 2006 is $49,970.00, based on the written inventory submitted by Gotta Corporation. Sculptures that are not on the inventory will be billed at a cost of $55 per hours, plus expenses. Recommendations/Actions: It is recommended that the City Council approve the contract with Gotta Corporation. City Managers Office/Arts & Cultural Division Public Arts Maintenance Project Proposal No. - FP600005 Revised January 23, 2006 CONTRACT Gotta Corporation March 14, 2006 125 S. Clifton Ave. BP#___________ Wichita, KS 67218 Fax: 316.683.7939 E-mail: jasonblonergan@yahoo.com Jason Lonergan, President/Project Manager Phone: 316-519-6935 The City of Wichita wishes to exercise its option to reengage its contract dated December 31, 2002 with Gotta Corporation [Vendor Code Number - 481214426-001] to provide public art maintenance services{Commodity Code Number- ______________} (Formal Proposal - FP600005) for the Division of Arts & Cultural Services of the City of Wichita. This is to be per your bid and the specifications of January 23, 2006 and as approved by the City Council on April ___, 2006. At this time the City of Wichita wishes to engage in Part 2: Inspection and Cleaning of the accepted bid. They may at anytime exercise their right to engage in Part 1: Collection Assessment & Photographic Documentation (in full or part) upon notice to Gotta Corporation. The renewal of this contract shall be for a one (1) year period from January 1, 2006 through December 31, 2006 by mutual agreement of both parties. The City of Wichita has the option to renew this contract for two (2) additional one (1) year periods in consecutive years 2007 and 2008. Gotta Corporation will begin work immediately upon the validation of this contract and the receipt of the required 50% deposit of $24,965.00. GOTTA CORPORATION ____________________________ ____________ _______________________________ Signature Date Print Name ____________________________ _______________________________ Title Telephone Number CITY OF WICHITA ____________________________ ____________ _______________________________ Signature Date Print Name ____________________________ _______________________________ Title Telephone Number Agenda Item 10b. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0339 TO: Mayor and City Council SUBJECT: Agreement to Respread Assessments: Fox Ridge Addition (north of 29th Street North, between Maize and Tyler) (District V) INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve the Agreement. Background: The landowners, Matthew J. & Julie A. Brown and Craig & Michelle Sellens have submitted an Agreement to respread special assessments within Fox 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 to more fairly distribute the cost of the improvements. 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. 10c. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0340 TO: Mayor and City Council Members SUBJECT: Street Resurfacing Project on Kellogg from Webb Road to the East City Limits (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The Kansas Department of Transportation (KDOT) has available a street resurfacing (KLINK) program for cities which have highway connecting links within the their city limits. The KLINK program is intended for resurfacing improvements on the connecting links, which are maintained by the cities. KDOT has advised the City of Wichita that KLINK Fiscal year 2008 funds in the amount of $200,000 have been allocated for a resurfacing project on Kellogg from approximately one-quarter mile west of Webb Road to the east city limits. Analysis: The estimated total cost of this project is $400,000. The attached Agreement provides that KDOT will reimburse the City in the amount of fifty percent of the approved construction cost including construction engineering and contingencies, but not to exceed a maximum of $200,000. Financial Considerations: Funding in the amount of $200,000 is available in the Street Maintenance Operating budget for the local portion of the cost of this project. 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. AGENDA ITEM NO. 10D. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0341 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Construction Engineering and Staking in Casa Bella Addition (north of Pawnee, west 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 storm water drainage improvements in Casa Bella Addition on December 20, 2005. On January 24, 2006 the City approved an Agreement with Ruggles & Bohm, P.A. (R&B) to design the improvements. The Design Agreement with R&B requires R&B to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreement between the City and R&B provides for construction engineering and staking 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 R&B will be on a lump sum basis of $41,100 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. *Attachments included: Supplemental Agreement SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED JANUARY 24, 2006, BETWEEN THE CITY OF WICHITA, KANSAS, PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND RUGGLES & BOHM, P.A., PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER." WITNESSETH: WHEREAS, there now exists a Contract (dated January 24, 2006) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in CASA BELLA ADDITION (north of Pawnee, west 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) STORM WATER DRAIN NO. 276 serving Lots 1 through 43, Block 1; Lots 1 through 7, Block 2; Lots 1 through 9, Block 3; Lots 1 through 35, Block 4, Casa Bella Addition and Unplatted Tract A (north of Pawnee, west of 127th Street East) (Project No. 468 84073). Construction staking and final as-built of all areas included in the project mass grading plan will be the responsibility of the ENGINEER, with final as-built plans submitted and sealed by a licensed land surveyor or registered professional engineer. Minimum construction staking shall consist of the following: grade stakes set at 50 foot centers in tangent sections, and 25 foot centers through curve sections, at the street centerline (to match CL street stationing per paving plans); both right-of-way lines (at lot corners); back lot/easement lines (at lot corners); as well as any other grade break lines. Grade stake cuts and fills shall be to the dirt grade as required by the mass grading plan details, and shall not be set for final pavement grade, nor to actual final subgrade elevation. Final elevations for all areas outside the street right-of-way to be graded per plans, provisions or otherwise, including lots, easements, ponds and reserve areas, shall be within +/-0.2' of plan call-outs, unless otherwise stated in plans or provisions. Final elevations within the street right-of-way shall be within +/-0.1' of plan call-outs. The ENGINEER will be responsible to provide initial as-built(s) to the City's Project Engineer, who will coordinate any rework with the contractor. The ENGINEER'S survey and as-built generation responsibilities will include re-checking all points deemed to be out of compliance by the City project engineer, regardless of the number of times to achieve compliance. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the Project Engineer within 5 days of completion of final grading, will show original plan and final as-built elevations at all original call-out locations. Submittals will include both standard plan sheets as well as an electronic file. B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 468 84073 $41,100.00 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 RUGGLES & BOHM, P.A. ______________________________ (Name & Title) ATTEST: _________________________________ Agenda Item No. 10e. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0342 TO: Mayor and City Council SUBJECT: Water Master Plan Update - Supplemental Agreement INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendations: Approve Supplemental Agreement No. 2 with Burns & McDonnell for work on the Water Master Plan Update. Background: On June 3, 2003, the City Council approved a Contract with Burns & McDonnell Engineering Company, Inc. to provide engineering services for the Water Master Plan Update. Analysis: Burns & McDonnell Engineering Company, Inc. utilized the City's hydraulic computer model to assist them in determining future Capital Improvement Program projects. Prior to modeling the potable water distribution system, it was necessary for the engineer to make adjustments to the Geographical Information System shapefile. This part of the work had not been anticipated prior to starting the Water Master Plan Update. It is required, however, so that the engineer can geocode the electronic files for accuracy as outlined in the engineer's original Scope of Services. Financial Considerations: The cost for Supplemental Agreement No. 2 for the Water Master Plan Update will not exceed $9,073. Funds are available in CIP W-526, Water Master Plan, that has available funding of $335,000. Legal Considerations: The Law Department has reviewed and approved the Supplemental Agreement as to form. Recommendation/Actions: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. Agenda Item No. 10f. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0343 TO: Mayor and City Council SUBJECT: Electrical Repair Service-Selection of Vendor INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve contract. Background: Various City departments require residential and commercial electrical repair services. To obtain the most qualified electrical repair service at a cost that would be most beneficial to the City, a Request for Proposal was sent to thirty-nine (39) vendors and four (4) responded. Analysis: A selection committee reviewed the proposals. Each proposal was evaluated on the basis of qualifications, experience, references, and costs. Based on this criteria, Shelley Electric, Inc. was selected for the electrical repair services. Financial Considerations: The contract will not obligate the City to any specific purchases or volume of purchases on electrical repair services; it only provides the departments the ability to obtain electrical repair services from the most qualified, cost-effective vendor. Legal Considerations: The Law Department will review and approve the contract as to form. The contract will be for one year with an annual renewal option for an additional two years. Recommendations/Actions: It is recommended that the City Council approve the selection of Shelley Electric, Inc. for the electrical repair services and authorize the necessary signatures. Agenda Item No. 10g. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0344 TO: Mayor and City Council SUBJECT: Agreement to Respread Assessments: Reed Commercial & Reed's Cove 3rd Additions (south of 21st Street North, east of 127th Street East) (District II) INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve the Agreement. Background: The landowners, 21/127, L.C.; Nies Homes, Inc.; Ritchie Building Company, Inc.; Ink Residential Group, LLC; Robl Construction, Inc.; and Ann M. Ross have submitted an Agreement to respread special assessments within Reed Commercial and Reed's Cove 3rd Additions. Analysis: The land was originally included in an improvement district for a storm water drain project. The purpose of the Agreement is to respread special assessments to more fairly distribute the cost of the improvement. 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. 10h. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0345 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Construction Engineering and Staking in Fontana Addition (east of 119th Street West, north of 29th Street North) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the storm water drainage improvements in Fontana Addition on November 22, 2005. On January 10, 2006 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 construction engineering and 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 PEC will be on a lump sum basis of $60,200 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. *Attachments included; Supplemental Agreement SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED JANUARY 10, 2006, 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 January 10, 2006) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in FONTANA ADDITION (east of 119th Street West, north of 29th Street North). 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. 236 serving Lots 1 through 68, Block 1; Lots 1 through 25, Block 2; Lots 1 through 55, Block 3; Lots 1 through 26, Block 4; Lots 1 through 12, Block 5; Lots 1 through 19, Block 7; Lots 1 through 16, Block 8, Fontana Addition; Lots 1 through 36, Block 1; Lots 1 through 8, Block 2, Fontana 2nd Addition (east of 119th Street West, north of 29th Street North) (Project No. 468 83883). As-built of all areas included in the project mass grading plan will be the responsibility of the ENGINEER and shall be submitted and sealed by a licensed land surveyor or registered professional engineer. Final elevations for all areas to be graded per plans, provisions or otherwise, including street right-of-way, lots, easements, ponds and reserve areas, shall be within +/- 0.2' of plan call-outs, unless otherwise stated in plans or provisions. ENGINEER will be responsible to coordinate any rework with the contractor, regardless of the number of times necessary to achieve allowable tolerance, and will ensure that a minimum slope is maintained in all drainage easements, especially in such cases where the +/- tolerance could result in a less than desirable percent of grade. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the project engineer as soon as possible after completion of final grading, will show original plan and final as-built elevations at all original call-out locations. B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 468 83883 $60,200.00 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. 10i. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0346 TO: Mayor and City Council Members SUBJECT: Agreement with the Kansas Department of Transportation for improvements to I-135/US-54 Interchange and I-135 from Lincoln to Harry (District I) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The Kansas Department of Transportation (KDOT) intends to improve the interchange of I-135/US-54 (ramps) and on southbound I-135 from Lincoln to Harry (bridge deck repairs, and changes to the lighting systems, signal systems, and pavement markings). Because this section of I-135 is located within the city limits and because the operation and maintenance of I-135 and other federal and state highway connecting links are covered by another agreement between the State and City, it is necessary for the City and KDOT to enter into an agreement for this construction project. Analysis: The Agreement authorizes the work to be done within the city limits. It contains a provision whereby the City and KDOT shall mutually agree on how traffic will be handled during construction. I-135 traffic and access through local streets is maintained. Financial Considerations: There is no cost to the City associated with this Agreement. Legal Considerations: The City/State 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. *Attachments included: Agreement Agenda Item No. 11a. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0347 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Shadow Woods Addition (west of 135th Street West, north of Maple) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system and paving improvements in Shadow Woods Addition on July 20, 2004. