DECEMBER 13, 2005 AGENDA REPORTS Agenda Item No. 10A. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1080 TO: Mayor and City Council Members SUBJECT: Petition to construct a Sanitary Sewer in Killarney Plaza East Addition (north of 29th St. North, west of Rock) (District I) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the new Petition. Background: On May 17, 2005, the City Council approved a Petition to construct a sanitary sewer in Killarney Plaza East Addition. An attempt to award a contract within the budget set by the Petition was not successful. The developer has submitted a new Petition with an increased budget. The signature on the new Petition represents 100% of the improvement district. Analysis: The project will serve a new residential development located north of 29th St. North, west of Rock. Financial Considerations: The existing Petition totals $51,000. The new Petition totals $66,000. The funding source is special assessments. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the new Petition, adopt the Resolution and authorize the necessary signatures. Agenda Item No. 10B. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1081 TO: Mayor and City Council Members SUBJECT: Petition to construct a Sanitary Sewer to serve an area along Greenwich, north of 13th (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petition. Background: The Petition has been signed by two owners representing 100% of the improvement district. Analysis: The project will provide sanitary sewer service to an undeveloped commercial area along Greenwich, north of 13th. Financial Considerations: The Petition totals $105,000. The funding source is special assessments. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petition, adopt the Resolution and authorize the necessary signatures. Agenda Item No. 10C. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1082 TO: Mayor and City Council Members SUBJECT: Petition to install traffic signals at the intersection of 21st and Founders Circle (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petition. Background: The Petition has been signed by ten owners, representing 100% of the improvement district. Analysis: The project will provide signalized access to a new health clinic, school, retail and church building located along 21st, east of the K-96 Expressway. The signals will be installed as part of a 21st Street improvement project, currently scheduled for 2009 in the Capital Improvement Program. Temporary signals will be installed this winter to provide traffic controls at the intersection until the permanent signals are installed. Financial Considerations: The Petition totals $150,000, with $75,000 assessed to the improvement district and $75,000 paid by the City-at-Large. The funding source for the City share is General Obligation Bonds. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petition, adopt the Resolution and authorize the necessary signatures. Agenda Item 13. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1083 TO: Mayor and City Council SUBJECT: Special Events INITIATED BY: City Manager's Office AGENDA: Consent Recommendation: Approve the request for street closures. Background: In accordance with the Special Events Procedure, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by the City Council. Analysis: The following street closure requests have been submitted (see attached maps): YMCA Frosty Five Fun Run, Sunday, January 1, 10:30 a.m. -Noon § Third & Market § Third & Main § Third & Waco § Second & Waco § First & Waco (partial) Police security is arranged to remove street barricades as necessary to allow emergency vehicle access during entire designated time period. Financial Consideration: Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Recommendation/Actions: It is recommended that the City Council approve the request subject to: (1) Event sponsors notifying every property and/or business adjoining any portion of the closed street; (2) Coordination of event arrangements with City Staff; (3) Hiring off-duty public safety officers as required by the Police Department; (4) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Department; (5) Submitting a Certificate of Insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Agenda Item 16A. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1085 TO: Mayor and City Council Members SUBJECT: Centrex Telephone Service INITIATED BY: IT/IS Department AGENDA: Consent Recommendation: Approve Centrex Telephone Service Contract Background: Telephone services for City of Wichita locations not served by the City Hall PBX telephone system is provided under the Centrex contract. Centrex service serves outlying locations such as Fire Departments, Police Departments, and smaller, decentralized locations that have few telephone lines. The contract with the current carrier has expired and a new contract is necessary. Analysis: A Request for Proposal (FP500086) for Centrex Telephone Service was issued and one response was received from the incumbent service provider, Telcove. This response meets all criteria of the RFP at a reasonable price Financial Considerations: The annual value of the contract is approximately $72,500, and will save approximately $5,000 per year over the current price, which is currently budgeted. Legal Considerations: The Law Department is currently reviewing and will approve the contracts as to form. The duration of the contract is for one year with an annual renewal options for an additional four years. Recommendation/Action: It is recommended that the City Council approve the contract and authorize the necessary signatures. Agenda Item No. 16B. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1086 TO: Mayor and City Council SUBJECT: Agreement to Respread Assessments: Falcon Falls 2nd Addition (east of Hydraulic, north of 37th Street North) (District I) INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve the Agreement. Background: The landowner, Heights, L.L.C., a Kansas Limited Liability Company, platted Falcon Falls 2nd Addition and has submitted an Agreement to respread special assessments within the Addition. Analysis: The land was originally included in an improvement district for a main sanitary sewer improvement. The purpose of the Agreement is to respread special assessments on a fractional basis for each lot, therefore, distributing the cost of the improvement more fairly. Without the Agreement, the assessments will remain spread on a square foot basis. Financial Considerations: There is no cost to the City. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Agenda Item No. 16C. City of Wichita City Council Meeting December 13, 2005 Agenda Report 05-1087 To: Mayor and Members of the City Council Subject: Transit Teamsters Memorandum of Agreement Initiated by: Human Resources Department Agenda: Consent Recommendation: Approve the proposed 2006-2010 Memorandum of Agreement. Background: The City has reached tentative agreement with Transit Teamsters Local #795 for a five-year labor agreement. The agreement will be in effect for the period of December 17, 2005 through December 24, 2010. Analysis: The following key changes were negotiated through the collective bargaining process and will cover transit employees represented by the Teamsters: 1. Across the board wage increases of 3% in 2006, 3% in 2007, and 2.5% in 2008 with a two-year wage re-opener only for 2009-2010 contract years. 2. For 2006 longevity pay for employees with over eleven years of service will be increased to three dollars a month for each year of service. For 2007 longevity pay for employees with over eleven years of service will be increased to four dollars a month for each year of service. 