agenda city council tuesday, september 01, 2020 9:00 am … agenda... · today · city council...

AGENDACITY COUNCIL

Tuesday, September 01, 20209:00 AM

The regular meeting of the City Council will be held on September 01, 2020 at 9:00 AM in the CityCouncil Chambers

455 N. Main Street, Wichita, KS 67202.

OPENING OF REGULAR MEETING

Call to Order

Invocation and Pledge of Allegiance

Approve the minutes of regular meeting on August 25, 2020

Proclamation:

Government Support Day

I. PUBLIC AGENDANOTICE: No action will be taken relative to items on this agenda other than referral forinformation. Requests to appear will be placed on a “first-come, first-served” basis. Thisportion of the meeting is limited to thirty minutes and shall be subject to a limitation of fiveminutes for each presentation with no extension of time permitted. No speaker shall beallowed to appear more frequently than once every fourth meeting. Members of the publicdesiring to present matters to the Council on the public agenda must submit a request inwriting to the office of the city clerk prior to twelve noon on the Tuesday preceding the councilmeeting. Matter pertaining to personnel, litigation and violations of laws and ordinances areexcluded from the agenda.Rules of decorum as provided in this code will be observed.

1. Scot Pierce - Health Mandates Public Application.

2. Emily Coello - Mask Mandate.

3. Carlos Coello - Mask Mandate.

4. Anh Tran - Sex Trafficking in Wichita.

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City Council September 01, 2020

5. Tonya Hudson - Mask Mandate.

II. CONSENT AGENDA ITEMS 1 THROUGH 15NOTICE: Items listed under the “Consent Agendas” will be enacted by one motion with noseparate discussion. If discussion on an item is desired, the item will be removed from the“Consent Agendas” and considered separately (The Council will be considering the CityCouncil Consent Agenda as well as the Planning, Housing, and Airport Consent Agendas.Please see “ATTACHMENT 1 – CONSENT AGENDA ITEMS” for a listing of all ConsentAgenda Items.

COUNCIL BUSINESS

III. BOARD OF BIDS AND CONTRACTS

1. Report of Board of Bids and Contracts dated August 31, 2020.

RECOMMENDED ACTION: Receive and file report, approve the contracts andauthorize the necessary signatures.

IV. UNFINISHED COUNCIL BUSINESS - NONE

V. NEW COUNCIL BUSINESS

1. 2021 Sewer Mains for Future Development.

RECOMMENDED ACTION: Approve the budget, adopt the resolution and authorizethe necessary signatures.Agenda Report No. V-1.docResolution 20-256NOI 20-256

2. Contracts for Structured Voice and Data Cabling Services.

RECOMMENDED ACTION: Approve the contracts, authorize the budget andauthorize the necessary signatures. Agenda Report No. V-2.doc20200242 Vision Communications Contract.pdf20200241 On-Call Structured Voice & Data Cabling Services.pdf

3. Quarterly Financial Report for the Quarter Ended June 30, 2020.

RECOMMENDED ACTION: Receive and file the Quarterly Financial Report for thequarter ended June 30, 2020.

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/677212/Agenda_Report_No._V-1.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676249/09-01-2020_Resolution_No._20-256_2021_Sewer_Mains_for_Future_Development.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676251/09-01-2020_Resolution_No._20-256__NOI__2021_Sewer_Mains_for_Future_Development.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/672542/20200242_Vision_Communications_Contract.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/672543/20200241_On-Call_Structured_Voice___Data_Cabling_Services.pdf


Agenda Report No. V-3.doc

COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES

PLANNING AGENDA NOTICE: Public hearing on planning items is conducted by the MAPC under provisions ofState law. Adopted policy is that additional hearing on zoning applications will not beconducted by the City Council unless a statement alleging (1) unfair hearing before theMAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. onthe Wednesday preceding this meeting. The Council will determine from the writtenstatement whether to return the matter to the MAPC for rehearing.

VI. NON-CONSENT PLANNING AGENDA - NONE

HOUSING AGENDANOTICE: The City Council is meeting as the governing body of the Housing Authority forconsideration and action on the items on this Agenda, pursuant to State law, HUD, and Cityordinance. The meeting of the Authority is deemed called to order at the start of this Agendaand adjourned at the conclusion. A Housing Member is also seated with the City Council.

VII. NON-CONSENT HOUSING AGENDA - NONE

AIRPORT AGENDANOTICE: The City Council is meeting as the governing body of the Airport Authority forconsideration and action on items on this Agenda, pursuant to State law and City ordinance.The meeting of the Authority is deemed called to order at the start of this Agenda andadjourned at the conclusion.

VIII. NON-CONSENT AIRPORT AGENDA - NONE

COUNCIL AGENDA

IX. COUNCIL MEMBER AGENDA - NONE

X. COUNCIL MEMBER COMMENTS AND APPOINTMENTS

1. Board Appointments.

RECOMMENDED ACTION: Approve the appointments.

Adjournment

ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 15

II. CITY COUNCIL CONSENT AGENDA ITEMS

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1. Applications for Licenses for Cereal Malt Beverages:

a. Applications for Licenses to Retail Cereal Malt Beverages:

RECOMMENDED ACTION: Approve licenses subject to staff review and approval. CMBs for September 1, 2020.docx

2. Preliminary Estimates:

a. List of Preliminary Estimates.

RECOMMENDED ACTION: Receive and file. PEs for CC 9-01-2020.pdf

b. Preliminary Estimates for Water Improvements to serve Firefly Way Addition.

RECOMMENDED ACTION: Receive and file.NTBA PEs Firefly Way.pdf

3. Petitions for Public Improvements:

a. Petitions for Improvements to Serve Clear Creek 4th Addition. (District II)

RECOMMENDED ACTION: Approve the petitions and budgets, adopt theresolutions, and authorize the necessary signatures.Agenda Report No. II-3a.docSupporting DocumentsResolution 20-257 (012797)Resolution 20-258 (013231)Resolution 20-259 (085612)

4. Agreements/Contracts:

a. Agreement with the Kansas Department of Transportation (KDOT) for I-235 and WestStreet Interchange Signalization/I-235 and Seneca Street Signal Modifications.(District IV)

RECOMMENDED ACTION: Approve the agreement and authorize the necessarysignatures.Agenda Report No. II-4a.docxKDOT Amended Agreement.pdf

b. Contract Amendment for North Industrial Corridor (NIC) Groundwater ContaminationSite Project. (Districts I, III, and VI)

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/675249/CMBS_FOR_SEPT_1.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/674937/PEsforCC_09-01-20.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/670577/NTBA_Firefly_Way.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/677215/Agenda_Report_No._II-3a.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/671821/Clear_Creek_4th_Addn.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676279/09-01-2020_Resolution_No._20-257_Sanitary_Sewer_-_Clear_Creek_4th_Addition.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676280/09-01-2020_Resolution_No._20-258_Water_-_Clear_Creek_4th_Addition.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676281/09-01-2020_Resolution_No._20-259_Paving_-_Clear_Creek_4th_Addition.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/670542/KDOT_amended_agreement.pdf


RECOMMENDED ACTION: Approve the contract with SCS Engineers and anynecessary budget adjustments, and authorize the necessary signatures.Agenda Report No. II-4b.docxNIC Amendment.pdf

c. Friendship and Sherwood Glen Playgrounds Vendor Selection. (Districts III and VI)

RECOMMENDED ACTION: Approve the selection of PlayPower LT Farmington, Inc.for Friendship and Sherwood Glen park playgrounds, approve the contract andauthorize the necessary signatures.Agenda Report No. II-4c.docxContract.pdf

5. Minutes of Advisory Boards/Commissions:

Wichita Transit Advisory Board, July 15, 2020

RECOMMENDED ACTION: Receive and file.

6. Repair or Removal of Dangerous and Unsafe Structures:

a. Repair or Removal of Dangerous and Unsafe Structures. (District I, III, IV and VI)

RECOMMENDED ACTION: Adopt the attached resolutions to schedule publichearings before the City Council on October 20, 2020 at 9:30 a.m. or soon thereafter,to consider condemnation of structures deemed dangerous and unsafe per KansasState Statutes and local ordinances.Agenda Report No. II-6a.docxSupporting Documents.docxResolutions 20-260 to 20-266

Uncategorized Items:

7. Sidewalk Repair Assessment Program.

RECOMMENDED ACTION: Approve the proposed assessments and place theordinance on first reading.Agenda Report No. II-7.docProperty List.docxOrdinance 51-339

8. Public Exigency for Immediate Repairs of Lift Station 40.

RECOMMENDED ACTION: Affirm and ratify the City Manager’s public exigency

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/677218/Agenda_Report_No._II-4b.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/670553/NIC_amendment.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/677225/Agenda_Report_No._II-4c.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/670564/contract.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/669087/09-01-20_Consent_Supporting_Documents.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676368/09-01-20_Consent_Resolutions__2_.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/677229/Agenda_Report_No._II-7.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/675266/Property_List.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676196/09-08-2020_51-339_Special_Assessments_-_Sidewalks.pdf


approval of the Immediate Repairs of Lift Station 40and authorize the necessarysignatures.

Agenda Report No. II-8.docMemo.pdfSupporting Documents.pdf

9. Contract for Lead-Based Paint Testing and Lead Risk Assessment Reports.

RECOMMENDED ACTION: Approve the contract with Paradigm Group, LLC forLead-Based Paint Testing/Lead Risk Assessment, and authorize the necessarysignatures.Agenda Report No. II-9.DOCContract.pdf

10. Uninterruptible Power Supply Replacement.

RECOMMENDED ACTION: Approve the project budget, approve the contract andauthorize the necessary signatures.Agenda Report No. II-10.docxIT Purchase Order Terms Conditions

11. Fidelity Bank Authorization Resolution.

RECOMMENDED ACTION: Adopt the resolution updating the list of individualsauthorized to execute transactions with Fidelity Bank and authorize the necessarysignatures. Agenda Report No. II-11.docResolution 20-267

12. Update of Intrust Bank Resolution.

RECOMMENDED ACTION: Approve the resolution appointing Mark L. Manningauthority to execute banking documents on behalf of the City of Wichita. Agenda Report No. II-12.docResolution No. 20-268

13. Municipal Investment Pool Resolution Updating Authorizations.

RECOMMENDED ACTION: Adopt the resolution updating the list of individualsauthorized to execute investment transactions within the Municipal Investment Pooland authorize the necessary signatures.Agenda Report No. II-13.docResolution 20-269

14. Treasury Services Agreement.

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/670574/memo.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/670575/UCI_-_COW_LS-40__Proposal_Rev0.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/670845/Contract_-_Lead_Based_Paint_Testing_-_Lead_Risk_Assessment.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/672757/IT_PURCHASE_ORDER_TERMS__CONDITIONS-Final-8-14-20.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676387/09-01-2020_Resolution_No._20-267_Fidelity_Bank_Signature_Update.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676391/09-01-2020_Resolution_No._20-268_Intrust_Bank_Authorization_Update.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676393/09-01-2020_Resolution_No._20-269_Municipal_Investment_Pool_Authorization_Update.pdf


RECOMMENDED ACTION: Adopt the resolution updating the Treasury ServicesAgreement with Bank of America and authorize the necessary signatures.Agenda Report No. II-14.docResolution 20-270

II. CONSENT PLANNING AGENDA ITEMSNOTICE: Public hearing on planning items is conducted by the MAPC under provisions ofState law. Adopted policy is that additional hearing on zoning applications will not beconducted by the City Council unless a statement alleging (1) unfair hearing before theMAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. onthe Wednesday preceding this meeting. The Council will determine from the writtenstatement whether to return the matter to the MAPC for rehearing.

15. ZON2020-00022: City Zone Change from SF 5 Single Family Residential to TF 3Two Family Residential Zoning District, Generally Located One-Third Mile North ofWest 31st Street South on the West Side of South Maize Road. (District IV)

RECOMMENDED ACTION: Adopt the findings of the MAPC and approve therequested zone change, place the ordinance on first reading, authorize the necessarysignatures, and instruct the City Clerk to publish the ordinance after approval onsecond reading (requires four of seven votes).

Agenda Report No. II-15.docZON2020-22 Excerpt Minutes July 9 2020.docxDAB Report for MAPD on ZON2020-00022.pdfOrdinance 51-340

II. CONSENT HOUSING AGENDA ITEMS - NONENOTICE: The City Council is meeting as the governing body of the Housing Authority forconsideration and action on the items on this Agenda, pursuant to State law, HUD, and Cityordinance. The meeting of the Authority is deemed called to order at the start of this Agendaand adjourned at the conclusion. A Housing Member is also seated with the City Council.

II. CONSENT AIRPORT AGENDA ITEMS - NONENOTICE: The City Council is meeting as the governing body of the Airport Authority forconsideration and action on items on this Agenda, pursuant to State law and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda andadjourned at the conclusion.

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676401/09-01-2020_Resolution_No._20-270_Bank_of_America_Authorization_Update.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/668110/ZON2020-22_Excerpt_Minutes_July_9_2020.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/668111/DAB_report_for_MAPD_on_ZON2020-00022.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/676202/09-08-2020_51-340_ZON2020-00022.pdf

Agenda Item No. V-1

City of WichitaCity Council Meeting

September 1, 2020

TO: Mayor and City Council

SUBJECT: 2021 Sewer Mains for Future Development (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: New Business

Recommendation: Approve the budget for future sewer mains and adopt the resolution.