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water distribution system and paving in Shadow Woods Addition. Per Administrative Regulation 7a, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Financial Considerations: Payment to Baughman will be on a lump sum basis of $30,100 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. *Attachments included; Agreement AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS And BAUGHMAN COMPANY, P.A., for SHADOW WOODS ADDITION THIS AGREEMENT, made this ________________ day of _____________________________________, 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 HEREAS, the CITY intends to construct; WATER DISTRIBUTION SYSTEM NO. 448 89984 serving Lots 31 through 54, Block A; Lots 26 through 36, Block C, Shadow Woods Addition (west of 135th Street West, north of Maple) (Project No. 448 89984). CITY VIEW from the north line of Lot 37, Block C, north to the northwest line of the plat, and on BURTON from the east line of City View, east to the southeasterly line of Lot 26, Block C. TEXAS CIRCLE from the north line of Burton, northeasterly to and including cul-de-sac, and on BURTON COURT from the south line of Burton, south and east to and including the cul-de-sac. Sidewalk be constructed on one side of City View and Burton (west of 135th Street West, north of Maple) (Project No. 472 84060). NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing improvements in Shadow Woods Addition and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 448 89984 $ 7,400.00 Project No. 472 84060 $22,700.00 TOTAL $30,100.00 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 therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ____________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ "EXHIBT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by May 22, 2006. (Project No. 448 89984) b. Plan Development for the paving improvements by June 26, 2006. (Project No. 472 84060) Agenda Item No. 11b. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0348 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Harvest Ridge Addition (west of Maize, south of 31st Street South) (District IV) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system, sanitary sewer and paving improvements in Harvest Ridge Addition on July 15, 2003. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer and paving in Harvest Ridge Addition. Per Administrative Regulation 7a, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Financial Considerations: Payment to Baughman will be on a lump sum basis of $40,200 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 HARVEST RIDGE ADDITION. 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 89850 serving Lots 32 through 33, Block A; Lots 31 through 50, Block B; Lots 18 through 35, Block C, Harvest Ridge Addition (west of Maize, south of 31st Street South) (Project No. 448 89850). LATERAL 2, MAIN 5, COWSKIN INTERCEPTOR SEWER from serving Lots 32 through 50, Block B; Lots 18 through 35, Block C, Harvest Ridge Addition (west of Maize, south of 31st Street South) (Project No. 468 83660). HOLLYWOOD from the north line of K-42 Drive north and west to the west line of Lot 18, Block C, on 35TH STREET SOUTH from the northeast line of Hollywood, north to the south line of Lot 31, Block A. Sidewalk constructed on one side of Hollywood, and 35th Street South (west of Maize, south of 31st Street South) (Project No. 472 83805). 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 Harvest Ridge Addition and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 448 89850 $ 6,600.00 Project No. 468 83660 $ 12,200.00 Project No. 472 83805 $21,400.00 TOTAL $40,200.00 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 therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ______________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ "EXHIBT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by May 8, 2006. (Project No. 448 89850). b. Plan Development for the sewer improvements by April 24, 2006. (Project No. 468 83660). c. Plan Development for the paving improvements by June 12, 2006. (Project No. 472 83805). Agenda Item No. 11c. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0349 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Auburn Hills 16th Addition (south of Maple, east of 151st Street West) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the storm water drainage improvements in Auburn Hill 16th Addition 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 storm water drainage in Auburn Hills 16th Addition. Per Administrative Regulation 7a, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Financial Considerations: Payment to Baughman will be on a lump sum basis of $42,800 and will be paid by special assessments. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. *Attachments included; Agreement AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS And BAUGHMAN COMPANY, P.A. for AUBURN HILLS 16TH ADDITION 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; STORM WATER DRAIN NO. 278 serving Lots 1 through 76, Block A; Lots 1 through 10, Block B; Lots 1 through 16, Block C; Lots 1 through 26, Block D; Lots 1 through 31, Block E; Lots 1 through 9, Block F; Lots 1 through 51, Block G, Auburn Hills 16th Addition (south of Maple, east of 151st Street West) (Project No. 468 84092). NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing improvements in Auburn Hills 16th Addition and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 468 84092 $42,800.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ______________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ "EXHIBT "A SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the storm water improvements by June 19, 2006. (Project No. 468 84092). Agenda Item No. 12a. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0350 TO: Mayor and City Council Members SUBJECT: Change Order: 29th St. North Improvement, between Maize and Tyler. (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On November 23, 2004, the City Council approved a construction contract with Ritchie Paving, Inc. (now Lafarge of North America) to improve 29th St. North, between Maize and Tyler. In accordance with recommendations of the Art & Design Board and at the request of an adjoining developer, it was determined that curvilinear sidewalk should be constructed as part of the project. In addition, a culvert was needed to properly drain an adjoining residential property and additional concrete driveway work was needed. 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 $17,304, with the total paid by a combination of City-at-Large ($3,460) and Federal Grants administered by the Kansas Department of Transportation ($13,844). The original contract amount is $2,323,766. This Change Order plus previous Change Orders represents 1.23% 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. AGENDA ITEM NO. 12B. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0351 TO: Mayor and City Council Members SUBJECT: Change Order: Street Paving in Oak Creek Addition (south of 21st, west of Greenwich) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On September 13, 2005, the City Council approved a contract with Cornejo & Sons, Inc. for street paving in Oak Creek Addition, located south of 21st, west of Greenwich. A part of the work is the installation of a storm water sewer system. The developer of the subdivision has requested that the project scope be modified to: (1) accommodate a revised plat, (2) serve as an outfall for a future pond and (3) to avoid conflict with a group of large oak trees. Analysis: A Change Order has been prepared for the cost of the additional work. Funding is available within the project budget. Financial Considerations: The cost of the additional work is $34,475 with the total paid by special assessments. The original contract amount is $930,528. This Change Order represents 3.7% 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. Agenda Item No. 13. CITY OF WICHITA City Council Meeting April 4, 2006 Agenda Report No. 06-0352 TO: Mayor and City Council Members SUBJECT: Acquisition of Land and Development of Site for Explosive Disposal Facility INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Approve the acquisition of land and development budget. Background: The Wichita Police Department has the only civilian explosive ordinance disposal (EOD) facility in south-central Kansas. This range is used to provide explosive disposal services to sixty-eight counties in south-central, southeastern and western Kansas. The range is currently located on the City-owned parcel near K-96 and West Street. The City-owned land is programmed to be developed as a regional park. The site has been leased to a private entity for sand production with the resulting sand pits to be developed into water amenities for the park. This process necessitates the relocation of the EOD range. Analysis: Federal law requires a one-half mile clear zone in all directions to be able to detonate a significant device (approximately 10 pounds). Pipelines, rail lines or significant utilities cannot transect the range. There should be no inhabited structures, roadways, etc. in the clear zone. Significant development should not be in the immediate vicinity. The site should have reasonable proximity to Wichita and good transportation connectors. Utilizing these parameters, a search was undertaken for a replacement site. An acceptable site has been located. The parcel is bounded by 327th and 343rd Streets West and 111th and 103rd Streets South in southwestern Sedgwick County. It is about 3 miles west of Highway K-42. There is a 20 acres farmstead at the southeast corner of the section, which is so located as to have minimal impact on use. Two parties own the remaining 620 acres. They originally wanted $3,000 per acre for the land but have agreed to accept $2,150 per acre. Assuming 620 actual acres, the purchase price will be $1,333,000. Once acquired, the site will need to be fenced, explosives storage bunkers will need to be constructed, an access road to the bunkers will need to be built as well as an operations shed. The total cost of development is estimated at $500,000. Financial Considerations: A budget of $1,850,000 is requested. This includes $1,333,000 for the land acquisition, $500,000 for required site improvements, and $17,000 for survey costs, title insurance and other closing costs. The funding source is General Obligation Bonds. 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 and bonding resolution 2) Approve the real estate purchase contracts, and 3) Authorize all necessary signatures. Agenda Item No. 14. CITY OF WICHITA City Council Meeting April 4, 2006 Agenda Report No. 06-0353 TO: Mayor and City Council Members SUBJECT: Sale of Surplus Land in the 6500 Block of West Central (District V) INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Approve the sale. Background: An offer has been received for City-owned land on the north side of Central Avenue between the Big Ditch and the Big Slough. The subject consists of two parcels of undeveloped land, one along the west edge of the levee for the Big Ditch and the second is a remnant of a parcel bisected by the Big Slough. The land was acquired in conjunction with the construction of the Big Ditch and improvements to Central. The tract along the Big Ditch contains approximately 5.63 acres. It extends for approximately one-half mile north along the levee. It is 160 feet wide at the south, narrowing to 55 feet wide for most of its length. The second parcel has about 16,100 square feet and varies in width from 35 to 80 feet. Neither parcel is developable without additional land. Analysis: The buyer owns all the land between the Big Ditch and the Big Slough except the two subject parcels. The acquisition will provide him with frontage on Central and enough width further north to develop his land. He will build a road along the east edge of the parcel to access his future development and to provide the City access to the Big Ditch levee. The buyer has offered $4,000 for the City's interest in the land. The City does acquire both parcels as easements for road and/or floodway purposes. It will be the buyer's responsibility to secure fee title to the property. Financial Considerations: The City will receive cash consideration from the sale of the property at closing. Upon sale, the property will return to the tax rolls and the City will no longer be responsible for maintenance. Legal Considerations: The Law Department has approved the contracts as to form. Recommendation/Action: It is recommended that the City Council; 1) Approve the Real Estate Purchase Contracts; and 2) Authorize all necessary signatures. Agenda Item No. 15. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0354 TO: Mayor and Members of the City Council SUBJECT: Consolidated Plan-2006/2007 One-Year Action Plan (All Districts) INITIATED BY: Department of Housing and Community Services AGENDA: Consent Recommendation: Authorize comment period for the One-Year Action Plan. Background: On March 21, 2006, the City Council approved funding allocations for the 2006/2007 Consolidated Plan. The proposed One-Year Action Plan includes allocations for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Shelter Grant (ESG) funds. To receive these federal funding allocations, HUD requires cities to prepare a One-Year Action Plan listing eligible projects and services to be undertaken, their location and proposed activities. The proposed One-Year Action Plan must be submitted for public comment prior to final adoption by the City Council. Analysis: The City's proposed 2006/2007 One-Year Action Plan lists the federal resources available from the CDBG, HOME and ESG programs to address priority needs (as adopted by the City Council). The One-Year Action Plan provides a description of the activities approved and the location of the activities to be undertaken during the fiscal year. The 2006/2007 One-Year Action Plan covers the period beginning July 1, 2006 and ending June 30, 2007. Financial Considerations: The 2006/2007 One-Year Action Plan totals $5,821,995 and is comprised of grant funds in the amount of $4,816,509 and prior year program income of $1,005,486. Legal Considerations: The City has met all federal requirements to proceed with issuance of a proposed One-Year Action Plan. Recommendation: It is recommended that the City Council authorize the public comment period for the proposed 2006/2007 One-Year Action Plan, to begin on April 5, 2006 and end on May 6, 2006. Agenda Item No. 16. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0355 TO: Mayor and City Council SUBJECT: HOME Program; Housing Development Loan Program Funding and Re-allocation of Funds (All Districts) INITIATED BY: Housing and Community Services Department AGENDA: Consent Recommendation: Approve the funding allocations. Background: During the 2005-2006 Consolidated Plan funding process, a total of $302,276 in HOME funding was allocated for the Housing Development Loan Program (HDLP). The City Council also allocated $400,000 in funding for the HOMEownership 80 Program. The HDLP is designed to provide subsidies for infill housing projects and to support the development of real estate that is idle or underutilized, and to provide needed housing for underserved populations. Funding may be provided to non-profit or for-profit organizations. The loan structure is dependent upon the type of project to be financed. The program funding may be utilized within the boundaries of the City's Redevelopment Incentives Area. Requests for funding under the program are received through an open application basis. The HOMEownership 80 Program provides zero-interest deferred loans for down payment and closing costs assistance for income-eligible families purchasing homes for owner-occupancy in the City's targeted areas. Eligible families purchasing homes developed with funding from the HDLP will receive a loan for down payment and closing costs through the City's HOMEownership 80 program. In the case of new construction, an income-qualifying family receives up to 20% of the purchase price in down payment assistance, and an additional $2,000 for closing costs. Analysis: The Housing and Community Services Department received three applications for HDLP funding, however limited fund availability results in funding recommendations for the following two agencies: Power CDC/Millair Creek: Power CDC, a Community Housing Development Organization (CHDO) has applied for $200,000 in HDLP funding to continue construction of single-family homes in the Millair Creek subdivision, which is located at 25th and Minnesota, in the Northeast Local Investment Area. Power CDC has completed 17 homes and there are 4 homes currently under construction. Power CDC has 2 lots remaining to be developed in the part of the subdivision for which infrastructure has been constructed. Shadowridge LC: Shadowridge, LC, a for-profit development (Robert Snyder), has applied for $105,000 in HDLP funding to continue construction of single-family homes in the Shadowridge subdivision, which is located at the intersection of Sunnybrook and Sunnybrook Ct. in the Planeview Local Investment Area. A total of 20 homes have been completed and sold within the subdivision with previous funding provided through the HDLP. There are five lots remaining to be developed. Each of the proposed projects will require HOME program subsidy. HOME funds are usually provided as development subsidy in order to offset site acquisition, construction, and site improvement expenses, as well as selling expenses and developer fees. The total of these costs cannot be entirely recovered from sale proceeds due to market constraints and the need to keep the homes affordable for low-income families. Typically, the development subsidy for homes constructed with HOME program funding is between $20,000 and $30,000, depending on the cost of acquisition, and whether or not demolition is involved. Homes sell for a maximum price of $85,700. Housing Services staff has determined that all of the aforementioned applications meet the criteria of the HDLP, and that each project will assist the City in achieving its neighborhood revitalization and consolidated plan goals. Therefore, staff recommends funding of each application as follows: Power CDC: $54,200, in order to construct homes on the two remaining lots on the west side of the Millair Creek addition. Shadowridge LC: $105,000, in order to construct homes on the five remaining lots in the Shadowridge addition. As part of this action, Housing and Community Services is also requesting re-allocation of the remaining $143,076 originally allocated to the HDLP to the HOMEownership 80 Program, along with $150,000 in unallocated funding available due to the receipt of program income from completed projects. Increased production by CHDOs and private developers utilizing funding from the HDLP, as well as CHDO set-aside and the Boarded-up HOME Program has made it necessary to increase funding for the HOMEownership 80 program so that completed homes may be sold. Financial Considerations: HOME funding for the proposed HDLP projects will be provided in the form of zero-interest, forgivable participation construction loans. Typically, local banks provide construction loans equivalent to 75% of the appraised value of the home to be constructed. Allocated funding will provide for construction of up to a total of 7 homes under the proposed projects. Legal Considerations: Funding provided under the Housing Development Loan program must ultimately be approved by the City Council. The funding agreements have been drafted by Housing and Community Services staff and approved as to form by the City Law Department. Assistance loans provided to homebuyers for the purchase of homes constructed under the HDLP are secured with a mortgage on the property. The mortgage serves as the long-term deed restriction required under the HOME regulation in order to preserve affordability. Recommendations/Actions: It is recommended that the City Council approve the recommended HDLP allocations and the recommended HOMEownership 80 allocations, and authorize the necessary signatures. Agenda Item 17. City of Wichita City Council Meeting April 4, 2006 Agenda Report 06-0356 TO: Mayor and City Council SUBJECT: Approval of Bond Counsel Contract INITIATED BY: Department of Law AGENDA: Consent Recommendation: Approve contract for bond counsel services. Background: On March 21, 2006, City Council approved the recommendation of a staff screening and selection committee to select the firm of Kutak Rock LLP as the City's contract Bond Counsel, and directed staff to negotiate a contract with Kutak Rock LLP for Bond Counsel services. Analysis: The contract has been drafted for a four-year term, and is based on the content of the City's RFP and the firm's response. As with previous Bond Counsel contracts, the contract is non-exclusive and does not prevent the City from retaining additional or different Bond Counsel for a particular financing, should the need arise. The regular practice of the City for a number of years has been to use its general Bond Counsel for IRB projects, except in cases of conflict, in order to prevent applicants, underwriters or other parties interested in a financing from engaging in opinion-shopping before bringing a project to the City. Financial Considerations: As under the previous contract, payments for bond counsel services will generally be made from bond proceeds, or, in conduit financings (such as industrial revenue bond issues) from funds provided by the business on whose behalf the bonds are issued. Legal Considerations: The City Attorney's Office has prepared the contract and approved it as to form. Recommendations/Actions: It is recommended that City Council approve the contract and authorize necessary signatures. Attachment: CONTRACT FOR BOND COUNSEL SERVICES CONTRACT FOR BOND COUNSEL SERVICES THIS CONTRACT made and entered into as of this ______ day of April, 2006, by and between THE CITY OF WICHITA, KANSAS, a Municipal Corporation, hereinafter called "CITY," and KUTAK ROCK LLP, Attorneys at Law, hereinafter referred to as "BOND COUNSEL." WITNESSETH: That in consideration of the sum to be paid by the CITY to the BOND COUNSEL as hereinafter provided, and in further consideration of the mutual promises, covenants and agreements of the parties, the CITY does hereby non-exclusively employ the BOND COUNSEL for services in connection with the issuance and sale of General Obligation Bonds, General Obligation Refunding Bonds, Revenue Bonds, Refunding Revenue Bonds, General Obligation ? Sales Tax Revenue Bonds, Temporary Notes and other evidence of indebtedness. The BOND COUNSEL agrees to, and hereby does, accept such employment and agrees to do the work necessary to perform professional legal services as BOND COUNSEL for the CITY. The BOND COUNSEL agrees to commence such work the date this contract is executed, and agrees to expedite the same with reasonable diligence until the 31st day of December, 2009, or until such time thereafter that a new BOND COUNSEL is selected by the CITY. BOND COUNSEL, the firm of KUTAK ROCK LLP and more particularly, Dorothea Riley and Janet Garms, do hereby agree to provide bond counsel professional services to the City of Wichita as required herein. It is agreed that the BOND COUNSEL shall be compensated for its services for each separate series of bonds and notes in accordance with the following: 1. General Obligation Bonds (excluding special assessment backed Bonds): a. $0.75 per thousand-dollar par amount up to $10 million; b. $0.65 per thousand-dollar par amount thereafter. 2. General Obligation Temporary Notes (excluding special assessment backed Notes): a. $0.40 per thousand-dollar par amount. 3. General Obligation Bonds also backed by special revenues: a. $0.80 per thousand-dollar par amount up to $10 million; c. $0.70 per thousand-dollar par amount thereafter. 4. General Obligation Notes also backed by special revenues: a. $0.50 per thousand-dollar par amount. 5. Special Assessment & City Revenue Bonds: a. $0.85 per thousand-dollar par amount up to $10 million; b. $0.75 per thousand-dollar par amount thereafter. 6. Public Building Commission Bonds: a. $0.85 per thousand-dollar par amount up to $10 million; b. $0.75 per thousand-dollar par amount thereafter. 7. Industrial Revenue Bonds and Airport Special Facilities Revenue Bonds: a. $12.50 per thousand dollar par amount up to $1 million; b. $3.00 per thousand dollar par amount from $1 million to $5 million; c. $2.00 per thousand dollar par amount from $5 million to $10 million; d. $1.00 per thousand-dollar par amount thereafter. 8. Refunding Bonds: 1.25 x the standard fee for the type of Bond being refunded. For issues identified in paragraphs 1 through 5 above (and refundings of such issues), BOND COUNSEL will be compensated from proceeds or other City funds if and when the bonds are successfully issued and sold. For issues identified in paragraphs 6 and 7 above (and refundings of such issues), BOND COUNSEL'S compensation will be paid from proceeds and/or funds of the conduit borrower, but copies of all statements will be furnished to the City Attorney and the Director of Finance. BOND COUNSEL shall also be reimbursed from the sources indicated above for its disbursements and advances for issues set forth in paragraphs 1 through 5 (and refundings of such issues), for items such as reproduction of documents, shipping and postage, long distance telephone calls and similar costs as follows: a. In?house photocopying: $0.10 per page b. Outside photocopying/printing: Actual Expense incurred c. Facsimile transmittals: Actual Expense incurred d. Long Distance Telephone Expense: Actual Expense Incurred e. Postage and Shipping Expense: Actual Expense Incurred f. Publication Expenses: Actual Expense Incurred g. Recording/Filing Fees: Actual Expense Incurred h. State Agency Fees: Actual Expense Incurred i. Travel Expenses (excluding routine attendance at meetings of City Council or with staff concerning governmental bond issues): (i) Mileage $0.25 Per Mile (ii) Tolls/Parking Actual Expense Incurred (iii)Taxis/Other ground transportation: Actual Expense Incurred (iv) Meals/Lodging: Actual Expense Incurred j. Transcript Supplies: (i) Binder Covers Actual Expense Incurred (ii) Index tabs Actual Expense Incurred (iii)Binding of Transcripts Actual Expense Incurred For the types of issues identified in paragraphs 1 through 5 (and refundings of such issues), BOND COUNSEL will maintain a contemporaneous record of hours expended in providing services covered by this contract, indicating in brief summary a description of the work performed, and the name and job title of the attorney or staff member performing it. A copy of such record shall be attached to each statement submitted to the City Attorney for review and approval of payment for services rendered under the terms of this contract, and shall reflect all services performed since the date of the most recent services covered by the previous statement. Statements for fees and itemized expenses for issues covered in paragraphs 1 through 5 above (and refundings of such issues) shall be presented to the City Attorney at or promptly following each bond closing, and shall be paid within thirty days after receipt. Copies of statements for fees and itemized expenses for issues covered in paragraphs 6 and 7 (and refundings of such issues) shall be submitted to the City Attorney and the Director of Finance at the time the original statement is presented to the conduit borrower. SCOPE OF SERVICES TO BE PROVIDED During the performance of the contract, BOND COUNSEL agrees to perform and shall be prepared to provide a broad range of professional services relative to matters leading up to and following the issuance and sale of General Obligation Bonds, General Obligation Refunding Bonds, Revenue Bonds, Revenue Refunding Bonds, General Obligation ? Sales Tax Revenue Bonds, Tax Increment Financing Bonds, Temporary Notes, Industrial Revenue Bonds and other evidence of indebtedness of the CITY of Wichita or agencies thereof (Airport Authority and Public Building Commission), including, but not limited to, the following: 1. Render advice, guidance and assistance when requested by the City Manager, City Attorney, Director of Finance or their designees, relative to projects proposed to be financed through the issuance of general obligation bonds, general obligation refunding bonds, revenue bonds, refunding revenue bonds, general obligation ? sales tax revenue bonds, tax increment financing bonds and temporary notes or other evidence of indebtedness including, but not limited to, the drafting and reviewing of all proposed project initiation resolutions and ordinances and any associated requests for declaration of emergency in a timely manner; 2. Assist in preparing preliminary official statements and official statements for general obligation bonds, general obligation refunding bonds, revenue bonds and refunding revenue bonds, including but not limited to, rendering advice with respect to full disclosure and due diligence responsibilities; 3. Prepare all public notices required in conjunction with the issuance of bonds, or the establishment of a basis for ad valorem tax exemption of industrial revenue bond financed projects, including without limitation, notices of bond sales and notices of intent to issue bonds; 4. Prepare all special certificates needed to complete the issuance of bonds, including without limitation, closing certificates, final delivery certificates and Treasurer's Receipts; 5. Help in the selection of electronic bid providers for the electronic sale of the bonds, vendors for the printing and distribution of Preliminary Official Statements and Official Statements depository trust and insurance providers. 6. Attend the public sale of bonds to insure that bids are properly received and opened and that the award of sale conforms to legal requirements; 7. Assist in the preparation of bond transcripts; 8. Examine certified copies of official transcripts of all proceedings; 9. Render an acceptable approving opinion, on delivery of a payment for the bonds; this opinion maybe printed on the bonds; 10. Issue and deliver other written opinions pertaining to any legal questions concerning any area of law involving CITY'S issuance of bonds, or CITY'S subsequent uses or proposed uses of bond- financed property, at the request of the City Attorney; 11. Review documents, assist CITY with and provide opinion as necessary to facilitate replacement of lost CITY bonds; 12. Advise, guide and assist the CITY and its officers in avoiding impermissible arbitrage and/or in calculating and making payment of arbitrage rebate in connection with outstanding bonds; 13. Advise, guide and assist the City and its officers in avoiding application of private payments to debt service and in avoiding uses of or arrangements with respect to property financed with bonds or notes where the result of such applications, uses or arrangements might be an adverse impact on the tax treatment of interest paid to holders of such bonds or notes; 14. Have available at all reasonable times a member of the firm for the purpose of providing the services described herein in a timely manner; 15. Under the direction of the City Attorney, provide standardized forms in relation to enacting resolutions, ordinances, notices, etc., for all bond?funded projects that CITY from time to time utilizes; 16. Avoid representation of other clients which cause or will result in conflict of interests with the CITY; however, if any conflict of interest issue arises, BOND COUNSEL shall notify the City Attorney and seek a waiver of the conflict of interest; 17. Upon request, attend City Council meetings when a matter involving a bond transaction is to be considered by the City Council; 18. Correct materially erroneous statements to the City Council at City Council meetings, whether made by staff or others, if BOND COUNSEL knows that such statements were materially erroneous when made. 19. Provide assistance in drafting legislation for submission to the state legislature on matters that relate to CITY finances and appear before state legislative committees on hearings involving such matters. 20. Upon the request of the City Council or the City Manager, provide a report to the City Council summarizing bond transactions the City Council is considering. 