3. A new pay for performance plan that will require employees to meet three of five negotiated performance criteria to be eligible for a one-step merit increase and allow for employees who meet all five of the negotiated performance criteria the opportunity to achieve a two-step merit increase or a $500 bonus for employees at the top of their salary range. 4. Employees will be required to have a DOT physical every three years. 5. A one-dollar increase in weekly pension benefits starting in 2006. 6. Numerous language items as proposed by the City. Financial Considerations: The 2006 and 2007 budgets for Transit include funding for a 3% wage increase and funding for increased longevity payments. The relatively minimal costs of the increase in retirement contributions and the proposed bonus structure will be incorporated in the 2006 Revised budget. Legal Considerations: The City Attorney's Office has reviewed the Agreement and approved it as to form. Recommendations/Actions. It is recommended that the Council approve the Agreement and authorize the appropriate signatures. Agenda Item No. 16D. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1088 TO: Mayor and City Council SUBJECT: Equus Beds Aquifer Storage and Recovery Project (Phase I) Supplemental Agreement INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendations: Approve Supplemental Agreement No. 9 with Burns & McDonnell Engineering Co. for the Equus Beds Aquifer Storage and Recovery Project. Background: On January 8, 2002, the City Council approved a Contract with Burns & McDonnell Engineering Co. (Engineer) to provide engineering and design services for Phase I of the Equus Beds Aquifer Storage and Recovery (ASR) Project for $798,532. Nov. 5, 2002, City Council approved Supplemental Agreement No. 1 for additional archeological services necessary to evaluate the impact of the discovery of a pre-historic artifact. March 25, 2003, City Council approved Supplemental Agreement No. 2 for services necessary to run the computer model to evaluate the results of pilot work on alternate water treatment technologies. April 1, 2003, City Council approved Supplemental Agreement No. 3 to allow drilling of additional test holes at the proposed sites for recharge basins. May 25, 2004, City Council approved Supplemental Agreement No. 4 to drill two additional test wells at alternative sites for diversions wells that appeared to have better water quality. August 31, 2004, City Council approved a Memorandum of Understanding with the Equus Beds Groundwater Management District (GMD) that led to the unanimous recommendation of the GMD for approval of the City's applications for water rights for Phase I of the ASR project. March 8, 2005, City Council approved Supplemental Agreement No. 5 that included services to conduct a shallow aquifer test and other services associated with obtaining appropriations from the state. July 12, 2005, the City Council approved Supplemental Agreement No. 6 that included services to conduct a full-scale aquifer test at one of the proposed diversion well sites, and Supplemental Agreement No. 7 that included engineering services to upgrade the electrical system in the Equus Beds Wellfield. November 1, 2005, City Council approved Supplemental Agreement No. 8 to build a full-scale well and perform pump tests at a diversion site that has a water appropriation from the state. Analysis: As part of the design activities of the Phase I project, the engineer performed a pumping test near one of the proposed diversion well sites. The test was to help determine how much water could be diverted from the river using wells adjacent to the river. Results of the recently completed test determined that the river/aquifer connection in this area is less substantial than it was at the site used during the Recharge Demonstration Project. Consequently, the proposed diversion wells will not be able to capture up to 10 MGD without potentially impairing other groundwater users. The only way to capture up to 10 MGD at this site and fully utilize the recharge facilities is to directly withdraw water from the river. On November 1, 2005, City Council approved a Design/Build project to construct a surface water treatment plant to treat river water and authorized Staff to issue a Request for Proposals. Supplemental Agreement No. 9 is for the design of a surface water intake in the Little Arkansas River, and the design of equipment to feed powered activated carbon (PAC). The PAC is needed to remove atrazene from the water, which is often found in the river at levels exceeding drinking water standards. Both of these tasks are beyond the scope of services in the original Contract, and were not included in the scope of services for the Design/Build project to construct the surface water treatment plant. Financial Considerations: The cost for the engineering services to design the river intake and the PAC feed equipment will not exceed $188,293. Funding is included in CIP W-549, Water Supply Plan Phase III that has available funding of over $7.6 million in 2005. Legal Considerations: The Law Department has reviewed and approved Supplemental Agreement No. 9 as to form. Recommendation/Actions: It is recommended that the City Council approve Supplemental Agreement No. 9 with Burns & McDonnell and authorize the necessary signatures. Agenda Item 16E. City of Wichita City Council Meeting December 13, 2005 Agenda Report 05-1089 TO: Mayor and City Council SUBJECT: Translation and Interpreter Services Contract INITIATED BY: Municipal Court AGENDA: Consent ________________________________________________________________________ Recommendation: Approve the contract. Background: The Municipal Court is required by state statute (K.S.A. 75-4351) to provide translation and interpreter services for court proceedings involving persons whose primary language is one other than the English language. The interpreter must be able to readily communicate with the person and be able to accurately, clearly and effectively repeat and translate the statement of such person and/or translate documents presented to the individual. The most frequently required languages have been Spanish and Vietnamese. Analysis: A Request for Proposal (RFP) was developed seeking vendors that could provide translation and interpreter services for court proceedings. The RFP was submitted to multiple vendors, published in The Wichita Eagle and posted on E Procurement. Five vendors responded. A selection committee reviewed and evaluated the proposals and the vendor Translators and Interpreter Company is recommended. This company has provided interpreter services to the Court since 1996, met the requirements of the RFP and offered the lowest cost for services. The hourly rate for translation and interpreting service is designated per language type: $29.90 per hour for Spanish; $35 per hour for Vietnamese; $40 per hour for Laotian, French, and Cambodian; $45 per hour for Thai, Arabic, German, Russian, Greek, Romanian, Italian, Japanese, Chinese and Korea; and $50 per hour for all other languages. The proposed hourly rate for the Spanish language, the most frequently requested interpreter service, remained at the same rate as the past contract. The proposed hourly rate for the Vietnamese language, the second most frequently requested interpreter service, reduced from $45 per hour to $35 per hour. Annual expenditures are dependent upon the number of non-English speaking defendants, which has been increasing over the past several years. Financial