Background: The Adopted 2021-2030 Capital Improvement Program (CIP) includes funding for projects to construct new sewer main extensions to provide service to currently unserved areas.

Analysis: The projects will primarily serve new development with sewer availability as needed.Proposed projects are requested by developers and evaluated by staff to make sure the project is in the best interest of the Utility and the City of Wichita. This account will be run on a first come, first serve basis.

Financial Considerations: The Adopted 2021-2030 CIP includes $1,762,500 for the extension of sewer mains in 2021. The collection of main benefit fees in the amount of $0.062 (sewer) per square foot will reimburse the Utility 50% of the main cost as smaller mains are extended. Staff is requesting $700,000 at this time to bid the lift station at K-96 and Ridge Road. The sanitary sewer that serves the new Village Charters facility is temporary only and being pumped until the new lift station at K-96 and Ridge Road is complete.

The funding for 2020 and prior years has been expended. The Sewer Utility can support initiation of the recommended 2021 funds at this time. The project will be funded from the future revenue bonds or Sewer Utility cash reserves. If revenue bonds are issued, an additional 8% will be added for financing and administrative costs.

Legal Considerations: The Law Department has reviewed and approved the resolution as to form.

Recommendation/Actions: It is recommended that the City Council approve the budget, adopt the resolution and authorize the necessary signatures.

Attachments: Resolution and notice of intent.

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RESOLUTION NO. 20-256

A RESOLUTION DECLARING IT NECESSARY TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, IMPROVE, EXTEND AND ENLARGE THE WATER AND SEWER UTILITY OWNED AND OPERATED BY THE CITY OF WICHITA, KANSAS, TO ISSUE REVENUE BONDS FOR THE PURPOSE OF PAYING CERTAIN COSTS THEREOF, AND PROVIDING FOR THE GIVING OF NOTICE OF SUCH INTENTION IN THE MANNER REQUIRED BY LAW.

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council of the City (the “Governing Body”), has heretofore by Ordinance No. 39-888, passed May 26, 1987 and published in the official newspaper of the City on May 29, 1987, as required by law, authorized the combining of the City-owned and operated municipal water utility and municipal sewer utility thereby creating the City of Wichita, Kansas Water and Sewer Utility (the "Utility”); and

WHEREAS, the City is authorized under the Constitution and laws of the State of Kansas, including K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (collectively, the “Act”), to issue revenue bonds to construct, reconstruct, alter, repair, improve, extend and enlarge the Utility;

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to construct, reconstruct, alter, improve, extend and enlarge the Utility in the following manner:

2021 Sewer Mains for Future Development

(the “Project”) and to provide for the payment of all or a portion of the costs thereof by the issuance of revenue bonds of the City pursuant to the Act; said bonds to be payable from the revenues of the Utility.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired, constructed and/or installed in accordance with plans and specifications therefore prepared under the direction of the City Engineer or designate and approved by the Governing Body; said plans and specifications to be placed on file in the offices of the Utility. The estimated cost of the Project, including related design and engineering expenses is $700,000. The Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City.

Section 2. Project Financing. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City under the authority of the Act, in an aggregate principal amount not to exceed $756,000 in order to pay all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs (the “Bonds”). The Bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds, if any, shall be paid from unencumbered moneys of the Utility which will be available for that purpose. The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation 1.150-2.

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Section 3. Notice. Before issuing the Bonds, there shall be published one (1) time in the official newspaper of the City, a notice of the intention of the Governing Body to undertake the Project and to issue the Bonds (the “Notice”); and if within fifteen (15) days after the publication of such Notice, there shall be filed with the City Clerk, a written protest against the Project or the issuance of the Bonds, signed by not less than twenty per cent (20%) of the qualified electors of the City, the Governing Body shall thereupon submit such proposed Project and the Bonds to the electors of the City at a special election to be called for that purpose as provided by the Act. If no sufficient protest is filed with the City Clerk within the period of time hereinbefore stated, then the Governing Body shall have the authority to proceed with the Project and issuance of the Bonds.

Section 4. Effective Date. This Resolution shall be in full force and effect from and after itsadoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, by not less than two-thirds of the members voting in favor thereof, on September 1, 2020.

(SEAL)Brandon J. Whipple, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

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53092082(Published in The Wichita Eagle, on September 4, 2020.)

NOTICE

TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

You are hereby notified that the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”), by Resolution No. 20-256, duly adopted September 1, 2020, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, which is owned and operated by the City (the “Utility”), in the following manner:

2021 Sewer Mains for Future Development

(the “Project”) at an estimated cost, including related design and engineering expenses of $700,000.

In order to finance all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds an aggregate principal amount not to exceed $756,000 under the authority of K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (the “Bonds”). The Bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose.

This Notice shall be published one time in the official newspaper of the City; and if, within fifteen (15) days from and after the publication date hereof, there shall be filed in the Office of the City Clerk a written protest against the Project and the issuance of the Bonds, which protest is signed by not less than twenty percent (20%) of the qualified electors of the City, then the question of the Project and the issuance of the Bonds shall be submitted to the electors of the City at a special election which shall be called for that purpose as provided by law. If no sufficient protest to the Project and the issuance of the Bonds is filed within said period, then the Governing Body shall have the authority to proceed with the Project and issuance of the Bonds.

BY ORDER of the Governing Body of the City of Wichita, Kansas, on September 1, 2020.

/s/ BRANDON J. WHIPPLE, Mayor

ATTEST:/s/ Karen Sublett, City Clerk

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Agenda Item No. V-2


September 1, 2020


SUBJECT: Contracts for Structured Voice and Data Cabling Services

INITIATED BY: Information Technology

AGENDA: New Business____________________________________________________________________________________

Recommendation: Approve the contracts and authorize the necessary signatures.

Background: The City utilizes structured voice and data cabling installation and repair services on an as-needed basis. New cabling standards for computer equipment are forcing cabling replacement when moves and/or remodels take place. Having an existing contract for these services is imperative in being able to get the data cabling in place quickly and handle the volume of requests received each year.

Analysis: A Request for Proposal (RFP) for structured voice and data cabling services was distributed and threeresponses were received. A Staff Screening and Selection Committee, consisting of staff from the Information Technology, Finance and Law Departments, reviewed and evaluated the proposals based on the RFP. Decker Electric and Vision Communications were the recommended providers based on their firm strength, status as Belden certified installers and their fees and expense proposals. Both providers have worked previously with the City and are local companies.

Decker Electric and Vision Communication’s proposals for structured voice and data cabling services were competitively priced. As certified Belden installers, both vendors can ensure structured voice and data cabling installations are warranted by the manufacturer.

Financial Considerations: Structured voice and data cabling services are done on an as-needed basis and are funded from departmental operating budgets and/or capital improvement projects. The projected costs based on historical data are: 1st year: $150,000, 2nd year: $150,000, 3rd year: $150,000, 4th year: $200,000, and 5th year: $200,000, which is a total of $850,000.

Legal Considerations: The Law Department has reviewed and approved the contracts as to form. The contracts will be for one year with annual renewal options for an additional four years.

Recommendations/Actions: It is recommended that the City Council approve the contracts, authorize thebudget and authorize the necessary signatures.

Attachment(s): Contracts for structured voice and data cabling services.

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CONTRACT

for

ON-CALL STRUCTURED VOICE & DATA CABLING SERVICES

20200242

THIS CONTRACT entered into this 1st day of September, 2020 by and between the CITY OF WICHITA, KANSAS, a municipal corporation, hereinafter called "CITY", and VISION COMMUNICATIONS KS, INC. whose principal office is at 1235 S. Mead, Wichita, Kansas 67211, Telephone Number (316) 634-6734, hereinafter called "VENDOR".

WHEREAS, the CITY has solicited a proposal for On-Call Structured Voice & Data Cabling Services (Formal Proposal - FP203166) [Commodity Code Number 28029]; and

WHEREAS, VENDOR has submitted a proposal acceptable 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 Proposal Number -FP203166. The documents forming the parties Agreement, listed in order of priority, are:

a. This Contract and all its exhibits b. The CITY's plans and specifications for the project c. The VENDOR's proposal.

2. Compensation. CITY agrees to pay VENDOR for On-Call Structured Voice & Data Cabling Services as shown below:

Flat hourly rate: $47.50 Material mark-up: 8%

Fees shall not exceed $50,000 for each project and $100,000 per year.

3. Term. The term of this Contract shall be effective from September 1, 2020 through August 31, 2021, with options to renew the Contract under the same terms and conditions for four (4) additional one (1) year periods by mutual agreement of both 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.

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a. VENDOR shall save and hold the CITY harmless against all suits, claims, damages and losses for injuries to persons, property or other liability loss 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 of 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. Commercial General Liability covering premises-operations,

xcu (explosion, collapse and underground) hazards, Product/Completed

operations, Broad Form Property Damage, and Contractual Liability with

minimum limits as follows:

Bodily Injury Liability

Property Damage Liability

Or

Bodily Injury and Property Damage

Liability (Combined Single Limit)

$500,000 each occurrence

$500,000 each aggregate





2. Automobile Liability - Comprehensive Form including all owned, hired

and non-owned vehicles with minimum limits for:



Or



$500,000 each accident



3. Workers' Compensation to meet statutory requirements.

4. Employers Liability $100,000 Each Accident

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$500,000 Aggregate

$100,000 Occupational Disease

Tht City of Wichita ahall be added II primary and non-contributory addltlonal ln1ured on the Commercial General Llablllty policy. Th• poJlcy •hall 1110 provide coverage for VENDOR'• contractual obllgatlon• created In the Agreement. Coverage 1hall be the greater of the requlremenll 1tated here or the VENDOR'• exl1tlng pollcy.

6. No Aa1lgnm1nt. The services to be provided by the VENDOR under this Contract are peraonal and cannot be aHlgned, sublet or transferred without the specific written consent of the CITY.

e. Incorporation. The new Exhibits A and B are Incorporated Into this contract aa If fully aet forth here.

7. Third Party Exclu1ton. Thia Contract la Intended solely for the benefit of CITY and VENDOR and It not Intended to benefit, either directly or Indirectly, any third party or member(s) of the public at large. No third party may aue for damages based on the terms or performance of this Contract.

IN WITNESS WHEREOF, the parties have set their hands the day and year first above written.

ATTEST:

Karen Sublett City Clerk


.;J er a ana City Attorney & Director of Law

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THE CITY OF WICHITA

Brandon J, Whipple Mayor

VISION COMMUNICATIONS KS, INC.

Slgn~fr Jat"e,< /), fe//e,;

Print Signature Name

fres,rA,e11t Title (President or Corporate Officer)

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EXHIBIT A CITY OF WICHITA MANDATORY CONTRACTUAL PROVISIONS ATTACHMENT

1. Terms Herein Controlling Provisions. The terms of this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the Agreement.

2. Choice of Law. This Agreement shall be interpreted under and governed by the laws of the State of Kansas. Any dispute or cause of action that arises in connection with this Agreement will be brought before a court of competent jurisdiction in Sedgwick County, Kansas.

3. Termination Due To Lack of Funding Appropriation. If, in the judgment of the City's Director of Finance, sufficient funds are not appropriated to continue the function performed in this Agreement and for the payment of the charges hereunder, City may terminate this Agreement at the end of its current fiscal year. City agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided for in the Agreement, except that such notice shall not be required prior to ninety (90) days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided to City under the Agreement. City will pay to Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any related equipment. Upon the effective termination of the Agreement by City, title to any such equipment shall revert to Contractor. The termination of the Agreement pursuant to this paragraph shall not cause any penalty to be charged to the City or the Contractor.

4. Disclaimer of Liability. City shall not hold harmless or indemnify any Contractor beyond that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

5. Acceptance of Agreement. This Agreement shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

6. Arbitration, Damages, Jury Trial and Warranties. The City does not ever accept binding arbitration or the payment of damages or penalties upon the occurrence of a contingency, and expressly denies such acceptance for this Agreement. The City never consents to a jury trial to resolve any disputes that may arise hereunder, and expressly denies such consent for this Agreement. Contractor waives its right to a jury trial to resolve any disputes that may arise hereunder. No provision of any document within the Agreement between the Parties will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

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7. Representative's Authority to Contract. By signing this Agreement, the representative of the Contractor thereby represents that such person is duly authorized by the Contractor to execute this Agreement on behalf of the Contractor and that the Contractor agrees to be bound by the provisions thereof.

8. Federal, State and Local Taxes. Unless otherwise specified, the proposal price shall include all applicable federal, state and local taxes. Contractor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Agreement. City is exempt from state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included in the Agreement. Upon request, City shall provide to the Contractor a certificate of tax exemption.

City makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor.

9. Insurance. City shall not be required to purchase any insurance against any liability loss or damage to which this Agreement relates, nor shall this Agreement require the City to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.

10. Conflict of Interest. Contractor shall not knowingly employ, during the period of this Agreement or any extensions to it, any professional personnel who are also in the employ of the City and providing services involving this Agreement or services similar in nature to the scope of this Agreement to the City. Furthermore, Contractor shall not knowingly employ, during the period of this Agreement or any extensions to it, any City employee who has participated in the making of this Agreement until at least two years after his/her termination of employment with the City.