21. Provide advice and assistance to the City Attorney and the Director of Finance in the preparation and review of agenda items relating to bond matters prior to submission to the City Council. BOND COUNSEL represents that in providing professional services under this contract it shall represent solely and only the CITY's interests. BOND COUNSEL understands and acknowledges the City will assign trained and experienced personnel of its Finance Department and Law Department to work with Bond Counsel on various types of financings, and BOND COUNSEL agrees not to try to compete with the City for such personnel by offering employment to them during their employment with the City. BOND COUNSEL will maintain a policy or policies of professional liability insurance coverage (which coverage does not exclude securities liability coverage) in the amount of not less than Thirty-Five Million Dollars ($35,000,000.00), with a Certificate of Insurance or a copy of the policy to be provided to the CITY. BOND COUNSEL also agrees to discuss the possibility of obtaining additional coverage in the event of assignment to the supervision of bond issues extraordinary in volume and size or amount. BOND COUNSEL agrees to the terms and conditions as set forth in Exhibit "A", which is attached to and made a part of this Contract. It is mutually agreed that the CITY reserves the right to terminate this Contract at any time, upon written notice, in the event of BOND COUNSEL's inability to perform the services or in the event the services of BOND COUNSEL are unsatisfactory; provided, that in such case the BOND COUNSEL will be paid the reasonable value of the services rendered up to the time of termination, unless the termination is linked to a breach of fiduciary duty supporting forfeiture of compensation under principles of Equity. It is further understood that this contract, at the option of the CITY, may be terminated by the CITY if Dorothea Riley or Janet Garms terminate(s) employment with BOND COUNSEL. This contract may not be assigned. IN WITNESS WHEREOF, the CITY has caused this contract to be executed by its Mayor and attested by its City Clerk duly authorized to do so by the governing body of said CITY, and said BOND COUNSEL has executed this contract by and through an authorized member. The undersigned member executing this contract on behalf of the BOND COUNSEL expressly represents and warrants thereby that he or she has proper authority to execute this contract on behalf of KUTAK ROCK LLP, and that every member of the firm of KUTAK ROCK LLP, whose approval is required to constitute this contract a valid and binding contract of such firm has approved it. CITY OF WICHITA __________________________ Carlos Mayans, Mayor ATTEST: ________________________________ Karen Sublett, City Clerk KUTAK ROCK LLP _________________________________ ____________________ An authorized member Approved as to form: ________________________________ Gary E. Rebenstorf, Director of Law Exhibit A REVISED NON?DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM REQUIREMENTS STATEMENT FOR CONTRACTS OR AGREEMENTS During the term of this contract, the contractor or subcontractor, vendor or supplier of the City, by whatever term identified herein, shall comply with the following Non?Discrimination??Equal Employment Opportunity/Affirmative Action Program Requirements: A. During the performance of this contract, the contractor, subcontractor, vendor or supplier of the City, or any of its agencies, shall comply with all the provisions of the Civil Rights Act of 1964, as amended: The Equal Employment Opportunity Act of 1972; Presidential Executive Orders 11246, 11375, 11131; Part 60 of Title 41 of the Code of Federal Regulations; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990 and laws, regulations or amendments as may be promulgated thereunder. B. Requirements of the State of Kansas: 1. The contractor shall observe the provisions of the Kansas Act against Discrimination (Kansas Statutes Annotated 44?1001, et seq.) and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, and age except where age is a bona fide occupational qualification, national origin or ancestry; 2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase to be approved by the "Kansas Human Rights Commission"; 3. If the contractor fails to comply with the manner in which the contractor reports to the "Kansas Human Rights Commission" in accordance with the provisions of K.S.A. 1976 Supp. 44?1031, as amended, the contractor shall be deemed to have breached this contract and it may be canceled, terminated or suspended in whole or in part by the contracting agency; 4. If the contractor is found guilty of a violation of the Kansas Act against Discrimination under a decision or order of the "Kansas Human Rights Commission" which has become final, the contractor shall be deemed to have breached the present contract, and it may be canceled, terminated or suspended in whole or in part by the contracting agency; 5. The contractor shall include the provisions of Paragraphs 1 through 4 inclusive, of this Subsection B, in every subcontract or purchase so that such provisions will be binding upon such subcontractor or vendor. C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination ?? Equal Employment Opportunity/Affirmative Action Program Requirements: 1. The vendor, supplier, contractor or subcontractor shall practice Non-Discrimination ?? Equal Employment Opportunity in all employment relations, including but not limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The vendor, supplier, contractor or subcontractor shall submit an Equal Employment Opportunity or Affirmative Action Program, when required, to the Department of Finance of the City of Wichita, Kansas, in accordance with the guidelines established for review and evaluation; 2. The vendor, supplier, contractor or subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the vendor, supplier, contractor or subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, "disability, and age except where age is a bona fide occupational qualification", national origin or ancestry. In all solicitations or advertisements for employees the vendor, supplier, contractor or subcontractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase; 3. The vendor, supplier, contractor or subcontractor will furnish all information and reports required by the Department of Finance of said City for the purpose of investigation to ascertain compliance with Non?Discrimination ?? Equal Employment Opportunity Requirements. If the vendor, supplier, contractor, or subcontractor fails to comply with the manner in which he/she or it reports to the City in accordance with the provisions hereof, the vendor, supplier, contractor or subcontractor shall be deemed to have breached the present contract, purchase order or agreement and it may be canceled, terminated or suspended in whole or in part by the City or its agency; and further Civil Rights complaints, or investigations may be referred to the State; 4. The vendor, supplier, contractor or subcontractor shall include the provisions of Subsections 1 through 3 inclusive, of this present section in every subcontract, subpurchase order or subagreement so that such provisions will be binding upon each subcontractor, subvendor or subsupplier. 5. If the contractor fails to comply with the manner in which the contractor reports to the Department of Finance as stated above, the contractor shall be deemed to have breached this contract and it may be canceled, terminated or suspended in whole or in part by the contracting agency; D. Exempted from these requirements are: 1. Those contractors, subcontractors, vendors or suppliers who have less than four (4) employees, whose contracts, purchase orders or agreements cumulatively total less than five thousand dollars ($5,000) during the fiscal year of said City are exempt from any further Equal Employment Opportunity or Affirmative Action Program submittal. 2. Those vendors, suppliers, contractors or subcontractors who have already complied with the provisions set forth in this section by reason of holding a contract with the Federal government or contract involving Federal funds; provided that such contractor, subcontractor, vendor or supplier provides written notification of a compliance review and determination of an acceptable compliance posture within a preceding forty?five (45) day period from the Federal agency involved. Agenda Item No. 18. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0357 TO: Mayor and City Council Members SUBJECT: Sidewalk Repair and Sidewalk Cleaning Assessment Program (Districts I, II, III, VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Assessments and Ordinances. Background: State Law and City Policy provide that sidewalk maintenance is the responsibility of abutting property owners. When sidewalk trip hazards are identified, property owners are required to make repairs, either with their contractor or with the City's contractor, or clean the sidewalk if needed. Property owners who use the City's contractor have the opportunity to spread the cost over five years as a special assessment. Analysis: Ordinances have been prepared to establish authority to use special assessment funding for the current list of repaired and cleaned sidewalks. Financial Considerations: Statements of Charges will be mailed to the property owners on April 14, 2006. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The interest added to the principal amount will be determined by the rate at which the February 2006 bond sold. The principal and interest will then be spread over 5-years and placed on the 2006 tax roll. Legal Considerations: These assessments are in accordance with City Code 12.18. The Ordinances have been approved as to form by the Department of Law. Recommendation/Action: It is recommended that the City Council approve the proposed Assessments and place the Ordinances on first reading. Published In The Wichita Eagle __________________, 2006 ORDINANCE NO._______ AN ORDINANCE MAKING A SPECIAL ASSESSMENT TO PAY FOR THE IMPROVEMENT OF AND PROVIDING A TAX LEVY FOR THE COST OF CONSTRUCTION OF SIDEWALKS IN THE CITY OF WICHITA, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of construction of sidewalks abutting the same: SECTION 2. The costs of constructing, reconstructing, and repairing abutting sidewalks hereof have been financed out of funds provided for in the maintenance of street general improvement fund. The sums so assessed and apportioned against the several lots and parcels of land as set out in Section 1 hereof and not paid within thirty (30) days from the date of publication of this ordinance shall be collected by special assessment upon the property liable therefor in five installments, the first of said installments to be extended upon the tax roll for the year 2006, and one installment for each year thereafter for the full term of five years, each special installment shall include interest at the rate not to exceed the rate allowed by law and authorized by the City of Wichita Charter Ordinance No. 88 for projects funded from the maintenance of streets general improvement fund. Special assessment installments shall be certified to the County Clerk and shall be levied and collected in the same manner as other taxes. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication once in the official City paper. ADOPTED, at Wichita, Kansas, this _____ day of April, 2006. ______________________________ Carlos Mayans, Mayor ATTEST: ____________________________ Karen Sublett, City Clerk (SEAL) Approved as to form: Gary E. Rebenstorf, Director of Law Published In The Wichita Eagle On April ____, 2006 ORDINANCE NO.47- AN ORDINANCE MAKING A SPECIAL ASSESSMENT TO PROVIDE A TAX LEVY FOR THE COST OF SIDEWALK CLEANING IN THE CITY OF WICHITA, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of sidewalk cleaning: SECTION 2. The costs of cleaning sidewalks hereof have been financed out of funds provided for in the maintenance of street general improvement fund. The sums so assessed and apportioned against the several lots and parcels of land as set out in Section 1 hereof and not paid within thirty (30) days from the date of publication of this ordinance shall be collected by special assessment upon the property liable therefor in five installments, the first of said installments to be extended upon the tax roll for the year 2006, and one installment for each year thereafter for the full term of five years, each special installment shall include interest at the rate not to exceed the rate allowed by law and authorized by the City of Wichita Charter Ordinance No. 88 for projects funded from the maintenance of streets general improvement fund. Special assessment installments shall be certified to the County Clerk and shall be levied and collected in the same manner as other taxes. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication once in the official City paper. ADOPTED, at Wichita, Kansas, this _____ day of April, 2006. ______________________________ Carlos Mayans, Mayor ATTEST: ____________________________ Karen Sublett, City Clerk (SEAL) Approved as to form: Gary E. Rebenstorf, Director of Law Agenda Item 19. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0358 TO: Mayor and City Council SUBJECT: Equus Beds Aquifer Storage and Recovery Project (Phase I) INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendations: Approve the Engineering Service Agreement with Professional Engineering Consultants for inspection services for the Aquifer Storage and Recovery Project. Background: On January 8, 2002, the City Council approved a Contract with Burns & McDonnell Engineering Co. to provide engineering and design services for Phase I of the Equus Beds Aquifer Storage and Recovery Project (ASR). On August 31, 2004, City Council approved a Memorandum of Understanding with the Equus Beds Groundwater Management District (GMD) that led to the unanimous recommendation by the GMD for approval of the City's applications for water rights for Phase I of the ASR project. January 10, 2006, City Council approved a Contract with CAS Construction to do a design/build to construct a 7 MGD surface water treatment plant. On February 28, 2006, City Council approved a Supplemental Agreement with Burns & McDonnell to provide construction related engineering services, but excluded on-site inspection of the construction projects. Analysis: This phase of the ASR project has evolved into several construction projects. In order to provide appropriate inspection, Staff determined the best course of action is to obtain field inspection services for the projects independently from the design of the projects; therefore, the City did not enter into a Supplemental Agreement with Burns & McDonnell, but issued a separate Request for Proposals on March 1, 2006. In response to the RFP, five proposals were submitted. Proposals were received from Burns & McDonnell Engineering, MKEC Engineering, Poe and Associates, Professional Engineering Consultants, and Westshare Services, Inc. The Staff Screening and Selection Committee met and selected firms for presentations. On March 27, 2006, the Committee heard presentations and unanimously recommended Professional Engineering Consultants to provide the services. Financial Considerations: The cost for the construction inspection services should not exceed $255,863. Billing for the project will be based on actual hours spent on inspection services. The Agreement includes an estimate for engineering compliance tests, but the cost for tests will be a pass-through cost as needed for the project. Funding is included in CIP W-549, Water Supply Plan Phase III, which has available funding of over $29 million in 2006. Recommendation/Actions: It is recommended that the City Council: 1) approve the Agreement; 2) and authorize the necessary signatures. Agenda Item No. 20 City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0359 TO: Mayor and City Council SUBJECT: Settlement of Litigation INITIATED BY Law Department AGENDA: Consent Recommendation: Authorize payment as a full settlement of all possible claims arising out of lawsuit. Background: In February, 2004, an incident occurred involving a citizen and police officers. Under circumstances that were tense, uncertain and rapidly evolving, the police officers reasonably believed that the citizen posed an immediate threat to their safety because of his actions, thus resulting in the citizen being shot by one of the officers. The citizen suffered substantial injuries. The citizen filed a civil rights lawsuit regarding the incident. Analysis: After investigating the claims, evaluating the extent of the claimed damages, and considering the risks of trial, the City determined that a resolution of this matter is appropriate. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $4,750,000 as full settlement of all claims arising out of this incident. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. The City does not admit any liability in making the settlement. Financial Considerations: Funding for this settlement payment is from the Self Insurance Reserve Fund. Legal Considerations: The Law Department recommends acceptance of the offer of settlement. Recommendations/Actions: Authorize payment as a full settlement of all possible claims arising out of the incidents that are the subject of the litigation. Agenda Item No. 22. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0360 TO: Mayor and City Council SUBJECT: Water Supply Projects INITIATED BY: Water & Sewer Department AGENDA: Old Business Recommendation: Approve the revision to the Water Supply Plan. Background: On October 3, 2000, City Council approved, and instructed Staff to begin implementation of the Concept Design Plan for the Integrated Local Water Supply Plan. The Integrated Local Water Supply Plan (ILWS Plan) includes the use of a number of local water supply sources, which will be used together to meet the City's water supply needs through the year 2050. Since the approval of the ILWS Plan, Staff has continued to evaluate alternative water treatment technologies to see if the use of the technologies could help optimize the components of the plan. On January 8, 2002, City Council approved a Contract with Burns & McDonnell Engineering Co., Inc. to provide engineering and design services for Phase I of the Equus Beds Aquifer Storage and Recovery (ASR) Project. Phase I of the ASR Project was to design seven (7) diversion wells and six (6) recharge facilities with a capacity of 10 million gallons per day (MGD). On January 10, 2006, City Council approved a Design/Build contract with CAS Construction to build a 7 MGD surface water treatment plant. Analysis: The projects that are components of the Water Supply Plan have been included in the CIP since 2000, but because of the need to wait for approval from state agencies, the funds for the projects have been adjusted to different years in the CIP. The state granted the approvals necessary to begin construction of the first phase of the ASR project in August of 2005. Staff is working to have those projects completed by September of 2006, so that the facilities can be used during the wet weather periods experienced in the fall. Because of adjustments to the CIP while awaiting state approval, the needed funds have not been allocated for projects that have been initiated. Financial Considerations: The Capital Improvement Program W-549, Water Supply Plan, includes $29.88 million in the capital budget for years 2005 and 2006. $17.0 million has been initiated thus far. Now that state approval has been received for the rest of the project, it is necessary to initiate the remainder of the funding which amounts to $12.88 million. This will pay for construction costs, high line placement, and land and easement acquisition. Legal Considerations: The Law Department has approved the Resolution as to form. Recommendations/Actions: It is recommended that the City Council: 1) approve the expenditures; 2) adopt the amended Resolution; and 3) authorize the necessary signatures. Agenda Item No. 23. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0324A TO: Mayor and City Council SUBJECT: Eaton Place Repayments (District I) INITIATED BY: Department of Finance AGENDA: Unfinished Business Recommendation: Approve the repayment. Background: In 2001, the City of Wichita completed the Eaton Place project. The Eaton Place project was a $15.3 million dollar public-private partnership between the City and MetroPlains Development, LLC, a Minneapolis, Minnesota based developer. The intent of the project was to restore the last complete historic block on Douglas Avenue and produce 115 units of mixed income apartments and 30,000 square feet of commercial space on the first floor. The development achieved the community goals of saving the historic Eaton Block and added substantial new residential development in downtown Wichita. The residential component has been relatively successful, but the commercial space has substantial debt that is not being covered by rental income due to a large amount of vacant space and lower rental rates. The City of Wichita provided a total of $1,174,000 in CDBG grants and loans and $1,695,000 in HOME grants and loans for the Eaton Place project. Of these amounts, the City of Wichita provided a total of $960,000 in CDBG and HOME funds in the form of loans for the residential portion of the project to fill an equity gap rather than downsize the scope of the project. These City loans are structured as debt on the residential component and are subordinate to the industrial revenue bonds and equity. The loans were approved November 3, 1999 and December 22, 1999 and were issued on September 15, 2000. The loans have a 5% interest rate and are payable from excess cash flow from the project. Any unpaid principal or interest is due upon sale of the property. The loans are secured by a mortgage and security agreement on the residential property. The residential loans were originally projected to pay off starting in 2029, taking several years thereafter to be fully paid. Any principal and interest repayments for the CDBG and HOME loans are program income and must be returned to the City of Wichita's CDBG and HOME programs. In addition, for the commercial portion of the project, the City entered into a Lender Support Agreement with Bank of America (first mortgage holder) on May 4, 2000 to pay any shortfall in debt service for the commercial first mortgage. The City's obligation is capped at not more than $165,000 per year for 7 years from the date of the term loan (2008), or not more than $1,155,000 in total. To date, the City has paid Bank of America $470,089 in Lender Support payments. The maximum additional liability of the City under the Lender Support Agreement is estimated at $684,911. The Lender Support Agreement requires MetroPlains, LLC repay any amounts paid by the City under the Lender Support Agreement MetroPlains Development, LLC has a one-time opportunity to buy out the investment of the limited partner, U.S. Bank, for the residential portion and the commercial first mortgage loan with Bank of America and replace them with private equity capital. MetroPlains cannot raise the replacement equity capital with the current City loans and City Lender Support payments outstanding. MetroPlains claims that it will not receive any payments under the refinancing. MetroPlains Development, LLC proposes to end the City's Lender Support payments to Bank of America by refinancing the commercial first mortgage and pay the City an amount that equals the present value of the amounts previously paid under the Lender Support Agreement ($470,089) and the CDBG/ HOME loans $960,000 plus interest. Analysis: After several rounds of negotiations, the City and MetroPlains have agreed to the following repayment terms: City keeps tax rebate check of $13,160 City receives present value of the CDBG and HOME loans with interest and the amounts paid by the City under the Lender Support agreement at 4% compounded yearly. The loans, payments and interest is as follows: CDBG Loan $750,000.00 HOME Loan $210,000.00 Interest on CDBG and HOME Loans $256,150.63 Payments under the Lender Support Agreement $470,089.81 Total $1,686,240.44 Present Value Payment to the City $427,319.41 The present value of $427,319.41 will be disbursed as follows: CDBG-$238,871.55; HOME-$69,225.74 and $119,222.12 to the Self-Insurance Fund. There is no profit sharing with the City if Eaton Place is not sold. MetroPlains would end City Lender Support payments to Bank of America by refinancing the commercial first mortgage. If Eaton Place property is sold during the next five years, City receives the following additional payment: Year 1-100% $1,200,000 Year 2-100% $1,200,000 Year 3-75% $ 900,0000 Year 4-50% $ 600,000 Year 5-33% $ 400,000 Financial Considerations: HUD has confirmed the City Council may accept the present value repayment for the CDBG and HOME loans, however the 26 HOME affordable rental units must continue to remain affordable for balance of the HOME affordability which is 16 years. The full HOME affordability standard is 20 years. If the units do not remain affordable for the remaining 16 years, the City is liable for payment of the face value of the $210,000 HOME loan and the $1,485,000 HOME grant to HUD from non-HUD sources. The original HOME funding agreement and the formal deed restrictions/compliance agreement contain a requirement for MetroPlains to meet the HOME affordability standards. These 26 affordable units also carry a 30-year affordability (federal and state) requirement under State Housing Tax Credit program. Legal Considerations: The Loan Prepayment and Termination Agreement, Lender Support Termination Agreement, and the Pledge of Partnership Interests Agreement, Home Regulatory Agreement forms have been approved as to form by the City Attorney's office. HOME restrictive covenants on the affordable units will remain in place until the full 20 year HOME affordability term expires. A separate UCC Financing statement shall be filed to perfect the City's security interest. Recommendation/Action: It is recommended that the City Council accept the repayment terms and authorize the Mayor to sign the appropriate documents. Agenda Item No. 24. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0361 TO: Mayor and City Council SUBJECT: Public Hearing and Issuance of Industrial Revenue Bonds (Prairie Villa at Beacon Hill, L.C.) (District I) INITIATED BY: City Manager's Office AGENDA: New Business Recommendation: Close the public hearing and place the Ordinance on first reading. Background: On February 8, 2005, the City Council approved a Letter of Intent to issue IRBs in the amount of $4,700,000, to Prairie Villa at Beacon Hill, L.C. ("Prairie Villa"). The proceeds of the bonds will be used to finance the cost of acquiring, constructing and equipping a senior apartment facility to be located at 2395 North Beacon Hill Street in northeast Wichita. The Company is requesting the issuance of Industrial Revenue Bonds in the amount not-to-exceed $4,700,000. Analysis: Prairie Villa is an asset limited liability company in which the main principals have been engaged in the federal tax credit program for over ten years and have developed and owned in excess of over twenty projects in the State of Kansas. Prairie Villa is a senior duplex apartment facility that includes thirty duplexes containing 60 energy efficient 2-bedroom units each with an attached garage. The complex also includes a community clubhouse, gazebo, and walking paths for residents as well as generous green area. An estimated analysis of the uses of project funds is: USES OF FUNDS Construction Costs $4,700,000 Total Project Costs $4,700,000 The firm of Hinkle Elkouri Law Firm, L.L.C., serves as bond counsel in the transaction. Bonds will be privately placed with a construction lender selected by the applicant. Prairie Villa has complied with the City's requirements contained in the Letter of Intent. Financial Considerations: Prairie Villa agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Prairie Villa does not request a property tax abatement in conjunction with the IRBs. Sales tax exemption on purchase of bond-financed property will save Prairie Villa an estimated $150,000. The developer has offered to share the sales tax savings with the City by paying an additional up-front fee of $20,000. Legal Considerations: Bond documents needed for the issuance of the bonds have been prepared by bond counsel. The City's Attorney's Office will review and approve the form of bond documents prior to the issuance of any bonds. Prairie Villa at Beacon Hill is eligible under the new Economic Development incentive policy since they provide affordable housing for senior residents. Recommendations/Actions: It is recommended that the City Council close the public hearing and approve first reading of the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Industrial Revenue bonds in an amount not-to-exceed $4,700,000, and authorize the necessary signatures. Agenda Item No. 25. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0362 TO: Mayor and City Council SUBJECT: Comprehensive Compliance Report INITIATED BY: City Manager's Office AGENDA: New Business Recommendation: Receive and file the report. Background: The City of Wichita provides various financial incentives to attract and encourage business expansions. These include Industrial Revenue Bond (IRB) financing, Economic Development Tax Exemptions (EDX), CDBG loans and grants, and HOME funding. Monitoring is performed to ensure compliance with conditions associated with issuance of revenue bonds, tax exemption approval, CDBG funding, and HOME funding. The attached Comprehensive Compliance Report provides an analysis of the current status of compliance relative to participating businesses and agencies for the years 1994 through 2004. Analysis: The Comprehensive Compliance Report reflects specific compliance conditions and current status of projects receiving City assistance through IRB, EDX, CDBG and HOME programs. During 2005, ten IRBs were issued, six EDX approval, 320 CDBG contracts were awarded, and two HOME-funded multi-family projects were completed. As a requirement of the City's new Economic Development Incentive Policy, there are a number of conditions that must be met before City Council approval. Compliance criteria for IRB and EDX include advertising for minority contractors, submittal of water conservation measures and an environmental assessment, and having site plans reviewed by a design council if building construction is involved. There are also a number of compliance conditions that are required on an ongoing basis such as submittal of an Equal Employment Opportunity/Affirmation Action Plan, paying an annual administrative service fee, job creation, and capital investment. For example, in 2005, all IRB and EDX companies are in compliance with the requirement to have an EEO/AA plan on file. Ninety-nine percent of all companies are in compliance with the IRB administrative fee requirement. As a result of the IRB and EDX projects that were approved in 2005, 996 new jobs will be created and Wichita businesses report a capital investment of over $231.3 million. This compares to 219 jobs created and $185.7 capital investment in 2004. In order for projects to be approved for CDBG funding, the project must benefit low or moderate-income persons, or eliminate slum or blighting condition. The 2005 Comprehensive Compliance Report reflects 224 CDBG contracts were awarded with a total value of $2.5 million. The percentage of minority contractor participation is 30%. Developer/Project owners requesting HOME funding for residential apartment projects must contractually agree to maintain a certain number of affordable apartment units for income-qualified individuals/families. These units must be offered at rents that comply with HOME program regulations for a predetermined period of time (affordability period), which is based on the amount of HOME funds invested and project type. In addition, apartment units must be maintained in compliance with local housing standards during the affordability period. The Comprehensive Compliance Report reflects nine HOME funded projects valued at $3.4 million, since 1994. There were two HOME-funded multi-family projects completed during 2005. Conditions of compliance are monitored regularly by City staff through annual on-site monitoring visits, contractor and subcontractor interviews, required annual monitoring surveys, annual recertifications, review of certain contractor and subcontractor payrolls, and review of required submittals. Businesses and agencies not in compliance are notified and required to work with City staff for the purpose of full compliance with all conditions. Financial Considerations: There are no financial considerations. Legal Considerations: There are no legal considerations. Recommendations/Actions: It is recommended that the City Council receive and file the Comprehensive Compliance Report. Agenda Item No. 26. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0363 TO: Mayor and City Council Members SUBJECT: Pawnee Improvement, between a point approximately 650' west of Palisade and Broadway (District III) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the revised project budget. Background: On October 18, 2005, the City Council approved a project to improve Pawnee, between a point approximately 650 feet west of Palisade and Broadway. Based on recent bid prices on similar projects, there is not sufficient funding within the approved budget to award a construction contract. An amending Ordinance has been prepared to increase the project budget. Analysis: The project will reconstruct Pawnee to provide four through lanes and a center two-way left turn lane. Construction is planned for 2006. Financial Considerations: The current budget is $1,700,000 with $500,000 paid by the City and $1,200,000 by Federal Grants administered by the Kansas Department of Transportation. The funding source for the City share is General Obligation Bonds. The proposed increased budget is $2,093,892 with $700,000 paid by the City and $1,393,892 paid by Federal Grants. Funding for the City share of the budget increase is available from under expenditures in the Hydraulic improvement project between 57th St. South and 47th St. South. Legal Considerations: The Law Department has approved the amending Ordinance as to legal form. Recommendations/Actions: It is recommended that the City Council approve the revised budget, place the amending Ordinance on First Reading and authorize the signing of State/Federal agreements as required. Agenda Item No. 27. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0364 TO: Mayor and City Council Members SUBJECT: Petition to realign McCormick between Leonine and Southwest Boulevard (District IV) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the new Petition. Background: On April 13, 2004, the City Council approved a Petition to relocate McCormick along the north perimeter of the Newman University campus. An attempt to award a contract within the budget set by the Petition was not successful. Newman University officials have submitted a new Petition with an increased budget. The signature on the new Petition represents 100% of the improvement district. Analysis: McCormick currently bisects the Newman University campus. Relocating the street to the north will create an opportunity for a central pedestrian mall linking the various campus buildings and reducing the mix of vehicular and pedestrian traffic. Financial Considerations: The existing Petition totals $1,263,000 with $1,200,000 paid by the City and $63,000 by special assessments to the University. It is estimated that an additional $300,000 is needed to fund the project. The Petition provides that the City and University each fund 50% of the cost increase. As a result, the new Petition totals $1,563,000 with $1,350,000 paid by the City and $213,000 by special assessments. The funding source for the City share is General Obligation Bonds. Funding for the increased City share is available from under expenditures in the Meridian improvement project between 31st St. South and Pawnee. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district. Recommendations/Actions: It is recommended that the City Council approve the new Petition, adopt the Resolution and authorize the necessary signatures. Agenda Item No. 28. City of Wichita City Council Meeting April 4, 2006 Agenda Item No 06-0365 TO: Mayor and City Council Members SUBJECT: 11th St. Bridge at the Drainage Canal (District I) INITIATED BY: Department of Public Works AGENDA: New Business Recommendations: Approve the project. Background: The 2005-2014 Capital Improvement Program (CIP) adopted by the City Council includes a project to improve the 11th St. Bridge at the Drainage Canal. District I Advisory Board sponsored a January 9, 2006, neighborhood hearing on the project. The Board voted 8-0 to recommend approval of the project. Analysis: The project will replace the existing bridge. Sidewalks will be built on both sides of the new structure. Gabion retaining walls (rock filled wire baskets) will be replaced along the channel under the bridge. Construction is planned to begin later this year. Financial Considerations: The budget contained in the CIP is $750,000 with $250,000 paid by the City and $500,000 by Federal Grants administered by the Kansas Department of Transportation. The original design concept was to rehabilitate the bridge. It has since been determined that the structure has deteriorated to the point that it should be removed and replaced. The current estimated cost is $1,202,000 with $650,000 paid by the City and $552,000 by Federal Grants. The funding source for the City share is General Obligation Bonds. Funding for the budget increase is available from projected under expenditures in other bridge projects not ready for bid. Legal Considerations: The Law Department has approved the authorizing Ordinance as to legal form. Recommendation/Actions: It is recommended that the City Council approve the project, place the Ordinance on First Reading and authorize the signing of State/Federal agreements as required. Agenda Item No. 29. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0366 TO: Mayor and City Council Members SUBJECT: Public Hearing on Proposed Assessments for Twenty-two (22) Water Projects, Twenty-one (21) Sewer Projects, and Thirteen (13) Storm Sewer Projects in July 2006 Bond Sale Series 786 (All Districts) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the proposed assessments and place the Ordinances on first reading. Background: The City Council was notified on February 14, 2006 that the proposed assessment rolls were on file for public inspection in the Department of Finance. Analysis: Notice of hearing letters were published February 17, 2006 in the Wichita Eagle being not less than ten days prior to the date of hearing. All affected property owners have been notified in writing. Department of Finance and Public Works staff held an informal hearing March 6, 2006 at 11:00 a.m. for the water and sewer projects. Financial Considerations: Statements of Special Assessment will be mailed to the property owners on April 14, 2006. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will be in the July 2006 Bond Sale. The interest added to the principal amount will be determined by the rate at which the bonds sell. The principal and interest will then be spread and placed on the 2006 tax roll. Legal Considerations: These projects were initiated pursuant to provisions of KSA 12-6a01 et seq. as amended. All of the projects were 100% petitions with the exception of: 480-749 468-83804 Lateral 33, Main 1, Westlink Interceptor Sewer (Ordered In) 480-764 468-83831 Lateral 34, Main 1, Westlink Interceptor Sewer (66.67 % Petition) Recommendation/Action: It is recommended that the City Council close the Public Hearing, approve the proposed assessments and place the ordinances on first reading. HEARING ON PROPOSED ASSESSMENTS FOR CONSTRUCTION OF WATER, SEWER, AND STORM SEWER PROJECTS: On February 14, 2006 the Council was notified that the Proposed Assessment Rolls for construction of the following water, sewer & storm sewer projects has been prepared and were on file in the office of Debt Management in the Finance Department for public inspection: WATER PROJECTS: A. (470-926/448-89793) Construction of Water Distribution System No. 448-89793 TO SERVE SHADOW WOODS ADDITION, West of 135th Street West, North of Maple, as authorized by Resolution No. R-03-080, rescinded by Resolution No. R-04-361, adopted February 11, 2003 & July 20, 2004, and published February 15, 2003 & July 23, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $55,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. B. (470-882/448-89828) Construction of Water Distribution System No. 448-89828 TO SERVE HIGHLAND SPRINGS 3RD ADDITION, West of 135th Street West, South of Central, as authorized by Resolution No. R-03-252, adopted May 20, 2003, and published May 23, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $81,600.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. C. (470-896/448-89838) Construction of Water Distribution System No. 448-89838 TO SERVE FOX RIDGE ADDITION, North of 29th Street North, between Maize & Tyler, as authorized by Resolution No. R-03-289, adopted June 10, 2003, and published June 13, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $47,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. D. (470-920/448-89868) Construction of Water Distribution System No. 448-89868 TO SERVE AVALON PARK ADDITION, North of 37th Street North, East of Tyler, as authorized by Resolution No. R-03-466, adopted September 9, 2003, and published September 12, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $11,500.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. E. (470-921/448-89869) Construction of Water Distribution System No. 448-89869 TO SERVE AVALON PARK ADDITION, North of 37th Street North, East of Tyler, as authorized by Resolution No. R-03-467, adopted September 9, 2003, and published September 12, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $25,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. F. (470-922/448-89870) Construction of Water Distribution System No. 448-89870 TO SERVE AVALON PARK ADDITION, North of 37th Street North, East of Tyler, as authorized by Resolution No. R-03-468, adopted September 9, 2003, and published September 12, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $24,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. G. (470-873/448-89908) Construction of Water Distribution System No. 448-89908 TO SERVE AVALON PARK 2ND ADDITION, North of 37th Street North, East of Tyler, as authorized by Resolution No. R-03-661, adopted December 16, 2003, and published December 22, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $52,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. H. (470-908/448-89911) Construction of Water Distribution System No. 448-89911 TO SERVE AUBURN HILLS 15TH ADDITION, West of 135th Street West, North of Kellogg, as authorized by Resolution No. R-04-013, rescinded by Resolution No. R-05-074, adopted January 6, 2004 & March 1, 2005, and published January 9, 2004 & March 4, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $42,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. I. (470-879/448-89958) Construction of Water Distribution System No. 448-89958 TO SERVE SAND PLUM ADDITION, South of 45th Street North, West of Webb, as authorized by Resolution No. R-04-245, rescinded by Resolution No. R-04-624, adopted May 18, 2004 & November 23, 2004, and published May 21, 2004 & November 29, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $33,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. J. (470-878/448-89985) Construction of Water Distribution System No. 448-89985 TO SERVE SAVANNA AT CASTLE ROCK RANCH 10TH ADDITION, West of 143rd Street East, North of 13th, as authorized by Resolution No. R-04-356, adopted July 13, 2004, and published July 19, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $36,500.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. K. (470-893/448-89992) Construction of Water Distribution System No. 448-89992 TO SERVE HAWTHORNE 3RD ADDITION, North of 21st, East of 127th Street East, as authorized by Resolution No. R-04-424, adopted August 17, 2004, and published August 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $61,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. L. (470-890/448-89993) Construction of Water Distribution System No. 448-89993 TO SERVE HAWTHORNE 2ND & 3RD ADDITIONS, North of 21st, East of 127th Street East, as authorized by Resolution No. R-04-425, adopted August 17, 2004, and published August 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $58,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. M. (470-917/448-89998) Construction of Water Distribution System No. 448-89998 TO SERVE SHOAL CREEK 3RD ADDITION, West of 143rd Street East, South of Central, as authorized by Resolution No. R-04-565, adopted October 12, 2004, and published October 15, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $23,700.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. N. (470-895/448-90006) Construction of Water Distribution System No. 448-90006 TO SERVE REGENCY LAKES COMMERCIAL 2ND ADDITION, North of 21st, West of Greenwich, as authorized by Resolution No. R-04-540, adopted September 28, 2004, and published October 1, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $75,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. O. (470-892/448-90012) Construction of Water Distribution System No. 448-90012 TO SERVE WOODLAWN NORTH POINTE ADDITION, South of 29th Street North, East of Woodlawn, as authorized by Resolution No. R-04-567, adopted October 12, 2004, and published October 15, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $28,600.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. P. (470-905/448-90022) Construction of Water Distribution System No. 448-90022 TO SERVE SAWMILL CREEK ADDITION, East of Rock, North of 45th Street North, as authorized by Resolution No. R-04-619, adopted November 16, 2004, and published November 19, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $80,700.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. Q. (470-912/448-90035) Construction of Water Distribution System No. 448-90035 TO SERVE AUBURN HILLS 15TH ADDITION, West of 135th Street West, North of Kellogg, as authorized by Resolution No. R-05-075, adopted March 1, 2005, and published March 4, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $40,300.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. R. (470-909/448-90036) Construction of Water Distribution System No. 448-90036 TO SERVE AUBURN HILLS 15TH ADDITION, West of 135th Street West, North of Kellogg, as authorized by Resolution No. R-05-076, adopted March 1, 2005, and published March 4, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $8,600.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. S. (470-911/448-90037) Construction of Water Distribution System No. 448-90037 TO SERVE THE WATERFRONT ADDITION, North of 13th Street, East of Webb Road, as authorized by Resolution No. R-05-132, adopted March 22, 2005, and published March 28, 2005, corrected & republished April 8, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $47,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. T. (470-932/448-90052) Construction of Water Distribution System No. 448-90052 TO SERVE SOUTHERN RIDGE 3RD ADDITION, South of Pawnee, West of Maize, as authorized by Resolution No. R-05-156, adopted March 22, 2005, and published March 28, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $27,600.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. U. (470-913/448-90058) Construction of Water Distribution System No. 448-90058 TO SERVE EVERGREEN ADDITION, North of 21st, West of Maize, as authorized by Resolution No. R-05-120, adopted March 8, 2005, and published March 14, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $87,300.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. V. (470-919/448-90064) Construction of Water Distribution System No. 448-90064 TO SERVE VALLEY ACRES ADDITION, North of 11th, West of St. Paul, as authorized by Resolution No. R-05-179, adopted April 5, 2005, and published April 8, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $4,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. SEWER PROJECTS: W. (480-789/468-83171) Construction of LATERAL 2, MAIN 11, SANITARY SEWER NO. 23, East of Rock Road, North of 45th Street North, as authorized by Resolution No. R-00-438, rescinded by Resolution No. R-04-621, adopted December 19, 2000 & November 16, 2004, and published December 23, 2000 & November 19, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $111,700.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. X. (480-772/468-83431) Construction of LATERAL 2, MAIN 21, SOUTHWEST INTERCEPTOR SEWER, North of 47th Street South, East of Hoover, as authorized by Resolution No. R-02-416, adopted September 17, 2002, and published September 21, 2002, corrected & republished October 10, 2002. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $117,200.