Consideration: State law requires the Court to provide translation and interpreter service for any court proceeding involving persons whose primary language is one other than the English language. In accordance with the statute, the expense for this service cannot be assessed against the defendant. The Municipal Court's 2006 budget includes $22,700 for translation and interpreter services and is sufficient to provide the required services. Legal Consideration: The contract will be approved as to form by the Law Department. Recommendations/Actions: It is recommended the City Council approve the contract with Translators and Interpreting Co. and authorize the necessary signatures. CONTRACT for TRANSLATION AND INTERPRETER SERVICES BLANKET PURCHASE ORDER NUMBER BP500167 THIS CONTRACT entered into this 13th day of December, 2005, by and between the CITY OF WICHITA, KANSAS, a municipal corporation, hereinafter called "CITY", and PETER SALMERON DBA TRANSLATORS & INTERPRETERS COMPANY, (Performance Vendor Code Number -509442202-002), 6804 East Grand, P. O. Box 16004, Wichita, Kansas, 67216, Telephone Number (316) 684-0543, hereinafter called "VENDOR". WITNESSETH: WHEREAS, the CITY has solicited proposals for Translation and Interpreter Services (Proposal Number - FP500084) [Commodity Code Number 96175]; and WHEREAS, VENDOR has submitted the proposal most beneficial to the CITY and is ready, willing, and able to provide the commodities and/or services required by the CITY. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. VENDOR shall provide to the CITY all those commodities and/or services specified in its response to Proposal Number - FP500084 [Commodity Code Number - 96175], which is incorporated herein by this reference the same as if it were fully set forth. The proposal package, including all specifications, plans, addenda, provided by the City of Wichita as part of the proposal letting process for Proposal Number - FP500084, shall be considered a part of this contract and is incorporated by reference herein. 2. Compensation. CITY agrees to pay to VENDOR the following unit price for translation and interpreter services Proposal Number - FP500084 [Commodity Code Number - 96175], for the Municipal Court of the City of Wichita as shown below as compensation as per the proposal, specifications, plans, and/or addenda of November 1, 2005 and the VENDOR'S proposal as approved by the City Council on December 13, 2005. Billing Terms are net thirty (30) days. Item Number Description Unit Cost 1. Spanish Language $29.90 per hour 2. Vietnamese Language $35.00 per hour 3. Laotian, French and $40.00 per Cambodian Languages 4. Thai, Arabic, German, Russian, $45.00 per Greek, Romanian, Italian, Japanese, Chinese, and Korean Languages 5. Farsi, Albanian, Hindi, Urdu,Turkish, $50.00 per hour Swahili and Nepalese Languages 3. Term. The term of this contract shall be from January 1, 2006 through December 31, 2006, with options to renew the contract under the same terms and conditions for two (2) successive one (1) year terms by mutual agreement of the parties. This contract is subject to cancellation by the CITY, at its discretion at any time within the original contract term or within any successive renewal, upon thirty (30) days written notice to VENDOR. 4. Independent Contractor. The relationship of the VENDOR to the CITY will be that of an independent contractor. No employee or agent of the VENDOR shall be considered an employee of the CITY. 5. Compliance with Laws. VENDOR shall comply with all laws, statutes and ordinances which may pertain to the providing of services under this contract. 6. No Assignment. The services to be provided by the VENDOR under this contract are personal and cannot be assigned, sublet or transferred without the specific written consent of the CITY. 7. Non-Discrimination. VENDOR shall comply with all applicable requirements of the City of Wichita Revised Non-Discrimination and Equal Employment /Affirmative Action Program Requirements Statement for Contracts or Agreements attached hereto as Exhibit A. 8. Third Party Rights. It is specifically agreed between the parties 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. 9. No Arbitration. The Contractor and the City shall not be obligated to resolve any claim or dispute related to the Contract by arbitration. Any reference to arbitration in bid or proposal documents is deemed void. 10. Governing Law. This contract shall be interpreted according to the laws of the State of Kansas. 11. Representative's Authority to Contract. By signing the contract, the representative of the contractor or vendor represents that he or she is duly authorized by the contractor or vendor to execute this contract, and that the contractor or vendor has agreed to be bound by all its provisions. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. ATTEST: CITY OF WICHITA, KANSAS ________________________________ Patsy Ellis Carlos Mayans Deputy City Clerk Mayor APPROVED AS TO FORM: PETER SALMERON DBA TRANSLATORS & INTERPRETERS COMPANY ______________________________ Gary E. Rebenstorf (Signature) Director of Law ______________________________ (Print Name) _______________________________ (Title-Owner or Sole Proprietor) 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. 16f. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1090 TO: Mayor and City Council SUBJECT: Contract for Wichita Intervention Program Guard Services INITIATED BY: Municipal Court AGENDA: Consent _____________________________________________________________________ Recommendation: Approve the contract. Background: Kansas Law requires defendants convicted of a first Driving Under the Influence (DUI) offense to be incarcerated for forty-eight hours and attend alcohol intervention/education classes. In 1984, Municipal Court established the Wichita Intervention Program (WIP) that combined both aspects in a setting outside of jail. Participants stay in a designated facility that provides lodging, meals and classroom space for program participants from Friday evening until Sunday afternoon. A trained facilitator conducts the alcohol intervention/education classes and security guards provide 24 hours supervision to maintain a "confined" environment. Analysis: A Request for Proposal (RFP) was developed seeking contractors that could provide security guard services two nights (Friday and Saturday) and one half day on Sundays for a maximum of forty participants. The security guards provide supervision on a continuous basis as well as perform pat searches, sort through the participants' luggage, prohibit uninvited visitors and perform hourly bed checks. The RFP was sent to companies in the Wichita area, was published in The Wichita Eagle and posted on the City's EProcurement site. Three companies responded. A selection committee reviewed and evaluated the proposals and Smart Security and Investigations, Inc. was selected. Although the cost proposed by Smart Security and Investigations, Inc. was slightly higher than the lowest submittal, this company met all requirements of the Request for Proposal. Financial Considerations: The Wichita Intervention Program (WIP) is funded from the General Fund; however, all costs are offset entirely by revenues generated from participant fees. Two hundred fifty dollars ($250.) is collected per participant prior to attendance and offsets the costs of all aspects of the WIP program; the hotel facility, guard service, facilitators, speakers and administration costs. The total 2005 budget for the Wichita Intervention Program is $267,310. Total expenses through October were $132,435; and