11. Confidentiality. Contractor may have access to private or confidential data maintained by City to the extent necessary to carry out its responsibilities under this Agreement. Contractor must comply with all the requirements of the Kansas Open Records Act (K.S.A. 42-215 et seq.) in providing services and/or goods under this Agreement. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this Agreement shall be disseminated by either party except as authorized by statute, either during the period of the Agreement or thereafter. Contractor must agree to return any or all data furnished by the City promptly at the request of City in whatever form it is maintained by Contractor. Upon the termination or expiration of this Agreement, Contractor shall not use any of such data or any material derived from the data for any purpose and, where so instructed by City, shall destroy or render such data or material unreadable. The parties accept that City must comply with the Kansas Open Records Act, and will produce upon written request all documents pertaining to this Agreement other than those covered by express exceptions to disclosure listed in the Act.

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12. Cash Basis and Budget Laws. The right of the City to enter into this Agreement is subject to the provisions of the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the Budget Law (K.S.A. 79-2935), and all other laws of the State of Kansas. This Agreement shall be construed and interpreted so as to ensure that the City shall at all times stay in conformity with such laws, and as a condition of this Agreement the City reserves the right to unilaterally sever, modify, or terminate this Agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such laws.

13. Anti-Discrimination Clause. Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin, ancestry, or age in the admission or access to, or treatment or employment in, its programs and activities; (b) to include in all solicitations or advertisements for employees the phrase "equal opportunity employer;" (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the Agreement may be cancelled, terminated or suspended, in whole or in part by City, without penalty thereto; and (f) if it is determined that the Contractor has violated applicable provisions of the ADA, such violation shall constitute a breach of the Agreement and the Agreement may be cancelled, terminated or suspended, in whole or in part by City, without penalty thereto.

Parties to this Agreement understand that the provisions of this paragraph 13 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of this Agreement or whose contracts with the City cumulatively total $5,000 or less during the City's fiscal year.

14. Suspension/Debarment. Contractor acknowledges that as part of the Code of Federal Regulations (2 C.F.R. Part 180) a person or entity that is debarred or suspended in the System for Award Management (SAM) shall be excluded from federal financial and nonfinancial assistance and benefits under federal programs and activities. All non-federal entities, including the City of Wichita, must determine whether the Contractor has been excluded from the system and any federal funding received or to be received by the City in relation to this Agreement prohibits the City from contracting with any Contractor that has been so listed. In the event the Contractor is debarred or suspended under the SAM, the Contractor shall notify the City in writing of such determination within five (5) business days as set forth in the Notice provision of this Agreement. City shall have the right, in its sole discretion, to declare the Agreement terminated for breach upon receipt of the written notice. Contractor shall be responsible for determining whether any sub-contractor performing any work for Contractor pursuant to this Agreement has been debarred or

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suspended under the SAM and to notify City within the same five (5) business days, with the City reserving the same right to terminate for breach as set forth herein.

15. Compliance with Law. Contractor shall comply with all applicable local, state and federal laws and regulations in carrying out this Agreement, regardless of whether said local, state and federal laws are specifically referenced in the Agreement to which this Exhibit is incorporated.

(Rev. 8/28/2019)

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EXHIBIT B CITY OF WICHITA MANDATORY INDEPENDENT CONTRACTOR ADDENDUM

1. This Agreement shall satisfy all tax and other governmentally imposed responsibilities including, but not limited to payment of: state, federal, and social security taxes; unemployment taxes; workers' compensation and self-employment taxes. No federal, state, or local taxes of any kind shall be withheld or paid by City.

2. The parties agree that as an independent contractor, Contractor is not entitled to any benefits from City, including but not limited to: (a) unemployment insurance benefits; (b) workers' compensation coverage; or (c) health insurance coverage. Contactor may only receive such coverages if provided by Contractor or an entity other than City. Subject to the foregoing, Contractor hereby waives and discharges any claim, demand, or action against City's workers' compensation insurance and/or health insurance and further agrees to indemnify City for any such claims related to Contractor's operations or the performance of services by Contractor hereunder.

3. The parties hereby acknowledge and agree that City will not: (a) require Contractor to work exclusively for City; (b) establish means or methods of work for Contractor, except that City may provide plans and specifications regarding the work but will not oversee the actual work. City may establish performance standards for the contracted outcomes; (c) pay to Contractor a salary or hourly rate, but rather will pay to Contractor a fixed or contract rate; (d) provide training for Contractor on performance of the services to be done; City may provide informational briefing on known conditions; (e) provide tools or benefits to Contractor (materials and equipment may be supplied if negotiated); (f) dictate the time of Contractor's performance; and (g) pay Contractor personally; instead, City will make all checks payable to the trade or business name under which Contractor does business.

4. Contractor does not have the authority to act for City, to bind City in any respect whatsoever, or to incur debts or liabilities in the name of or on behalf of City.

5. Unless given express written consent by City, Contractor agrees not to bring any other party (including but not limited to employees, agents, subcontractors, subsubcontractors, and vendors) onto the project site.

6. If Contractor is given written permission to have other parties on the site, and Contractor engages any other party which may be deemed to be an employee of Contractor, Contractor will be required to provide the appropriate workers' compensation insurance coverage as required by this Agreement.

7. Contractor has and hereby retains control of and supervision over the performance of Contractor's obligations hereunder. Contractor agrees to retain control over any allowed parties employed or contracted by Contractor for performing the services hereunder and take full and complete responsibility for any liability created by or from any actions or individuals brought to the project by Contractor.

8. Contractor represents that it is engaged in providing similar services to the general public and not required to work exclusively for City.

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9. All services are to be performed solely at the risk of Contractor and Contractor shall take all precautions necessary for the safety of its and the City's employees, agents, subcontractors, sub-subcontractors, vendors, along with members of the general public it encounters while performing the work.

10. Contractor will not combine its business operations in any way with City's business operations and each party shall maintain their operations as separate and distinct.

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CONTRACT

for

ON-CALL STRUCTURED VOICE & DAT A CABLING SERVICES

20200241

THIS CONTRACT entered into this 1st day of September, 2020 by and between the CITY OF WICHITA, KANSAS, a municipal corporation, hereinafter called "CITY", and DECKER ELECTRIC INC. whose principal office is at 4500 W. Harry, Wichita, Kansas 67209, Telephone Number (316) 265-8182, hereinafter called "VENDOR".

WHEREAS, the CITY has solicited a proposal for On-Call Structured Voice & Data Cabling Services (Formal Proposal - FP203166) [Commodity Code Number 28029]; and

WHEREAS, VENDOR has submitted a proposal acceptable to the CITY and is ready, willing, and able to provide the commodities and/or services required by the CITY.


1. Scope of Services. VENDOR shall provide to the CITY all those commodities and/or services specified in its response to Formal Proposal Number -FP203166. The documents forming the parties Agreement, listed in order of priority, are:

a. This Contract and all its exhibits b. The CITY's plans and specifications for the project c. The VENDOR's proposal.

2. Compensation. CITY agrees to pay VENDOR for On-Call Structured Voice & Data Cabling Services as listed below:

Straight time hourly rate: $42.00 Overtime hourly rate: $63.00 Material and equipment mark-up: 12%

Fees shall not exceed $50,000 for each project and $100,000 per year.

3. Term. The term of this Contract shall be effective from September 1, 2020 through August 31, 2021, with options to renew the Contract under the same terms and conditions for four (4) additional one (1) year periods by mutual agreement of both 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.


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a. VENDOR shall save and hold the CITY harmless against all suits, claims, damages and losses for injuries to persons, property or other liability loss 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 of 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. Commercial General Liability covering premises-operations,

xcu (explosion, collapse and underground) hazards, Product/Completed

operations, Broad Form Property Damage, and Contractual Liability with

minimum limits as follows:



Or









2. Automobile Liability - Comprehensive Form including all owned, hired

and non-owned vehicles with minimum limits for:



Or






3. Workers' Compensation to meet statutory requirements.

4. Employers Liability $100,000 Each Accident

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$500,000AggNgllta $100,000 Occupational DINne

Thi City of Wichita 1hall bl ICldecl • pl1nlary and non-contributory addltlonll lneunct on the Con'IIMrolll General 1Ja1111tr pollcy. The polloy ehall llllo provide oo~ for VINDOll'a contnlctulll obllgdone o......, In h All'Nllllnt. Covlrlge ahal bl the,,..., ol the nMIUll'NNNlla •IN hll9 or tlle YENDOII'• exlltlng poller,

L No Aeelgnment. The NNlcee to be provided by the VENDOR urder thia Contract are perwonal and cannot be •-lgnld, 1Ublet or tranlfemtd without the speclftc .men oonaent of the CITY.

I. lnoo,pOfltlOfl. The new Exhibits A Ind B 1re Incorporated Into Ihle COldrld .. I fully Nt forth here.

7. Third Party Exoluelon. Thll Connet ii Intended eolely for the benefit of CITY and VINDOR and la not Intended to benefit. either dlreatly or lndlnactly, any third party or nwnber(1) of the pubic at large. No third party may sue for damagea baNd on the term• or performance of thla Contract.

IN WITNEII WHl!REOF, the partial have let their hands the day Ind )Ur first above wrtttan.

ATTIIT:

Kalllr\Bublltt CltyClerk

APPROVED Al TO FORM:

THI CITY 0, WICHITA

Brandon J. \Nhfpple Mayor

DECKER ILECTRIC INC ;-, . '

..¥-,~"--C·~__,~,.._..,._!1 ....... ),,,....,at,-~ __ ~ .-A {).A._ 8-(3,Y>W

CltyAttomey&Dkectorofl.aw {30!.\)~ 1::· Lfk"~ Print Signature Name

I/ ,l-E f 1&>1 DcVi

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EXHIBIT A CITY OF WICHITA MANDATORY CONTRACTUAL PROVISIONS ATTACHMENT






6. Arbitration, Damages, Jury Trial and Warranties. The City does not ever accept binding arbitration or the payment of damages or penalties upon the occurrence of a contingency, and expressly denies such acceptance for this Agreement. The City never consents to a jury trial to resolve any disputes that may arise hereunder, and expressly denies such consent for this Agreement. Contractor waives its right to a jury trial to resolve any disputes that may arise hereunder. No provision of any document within the Agreement between the Parties will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

7. Representative's Authority to Contract. By signing this Agreement, the representative of the Contractor thereby represents that such person is duly

4 25

authorized by the Contractor to execute this Agreement on behalf of the Contractor and that the Contractor agrees to be bound by the provisions thereof.





11. Confidentiality. Contractor may have access to private or confidential data maintained by City to the extent necessary to carry out its responsibilities under this Agreement. Contractor must comply with all the requirements of the Kansas Open Records Act (K.S.A. 42-215 et seq.) in providing services and/or goods under this Agreement. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this Agreement shall be disseminated by either party except as authorized by statute, either during the period of the Agreement or thereafter. Contractor must agree to return any or all data furnished by the City promptly at the request of City in whatever form it is maintained by Contractor. Upon the termination or expiration of this Agreement, Contractor shall not use any of such data or any material derived from the data for any purpose and, where so instructed by City, shall destroy or render such data or material unreadable. The parties accept that City must comply with the Kansas Open Records Act, and will produce upon written request all documents pertaining to this Agreement other than those covered by express exceptions to disclosure listed in the Act.

12. Cash Basis and Budget Laws. The right of the City to enter into this Agreement is subject to the provisions of the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the

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Budget Law (K.S.A. 79-2935), and all other laws of the State of Kansas. This Agreement shall be construed and interpreted so as to ensure that the City shall at all times stay in conformity with such laws, and as a condition of this Agreement the City reserves the right to unilaterally sever, modify, or terminate this Agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such laws.



14.Suspension/Debarment. Contractor acknowledges that as part of the Code of Federal Regulations (2 C.F.R. Part 180) a person or entity that is debarred or suspended in the System for Award Management (SAM) shall be excluded from federal financial and nonfinancial assistance and benefits under federal programs and activities. All non-federal entities, including the City of Wichita, must determine whether the Contractor has been excluded from the system and any federal funding received or to be received by the City in relation to this Agreement prohibits the City from contracting with any Contractor that has been so listed. In the event the Contractor is debarred or suspended under the SAM, the Contractor shall notify the City in writing of such determination within five (5) business days as set forth in the Notice provision of this Agreement. City shall have the right, in its sole discretion, to declare the Agreement terminated for breach upon receipt of the written notice. Contractor shall be responsible for determining whether any sub-contractor performing any work for Contractor pursuant to this Agreement has been debarred or suspended under the SAM and to notify City within the same five (5) business days, with the City reserving the same right to terminate for breach as set forth herein.

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(Rev. 8/28/2019)

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EXHIBIT B CITY OF WICHITA MANDATORY INDEPENDENT CONTRACTOR ADDENDUM





5. Unless given express written consent by City, Contractor agrees not to bring any other party (including but not limited to employees, agents, subcontractors, subsubcontractors, and vendors) onto the project site.


7. Contractor has and hereby retains control of and supervision over the performance of Contractor's obligations hereunder. Contractor agrees to retain control over any allowed parties employed or contracted by Contractor for performing the services hereunder and take full and complete responsibility for any liability created by or from any actions or individuals brought to the project by Contractor.