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. Y. (480-770/468-83534) Construction of LATERAL 6, MAIN 5, NORTHWEST INTERCEPTOR SEWER, South of 13th, West of 135th Street West, as authorized by Resolution No. R-02-549, adopted December 10, 2002, and published December 14, 2002, corrected & republished January 14, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $208,200.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. Z. (480-783/468-83646) Construction of LATERAL 8, NORTHWEST INTERCEPTOR SEWER, North of 29th Street North, between Maize & Tyler, as authorized by Resolution No. R-03-294, adopted June 10, 2003, and published June 13, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $63,900.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AA. (480-805/468-83690) Construction of LATERAL 10, MAIN 19, SOUTHWEST INTERCEPTOR SEWER, North of 37th Street North, East of Tyler, as authorized by Resolution No. R-03-471, adopted September 9, 2003, and published September 12, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $31,900.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AB. (480-806/468-83691) Construction of LATERAL 11, MAIN 19, SOUTHWEST INTERCEPTOR SEWER, North of 37th Street North, East of Tyler, as authorized by Resolution No. R-03-472, adopted September 9, 2003, and published September 12, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $65,200.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AC. (480-807/468-83692) Construction of LATERAL 12, MAIN 19, SOUTHWEST INTERCEPTOR SEWER, North of 37th Street North, East of Tyler, as authorized by Resolution No. R-03-473, adopted September 9, 2003, and published September 12, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $111,200.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AD. (480-755/468-83748) Construction of LATERAL 16, MAIN 19, SOUTHWEST INTERCEPTOR SEWER, North of 37th Street North, East of Tyler, as authorized by Resolution No. R-04-348, adopted July 13, 2004, and published July 19, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $163,500.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AE. (480-793/468-83758) Construction of LATERAL 10, MAIN 2, COWSKIN INTERCEPTOR SEWER, West of 135th Street West, North of Kellogg, as authorized by Resolution No. R-04-015, rescinded by Resolution No. R-05-077, adopted January 6, 2004 & March 1, 2005, and published January 9, 2004 & March 4, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $139,600.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AF. (480-745/468-83802) Construction of LATERAL 369, FOUR MILE CREEK SEWER, North of Pawnee, East of Webb, as authorized by Resolution No. R-04-249, amended by Resolution No. R-04-443, adopted May 18, 2004 & August 31, 2004, and published May 21, 2004 & September 3, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $112,100.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AG. (480-749/468-83804) Construction of LATERAL 33, MAIN 1, WESTLINK SEWER, East of Evergreen, North of Maple, as authorized by Resolution No. R-04-212, adopted May 4, 2004, and published May 7, 2004. Petition for this improvement was Ordered In. The Statement of Cost approved December 20, 2005, in the amount of $90,900.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AH. (480-764/468-83831) Construction of LATERAL 34, MAIN 1, WESTLINK SEWER, East of Byron, South of Douglas, as authorized by Resolution No. R-04-387, adopted August 3, 2004, and published August 6, 2004. Petition for this improvement was signed by owners representing 66.67% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $29,300.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a square foot basis. AI. (480-771/468-83870) Construction of LATERAL 5, MAIN 13, FOUR MILE CREEK SEWER, North of 21st, East of 127th Street East, as authorized by Resolution No. R-04-431, adopted August 17, 2004, and published August 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $79,500.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AJ. (480-778/468-83871) Construction of LATERAL 6, MAIN 13, FOUR MILE CREEK SEWER, North of 21st, East of 127th Street East, as authorized by Resolution No. R-04-432, adopted August 17, 2004, and published August 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $166,400.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AK. (480-782/468-83895) Construction of LATERAL 6, MAIN 26, WAR INDUSTRIES SEWER, North of 21st, West of Greenwich, as authorized by Resolution No. R-04-541, adopted September 28, 2004, and published October 1, 2004, corrected & republished February 27, 2006. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $48,400.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a square foot basis. AL. (480-785/468-83922) Construction of LATERAL 18, MAIN 19, SOUTHWEST INTERCEPTER SEWER, North of 29th Street North, East of Ridge, as authorized by Resolution No. R-05-015, adopted January 4, 2005, and published January 10, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $12,600.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AM. (480-794/468-83948) Construction of LATERAL 11, MAIN 2, COWSKIN INTERCEPTOR SEWER, West of 135th Street West, North of Kellogg, as authorized by Resolution No. R-05-078, adopted March 1, 2005, and published March 4, 2005, corrected & republished March 23, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $9,400.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AN. (480-797/468-83949) Construction of LATERAL 50, MAIN 24, WAR INDUSTRIES SEWER, North of 13th, East of Webb, as authorized by Resolution No. R-05-128, adopted March 22, 2005, and published March 28, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $35,400.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a square foot basis. AO. (480-798/468-83969) Construction of LATERAL 1, MAIN 6, NORTHWEST INTERCEPTOR SEWER, North of 21st, West of Maize, as authorized by Resolution No. R-05-121, adopted March 8, 2005, and published March 14, 2005, corrected & republished April 14, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $106,400.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AP. (480-804/468-84008) Construction of LATERAL 148, MAIN 4, SANITARY SEWER NO. 23, West of Arkansas, North of 33rd Street North, as authorized by Resolution No. R-05-267, adopted May 17, 2005, and published May 21, 2005, corrected & republished June 3, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $6,200.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AQ. (480-822/468-84034) Construction of MAIN 14B, FOUR MILE CREEK SEWER, South of 21st, East of 127th Street East, as authorized by Resolution No. R-05-324, rescinded by Resolution No. R-05-455, adopted June 21, 2005 & September 13, 2005, and published June 24, 2005 & September 16, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $13,200.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. STORM SEWER PROJECTS: AR. (485-282/468-83169) Construction of SWD NO. 156, TO SERVE SAWMILL CREEK ADDITION, East of Rock, North of 45th Street North, as authorized by Resolution No. R-00-436, rescinded by R-04-620, adopted December 19, 2000 & November 16, 2004, and published December 23, 2000 & November 19, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $247,100.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AS. (485-269/468-83558) Construction of SWD NO. 196, TO SERVE COPPER GATE ESTATES, South of 13th, West of 135th Street West, as authorized by Resolution No. R-02-550, adopted December 10, 2002, and published December 14, 2002, corrected & republished February 27, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $235,700.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AT. (485-270/468-83561) Construction of SWS NO. 583, TO SERVE COPPER GATE ESTATES, South of 13th, West of 135th Street West, as authorized by Resolution No. R-02-553, adopted December 10, 2002, and published December 14, 2002. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $101,100.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AU. (485-220/468-83573) Construction of SWS NO. 586, TO SERVE POWER CDC 2ND ADDITION, North of 25th Street North, West of Grove, as authorized by Resolution No. R-02-587, amended by R-04-550, adopted December 17, 2002 & October 12, 2004, and published December 21, 2002 & October 15, 2004, corrected & republished May 4, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $65,100.00 is to be apportioned 64% payable by the improvement district and 36% payable by the City of Wichita at Large. The cost has been assessed on a fractional basis. AV. (485-283/468-83637) Construction of SWD NO. 205, TO SERVE HIGHLAND SPRINGS 3RD ADDITION, West of 135th Street West, South of Central, as authorized by Resolution No. R-03-257, rescinded by R-05-013, rescinded by R-05-164, adopted May 20, 2003, January 4, 2005 & March 22, 2005, and published May 23, 2003, January 10, 2005 & March 28, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $232,000.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AW. (485-250/468-83759) Construction of SWD NO. 223, TO SERVE AUBURN HILLS 15TH ADDITION, West of 135th Street West, North of Kellogg, as authorized by Resolution No. R-04-016, rescinded by R-04-119, adopted January 6, 2004 & March 16, 2004, and published January 9, 2004 & March 19, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $205,900.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AX. (485-273/468-83836) Construction of SWD NO. 235, TO SERVE MY HOUSE ADDITION, South of 55th Street South, West of Broadway, as authorized by Resolution No. R-04-317, adopted June 8, 2004, and published June 11, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $107,000.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AY. (485-277/468-83894) Construction of SWS NO. 610, TO SERVE SOUTHERN RIDGE 2ND ADDITION, South of Pawnee, West of Maize, as authorized by Resolution No. R-04-511, adopted September 14, 2004, and published September 17, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $395,100.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. AZ. (485-274/468-83899) Construction of SWD NO. 240, TO SERVE THE PLAZA AT CHERRY CREEK HILLS, East of Rock, North of Oak Knoll, as authorized by Resolution No. R-04-539, adopted September 28, 2004, and published October 1, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $41,400.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. BA. (485-275/468-83920) Construction of SWD NO. 242, TO SERVE THE WATERFRONT 4TH ADDITION, North of 13th, East of Webb, as authorized by Resolution No. R-04-593, adopted November 2, 2004, and published November 19, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $46,900.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. BB. (485-276/468-83929) Construction of SWD NO. 245, TO SERVE FOX RIDGE ADDITION, East of Maize, North of 29th Street North, as authorized by Resolution No. R-04-628, adopted November 23, 2004, and published November 29, 2004, corrected & republished July 13, 2005, corrected & republished July 27, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $240,500.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. BC. (485-279/468-83936) Construction of SWD NO. 248, TO SERVE THE FAIRMONT 3RD, West of 127th Street East, North of 21st, as authorized by Resolution No. R-05-012, rescinded by R-05-569, adopted January 4, 2005 & November 8, 2005, and published January 10, 2005 & November 17, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $229,700.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a fractional basis. BD. (485-286/468-83951) Construction of SWS NO. 612, TO SERVE THE WATERFRONT ADDITION, North of 13th, East of Webb, as authorized by Resolution No. R-05-130, adopted March 22, 2005, and published March 28, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved December 20, 2005, in the amount of $87,400.00 is to be apportioned 100% payable by the improvement district. The cost has been assessed on a square foot basis. Agenda Item No. 30. City of Wichita City Council Meeting April 4, 2006 Agenda Item No 06-0367 TO: Mayor and City Council Members SUBJECT: Hillside St. Bridge at Gypsum Creek (south of Range Road) (District III) INITIATED BY: Department of Public Works AGENDA: New Business Recommendations: Approve the project. Background: The 2005-2014 Capital Improvement Program (CIP) adopted by the City Council includes a project to improve the Hillside St. Bridge at Gypsum Creek. District III Advisory Board sponsored a March 1, 2006, neighborhood hearing on the project. The Board voted 9-0 to recommend approval of the project. Analysis: The project will replace the existing bridge. Sidewalks will be built on both sides of the new structure. Gabion retaining walls (rock filled wire baskets) will be installed along the channel under the bridge. Construction is planned to begin later this year. Financial Considerations: The budget contained in the CIP is $850,000 with $385,000 paid by the City and $500,000 by Federal Grants administered by the Kansas Department of Transportation. The original design concept was to rehabilitate the bridge. It has since been determined that the structure has deteriorated to the point that it should be removed and replaced. The current estimated cost is $1,285,000 with $785,000 paid by the City and $500,000 by Federal Grants. The funding source for the City share is General Obligation Bonds. Funding for the budget increase is available from under expenditures in the Hydraulic improvement project, between 57th St. South and 47th St. South. Legal Considerations: The Law Department has approved the authorizing Ordinance as to legal form. Recommendation/Actions: It is recommended that the City Council approve the project, place the Ordinance on First Reading and authorize the signing of State/Federal agreements as required. Agenda Item No. 31. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0368 TO: Mayor and City Council SUBJECT: Assistance to Firefighters Grant Program (All Districts) INITIATED BY: Wichita Fire Department AGENDA: New Business Recommendation: Approve the grant application. Background: The FY 2006 Defense Authorization Act authorized the Federal Department of Homeland Security, Federal Emergency Management Agency (FEMA), to make $539,550,000 in grant monies available to fire departments. The programs and associated activities that are eligible for the 2006 grant programs are: Operations and Firefighter Safety and Firefighting Vehicle Acquisition Program. Applicants can apply for only one of the two programmatic areas. Grant applications are due April 6, 2006. Analysis: The Fire Department has developed a $387,955 grant application, requesting funding in the Operations and Firefighter Safety Program category. If approved, the grant funds would be used to replace and upgrade existing station vehicle exhaust extraction systems. The existing systems, built and installed by department personnel in the early 1990's in Stations 1, 2, 3, 5, 8, 9, 11, 14, 15, 16, 17 and 18 are in need of major repairs and/or replacement. The systems have become unreliable and increasingly difficult to make repairs and obtain parts for. The grant proposal will bring all City Fire Stations into compliance with OSHA regulations and NFPA Standards (1500 9.1.6) as well as create a safer and healthier living environment for firefighters by replacing the exhaust extraction systems with customized stand alone automatic filtration systems that filter all contaminates from the air. Financial Considerations: Fire is applying for a grant of $387,955. The grant specifies a match of 20%, or $77,591. If the grant is awarded the match will be funded from under-expenditures in the departmental capital projects. Legal Considerations: The grant award will be reviewed by the Department of Law upon receipt. Recommendations/Actions: It is recommended the City Council approve the grant application and authorize the necessary signatures. Agenda Item No. 32. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0369 TO: Mayor and City Council SUBJECT: Comprehensive Housing Policy (All Districts) INITIATED BY: Housing and Community Services Department AGENDA: New Business Recommendation: It is recommended that the Mayor and City Council adopt the 2006 Comprehensive Housing Policy which was developed by the Housing Advisory Board and Housing and Community Services Department, with input from numerous City and community housing stakeholders. Background: In August 2004, the Housing Advisory Board participated in a planning retreat and agreed on the need for a comprehensive housing policy for the City of Wichita. The Board and staff of the Housing and Community Services Department performed research on local housing policies across the country and created a template for development of a comprehensive housing policy for Wichita. Board and staff members created five teams around the following themes: Housing Affordability; Housing Availability; Neighborhood Stability; Leveraging Resources; and Housing Quality. Each team researched their theme, inviting input from a variety of stakeholders. A draft housing policy was released in November 2005, for City Council review. The preliminary review and discussion by the City Council took place in January 2006 and was followed by distribution for comment by community partners. Feedback from all the community partner reviews has been incorporated in the 2006 Comprehensive Housing Policy, which is being presented for adoption. In addition, staff reviewed the Policy for consistency with the City of Wichita's recently approved Strategic Goals. That review revealed that the Policy and Goals are complementary and consistent. Analysis: It is the conclusion of all who have reviewed the document, that this comprehensive housing policy will be a useful tool in organizing and identifying resources to address the barriers and implement the strategies, which were identified in each of the five theme areas. However it is equally important to consider this a 'living' document. Regular updates to the policy will be made at least annually, to adjust for changing conditions and achievement of specific goals. These annual updates, which will be presented to the City Council, will also allow for the Policy to be reviewed in the context of the City's Strategic Goals. Financial Considerations: Adoption of the Comprehensive Housing Policy does not require a financial commitment by the City of Wichita. As policy strategies are implemented, funding plans will be developed and will consider a variety of resources. Legal Considerations: Adoption of the Comprehensive Housing Policy does not legally obligate the City of Wichita. Recommendations/Actions: It is recommended that the City Council adopt the 2006 Comprehensive Housing Policy. Agenda Item No. 33. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0370 TO: Mayor and City Council Members SUBJECT: Letter of Intent to Provide Fire Protection Services to the City of Eastborough (Dist. 2) INITIATED BY: Law Department AGENDA: New Business Recommendation: Approve the Letter of Intent. Background: The City of Eastborough has requested the City of Wichita to provide fire protection services to the City of Eastborough. Eastborough has proposed that the City of Wichita and the City of Eastborough enter into a contract that provides for such fire protection services in return for which, the City of Eastborough will pay the City of Wichita a fee equivalent to 11 mills for each dollar of assessed valuation with the City of Eastborough. Analysis: Under the first responder agreement between the City of Wichita and Sedgwick County, it is the City of Wichita, which currently responds first to fire and emergency calls within the City of Eastborough. Despite this, Eastborough pays a fee of 18.5 mills per dollar of assessed valuation to the Sedgwick County Fire District for fire protection services. Financial Considerations: The provision of fire protection services to the City of Eastborough will require a similar level of effort and response as is currently provided to residents of the City of Wichita who live adjacent to the Eastborough city limits. Currently, the City of Wichita calculates that the provision of such fire protection services to its residents is equivalent to a charge of 11 mills per dollar of assessed valuation. Legal Considerations: The Law department has approved the Letter of Intent as to form and will negotiate a contract with Eastborough to reflect the terms of such Letter of Intent if the City of Eastborough is successful in detaching from the Sedgwick County Fire District. Recommendation/Action: It is recommended that the City Council 1) Approve the letter of Agreement, 2) Direct the Law Department to negotiate a contract with Eastborough consistent with the Letter of Intent if Eastborough is successful in detaching from the Sedgwick County Fire District, and 3) Authorize the Mayor to execute the Letter of Intent and any contract drafter pursuant to such Letter of Intent. Please do a letter on COW stationery--- April 4, 2006 Thom Rosenberg, Mayor City of Eastborough Eastborough City Hall 1 Douglas Avenue Wichita, Kansas 67207 Re: City of Eastborough---Fire Protection Services Dear Mayor Rosenberg: The City Council of the City of Wichita has considered your letter to the City Manager of March 16, 2006, in which you asked whether the City of Wichita was interested in contracting with the City of Eastborough for fire protection services. The Council considered this matter on its April 4, 2006, agenda and approved pursuing negotiations with the City of Eastborough to finalize such a contract on the financial terms set out in your letter. Specifically, the Council agreed that if Eastborough is able to detach from the Sedgwick County Fire District, the City of Wichita is ready, willing and able to provide fire protection services to the City of Eastborough for an annual charge equivalent to 11 mills per dollar of assessed valuation within the city limits of Eastborough. Very truly yours, _______________________ Carlos Mayans, Mayor Agenda Item 34. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0371 TO: Mayor and City Council Members SUBJECT: DR 2006-03 -- Request for a Street Name Change from Jardine Drive to Opportunity Drive. (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) Staff Recommendation: Approve the street name change. MAPC Recommendation: Approve the street name change. (12-0) Background: The Metropolitan Area Planning Commission approved this request on March 16, 2006. On February 9, 2006, the Address Committee held a meeting and recommended that the street name change be approved. Analysis: The intent of this street name change request is related to the construction of new facilities. Financial Considerations: None. Legal Considerations: None. Recommendations/Actions: It is recommended that the City Council approve the street name change and place the Ordinance on first reading. Agenda Item No. 35. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0372 TO: Mayor and City Council SUBJECT: PUD2005-00004 - Creation of the 21st Street Kids and Family Empowerment Planned Unit Development with four parcels. Generally located 1/8 mile north of 21st Street North, east and west of Jardine Drive. (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) MAPC Recommendations: Approve, subject to original staff recommendations, (11-0). MAPD Staff Recommendations: Approve, subject to a height increase on Parcels 3 and 4. DAB Recommendations: Approve, subject to original staff recommendations, (8-0). Background: The 21st Street Kids and Family Empowerment Planned Unit Development (PUD), located north of 21st Street North on both sides of Jardine Drive, was approved by City Council on January 18, 2006, subject to platting. The PUD established a 35-foot maximum building height on all parcels. The agent for the applicant has now contacted staff and requested that the PUD be changed to allow for a 50-foot building height on Parcels 3 and 4 to accommodate proposed gymnasiums on those parcels. Because the ordinance establishing the PUD has not had a first reading and has not been published, the requested height increase can be addressed at present, avoiding a PUD amendment process. Because this request is now different than what was approved by the MAPC at the public hearing on September 23, 2005, the Council must now have a 2/3 majority to override the MAPC decision. Analysis: The District I Advisory Board and MAPC both voted unanimously to approve the PUD, subject to staff recommendations. Building height was not a concern, and it was not discussed at either of these public hearings. The entire PUD has 35-foot building setbacks from surrounding properties, mitigating building height concerns. Financial Considerations: None. Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department. Recommendation/Actions: It is recommended that the City Council: 1. Adopt the findings of the MAPC and approve the PUD with a height increase from 35 feet to 50 feet on Parcels 3 and 4; place the ordinance on the first reading and instruct staff to publish the ordinance; or 2. Return the application to 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.) 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. PUD 2005-00004 #20 Request for zone change from request from MF-29, Multi-Family Residential District to PUD, Planned Unit Development, described as follows: Lots 1-4, Block 1, and Reserve B, Block 2, 21st Street Kids and Family Empowerment Addition, Wichita, Sedgwick County, Kansas. Generally located on east of Hydraulic and on the North Side of 21st Street North. 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 this _____ day of ___________, 2006. ATTEST: ____________________________ ______________________ ______________________ Karen Sublett, City Clerk Carlos Mayans, Mayor (SEAL) Approved as to form: ________________________________ Gary E. Rebenstorf, City Attorney Agenda Item No. 36. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0373 TO: Mayor and City Council SUBJECT: ZON2005-00058 - Zone change from "TF-3" Two-family Residential to "NO" Neighborhood Office. Generally located west of Oliver Avenue at the northeast corner of Central and Crestway. (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) MAPC Recommendations: Denied (6-5). MAPD Staff Recommendations: Denied. DAB Recommendations: Denied (8-2). Background: The applicants are requesting "NO" Neighborhood Office zoning on a platted 0.22-acre site, which is currently zoned "TF-3" Two-family Residential. The site is located on the northeast corner of Crestway and Central Avenue. The site's current structure appears to be what was originally a single-family residence (approximately 1,428-square feet, single-story, wood lap siding, built in the late 1920s) facing Central with a detached single car garage in the back. Access to the garage is off of Crestway. There is a paved alley (which is blocked off by a fence located east of the site) abutting the back of the site by the garage with a graveled area abutting the east side of the garage. There is a six-foot wooden privacy fence around the back yard of the site. The applicants propose to convert this residential structure into an office. It appears the applicants have already begun the conversion and have a sign posted in the front yard advertising the business. The applicants were advised that the Unified Zoning Code (UZC, Art.IV, Sec. IV-E) permitted the proposed business as a "home occupation, office facilities." The applicants have stated that the office will be operating without an occupant on the site, thus canceling any possible "home occupation" status. They also want a larger on-site sign than what was permitted for a home occupation. Staff advised the applicants that a variance could be applied for, in regards to the sign they wanted and that is currently on site, if the office was operated as a "home occupation". "TF-3" zoned lots that have been developed as duplexes are east of the site, extending up to where the block ends at Terrance Drive. The next block east of the site is zoned "TF-3" and "MF-20" Multifamily Residential, and is developed with duplexes and four-plexes with the exception of the eastern most corner property being zoned "GO" General Office. This "GO" zoned property is almost two blocks away and is the nearest nonresidential zoning on the north side of Central. The "GO" zoned property is also the western most extension of the commercial ("LC" Limited Commercial) zoning located around the Central and Oliver Avenue intersection, specifically on the north side of Central. South of the site, and across Central Avenue, properties are zoned "TF-3" and "SF-5" Single-family Residential with development being overwhelming single-family residential. There is "LC" zoning almost two blocks east of the site on the south side of Central. Similar to the previously mentioned "GO" zoning, it is the western most extension of the commercial ("LC") zoning around the Central and Oliver Avenue intersection. "TF-3" zoning and a mixture of mostly single-family residences and some duplexes are located west, across Crestway Avenue, from the site. The nearest commercial/office zoning west of the site is seven blocks away. "TF-3" zoning and a mixture of mostly single-family residences and a few scattered duplexes are located north of the site. Analysis: The Metropolitan Area Planning Commission (MAPC) heard this request on February 2, 2006. The MAPC recommended denial (6-5) citing the findings found in the staff report. One property owner spoke in opposition citing concerns with increased traffic and the impact it would have on their shared driveway with the applicant. District Advisory Board I reviewed this request on March 6, 2006. DAB I recommended denial (8-2). Financial Considerations: None Legal Considerations: Should the City Council approve the request an ordinance will be prepared reflecting the Council's direction. Recommendation/Actions: 1. Adopt the findings of the MAPC and deny the zone change based upon the findings contained in the staff report; 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. 37. City of Wichita City Council Meeting April 4, 2006 Agenda Report No. 06-0374 TO: Mayor and City Council SUBJECT: CUP2006-00003 - DP256 Amendment #2-Minor Amendment to The Collective Community Unit Plan to reduce a building setback. Generally located at the southeast corner of K-96 and 21st Street North. (District II) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) MAPC Recommendations: Approve, subject to staff recommendations, vote (13-0). MAPD Staff Recommendations: Approve, subject to the submitted site plan. DAB Recommendations: Not applicable. Background: The applicant requests a minor amendment to DP-256, The Collective Community Unit Plan (CUP). The applicant proposes to reduce the CUP's 35-foot building setback along Founders Street for Parcel 3. The proposed setback reduction would be from 35 feet to 26 feet, a nine-foot or 25% reduction. The proposed use is an office facility. The applicant proposes to place an outdoor patio on the southeast corner of the building, and connect the building to the sidewalk along Founders Street (see the attached site plan). The CUP limits uses in Parcel 3 to those permitted in "NR" Neighborhood Retail zoning. The CUP has a pedestrian circulation and architectural requirements, and screening is required for all dumpsters, loading docks and mechanical systems. All the abutting property within the Collective CUP is zoned "LC". Much of the other surrounding property is developed with institutional uses. Trinity Academy is a private high school located to the east, across Founders Street, from the site. Messiah Baptist Church and Magdalen Catholic Church and School are across 21st Street North. A "GO" General Office zoned medical office is south of the CUP. Analysis: MAPC heard this request on March 2 2006 and no citizens spoke at the hearing. The action of the MAPC was to approve the CUP Amendment request subject to staff recommendations, making the CUP Amendment subject to the submitted site plan. Financial Considerations: None. Legal Considerations: None. Recommendation/Actions: Ø Concur with the findings of the MAPC and approve Amendment #2; or 2. Return the application to the MAPC for reconsideration. (An override of the Planning Commission's recommendation requires a 2/3 majority vote of the membership of the governing body on the first hearing. ##### 1