total collections through October were $166,450. In response to the Request for Proposal (RFP), the proposed guard contractor submitted an hourly rate of $13.00 per guard hour and $14.68 per hour for the guard supervisor. The 2006 Adopted Budget includes $61,630 and is sufficient to provide the security guard services. Legal Considerations: The contract has been approved as to form by the Law Department. Recommendations/Actions: It is recommended the City Council approve the contract with Smart Security and Investigations, Inc. and authorize the necessary signatures. CONTRACT For GUARD SERVICES FOR THE WICHITA INTERVENTION PROGRAM BLANKET PURCHASE ORDER NUMBER _________ THIS CONTRACT entered into this 6th day of November, 2001, by and between the CITY OF WICHITA, KANSAS a municipal corporation, hereinafter called "CITY" and MYERS INVESTIGATIVE & SECURITY SERVICES, INC, (Vendor Code Number - 56705231-001), P.O. Box 493, Valley Center, Kansas, 67147-0493, Telephone Number (316) 640-4584 hereinafter called "VENDOR." WITNESSETH: WHEREAS, the CITY has solicited bids for guard services for the Wichita Intervention Program (Formal Bid - FB200108) [Commodity Code Number 99046); and WHEREAS, VENDOR has submitted the bid most beneficial to the CITY and is ready, willing, and able to provide the commodities and/or services required by the CITY, NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. VENDOR shall provide to the CITY all those commodities and/or services specified in its response to Formal Bid Number - FP200108, which is incorporated herein by this reference the same as if it were fully set forth. The bid package, including all specifications, plans and addenda, provided by the City of Wichita as part of the bid letting process for Formal Bid - FP200108, shall be considered a part of this contract and is incorporated by reference herein. 2. Compensation. CITY agrees to pay to VENDOR for guard services for the Wichita Intervention Program (Formal Bid - FP200108) for nine dollars and sixty cents ($9.60) per man per hour the Municipal Court, Probation Office as per the bid, plans, specifications, addenda and VENDOR's bid of November 2, 2001 and as approved by the City Council on November 16, 2001. 3. Term. The term of this contract shall be from November 6, 2001, through October 31, 2002, with options to renew the contract under the same terms and conditions for two (2) successive one (1) year terms by mutual agreement of the parties. This contract is subject to cancellation by the city, at its discretion at any time within the original contract term or within any successive renewal, upon thirty (30) days written notice to VENDOR. 4. Indemnification and Insurance. a. VENDOR shall save and hold the 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 VENDOR, its officers, agents, servants, or employees, occurring in the performance of its services under this Contract, or arising from any defect in the materials or workmanship or any product provided in the performance of this Contract. b. VENDOR will carry insurance coverage during the term of this contract and any extensions thereof in the amounts and manner provided as follows: 1. Comprehensive General Liability covering premises - operations, xcu (explosion, collapse and underground) hazards when applicable, Product/Completed operations, Broad Form Property Damage, (Environmental) and Contractual Liability with minimum limits as follows: Bodily Injury Liability $500,000 each occurrence $500,000 each aggregate Property Damage Liability $500,000 each occurrence $500,000 each aggregate Or Bodily Injury and Property Damage $500,000 each occurrence Liability (Combined Single Limit) $500,000 each aggregate 2. Automobile Liability - Comprehensive Form including all owned, hired and non-owned vehicles with minimum limits for: Bodily Injury Liability $500,000 each accident Property Damage Liability $500,000 each accident Or Bodily Injury and Property Damage Liability (Combined Single Limit) $500,000 each accident 3. Workers' Compensation/Employers Liability for minimum limits of: Employers Liability $100,000 each accident 5. Independent Contractor. The relationship of the VENDOR to the CITY will be that of an independent contractor. No employee or agent of the VENDOR shall be considered an employee of the CITY. 6. Compliance with Laws. VENDOR shall comply with all laws, statutes and ordinances, which may pertain to the providing of services under this Contract. 7. No Assignment. The services to be provided by the VENDOR under this Contract are personal and cannot be assigned, sublet or transferred without the specific written consent of the CITY. 8. Non-Discrimination. VENDOR shall comply with all applicable requirements of the City of Wichita Revised Non-Discrimination and Equal Employment/Affirmative Action Program Requirements Statement for Contracts or Agreements attached hereto as Exhibit A. 9. Third Party Rights. It is specifically agreed between the parties 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. 10. No Arbitration. The Contractor and the City shall not be obligated to resolve any claim or dispute related to the Contract by arbitration. Any reference to arbitration in bid or proposal documents is deemed void. 11. Governing Law. This contract shall be interpreted according to the laws of the State of Kansas. 12. Representative's Authority to Contract. By signing this contract, the representative of the contractor or vendor represents that he or she is duly authorized by the contractor or vendor to execute this contract, and that the contractor or vendor has agreed to be bound by all its provisions. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. ATTEST: CITY OF WICHITA, KANSAS ______________________________ ________________________________ Pat Burnett Melinda A. Walker City Clerk Purchasing Manager APPROVED AS TO FORM: MYERS INVESTIGATIVE & SECURITY SERVICES, INC. ______________________________ _____________________________ Gary E. Rebenstorf (Signature) Director of Law (Print Name) (Title) Agenda Item No.16g. City of Wichita City Council Meeting December 13, 2005 Agenda Report 05-1091 TO: Mayor and City Council SUBJECT: Cleanup of BNSF Right of Way -Selection of Contractor (District I) INITIATED BY: Environmental Services AGENDA: Consent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Recommendation: Approve the contract and authorize the necessary signatures Background: The Council previously approved a project and allocated funds to remove rank vegetation, volunteer trees, bulky waste, and trash from the former Burlington Northern Santa Fe easement that runs east and north from approximately Cleveland and Murdock streets. (The abandoned right of way was acquired by the City through a rail banking agreement late last year.) Following a survey of the area, staff characterized the necessary work, issued a request for proposals, and conducted a pre-proposal meeting with prospective contractors. Analysis: A selection committee comprised of staff from Environmental Services, Central Inspection, Parks and Recreation, Public Works, and Purchasing reviewed six proposals submitted in response to the City's request. It was determined that available funds would allow cleanup of sections west of Oliver, which represented the area of greatest concern. The Parks and Recreation Department will address sections east of Oliver upon assumption of routine maintenance responsibility for the abandoned right of way. Three finalists were selected based on approach to the project, qualifications to complete the project, previous experience, and proposed costs. Interviews were conducted with finalists, and JBE was selected as the preferred contractor. Financial Considerations: Staff has negotiated a contract with the preferred contractor for $94,500, which is within the previously allocated funding. Legal Considerations: The Law Department has approved the contract as to form. Recommendations/Actions: Approve the contract with JBE in the amount of $94,500, and authorize the necessary signatures. CONTRACT for CLEANUP RAILROAD EASEMENT THIS CONTRACT entered into this 13th day of December, 2005, by and between the CITY OF WICHITA, KANSAS, a municipal corporation, hereinafter called "CITY", and JBE, located at 1010 S West Street, Wichita KS, Telephone Number (316) 945-8024 hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the CITY has solicited proposal for Cleanup Railroad Easement (Formal Proposal - FP500056); and WHEREAS, CONTRACTOR has submitted the proposal most beneficial to the CITY and is ready, willing, and able to provide the commodities and/or services required by the CITY. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. CONTRACTOR shall provide to the CITY all those commodities and/or services specified in its response to Formal Proposal Number - FP500056, which is incorporated herein by this reference the same as if it were fully set forth. The proposal package, including all specifications, plans and addenda, provided by the City of Wichita as part of the proposal letting process for Formal Proposal - FP500056, shall be considered a part of this contract and is incorporated by reference herein. 2. Compensation. CITY agrees to pay to CONTRACTOR an amount not to exceed $94,500.00 for the Cleanup Railroad Easement - Groups 1 thru 5, as per the proposal, plans, specifications, addenda and Contractor's proposal of August 16, 2005 and as approved by the City Council on December 13, 2005. Group # 1. Cleveland to I-135 2. I-135 to Spruce 3. Spruce to Hillside 4. Hillside to 13th St. North 5. 13th St. North to Oliver 3. Term. CONTRACTOR further agrees that the work under this contract shall be completed to the full satisfaction of the City of Wichita on or before March 31, 2006. Said work shall be done under the direct supervision of said Environmental Health project manager's decision as to the material used in said improvement and the method in which the work is to be done shall be final and conclusive upon the parties hereto. This contract is subject to cancellation by the CITY, at its discretion at any time within the original contract term or within any successive renewal, upon thirty (30) days written notice to CONTRACTOR. 4. Indemnification and Insurance. a. CONTRACTOR shall save and hold the 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 CONTRACTOR, its officers, agents, servants, or employees, occurring in the performance of its services under this Contract, or arising from any defect in the materials or workmanship of any product provided in the performance of this Contract. b. CONTRACTOR will carry insurance coverage during the term of this contract and any extensions thereof in the amounts and manner provided as follows: 1. Comprehensive General Liability covering premises-operations, xcu (explosion, collapse and underground) hazards when applicable, Product/Completed operations, Broad Form Property Damage, and Contractual Liability with minimum limits as follows: Bodily Injury Liability $500,000 each occurrence $500,000 each aggregate Property Damage Liability $500,000 each occurrence $500,000 each aggregate Or Bodily Injury and Property Damage $500,000 each occurrence Liability (Combined Single Limit) $500,000 each aggregate 2. Automobile Liability - Comprehensive Form including all owned, hired and non-owned vehicles with minimum limits for: Bodily Injury Liability $500,000 each accident Property Damage Liability $500,000 each accident Or Bodily Injury and Property Damage Liability (Combined Single Limit) $500,000 each accident 3. Workers' Compensation/Employers Liability for minimum limits of: Employers Liability $100,000 each accident The Insurance Certificate must contain the following: A. Statement that the Contractural Liability includes the Liability of the City of Wichita assumed by the Contractor in the contract documents. B. Cancellation - should any of the above polices be canceled before the expiration date thereof the issuing company will mail ten (10) days written notice to certificate holder. 5. Independent Contractor. The relationship of the CONTRACTOR to the CITY will be that of an independent contractor. No employee or agent of the CONTRACTOR shall be considered an employee of the CITY. 6. Compliance with Laws. CONTRACTOR shall comply with all laws, statutes and ordinances which may pertain to the providing of services under this Contract. 7. No Assignment. The services to be provided by the CONTRACTOR under this Contract are personal and cannot be assigned, sublet or transferred without the specific written consent of the CITY. 8. Non-Discrimination. CONTRACTOR shall comply with all applicable requirements of the City of Wichita Revised Non-Discrimination and Equal Employment /Affirmative Action Program Requirements Statement for Contracts or Agreements attached hereto as Exhibit A. 9. Third Party Rights. It is specifically agreed between the parties 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. 10. No Arbitration. The Contractor and the City shall not be obligated to resolve any claim or dispute related to the Contract by arbitration. Any reference to arbitration in bid or proposal documents is deemed void. 11. Governing Law. This contract shall be interpreted according to the laws of the State of Kansas. 12. Representative's Authority to Contract. By signing this contract, the representative of the contractor or CONTRACTOR represents the he or she is duly authorized by the contractor or CONTRACTOR to execute this contract, and that the contractor or CONTRACTOR has agreed to be bound by all its provisions. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. ATTEST: CITY OF WICHITA, KANSAS ______________________________ _______________________________ Patsy Ellis Carlos Mayans Deputy City Clerk Mayor APPROVED AS TO FORM: JBE ______________________________ ________________________________ Gary E. Rebenstorf Brad Dody Director of Law Owner 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, Contractor 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, Contractor 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 Contractor. C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination ?? Equal Employment Opportunity/Affirmative Action Program Requirements: 1. The Contractor, 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 contractor, 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 Contractor, supplier, contractor or subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, 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 Contractor, supplier, contractor or subcontractor shall include the phrase, "Equal Opportunity Employer", or a similar phrase; 3. The Contractor, 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 Contractor, 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 Contractor, 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 Contractor, 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, subcontractor 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, Contractors 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 Contractors, 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, Contractor 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 16h. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1092 TO: Mayor and City Council Members SUBJECT: Production Monochrome Printers INITIATED BY: IT/IS Department AGENDA: Consent Recommendation: Approve Lease Agreement Background: The City of Wichita Print Shop provides a production printing service for all City departments. This service includes printing water bills, payroll deposit advises, as well as numerous other functions. The lease for the current production monochrome printers has expired and a new solution is necessary. Analysis: A competitive Request for Proposal (FP500336) for production monochrome printers was issued and 4 responses were received. A selection committee reviewed and evaluated the proposals based on the criteria set forth in the Request for Proposal. Two vendors were able to fully meet the requirements of the RFP and provide the level of quality needed for Print Shop production. Interviews and product demonstrations were conducted with the two finalists before a decision was reached. The Xerox Corporation offered the highest quality product at a competitive price. The lease agreement includes on-site maintenance for the term of the lease. The agreement also includes all supplies except for paper and staples. Financial Considerations: The printer lease is within the departmental operating budget and the annual total is not expected to exceed $80,000, which reflects savings of approximately $16,000 annually over the previous contract. Legal Considerations: The Law Department is currently reviewing and will approve the contracts as to form. The duration of the lease agreement is five years. Recommendation/Action: It is recommended that the City Council approve the lease agreement and authorize the necessary signatures. Agenda Item No. 16i. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1093 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Pawnee, 119th Street West to Maize Road (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The 2004 Capital Improvement Program includes funding for improvements to Pawnee from 119th Street West to Maize Road. The Staff Screening & Selection Committee selected Poe & Associates of Kansas, Inc. the design on April 2, 2004. On May 2, 2004, the City entered into an Agreement with Poe & Associates for designing the improvements for a fee of $181,600. Analysis: The original drainage concept for the paving of Pawnee was to drain to the pavement to an existing drainage system in Maize Road. During the concept stage of design, it was determined that the existing drainage system was of limited capacity and that this concept was not possible. A new drainage concept is required. The study will determine pipe sizing, locations of needed drainage structures, relocation of conflicting underground facilities, preparation of plans for any necessary facility relocations, and preparation of the project plans for the drainage system and paving project. The proposed Supplemental Agreement provides for the additional design services. Financial Considerations: Payment to Poe will be on a lump sum basis of $59,800, and will be paid by General Obligation Bonds and Water Utility. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MAY 4, 2004 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND POE & ASSOCIATES OF KANSAS, INC. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated May 4, 2004) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements for PAWNEE, 119TH TO MAIZE ROAD. 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: * Pawnee drainage extended east of Maize Road along Pawnee about 1/2 mile to the Cowskin Creek. · Relocate water main from City Park entrance to the Cowskin Creek. · Include left turn lanes on the north and south approaches of 119th Street. B. PAYMENT PROVISIONS The fee in Section IV. A. shall be amended to include the following: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee amount specified below: 472 84005 $46,600.00 448 89972 $13,200.00 TOTAL $59,800.00 C. COMPLETION The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY by June 2006; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions of inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. D. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005. BY ACTION OF THE CITY COUNCIL __________________________________ Carlos Mayans, Mayor ATTEST:________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ________________________________ Gary Rebenstorf, Director of Law POE & ASSOCIATES OF KANSAS, INC. __________________________________ (Name and Title) ATTEST: Agenda Item No. 16J. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1094 TO: Mayor and City Council SUBJECT: Municipal Court Interactive Voice Response (IVR) System INITIATED BY: Municipal Court AGENDA: Consent _________________________________________________________________________ Recommendation: Approve the contract. Background: On May 18, 2004, Agenda Report No. 04-0519 (attached) was presented to and approved by the City Council to select Frank Solutions Company (now entitled First Data Government Solutions, Inc.) for the Municipal Court's Interactive Voice Response (IVR) System. Interactive Voice Response systems are a technology that allows callers to interact with information systems via the telephone. Many organizations and citizens utilize IVR systems on a daily basis to perform functions vital to their business. IVR systems are available 7 days a week, 24 hours a day improving customer service capabilities of the organization. A Court IVR system will enable citizens to determine the amount of traffic and parking fines due and to pay the fine over the telephone, and, with the implementation of the IVR system, payments by telephone will be simultaneously recorded in the public safety system without the intervention of a customer service clerk. Additionally, the system will enable citizens to gain general information about the Court, allow attorneys to enter their appearance on a court case and to schedule a court hearing. The system will also be used to call citizens to remind them of probation reporting and court dates and of outstanding warrants. Implementation of the Interactive Voice Response System has been delayed due to implementation of upgrades to the public safety system and contractual negotiations Analysis: On April 2, 2004, the IT/IS Advisory Board considered and approved the Municipal Court project and recommended its approval by the City Council. With an IVR system the Court will increase information availability from 8 - 5 Monday through Friday to 24 hours a day, 7 days a week, significantly reduce a high call abandonment rate, and improve customer service capabilities of the Court. Financial Considerations: In 2004, the total expenditure for these services was presented and approved by Council with a "not to exceed $256,000" clause. However, due to the complexity of writing a program by the Public Safety System vendor to interact with the IVR system, the cost has increased to provide these services but will not exceed $270,000; one hundred seventeen thousand twenty-five dollars ($117,025) to contract with First Data Government Solutions, Inc., and the remaining funds to be paid to Northrop Grumman Company to write a program that will interact with the Interactive Voice Response System. The purchase of the IVR project will be made according to the Purchasing Ordinance 38-122(g), relating to high technology items. The sources of these funds are the Municipal Court Project account, and the ongoing estimated annual maintenance expenses of $23,000 are in the Municipal Court budget. Legal Considerations: The Law Department will review and approve the contracts as to form. Recommendations/Actions: It is recommended the City Council approve the revised expenditure costs, approve the necessary fund transfers, and authorize the necessary signatures. Agenda Item No. 16k. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1095 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Water Line along Hoover, north of Zoo Boulevard (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: On May 21, 2002 the City Council approved the water line along Hoover, north of Zoo Boulevard and authorized the Staff Screening & Selection Committee to select a design engineer. The Staff Screening & Selection Committee selected TranSystems Corporation for the design on June 10, 2002. On June 28, 2002, the City entered into an Agreement with TranSystems for designing the improvements for a fee of $9,800. Analysis: The plans were nearing completion when the Wichita Water Department requested a revision to the line size along Hoover north from 21st Street. The request resulted in the need to redesign the portion of the project in Hoover Road, and at the connection point of the Hoover line to the proposed 36" water line in 21st Street. The change from a proposed 8" line in Hoover to a 20" line in Hoover also required a revision of the alignment of the proposed water line in Hoover. As a result of this change, TranSystems requested additional design fee to cover their costs for such redesign. The proposed Supplemental Agreement provides for the additional design services. Financial Considerations: Payment to TranSystems will be on a lump sum basis of $6,100, and will be paid by special assessments and Water Utility. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED JUNE 28, 2002 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND TRANSYSTEMS CORPORATION PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated June 28, 2002) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to WATER DISTRIBUTION SYSTEM NO. 448 89674 (Hoover, north of Zoo Boulevard). 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: WATER DISTRIBUTION SYSTEM NO. 448 89674 (redesign water line from an 8" to a 20" and new alignment) (Project No. 448 89674, OCA No. 735067) B. PAYMENT PROVISIONS The fee in Section IV. A. shall be amended to include the following: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 448 89674 $6,100.00 C. COMPLETION The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY by _____________________; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions of inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. D. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005. BY ACTION OF THE CITY COUNCIL ________________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law TRANSYSTEMS CORPORATION __________________________________ (Name and Title) ATTEST: Agenda Item # 16L. CITY OF WICHITA City Council Meeting December 13, 2005 Agenda Report No. 05-1153 TO: Mayor and City Council Members SUBJECT: Day Reporting Site - Lease Guaranty Assignment INITIATED BY: City Manager's Office AGENDA: Consent _____________________________________________________________________ Recommendation: Approve the assignment of Guaranty Agreement. Background: On January 8, 2002, the City Council approved a Lease Guaranty Agreement and Construction Funding Agreement. The documents were signed on May 31, 2002, by which the City guaranteed a 10-year lease by Webb Road Development, Inc., to Community Solutions, Inc. (CSI) for a Day Reporting facility at 703 E. 21st Street. This location had previously been approved by the Council as the preferred location for a Day Reporting Center in Wichita. BI Inc. has now been awarded the Department of Corrections contract to provide day reporting services in Wichita and desires to use the same facility, which was designed and constructed as a day reporting center. Webb Road Development Inc. and CSI desire to assign the lease of the facility to BI Inc. They request that the City continue to guarantee the lease under the same terms as previously approved. Analysis: Under the proposed assignment, BI assumes all of the rights and obligations of CSI for the lease of the day reporting facility at 703 E. 21st Street. The City agrees to continue to guarantee the lease with the new tenant during the remainder of the term. There is no change to the City's rights and obligations under the guaranty agreement. Financial Considerations: None Legal Considerations: The Assignment has been reviewed and approved as to form by the Law Department. Recommendations/Actions: Approve the Assignment of Lease Guaranty Agreement and authorize the appropriate signatures. Agenda Item No.17a. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1096 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Area Lighting for Five (5) City Parks (Districts I, V&VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The 2005 Capital Improvement Program includes funding for area lighting in the City Parks. Analysis: The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides for the design of area lighting in five City Parks (McAdams, Orchard, Linwood, Park Villa and Sycamore). The Staff Screening & Selection Committee selected MKEC for the design on October 5, 2005. Financial Considerations: Payment to MKEC will be on a lump sum basis of $11,500, and will be paid by General Obligation Bonds. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and MKEC ENGINEERING CONSULTANTS, INC. for AREA LIGHTING FOR (5) FIVE CITY PARKS THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; AREA LIGHTING FOR (5) FIVE CITY PARKS (472 84294) NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing area l ighting for (5) five City Parks and perform the PROJECT tasks outlined in Exhibit A. II IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $5,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum payment plus partials made on the basis of the lump sum fee amount of $11,500.00. Accumulated partial payments for the PROJECT shall be based on milestones in Exhibit A and shall not exceed eighty-five percent (85%) of the total fees for services prior to satisfactory completion of all work required by this agreement B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ________________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ____________________________________________ Gary Rebenstorf, Director of Law MKEC ENGINEERING CONSULTANT, INC. _______________________________________ (Name & Title) ATTEST: ____________________________________________ EXHIBIT "A" SCOPE OF SERVICES AREA LIGHTING FOR FIVE (5) CITY PARKS (472 84294) The ENGINEER shall provide professional services to provide a set of project plan drawings for the area lighting of five City Parks. The project includes the following parks: McAdams Park - change out remainder of existing (old) lights between tennis area, Antoine Carr basketball, the recreation center and the playground. Match with existing new lights as required for adequate and safe lighting levels. Orchard Park Playground - provide ample lighting for new playground on west side of recreation center. Linwood Recreation Center - removes and replaces existing lighting along pathway connecting recreation center and swimming pool areas. Provide new parking lot lighting at tennis/ basketball/pool area. Park Villa - install 4-5 new period lights for new Park Villa improvements. Provide entry lights from parking area, additional lighting at lily pond, and additional lighting to restrooms. Sycamore Park - remove and replace existing lighting with new light standards at park entrance, parking lot, playground and basketball court. The services shall include but not be limited to site surveys, preparation of plan drawings, bidding documents, specifications, estimates, as-built drawings, preparation of a cd, presentations at public meetings, and any necessary site visits during construction of the project. Services shall also include review of all shop drawings submitted for the project, note any revisions necessary for the shop drawings, and review of all revised shop drawings, until the shop drawings conform to the project specifications. 