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Agenda Item No. V-3


September 1, 2020


SUBJECT: Quarterly Financial Report for the Quarter Ended June 30, 2020

INITIATED BY: Department of Finance

AGENDA: New Business

Recommendation: Receive and file the Quarterly Financial Report.

Background: The Finance Department prepares quarterly unaudited financial reports to monitor and review the financial activities of the operating and capital funds. The report is presented to provide the City Council and citizens with information that will assist in making informed decisions. The report is available on the City’s website. Citizens may obtain a printed copy by contacting the Department of Finance at 268-4651.

Analysis: Comparisons of budgeted amounts to actual revenue and expenditures are provided for key operating funds. In addition, financial statements are prepared and presented on an accrual basis for the enterprise, internal service and pension trust funds, consistent with generally accepted accounting principles. The Quarterly Financial Report may not reflect all the transactions that relate to activities through June 30, 2020.

Financial highlights are summarized beginning on page ii, with financial statements beginning on page 1. Supplementary information, including information on the performance of invested funds, capital projects currently underway, and a quarterly summary of disadvantaged and emerging business activity is presented in the final section of this report.

Financial Considerations: Finance Department staff will provide a financial overview at the City Council meeting.

Legal Considerations: There are no legal considerations.

Recommendations/Actions: It is recommended that the City Council receive and file the Quarterly Financial Report for the quarter ended June 30, 2020.

Attachment: Quarterly Financial Report

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CMB’S FOR September 1, 2020

Renew 2020 Consumption On PremisesEduardo C. Sebastian La Chinita Mexican Restaurant** 1051 N. Broadway

Renew 2020 Consumption Off PremisesRajeshkumar Patel Stop & Shop*** 1826 W. 13th St N

New 2020 Consumption Off PremisesKaran Patel Smoke Town*** 2821 W. 13th St N

** General/Restaurant (need 50% or more gross revenue from sale of food)*** Retailer (Grocery stores, convenience stores, etc.)

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THE CITY OF WICHITA Wichita. Kansas

Department of Public Works

NOT TO BE ADVERTISED

PRELIMINARY ESTIMATES

FOR CITY COUNCIL SEPTEMBER 1, 2020

PRELIMINARY ESTIMATE of the cost of water improvements to serve Firefly Way Additionsouth of 29th Street North, east of North 127t Street East)( District II)( 448-907961E7006/47103417)

Total Estimated Cost$ 90,200.

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To the City Council Date of CC 09/ 1/ 2020

Wichita, Kansas PROJ/ORG) E7006/47103417

ENG PROJ) 448-90796

THIS PROJECT IS NOT TO BE ADVERTISED FOR BIDS

PRELIMINARY ESTIMATE of the cost of water improvements to serve Firefly Way AdditionDistrict II).

All work done and all materials furnished to be in accordance with plans and specifications on file

in the office of the City Engineer.

Total Estimated Cost 90, 200

CITY OF WICHITA

STATE OF KANSAS) SS

I do solemnly swear that the above amount is correct, reasonable and just.

Gary Ja z / City Engineer

Sworn to and subscribed before me this 1st day of September.

City Clerk

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Page Exhibit

PRELIMINARY ESTIMATE of the cost of water improvements to serve Firefly Way Additionsouth of 29th North, east ofNorth 127t Street East)( District II)( 448-90796/ E7006/47103417)—

Total Estimated Cost$ 90,200.

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Agenda Item No. II-3a


September 1, 2020


SUBJECT: Petitions for Improvements to Serve Clear Creek 4th Addition (District II)


AGENDA: Consent

Recommendation: Approve the petitions and budgets, and adopt the resolutions.

Background: The petitions are a requirement for new development and are valid per Kansas Statute 12-6a01. The signatures on the petitions represent 100% of the improvement district.

Analysis: The projects will provide water, sanitary sewer and paving improvements required for a newresidential development located south of Kellogg, west of 143rd Street East.

Financial Considerations: The petition total for the water improvements is $80,000. The petition total for the sanitary sewer improvements is $151,000. The petition total for the paving improvements is $500,000. The funding source for the projects is 100% special assessment.

Legal Considerations: The Law Department has reviewed and approved the petitions and resolutions as to form.

Recommendations/Actions: It is recommended that the City Council approve the petitions and budgets,adopt the resolutions, and authorize the necessary signatures.

Attachments: Petitions and resolutions.

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PETITION A, vt'c1 n -11- f$- J_O- 0-( 3( - 3I

Water—Clear Creek 4th Addition to Wichita, Kansas

TO: The Mayor and City Council( the" Governing Body")City ofWichita, Kansas

1. The undersigned, being the owners of record of more than one-half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), do

hereby request that said improvements be made in the manner provided by K.S. A. 12- 6a01 et seq.

a) The improvements proposed to be made are as follows( the" Improvements"):

Construction of a water distribution system, including necessary water mains, pipes, valves,hydrants, and appurtenances to serve the Improvement District defined below.

The Improvements shall be constructed in accordance with City standards and plans andspecifications prepared or approved by the City Engineer.

b) The estimated or probable cost of the proposed Improvements is: Eighty Thousand80,000), exclusive of interest on financing and administrative and financing costs; said estimated amount

to be increased at the pro rata rate of 1 percent per month from and after the date ofsubmission of this Petition

to the City. If expenses have been incurred for the Improvements and construction has not started withintwo years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred

to date will be assessed against property in the Improvement District defined below in accordance with theprovisions hereof.

c) The extent of the proposed improvement district( the" Improvement District") to be assessed

for the costs of the proposed Improvements is:

Lots 1- 17, Block A; Lots 1- 2, Block B; Lots 10- 17, Block C

Clear Creek 4th Addition

d) The proposed method of assessment is: equally per lot( 27 lots).

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured

before or after assessments have been levied, the assessments against the replatted area shall be recalculated

on a square foot basis or per the terms ofa respread agreement submitted to the City of Wichita.

e) The proposed apportionment of the cost of the Improvements, between the Improvement

District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at- large.

fj The payment of assessments proposed to be imposed hereunder may be indefinitely deferredagainst those property owners eligible for deferral pursuant to the City' s Special Assessment DeferralProgram.

g) The undersigned acknowledge that property within the proposed Improvement District issubject to benefit fees to be imposed as a result of previously constructed water main improvements that

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1

benefit the property within the proposed Improvement District. Such benefit fees shall be imposed pursuantto K.S.A. 12- 6a19, in the following manner: $ 17,220 assessed to be assessed as follows:

Lots 1- 17, Block A; Lots 1- 2, Block B; Lots 10- 17, Block C; Clear Creek 4th Addition, Wichita, Sedgwick

County Kansas shall be assessed equally per lot.

2. It is further requested that the proposed Improvements be made without notice and hearingas required by the Act.

3. Ifthe Improvements are:( i) abandoned, altered and/ or constructed privately, in part or whole,precluding the building of the Improvement under the authority of this Petition and the Act; or ( ii) it isnecessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/orconstruction because the design and/ or construction does not meet the requirements of City code provisions;any costs incurred by the City as a result of submission of this Petition shall be assessed to property withinthe proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration ofthis Petition, or, later than seven( 7) days after the filing hereof,whicheveroccurs first.

5. The Governing Body is further requested to proceed with adoption of a resolution authorizingthe Improvements and establishing the Improvement District in accordance with the Act and the constructionof the Improvements in an expeditious manner.

Property Owned Withinl ature Dated Proposed Improvement District

Lots 1- 17, Block A; Lots 1- 2, Block B; Lots

10- 17, Block C


intMiller, President Clint Miller

Properties, INC.

THIS PETITION was filed in my office on O j3U 6Cc 9c .

inItY OF

NA

Q F.° ity Clerkck'•.,

J 1

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ac c- of al ci 7PETITION

Sanitary Sewer— Clear Creek 4th Addition, Wichita, Kansas

TO: The Mayor and City Council( the" Governing Body")City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one-half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K.S.A. 12- 6a01 et seq.


Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances toserve the Improvement District defined below.


b) The estimated or probable cost of the proposed Improvements is: One Hundred Fifty-OneThousand Dollars($ 151, 000), exclusive of interest on financing and administrative and financing costs; saidestimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of

submission ofthis Petition to the City. Ifexpenses have been incurred for the Improvements and constructionhas not started within two years of the initial design contract, the Improvements will be deemed abandoned

and expenses incurred to date will be assessed against property in the Improvement District defined belowin accordance with the provisions hereof.

c) The extent of the proposed improvement district( the" Improvement District") to be assessedfor the costs of the proposed Improvements is:



d) The proposed method of assessment is: on a fractional basis as described below.

The total assessment shall be divided into 27 equal shares.



on a square foot basis or per the terms ofa respread agreement submitted to the City of Wichita.


District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at-large.

f) The payment of assessments proposed to be imposed hereunder may be indefinitely deferredagainst those property owners eligible for deferral pursuant to the City' s Special Assessment DeferralProgram.

g) The undersigned acknowledge that property within the proposed Improvement District is subject tobenefit fees to be imposed as a result ofpreviously constructed sanitary sewer main improvements that benefit

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the property within the proposed Improvement District. Such benefit fees shall be imposed pursuant toK.S.A. 12-6a19, in the following manner: $ 24,220 assessed to be assessed as follows:

Lots 1- 17, Block A; Lots 1- 2, Block B; Lots 10- 17, Block C; Clear Creek 4th Addition, Wichita, Sedgwick

1 County Kansas shall be assessed equally per lot.


3. Ifthe Improvements are:( i) abandoned, altered and/or constructed privately, in part or whole,precluding the building of the Improvement under the authority of this Petition and the Act; or ( ii) it isnecessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/ orconstruction because the design and/ or construction does not meet the requirements ofCity code provisions;any costs incurred by the City as a result of submission of this Petition shall be assessed to property withinthe proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven( 7) days after the filing hereof,whicheveroccurs first.

5. The Governing Body is further requested to proceed with adoption of a resolution authorizingthe Improvements and establishing the Improvement District in accordance with the Act and the constructionof the Improvements in an expeditious manner.

Property Owned Withina Dated Proposed Improvement District

f l

Cree

Lots 1- 17, Block A; Lots 1- 2, Block B; Lots

Am/ AV gl12/ 7V1 Block C


Clint Miller, President,

Clint Miller Properties, INC

THIS PETITION was filed in my office on (/ ' / 3 - d

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PETITION

Pavement—Clear Creek 4th Addition to Wichita, Kansas

TO: The Mayor and City Council ( the" Governing Body")City of Wichita, Kansas

1. The undersigned, being the owners of record of more than one-half of the area liable forassessment set forth below for the proposed improvements of the City of Wichita, Kansas ( the " City"), dohereby request that said improvements be made in the manner provided by K.S.A. 12- 6a01 et seq.


Construction of pavement on Laguna from the Northeast Property Line of Lot 17, Block C, ClearCreek 4th Addition to the West Property Line of Lot 10, Block C, Clear Creek 4th Addition, and LagunaCourt from the East Line of Laguna to and including cul- de- sac, with drainage to be installed wherenecessary. A sidewalk shall be constructed on one side of Laguna.


b) The estimated or probable cost of the proposed Improvements is: Five Hundred Thousand

dollars($ 500,000), exclusive of interest on financing and administrative and financing costs; said estimatedamount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of this

Petition to the City. If expenses have been incurred for the Improvements and construction has not startedwithin two years of the initial design contract, the Improvements will be deemed abandoned and expenses

incurred to date will be assessed against property in the Improvement District defined below in accordancewith the provisions hereof.



on a square foot basis or per the terms of a respread agreement submitted to the City of Wichita.

c) The extent of the proposed improvement district( the" Improvement District") to be assessed

for the costs of the proposed Improvements is:



d) The proposed method of assessment is: equally per lot( 27 lots).

In the event that the driveway approaches and curb cuts are not included within the scope of theImprovements and the estimated cost thereof as set forth in subsection( b) above, the costs of such drivewayapproaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby inaddition to the assessments levied for the Improvements.


District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid bythe City-at- large.

B- 1

45

f) The payment of assessments proposed to be imposed hereunder may be indefinitely deferredagainst those property owners eligible for deferral pursuant to the City' s Special Assessment DeferralProgram.


3. If the Improvements are:( i) abandoned, altered and/ or constructed privately, in part or whole,precluding the building of the Improvement under the authority of this Petition and the Act; or ( ii) it isnecessary for the City to redesign, repair or reconstruct the Improvements after its initial design and/orconstruction because the design and/ or construction does not meet the requirements of City code provisions;any costs incurred by the City as a result of submission of this Petition shall be assessed to property withinthe proposed Improvement District in accordance with the provisions hereof.

4. Names may not be withdrawn from this Petition by the signers hereof after the GoverningBody commences consideration of this Petition, or, later than seven( 7) days after the filing hereof,whicheveroccurs first.

5. The Governing Body is further requested to proceed with adoption ofa resolution authorizingthe Improvements and establishing the Improvement District in accordance with the Act and the constructionof the Improvements in an expeditious manner.

Property Owned Withinre Dated Proposed Improvement District

Lots 1- 17, Block A; Lots 1- 2, Block B;

AOAI Lots 10- 17, Block C

I/2 7v Clear Creek 4th Addition

r

Clint Miller Properties, INC

THIS PETITION was filed in my office on

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DZinty City Clerk

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B-246

132019

(Published in the Wichita Eagle, on September 4, 2020)


A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (SANITARY SEWER – CLEAR CREEK 4TH ADDITION/SOUTH OF EAST KELLOGG DRIVE, WEST OF SOUTH 143RD STREET EAST) (468-2020-012797).


WHEREAS, the City Council of the City (the “Governing Body”) has heretofore by Resolution No. 20-167 of the City (the “Prior Resolution”) authorized certain internal improvements; and

WHEREAS, the extent of the proposed improvement district authorized by the Prior Resolution has changed;

WHEREAS, pursuant to the receipt of a new petition (the “Petition”), it is necessary to authorize the improvements requested therein by the adoption of a new resolution of the City and repeal the Prior Resolution; and

WHEREAS, the Petition was filed with the City Clerk proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq. (the "Act")

WHEREAS, K.S.A. 12-6a19 provides that whenever the construction of any water, stormwater, sanitary sewer or arterial street improvement is initiated by petition pursuant to the Act, the City may require the imposition of a benefit fee on property which is benefitted by such improvements but was not included within the original improvement district established for the levy of special assessments for such improvements; and

WHEREAS, the Petition contains a request that the City create an area for which benefit fees will be imposed pursuant to K.S.A. 12-6a19; and

WHEREAS, the Governing Body hereby finds and determines that said Petition was signed by theowners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Repealer. The Prior Resolution is hereby repealed.

Section 2. Findings of Advisability. The Governing Body hereby finds and determines that:

47

(a) The improvements proposed to be made are as follows (the “Improvements”):

Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: One Hundred Fifty-One Thousand Dollars ($151,000), exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of this Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the “Improvement District”) to be assessed for the costs of the proposed Improvements is:

Lots 1-17, Block A; Lots 1-2, Block B; Lots 10-17, Block C Clear Creek 4th Addition

(d) The proposed method of assessment is: on a fractional basis as described below.

The total assessment shall be divided into 27 equal shares.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis or per the terms of respread agreement submitted to the City of Wichita.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

(g) The property within the proposed Improvement District is subject to benefit fees to be imposed as a result of previously constructed sanitary sewer main improvements that benefit the property within the proposed Improvement District. Such benefit fees shall be imposed pursuant to K.S.A. 12-6a19, in the following manner: $24,220, assessed to be assessed as follows:

Lots 1-17, Block A; Lots 1-2, Block B; Lots 10-17, Block C; Clear Creek 4th Addition, Wichita, Sedgwick County Kansas shall be assessed equally per lot.

Section 3. Authorization of Improvements. The Improvements are hereby authorized and ordered to be made in accordance with the findings of the Governing Body as set forth in Section 2 of this Resolution.

Section 4. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 5. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of adoption of the Prior Resolution, and 60 days before the date of adoption of this Resolution, to the extent of the increased authorization contained herein, all pursuant to Treasury Regulation § 1.150-2.

48

Section 6. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

ADOPTED by the City Council of the City of Wichita, Kansas, on September 1, 2020.


ATTEST:



Jennifer Magaña, City Attorneyand Director of Law

49

132019



A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (WATER –CLEAR CREEK 4TH ADDITION/SOUTH OF EAST KELLOGG DRIVE, WEST OF SOUTH 143RD STREET EAST) (448-2020-013231).


WHEREAS, the City Council of the City (the “Governing Body”) has heretofore by Resolution No. 20-168 of the City (the “Prior Resolution) authorized certain internal improvements; and

WHEREAS, the extent of the proposed improvement district authorized by the Prior Resolution has changed; and

WHEREAS, pursuant to the receipt of a new petition (the “Petition”), it is necessary to authorize the improvements requested therein by the adoption of a new resolution of the City and repeal the Prior Resolution; and

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq. (the "Act"); and

WHEREAS, K.S.A. 12-6a19 provides that whenever the construction of any water, stormwater, sanitary sewer or arterial street improvement is initiated by petition pursuant to the Act, the City may require the imposition of a benefit fee on property which is benefitted by such improvements but was not included within the original improvement district established for the levy of special assessments for such improvements; and

WHEREAS, the Petition contains a request that the City create an area for which benefit fees will be imposed pursuant to K.S.A. 12-6a19; and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.




50


Construction of a water distribution system, including necessary water mains, pipes, valves, hydrants, and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: Eighty Thousand($80,000), exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the “Improvement District”) to be assessed for the costs of the proposed Improvements is:

Lots 1-17, Block A; Lots 1-2, Block B; Lots 10-17, Block CClear Creek 4th Addition

(d) The proposed method of assessment is equally per lot (27 lots).

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis or per the terms of a respread agreement submitted to the City of Wichita.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.


(g) The property within the proposed Improvement District is subject to benefit fees to be imposed as a result of previously constructed water main improvements that benefit the property within the proposed Improvement District. Such benefit fees shall be imposed pursuant to K.S.A. 12-6a19, in the following manner: $17,220 assessed to be assessed as follows:

Lots 1-17, Block A; Lots 1-2, Block B; Lots 10-17, Block C; Clear Creek 4th Addition, Wichita, Sedgwick County, Kansas shall be assessed equally per lot.



Section 5. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.


51



ATTEST:



Jennifer Magaña, City Attorney and Director of Law

52

132019



A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (PAVING –CLEAR CREEK 4TH ADDITION/SOUTH OF EAST KELLOGG DRIVE, WEST OF SOUTH 143RD STREET EAST) (472-2020-085612).


WHEREAS, the City Council of the City (the “Governing Body”) has heretofore by Resolution No. 20-169 of the City (the “Prior Resolution) authorized certain internal improvements; and

WHEREAS, the extent of the proposed improvement district authorized by the Prior Resolution has changed;

WHEREAS, pursuant to the receipt of a new petition (the “Petition”), it is necessary to authorize theimprovements requested therein by the adoption of a new resolution of the City and repeal the Prior Resolution; and

WHEREAS, the Petition was filed with the City Clerk proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq (the "Act"); and

WHEREAS, the Governing Body hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.





Construction of pavement on Laguna from the Northeast Property Line of Lot 17, Block C, Clear Creek 4th Addition to the West Property Line of Lot 10, Block C, Clear Creek 4th Addition, and Laguna Court from the East Line of Laguna to and including cul-de-sac, with drainage to be installed where necessary. A sidewalk shall be construction on one side of Laguna.

53

(b) The estimated or probable cost of the proposed Improvements is: Five Hundred Thousand Dollars ($500,000), exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis or per the terms of a respread agreement submitted to the City of Wichita.

(c) The extent of the proposed improvement district (the "Improvement District") to be assessed for the costs of the proposed Improvements is:

Lots 1-17, Block A; Lots 1-2, Block B; Lots 10-17, Block CClear Creek 4th Addition

(d) The proposed method of assessment is: equally per lot (27 lots).

In the event that the driveway approaches and curb cuts are not included within the scope of the Improvements and estimated cost thereof as set forth in subsection (b) above, the costs of such driveway approaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby in addition to the assessments levied for the Improvements.

(e) The proposed apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.




Section 5. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of adoption of the Prior Resolution, and 60 days before the date of adoption of this Resolution, to the extent of the increased authorization contained herein, all pursuant to Treasury Regulation § 1.150-2.


54



ATTEST:



Jennifer Magaña, City Attorneyand Director of Law

55

Agenda Item No. II-4a


September 1, 2020


SUBJECT: Agreement with the Kansas Department of Transportation (KDOT) for I-235 and West Street Interchange Signalization/I-235 and Seneca Street Signal Modifications (District IV)


AGENDA: Consent

Recommendation: Approve the amended cancellation of agreement.

Background: On April 19, 2016, the City Council approved an agreement with WSP/Parsons Brinckerhoff (now WSP) to design the signalization for the I-235 and West Street Interchange and modifications of the existing signal at the southeast corner of Seneca and I-235. On September 4, 2018, the City Council approved an agreement with KDOT for economic development funding for the project. On August 6, 2019, the City Council approved a new project agreement that combined the signalization project with an I-235 reconstruction project and a cancellation agreement.

Analysis: The cancellation agreement approved by the City Council on August 6, 2019, stated that the original Agreement #177-10 and project No. 87 KA-5100-01(I-235 and West Street Signalization) would be canceled. However, the cancellation agreement should have applied only to the original agreement with KDOT, not the traffic signalization project itself. The amended cancellation agreement has been prepared to reinstate the I-235 and West Street Signalization project.

Financial Considerations: The existing budget remains unchanged with this agreement.

Legal Considerations: The Law Department has reviewed and approved the agreements as to form.

Recommendation/Action: It is recommended that the City Council approve the agreement and authorize the necessary signatures.

Attachment: Agreement.

56

Amended Cancellation ofAgreement No. 167- 18

PROJECT NO. 87 KA-5100- 01

CONSTRUCTION

CITY OF WICHITA, KANSAS

AMENDED CANCELLATION OF AGREEMENT

PARTIES: Secretary of Transportation, Kansas Department of Transportation ( KDOT) (theSecretary")

The City of Wichita, Kansas ( the " City")

Collectively referred to as the" Parties."

PURPOSE: The Parties entered into a Cancellation Agreement dated August 30, 2019 ( the " Original

Cancellation"), that cancelled the Original Agreement 167- 18 and Project No. 87 KA-5100-

01 and provided that the work and funding for Project No. 87 KA-5100- 01 would becombined with Project 235- 87 KA-3895- 01 and Agreement No. 90- 19. Since the work for

Project 87 KA-5100-01 is still progressing, the Original Cancellation should have statedonly that the Original Agreement was cancelled, and not the Original Agreement 167- 18and Project No. 87 KA- 5100-01. As a result, the Parties desire to enter into an Amended

Cancellation Agreement that cancels the Original Agreement No. 167- 18, dated September

24, 2018. Again, the work and funding for Project No. 87 KA-5100- 01 will be combinedwith Project 235- 87 KA-3895- 01 and included in Agreement No. 90- 19.

EFFECTIVE

DATE: The Parties mutually agree the Original Agreement have been cancelled as of the datesigned by the Secretary or designee.

IN WITNESS WHEREOF, the Parties have caused this Cancellation of Agreement to be signed

by their duly authorized officers.

ATTEST: CITY OF WICHITA KANSAS

CITY CLERK Date) MAYOR

SEAL)

Kansas Department of Transportation

AP' ' vVED A T4 FORM: Secretary of Transportation

J- 4 ifer M. gana, City Attor, ey and By:Di ector '-f Law Burt Morey, P. E. Date)

Deputy Secretary andState Transportation Engineer

Cancellation Agreement Master 02- 14

1 -

57

Agenda Item No. II-4b


September 1, 2020


SUBJECT: Contract Amendment for North Industrial Corridor (NIC) Groundwater Contamination Site Project (Districts I III, and VI)


AGENDA: Consent

Recommendations: Approve the contract amendment.

Background: The NIC area project is a very large groundwater pollution site with more than 4,000 acres of commercial, industrial and residential properties within its boundaries. The groundwater pollution is a result of historical use of industrial chemicals by a number of different parties. The City is bound by a settlement agreement with the Kansas Department of Health & Environment (KDHE) to manage the groundwater cleanup. The official Corrective Action Decision issued by KDHE lays out the remediation requirements. Installation of four groundwater extraction wells and approximately 5.6 miles of groundwater conveyance pipeline is required in order to comply with the groundwater remediation directives established by the KDHE for this site. Construction Quality Assurance and documentation is also a KDHE required activity.

Analysis: The proposed contract amendment will cover work needed to assure that the KDHE approved site-wide groundwater remediation system has been installed according to approved plans. The installation of the system will be documented in “As Built” plans and a Construction Quality Assurance Report. Other tasks include: pipeline and supervisory control and data acquisition construction materials inventory and approval; pipeline construction oversight; installation documentation including location and depth of pipeline; survey of pipeline appurtenances (cleanouts, valves, tracer test stations); and identification of pertinent information to City staff in a timely manner. SCS Engineers was selected to perform this work because this firm designed the KDHE approved remediation system. The company, SCS Engineers, is well qualified to perform the work and has worked with the City on other aspects of the NIC Site project. The selection of SCS Engineers was primarily based upon its professional qualifications, knowledge, and pricing for this project.

Financial Considerations: The additional not-to-exceed cost under the amendment is $275,000 for specified work, which will increase the upper limit of the contract from $461,298 to $736,298. The original estimate for this additional scope of work was $389,657 and was negotiated to $275,000. The duration of the contract amendment is through December 31, 2021. These costs are typical for a large environmental cleanup project. The NIC fund includes the NIC Tax Increment Financing allocations and settlements. Funding is available in the approved NIC Operating Budget to cover the cost of these required services.

Legal Considerations: The Law Department has reviewed and approved the contract as to form.

Recommendation/Action: It is recommended that the City Council approve the contract with SCS Engineers and any necessary budget adjustments, and authorize the necessary signatures.

Attachment: Contract amendment.