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. The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. Completion of all work required by this agreement (including submittal of final approved plan tracings, field notes, and related PROJECT documents) within 60 days. Agenda Item No. 17b. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1097 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Fox Ridge Addition (north of 29th Street North, west of Tyler) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water distribution system and paving improvements in Fox Ridge Addition on October 4, 2005. Analysis: The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides for the design of bond financed improvements consisting of water and paving in Fox Ridge Addition. Per Administrative Regulation 7a, staff recommends that MKEC 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 MKEC will be on a lump sum basis of 64,530 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 MKEC ENGINEERING CONSULTANTS, INC. for FOX RIDGE ADDITION THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; WATER DISTRIBUTION SYSTEM NO. 448 90023 serving Lots 46 through 124, Block 1; Lots 1 through 12, Block 2; Lots 14 through 41, Block 4, Fox Ridge Addition (north of 29th Street North, west of Tyler) (Project No. 448 90023). WILD THICKET from the north line of Westlakes Parkway to the east line of Lot 119, Block 1; WILD THICKET COURTS serving Lots 105 through 119, Block 1 (north of 29th Street, west of Tyler) (Project No. 472 84214). WESTLAKES PARKWAY from the west line of Lot 101, Block 1, to the west line of Lot 146, Block 1 with construction of a sidewalk on the north side (north of 29th Street North, west of Tyler) (Project No. 472 84277). 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 Fox Ridge Addition and 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). I. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $5,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. II. 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 90023 $ 6,500.00 (design) Project No. 448 90023 $ 7,800.00 (staking & construction engineering) Project No. 472 84214 $ 14,070.00 (design) Project No. 472 84214 $ 16,900.00 (staking & construction engineering) Project No. 472 84277 $ 8,760.00 (design) Project No. 472 84277 $ 10,500.00 (staking & construction engineering) TOTAL $ 64,530.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL _________________________________________ Carlos Mayans, Mayor SEAL: ATTEST: __________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ____________________________________________ Gary Rebenstorf, Director of Law MKEC ENGINEERING CONSULTANT, ___________________________________________ (Name & Title) ATTEST: ___________________________________________ EXHIBIT "A" SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Project Milestones. The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. a. Plan Development for the water improvements by 120 days from notice to proceed. (Project No. 448 90023). b. Plan Development for the paving improvements by 120 days from notice to proceed. (Project No. 472 84214). c. Plan Development for the paving improvements by 120 days from notice to proceed. (Project No. 472 84277). Agenda Item No. 17c. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1098 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for North Ridge Village Addition (north of 37th Street North, west of Ridge) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the storm water drainage improvements in North Ridge Village Addition on March 22, 2005. Analysis: The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides for the design of bond financed improvements consisting of storm water drainage in North Ridge Village Addition. Per Administrative Regulation 7a, staff recommends that MKEC 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 MKEC will be on a lump sum basis of 18,600 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 MKEC ENGINEERING CONSULTANTS, INC. for NORTH RIDGE VILLAGE ADDITION THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; STORM WATER DRAIN NO. 255 serving Lots 1 through 4, Block 1, North Ridge Village Addition (north of 37th Street North, west of Ridge) (Project No. 468 83979). 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 North Ridge Village Addition and perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $5,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 468 83979 $18,600.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefore. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ___________________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law MKEC ENGINEERING CONSULTANT, INC. __________________________________________ (Name & Title) ATTEST: ____________________________________________ EXHIBIT "A" SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 5. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 6. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 7. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 8. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 9. Project Milestones. The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. a. Plan Development for the storm water improvements by 120 days after notice to proceed. (Project No. 468 83979). Agenda Item No. 17d. City of Wichita City Council Meeting December 13, 2005 Agenda Report No. 05-1099 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for the Boys & Girls Club Infrastructure Improvements (north of 21st, west of Grove) (District I) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the Boys and Girls Club infrastructure improvements (water distribution system, sanitary sewer and paving) on October 18, 2005. Analysis: The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of improvements consisting of water, sanitary sewer and paving in 21st Street Kids & Family Empowerment Addition. Per Administrative Regulation 7a, staff recommends that PEC 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 PEC will be on a lump sum basis of $54,000 and will be paid by General Obligations Bonds. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and PROFESSIONAL ENGINEERING CONSULTANTS, P.A. for 21st STREET KIDS & FAMILY EMPOWERMENT THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and PROFESSIONAL ENGINEERING CONSULTANTS, P.A., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; WATER DISTRIBUTION SYSTEM NO. 448 90143 serving 21st Street Kids & Family Empowerment Addition (north of 21st, west of Grove) (Project No. 448 90143). SANITARY SEWER SYSTEM serving 21st Street Kids & Family Empowerment Addition (north of 21st, west of Grove) (Project No. 468 84115). PAVING AND INCIDENTAL DRAINAGE IMPROVEMENTS serving 21st Street Kids & Family Empowerment Addition (north of 21st, west of Grove) (Project No. 472 84282). 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 21st Street Kids & Family Empowerment 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 fur