58

r

CONTRACT AMENDMENT

for

PROFESSIONAL SERVICES

for the

NORTH INDUSTRIAL CORRIDOR SITE PROJECT

Construction Quality Assurance Oversight Services for the North Industrial Corridor Site-wideGroundwater RemedialAction

Project

THIS AMENDMENT entered into this day of 2020, by andbetween the CITY OF WICHITA, KANSAS, a municipal corporation, hereinafter called " CITY", and

Stearns, Conrad and Schmidt Consulting Engineers, Inc., d/ b/a SCS Engineers, 11120 E. 26'" St. N.,Suite 1100 Wichita, KS 67226, Telephone Number( 316) 315- 4501 hereinafter called

CONSULTANT".

WITNESSETH THAT:

WHEREAS, on the 12* day of July 2013, the above-named parties entered into acontract for Professional Services( CONTRACT) to conduct activities associated with the Remedial

Design( RD) of the Interim Groundwater Remediation of the North Industrial Corridor( NIC) site per

the March 28, 2012 Corrective Action Decision( CAD) issued by the Kansas Department of Health andEnvironment( KDHE).

WHEREAS, the CITY is required under a November 14, 1995 Settlement Agreementbetween the CITY and the KDHE to provide a RD and implement appropriate Remedial Actions to

address the site-wide groundwater contamination within the North Industrial Corridor( NIC) Site;

WHEREAS, KDHE approved the RD to address the site- wide groundwater

contamination on September 5, 2018;

WHEREAS, the CITY is awarding the installation of the Remedial Action componentsprimarily consisting of four groundwater extraction wells and approximately 29,000 feet of pipeline tovarious contractors;

WHEREAS, the scope of work required by the City has expanded beyond that set forth inthe July 12, 2013 Contract for Professional Services;

WHEREAS, the CITY wishes to have to installation of the Remedial Action components

supervised and documented by the firm that designed the system( CONSULTANT); hereafter called thePROJECT', and

WHEREAS, CONSULTANT has submitted a Scope of Work most beneficial to the

CITY and is ready, willing, and able to provide the commodities and/or services required by the CITY.

59

r_


1. Scope of Services. CONSULTANT shall provide to the CITY all those commodities

and/or services specified in its Scope of Services, provided as Exhibit B.

The CONSULTANT shall supervise and document the installation of the groundwater conveyance

pipeline per the requirements identified in Exhibit B and produce final" As Built" construction plans for

the installed system.

The final" As Built" construction plans and installation documentation will be provided to the

CITY for transmittal to KDHE upon completion of the PROJECT and will be signed and sealed by aKansas Licensed Professional Engineer. The vendor shall submit three paper copies and four

electronic( CD) copies to the CITY. The City will provide one copy of each to the KDHE.

When requested by the CITY, the CONSULTANT will enter into a Supplemental Agreement foradditional services related to the PROJECT such as, but not limited to:

a. Consultant or witness for the CITY in any litigation, administrative hearing, or otherlegal proceedings related to the PROJECT.

b. Additional design services not covered by the scope of this Agreement.

C. A change in the Scope of Services for the PROJECT.

In the event of a change in the Scope of Services for the Project, caused by an act or omission ofCITY, or error or change in the information provided by the CITY, or change in law, or event of forcemajeure, or if additional services should be necessary, the CONSULTANT will be given written noticeby the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee forperformance of such additions. No additional services will be performed nor will additional

compensation be paid except on the basis of a Supplemental Agreement duly entered into by bothparties.

2. Compensation. CITY agrees to pay CONSULTANT as a not- to-exceed fee of275,000 to complete the Scope of Work as identified in EXHIBIT B. Fees shall be issued in

accordance with EXHIBIT B.

Monthly invoices will be submitted by the CONSULTANT to CITY covering services performedand expenses incurred during the preceding month. Invoices will briefly describe the work completedduring the invoice period and provide an estimated percentage completed to date for the PROJECT.Invoices will state the amount of fee to be paid for the invoiced period. Invoices will identify an estimatedpercentage of work remaining and the remaining funds in the contract. Each invoice shall be accompaniedby a cover letter which provides a brief description( up to a paragraph) of each major work componentpipeline installation, vault installation, inventory review, etc.) completed during the invoice period.

Invoices are due 30 days after receipt. In the event a portion of CONSULTANT' S invoice is disputed byCITY, the undisputed portion shall be paid by CITY by the due date. CITY shall advise CONSULTANTin writing of the disputed portion of any invoice.

3. Term. The term of this contract shall be through December 31, 2021, with options to

extend the contract date in the event of construction delays or force majeure events.

2

60

This contract is subject to cancellation by the CITY, at its discretion at any time within theoriginal contract term or within any extension, upon thirty( 30) days written notice toCONSULTANT.


a. CONSULTANT shall save and hold the CITY harmless against all suits, claims,

damages and losses for injuries to persons or property or other liability loss arising from or caused byerrors, omissions or negligent acts of CONSULTANT, its officers, agents, servants, or employees,

occurring in the performance of its services under this Contract, or arising from any defect in thematerials or workmanship of any product provided in the performance of this Contract.

b. CONSULTANT will carry insurance coverage during the term of this contract and anyextensions thereof in the amounts and manner provided as follows:

1. Commercial General Liability coveringpremises-- operations, xcuexplosion, collapse and underground) hazards, 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

3

61

2. Automobile Liability- Comprehensive Form including all owned, hired andnon-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 DamageLiability( Combined Single Limit) 500,000 each accident

3. Workers' Compensation to meet

Statutory requirements

4. Employers Liability in100,000 Each Accident

Minimum limits of: 500,000 Aggregate

100,000 Occupational Disease

The insurance Certificate must contain the following:

The City of Wichita shall be added as primary and non-contributory additional insured. The policyshall also provide coverage for CONTRACTOR' S contractual obligations created in this Agreement.

Coverage shall be the greater of the requirements stated here or the contractor' s existing policy.

5. Independent CONSULTANT. The relationship of the CONSULTANT to the CITY willbe that of an independent contractor. No employee or agent of the CONSULTANT shall be considered

an employee of the CITY.

6. Compliance with Laws. CONSULTANT shall comply with all Kansas laws, statutesand ordinances which may pertain to the providing of services under this Contract.

7. No Assignment. The services to be provided by the CONSULTANT under this Contractare personal and cannot be assigned, sublet or transferred without the specific written consent of the

CITY.

8. Third Party Exclusion. This Agreement is intended solely for the Benefit of CITY andCONSULTANT and is not intended to benefit, either directly or indirectly, any third pay or member( s)of the public at large. No third party may sue for damages based on the terms or performance of thisAgreement.

Unless otherwise noted above, all other terms of the original CONTRACT shall remain in force for the

duration of this First Amendment.

IN WITNESS WHEREOF, the parties have set their hands the day and year first abovewritten.

ATTEST: CITY OF WICHITA, KANSAS

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rn •

Karen Sublett Brandon J. Whipple Date

City Clerk Mayor

APPROVED AS TO FORM: SCS ENGINEERS

A X- frkI""Jennifer Magana Signature Date

City Attorney& Director of Law

Print Name

Title (President or Corporate Officer)

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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, bywhatever term identified herein, shall comply with the followingNon- Discrimination-- Equal Employment Opportunity/Affirmative Action ProgramRequirements:

A. During the performance of this contract, the contractor, subcontractor, Contractor or supplier ofthe City, or any of its agencies, shall comply with all the provisions of the Civil Rights Act of1964, as amended: The Equal Employment Opportunity Act of 1972; Presidential ExecutiveOrders 11246, 11 375, 11131; Part 60 ofTitle 41 of the Code of Federal Regulations; the AgeDiscrimination 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 anyperson 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 phraseto be approved by theKansas Human Rights Commission";

3. If the contractor fails to comply with the manner in which the contractor reports to theKansas Human Rights Commission" in accordance withthe provisions of K. S. A. 1976

Supp. 44- 1031, as amended, the contractor shall be deemed to have breached thiscontract and it may be canceled, terminated or suspended in whole or in part by thecontracting agency;

4. If the contractor is found guilty of a violation of the Kansas Act againstDiscrimination 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 thecontracting agency;

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I .

5. The contractor shall include the provisions of Paragraphs I through 4 inclusive, of

this Subsection B, in every subcontract or purchase so that such provisions will bebinding upon such subcontractor orContractor.

C. Requirements of the City of Wichita, Kansas, relating to Non-Discrimination-- EqualEmployment 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 limitedto employment, upgrading, demotion or transfer, recruitment or recruitment advertising,layoff or termination, rates of pay or other forms of compensation, and selection fortraining, including apprenticeship. The contractor, supplier, contractor or subcontractorshall submit an Equal Employment Opportunity or Affirmative Action Program, whenrequired, to the Department of Finance of the City of Wichita, Kansas, in accordancewith 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 exceptwhere age is a bona fide occupational qualification", national origin or ancestry. In allsolicitations or advertisements for employees the Contractor, supplier, contractor or

subcontractor shall include the phrase, " Equal Opportunity Employer", or a similarphrase;

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 ofinvestigation 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 orit 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 wholeor in part by the City or its agency; and further Civil Rights complaints, or investigationsmay be referred to the State;

4. The Contractor, supplier, contractor or subcontractor shall include the provisions of

Subsections I through 3 inclusive, of this present sectionin every subcontract,subpurchase order or subagreement so that such provisions will be binding upon eachsubcontractor, subcontractor or subsupplier.

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5. If the contractor fails to comply with the manner in which the contractor reports to theDepartment 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 thecontracting 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 thanfive thousand dollars($ 5, 000) during the fiscal year of said City are exempt from anyfurther Equal Employment

2. Opportunity or Affirmative Action Program submittal.

3. Those Contractors, suppliers, contractors or subcontractors who have already compliedwith the provisions set forth in this section by reason of holding a contract with theFederal 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.

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EXHIBIT B

SCOPE OF WORK AND DELIVERABLES

Construction Quality Assurance Oversight Services for the North Industrial CorridorSite-wide Groundwater Remedial Action

Project

The following is the project scope of work to perform Construction Quality AssuranceCQA) for the installation of approximately 30,000 feet of HDPE ( or equivalent) pipe

along with various fittings, valves, vaults, restoration activities, engineering approvals,meetings, etc. typical of similar projects of this nature and in conformance with the

project documents. The CQA effort will include tests and observations of the site before,

during, and after construction activities. The CQA effort will be based on the followingdocuments: " Remedial Design Final Interim Groundwater Remediation" design plan set,

Engineering Specifications, North Industrial Corridor Interim GroundwaterRemediation," and " Construction Quality Assurance Plan, City of Wichita NorthIndustrial Corridor Interim Remedial Measures Project." The following sections detailthe scope of work that will be employed to compile a well-documented report and as-

built drawing set.

Pre-bidding and Bid Assistance - These activities were performed prior to bid awardand include: pre- bid meetings, addendum assistance, pre-approvals of alternative

materials, development of addendum materials, revisions to specifications, and agency

and City interdepartmental correspondence.

Pre-Construction Activities — to be conducted during the Notice to Proceed withProcurement Phases for the Pipeline Installation and the SCADA

Installation/ implementation. Currently, the Pipeline Installation procurement phase is setat 60 calendar days.

Engineers review of contractor shop drawings and manufacturerspecifications submittals for approval, conditional acceptance, orrejection. Assumes one submittal review and review of resubmittalsper material/ bid item.

o Pipe and pipe fittingso Vault construction

o Vault lids

o Valves and valve stems

o Tracer wire and anode blocks

o Conduit

o Others as required for construction or as necessary for alternativematerials or procedures.

Pre-Construction Meeting with CITY and its Pipeline Contractor, subsReview traffic control plan

Site review

o Observe and record ( pictures/video) of existing conditionalsalong final alignment prior to construction to document proper

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restoration after construction.

o Observe and record ( pictures/video) of existing storage areaprior to delivery of materials to document proper restorationafter construction.

o Account of stored materials

Construction Activities—to be conducted during the Notice to Proceed withConstruction Phases for the Pipeline Installation and SCADA Installation/

Implementation. Currently, the Pipeline Installation construction phase is set for 270calendar days for substantial completion and a total of 300 calendar days to achievefinal completion.

Attend Contractor meetings and relay pertinent information to Owner( ifnotpresent). Assumes one meeting perweek.

o Daily observations and records in accordance with KDHE approved CQAPlan Length and diameter of pipe installed for estimating pay item

o Bid item installations/percent complete by Contractor( e. g. valves, valvevaults, flow meters, control panel pads, cleanouts, etc.)

o SCADA and telemetry systems installation by Pedrottio Note working and non- working days

Contractor recommendations/directives( as needed)

o Thrust blocks

o Air release valves

o Unforeseen circumstances( may require coordination with City and/or otheragencies)

Observe and record tests conducted by Contractoro Pressure tests

o Compaction tests

o Systems tests( by Pedrotti)Record location and elevation/ depth points ofpipeline

o Location and depth information provided by Contractor ( Contractor shall notethe information on the surface or may be directly recorded with CQA technicianif present at the time of survey)

Assumes SCS can identify points in the field created byContractor.

Assumes points are identified every 30 feet and at criticaljunctions( bends, wyes, connections, etc. as marked byContractor)

Assumes up to one survey per week.SCS to survey locations of pipeline appurtenances along the alignment ( i. e. cleanouts,valves, and tracer test stations). Note: surveys will be engineering surveys with accuracy of

0.01 foot horizontal and± 0. 1 foot vertical. Observe and record restoration activities

Measure drives, road, sidewalk, soil/seeding for estimating pay itemsDevelop construction punch list for items to install, repair, or finalize

o Assumes two field visits by the Engineer— one visit to compile the punch list andone visit to perform a punch list check-off.

Review Contractor payment applications

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Post-Construction Activities

Provide City and Contractor a Construction Completion Certification.Compile and develop as-built documentation of the well installations ( CQAperformed by City and documentation supplied to SCS as a PDF for insertion asappendices) and pipeline and systems installation( CQA performed by SCS).Develop a CQA Report signed and sealed by a Kansas- licensed Professional Engineer.

o CQA Report

Summary of construction including significant deviations from thedesign

Installed materials information/specifications

Testing data and resultsPhotologs

o As- built drawing setPlan view with depth to pipe noted at intervals of at least one per

block

Locations of extraction wells, vaults, cleanouts,

valves, and other appurtenances

Details of extraction wells, vaults, cleanouts, valves,

and other appurtenances

Other Assumptions

System start-up, testing, troubleshooting, and/ or any other activitiesrelated to system commissioning is not included in the CQA scope ofwork.

270 working days for construction activitiesWorking day is defined as a day in which Contractor is activelyconstructing the pipeline or SCADA system.No significant contractor delays. Generally, significant delays will bedefined as delays caused by the Contractor that, as a result of the delay,cause SCS' s onsite representative to be on site longer than 10 hours in

any single day, more than 48 hours in a single week, or more than 270days for the project duration.

No significant deviations from the design documents or CQA Plan

SCOPE CHANGES

CITY and CONSULTANT have agreed to a not- to-exceed value of

275, 000 to complete the CQA activities discussed above. Any changes in scope will becommunicated with CITY and, upon discussion, may result in negotiation of additionalcompensation. Additional compensation will be billed on a time and materials basis,

based on the attached fee schedule provided as Exhibit B— Table 1.

INVOICING

Invoicing will be issued on a monthly basis and will be based upon CONSULTANT' Sbest estimate of percentage complete. All of the above work shall be performed under

the not-to-exceed value of $275, 000 unless a specific written agreement between the

CITY and CONSULTANT has been negotiated for additional work efforts.

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DELIVERABLES

1) CONSULTANT will have appropriately qualified staff in the field duringpipeline installation and SCADA construction activities

2) CONSULTANT will perform the documentation and monitoring efforts asdescribed in the Pre-Construction and Construction Activities above.

3) CONSULTANT will deliver the CQA Report and As-Built Construction

Drawings as described in the Post-Construction Activities Above.

SCHEDULE

The anticipated schedule for this project is as noted below.

Pipeline Pre-Construction Activities. Extends from the Notice to Proceed with

Procurement issued to Pipeline Installation Contractor until the Notice to Proceed with

Construction Activities issued to the Pipeline Installation Contractor. Currently, theduration is scheduled to be 60 calendar days.

Pipeline Construction Activities. Will coincide with the Notice to Proceed with

Construction Activities issued to the Pipeline Installation Contractor until Final

Completion of the Pipeline Installation is achieved. Currently, the duration isscheduled to be 300 calendar days. Typical work hours for the Pipeline Installation

contractor is Monday through Friday between 7 AM and 5 PM. Allowances will bemade for special circumstances to minimize traffic disruption or facilitate criticalinstallation efforts.

CQA Report and As-Built Construction Drawings. Draft versions of the CQAReport and As- Built Construction Drawings shall be submitted to the CITY within 90

days of Final Completion of the Pipeline installation. Final versions of same shall be

submitted to the CITY within 30 days of receipt of review comments( if any) from theCITY.

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EXHIBIT B— TABLE 1

2020 STANDARD FEE SCHEDULE

Labor Category Rate

Senior Project Advisor. 225

Senior Project Director 200

Project Director 185

Project Advisor 175

Senior Project Manager 165

Project Manager 145

Senior Project Professional 130

Project Professional 115

Staff Professional 105

Associate Professional 95

Designer 85

CADD/Graphics 70

Senior Technician 75

Technician 65

Project Administrator 85

Administrative Assistant 60

Note: Increase hourly rate by 1. 5 for Saturday, Sunday, and holidaywork or off-shift work when required byclient.

Printing Services24- inch by 36- inch plots 25.00 each

36- inch by 48- inch plots 25.00 each

Additional Report Copies( varies depending on report) 25.00-$ 50.00 per report

Support Vehicles

Support Vehicle 0.70 per mile

SCS Support Truck 40.00 per day plus$ 0. 70per mile

SCS Support Truck with Trailer 60.00 per day plus$ 0.85 per mileSCS Utility Truck. 60. 00 per day plus$ 0.70 per mileRental Vehicle Cost plus 15%

Per Diem and Travel

Hotel, Airfare Cost plus 15%

Full- Day Meal Allowance 46. 00 per dayHalf-Day Meal Allowance. 23. 00 per day

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Field Equipment and Supplies

Track-mounted Geoprobe® 750.00 per dayAll Terrain Vehicle( ATV/UTV) 75. 00 per dayField Sampling Trailer. 350.00 per dayGPS Surveying System 225.00 per dayTotal Station Survey Equipment 120.00 per dayMisc. Survey Tools/Equipment 10.00 per.dayNuclear Density Gauge. 100.00 per dayPhotoionization Detector ( PID) 100.00 per.dayWater Level Indicator(< 300 foot) 30.00 per dayOil/ Water Interface Probe 60.00 per daypH/Temperature/Conductivity Meter( for water) 20.00 per.dayPeristaltic Pump. 40.00.per dayHand Augers( 10- foot). 15. 00 per dayMeasuring Tape/ Wheel. 5. 00 per dayHand-held GPS Unit. 25. 00 per dayGenerator 75. 00 per dayAir Compressor( 5 gallon). 25. 00 per dayElectro fusion Machine 120.00 per dayFlow-Thru Multi-Parameter Meter. 150. 00 per dayTurbidimeter 35 per dayComposite Sampler 75 per dayQED Pump Controller 100 per dayGEM 2000 150 per dayFlow Probe( 15- foot) 15 per dayDigital Camera 10 per dayExpendable Equipment, Supplies& Rentals Cost+ 15%

General Terms

1. Schedule rates are effective through December 31. 2020. Work performedthereafter is subject to a new Fee Schedule.

2. Costs for sub-consultants, subcontractors, job-related employee travel andsubsistence, equipment, supplies, and other direct costs are billed at cost plus

a 15 percent administration fee.

3. A communication fee of 1 percent of project labor will be charged for

telephone, copying, postage, IT, and similar project production costs.

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Agenda Item No. II-4c


September 1, 2020


SUBJECT: Friendship and Sherwood Glen Playgrounds Vendor Selection (Districts III andVI)


AGENDA: Consent

Recommendation: Approve the selection of vendor and contract.

Background: On January 14, 2020, the City Council approved Friendship Park and Sherwood Glen Park improvement projects, which includes rehabilitating the aging Friendship Park playground and construction of a new playground at the recently donated Sherwood Glen Park site. A Request for Proposal (RFP) was prepared to solicit vendors to make these improvements. Proposals for FP203092: Sherwood Glen and Friendship Park Playgrounds were received April 24, 2020. They were reviewed by the Staff Screening and Selection Committee (SSSC) on June 24, and interviews were held virtually on Monday, July 13, and Thursday, July 16, 2020.

Analysis: The RFP was structured to select the best proposal for each site and type of installation. Fourproposals were received, and each vendor was interviewed for at least one of the park playgrounds. PlayPower LT Farmington, Inc. submitted by All Inclusive Rec, LLC was the only playground vendor the committee chose to interview for both projects. The Friendship Park playground proposal includes a tall tower and slide system, which will become the tallest tower and slide combination within the park system. Its uniqueness will help promote the park and become a signature feature for the neighborhood. The Sherwood Glen playground proposal was different and dynamic, with creative play features. Discussion is continuing regarding the possibility of substituting swings for one of the proposed play features to satisfy a request from the neighborhood. The committee felt that the creative designs, quality of equipment and overall proposals were the best choices for both parks.

Both playgrounds will receive poured-in-place surfacing by a separate contractor using future playground funds.

Financial Considerations: The contract has been prepared with PlayPower LT Farmington, Inc. for $182,000 for Friendship Park, and $131,000 for Sherwood Glen Park. The 2019-2028 Adopted Capital Improvement Program includes $187,500 for Friendship Park and $150,000 for Sherwood Glen Park in General Obligation bond funding in 2020.

Legal Considerations: The contract has been reviewed and approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council approve the selection of PlayPower LT Farmington, Inc. for Friendship and Sherwood Glen park playgrounds, approve the contract and authorize the necessary signatures.

Attachment: Contract.

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Agenda Item No. II-6aCity of Wichita

City Council MeetingSeptember 1, 2020

TO: Mayor and City Council Members

SUBJECT: Repair or Removal of Dangerous and Unsafe Structures(District I, III, IV and VI)

INITIATED BY: Metropolitan Area Building and Construction Department

AGENDA: Consent_____________________________________________________________________________________

Recommendations: Adopt the resolutions scheduling public hearings to consider condemnation of structures deemed dangerous and unsafe per Kansas State Statutes.

Background: On August 3, 2020, the Board of Building Code Standards and Appeals (BBCSA) conducted hearings on the properties listed below. The buildings on these properties are considered dangerous and unsafe structures per State Statutes and local ordinances, and are being presented in order to schedule condemnation hearings before the City Council. The BBCSA has recommended that the City Council proceed with condemnation, demolition and removal of the dangerous buildings on these properties.

Analysis: Minimum Housing Code violation notices have been issued on the structures; however, compliance has not been achieved. Pre-condemnation and formal condemnation letters have also been issued, and the time granted for repair or removal has expired. No actions have been taken by the property owners and/or other interested parties to complete required building repairs or to remove the dangerous buildings.

Property Address Council Districta. 812 N. Mathewson Ave Ib. 1320 S. Pattie Ave Ic. 1370 S. Bluffview Dr IIId. 2874 S. Davidson St IIIe. 1218 W. Figg St (far rear structure) IVf. 1222 S. Martinson Ave IVg. 813 N. Water St VI

Financial Considerations: Structures condemned as dangerous buildings are demolished with funds from the Metropolitan Area Building and Construction Department (MABCD) Special Revenue Fund. This budget is supplemented by an annual allocation of Community Development Block Grant funds for demolition of structures located within the designated Neighborhood Reinvestment Area. Owners of condemned structures demolished by the City are billed for the contractual costs of demolition, plus an additional five hundred dollar ($500) charge to cover associated costs of the condemnation and other associated costs. If the property owner fails to pay, these charges are recorded as a special property tax assessment against the property.

Legal Considerations: The Law Department has reviewed and approved the resolutions as to form.

Recommendations/Actions: It is recommended that the City Council adopt the attached resolutions to schedule public hearings before the City Council on October 20, 2020 at 9:30 a.m. or soon thereafter, to consider condemnation of structures deemed dangerous and unsafe per Kansas State Statutes and local ordinances.

Attachments: Letters to Council, summaries, and resolutions.

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GROUP # 2 NOTICE OF DEMOLITION ACTION

This is to certify that the property located at 812 N. MATHEWSON AVE and legally described as: BEGINNING 150 FEET NORTH OF THE NE INTERSECTION OF OAK STREET, NOW MURDOCK AVENUE, WITH ALLEN AVENUE, NOW MATHEWSON AVENUE, THENCE EAST 140 FEET; THENCE NORTH 50 FEET; THENCE WEST 140 FEET; THENCE SOUTH 50 FEET TO THE PLACE OF BEGINNING; ALL IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS, is the subject of a demolition action by the City of Wichita, Kansas, under the provisions of Section 18.16 of the Code of the City of Wichita. Unless certain improvements to the structure(s) located thereon are commenced and completed by October 20, 2020 such structures are subject to being demolished and the costs associated therewith charged, as a lien, against the above-described real property.

__________________________________________________________________Christopher Labrum, Director, Metropolitan Area Building and Construction Department

City of WichitaSTATE OF KANSAS )

) ss:SEDGWICK COUNTY)

BE IT REMEMBERED, That on this ______day of _______________________, 2020, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Christopher Labrum, Director of Metropolitan Area Building and Construction Department, City of Wichita, personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal; the day and year last above written.

_______________________________________Notary Public

My Appointment Expires:_____________________

Return to: MABCD 271 W. 3rd N. #301Wichita, KS 67202Mailstop #1-72 / Attention P.Bohannon

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TO: The Mayor and City Council Wichita, Kansas

RE: Statement of Dangerous or Unsafe Structure

The following described structure is in a dangerous or unsafe condition:

(a) Description of Structure: A one story frame dwelling about 31 x 34 feet in size. Vacant for at least 2 years, this structure has a shifting and cracking block foundation with missing blocks; broken and missing composition siding; dilapidated front porch; and deteriorated wood trim.

(b) Street Address: 812 N. MATHEWSON AVE

(c) Owners: Jerry B. Funkhouser Sr6358 Desert Knoll AveTwentynine Palms, CA 92277-2741

(d) Resident Agent: None

(e) Occupant: None

(f) Lienholders of Record:Kelly Arnold, County Clerk525 N. Main Suite 211Wichita, KS 67203

(g) Mortgage Holder(s): None

(h) Interested Parties: None

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DATE: August 11, 2020

CDM SUMMARY

COUNCIL DISTRICT # I

ADDRESS: 812 N. MATHEWSON AVE

LEGAL DESCRIPTION: BEGINNING 150 FEET NORTH OF THE NE INTERSECTION OF OAK STREET, NOW MURDOCK AVENUE, WITH ALLEN AVENUE, NOW MATHEWSON AVENUE, THENCE EAST 140 FEET; THENCE NORTH 50 FEET; THENCE WEST 140 FEET; THENCE SOUTH 50 FEET TO THE PLACE OF BEGINNING; ALL IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS

DESCRIPTION OF STRUCTURE: A one story frame dwelling about 31 x 34 feet in size. Vacant for at least 2 years, this structure has a shifting and cracking block foundation with missing blocks; broken and missing composition siding; dilapidated front porch; and deteriorated wood trim.

Description of dangerous or unsafe condition(s): The property is found to be dangerous and unsafe because of the following conditions:

A. Those, which have been damaged by fire, wind, want of repair, or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city.

B. The structure fails to provide the necessities to decent living, which makes it, unfit for human habitation.

C. Those whose use, equipment or want of good housekeeping constitutes a decided fire or safety hazard to the property itself or its occupants or which presents a decided fire or safety hazards to surrounding property or a menace to the public safety and general welfare.

City Ordinance states that any one of the above categories is just cause to declare the building a public nuisance and shall be repaired or demolished.

________________________________________________________ ____________ Director of Metropolitan Area Building and Construction Department DateEnforcing Officer

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OCA: 230200

_______________PUBLISHED IN THE WICHITA EAGLE ON_______________RESOLUTION NO. ______

A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: BEGINNING 150 FEET NORTH OF THE NE INTERSECTION OF OAK STREET, NOW MURDOCK AVENUE, WITH ALLEN AVENUE, NOW MATHEWSON AVENUE, THENCE EAST 140 FEET; THENCE NORTH 50 FEET; THENCEWEST 140 FEET; THENCE SOUTH 50 FEET TO THE PLACE OF BEGINNING; ALL IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS COMMONLY KNOWN AS 812 N. MATHEWSON AVE MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED ASA DANGEROUS STRUCTURE.

WHEREAS, the enforcing officer of the City of Wichita, Kansas, did on the 1st day of September 2020, file with the governing body of said city, a statement in writing that certain structure(s), hereinafter described, is unsafe or dangerous.

NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at BEGINNING 150 FEET NORTH OF THE NE INTERSECTION OF OAK STREET, NOW MURDOCK AVENUE, WITH ALLEN AVENUE, NOW MATHEWSON AVENUE, THENCE EAST 140 FEET; THENCE NORTH 50 FEET; THENCE WEST 140 FEET; THENCE SOUTH 50 FEET TO THE PLACE OF BEGINNING; ALL IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS, commonly known as: 812 N. MATHEWSON AVE, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 31 x 34 feet in size. Vacant for at least 2 years, this structure has a shifting and cracking block foundation with missing blocks; broken and missing composition siding; dilapidated front porch; and deteriorated wood trim.

Be it further resolved that the City Clerk shall cause this Resolution to be published and shall give notice of the aforesaid hearing in the manner provided by K.S.A. 12-1752.

Adopted this 1st day of September 2020.

_________________________________Brandon J. Whipple, Mayor

(SEAL)

ATTEST:_______________________ Karen Sublett, City Clerk

Approved as to form:

____________________________________________Jennifer L. Magana, City Attorney and Director of Law

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This is to certify that the property located at 1320 S. PATTIE AVE and legally described as: LOTS 62 AND 64, ON PATTIE AVENUE, LINCOLN STREET ADDITION TO THE CITY OF WICHITA, KANSAS, SEDGWICK COUNTY, KANSAS, is the subject of a demolition action by the City of Wichita, Kansas, under the provisions of Section 18.16 of the Code of the City of Wichita. Unless certain improvements to the structure(s) located thereon are commenced and completed by October 20, 2020 such structures are subject to being demolished and the costs associated therewith charged, as a lien, against the above-described real property.






_______________________________________Notary Public



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(a) Description of Structure: A one and one half story frame dwelling about 56 x 25 feet in size. Vacant, this structure has a shifting and cracking foundation; damaged and missing wood lap siding; badly worn and sagging composition roof with holes; deteriorated front porch; rotted and exposed wood trim and framing members; and the 18 x 24 foot accessory structure is deteriorated.

(b) Street Address: 1320 S. PATTIE AVE

(c) Owners: Hoyt L. Armstrong Gary C. ArmstrongPOST ON PROPERTY


(e) Occupant: None




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CDM SUMMARY

COUNCIL DISTRICT # I

ADDRESS: 1320 S. PATTIE AVE

LEGAL DESCRIPTION: LOTS 62 AND 64, ON PATTIE AVENUE, LINCOLN STREET ADDITION TO THE CITY OF WICHITA, KANSAS, SEDGWICK COUNTY, KANSAS

DESCRIPTION OF STRUCTURE: A one and one half story frame dwelling about 56 x 25 feet in size. Vacant, this structure has a shifting and cracking foundation; damaged and missing wood lap siding; badly worn and sagging composition roof with holes; deteriorated front porch; rotted and exposed wood trim and framing members; and the 18 x 24 foot accessory structure is deteriorated.







90

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOTS 62 AND 64, ON PATTIE AVENUE, LINCOLN STREET ADDITION TO THE CITY OF WICHITA, KANSAS, SEDGWICK COUNTY, KANSAS COMMONLY KNOWN AS 1320 S. PATTIE AVE MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOTS 62 AND 64, ON PATTIE AVENUE, LINCOLN STREET ADDITION TO THE CITY OF WICHITA, KANSAS, SEDGWICK COUNTY, KANSAS, commonly known as: 1320 S. PATTIE AVE, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one and one half story frame dwelling about 56 x 25 feet in size. Vacant, this structure has a shifting and cracking foundation; damaged and missing wood lap siding; badly worn and sagging composition roof with holes; deteriorated front porch; rotted and exposed wood trim and framing members; and the 18 x 24 foot accessory structure is deteriorated.



__________________________________Brandon J. Whipple, Mayor

(SEAL)




91

GROUP # 2

NOTICE OF DEMOLITION ACTION

This is to certify that the property located at 1370 S. BLUFFVIEW DR and legally described as: LOT 5, BLOCK G, HILLTOP MANOR, A RE-PLAT OF PARTS OF HILLTOP MANOR AND HILLTOP MANOR 2ND. ADDITION, BEING A SUBDIVISION IN SECTION 26, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH. PRINCIPAL MERIDIAN, IN SEDGWICK COUNTY, KANSAS, is the subject of a demolition action by the City of Wichita, Kansas, under the provisions of Section 18.16 of the Code of the City of Wichita. Unless certain improvements to the structure(s) located thereon are commenced and completed by October 20, 2020 such structures are subject to being demolished and the costs associated therewith charged, as a lien, against the above-described realproperty.






_______________________________________Notary Public



92




(a) Description of Structure: A one story frame dwelling about 24 x 28 feet in size. Vacant, this structure has been damaged by fire. It has missing asbestos siding; sagging and collapsing composition roof with holes; fire damaged rear porch; fire damaged framing members; and the 10 x 10 and 8 x 8 foot accessory structures are deteriorated.

(b) Street Address: 1370 S. BLUFFVIEW DR

(c) Owners: Ronald Dean Goens ETAL1545 W. Wigwam Pkwy Apt 1028Henderson, NV 89074


(e) Occupant: None


Kansas Housing Resources Corporation611 S. Kansas Ave #3Topeka, KS 66603



93


CDM SUMMARY

COUNCIL DISTRICT # III

ADDRESS: 1370 S. BLUFFVIEW DR

LEGAL DESCRIPTION: LOT 5, BLOCK G, HILLTOP MANOR, A RE-PLAT OF PARTS OF HILLTOP MANOR AND HILLTOP MANOR 2ND. ADDITION, BEING A SUBDIVISION IN SECTION 26, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH. PRINCIPAL MERIDIAN, IN SEDGWICK COUNTY, KANSAS

DESCRIPTION OF STRUCTURE: A one story frame dwelling about 24 x 28 feet in size. Vacant, this structure has been damaged by fire. It has missing asbestos siding; sagging and collapsing composition roof with holes; fire damaged rear porch; fire damaged framing members; and the 10 x 10 and 8 x 8 foot accessory structures are deteriorated.




C. The building has parts, which are so attached that they may fall and injure other property or the public.

D. Those whose use, equipment or want of good housekeeping constitutes a decided fire or safety hazard to the property itself or its occupants or which presents a decided fire or safety hazards to surrounding property or a menace to the public safety and general welfare.



94

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOT 5, BLOCK G, HILLTOP MANOR, A RE-PLAT OF PARTS OF HILLTOP MANOR AND HILLTOP MANOR 2ND. ADDITION, BEING A SUBDIVISION IN SECTION 26, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH. PRINCIPAL MERIDIAN, IN SEDGWICK COUNTY, KANSAS COMMONLY KNOWN AS 1370 S. BLUFFVIEW DR MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOT 5, BLOCK G, HILLTOP MANOR, A RE-PLAT OF PARTS OF HILLTOP MANOR AND HILLTOP MANOR 2ND. ADDITION, BEING A SUBDIVISION IN SECTION 26, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH. PRINCIPAL MERIDIAN, IN SEDGWICK COUNTY, KANSAS, commonly known as: 1370 S. BLUFFVIEW DR, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 24 x 28 feet in size. Vacant, this structure has been damaged by fire. It has missing asbestos siding; sagging and collapsing composition roof with holes; fire damaged rear porch; fire damaged framing members; and the 10 x 10 and 8 x 8 foot accessory structures are deteriorated.




(SEAL)




95

GROUP # 2


This is to certify that the property located at 2874 S. DAVIDSON ST and legally described as: LOT 32, BLOCK B, IN PLAINVIEW, SUBDIVISION NO. 2, IN SECTION 2, TOWNSHIP 28 SOUTH, RANGE 1 EAST, SEDGWICK COUNTY, KANSAS - NOTE ADDITION SHOULD BE PLANEVIEW, is the subject of a demolition action by the City of Wichita, Kansas, under the provisions of Section 18.16 of the Code of the City of Wichita. Unless certain improvements to the structure(s) located thereon are commenced and completed by October 20, 2020 such structures are subject to being demolished and the costs associated therewith charged, as a lien, against the above-described real property.






_______________________________________Notary Public



96




(a) Description of Structure: A one story frame dwelling about 34 x 38 feet in size. Vacant for at least 11 months, this structure has been badly damaged by fire. It has fire damaged and missing siding; sagging and collapsing fire damaged roof; deteriorated front porch; and the wood trim and framing members have been fire damaged.

(b) Street Address: 2874 S. DAVIDSON ST

(c) Owners: Randall R. Bryan Rev TrPO Box 20544Wichita, KS 67208-6544


(e) Occupant: None




97


CDM SUMMARY

COUNCIL DISTRICT # III

ADDRESS: 2874 S. DAVIDSON ST

LEGAL DESCRIPTION: LOT 32, BLOCK B, IN PLAINVIEW, SUBDIVISION NO. 2, IN SECTION 2, TOWNSHIP 28 SOUTH, RANGE 1 EAST, SEDGWICK COUNTY, KANSAS - NOTE ADDITION SHOULD BE PLANEVIEW

DESCRIPTION OF STRUCTURE: A one story frame dwelling about 34 x 38 feet in size. Vacant for at least 11 months, this structure has been badly damaged by fire. It has fire damaged and missing siding; sagging and collapsing fire damaged roof; deteriorated front porch; and the wood trim and framing members have been fire damaged.




C. The building has parts, which are so attached that they may fall and injure other property or the public.

D. Those whose use, equipment or want of good housekeeping constitutes a decided fire or safety hazard to the property itself or its occupants or which presents a decided fire or safety hazards to surrounding property or a menace to the public safety and general welfare.



98

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THEGOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOT 32, BLOCK B, IN PLAINVIEW, SUBDIVISION NO. 2, IN SECTION 2, TOWNSHIP 28 SOUTH, RANGE 1 EAST, SEDGWICK COUNTY, KANSAS - NOTE ADDITION SHOULD BE PLANEVIEW COMMONLY KNOWN AS 2874 S. DAVIDSON ST MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOT 32, BLOCK B, IN PLAINVIEW, SUBDIVISION NO. 2, IN SECTION 2, TOWNSHIP 28 SOUTH, RANGE 1 EAST, SEDGWICK COUNTY, KANSAS - NOTE ADDITION SHOULD BE PLANEVIEW, commonly known as: 2874 S. DAVIDSON ST, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 34 x 38 feet in size. Vacant for at least 11 months, this structure has been badly damaged by fire. It has fire damaged and missing siding; sagging and collapsing fire damaged roof; deteriorated front porch; and the wood trim and framing members have been fire damaged.




(SEAL)




99

GROUP # 2


This is to certify that the property located at 1218 W. FIGG ST (FAR REAR STRUCTURE) and legally described as: LOTS 47 AND 48, BLOCK F, EAST UNIVERSITY ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, is the subject of a demolition action by the City of Wichita, Kansas, under the provisions of Section 18.16 of the Code of the City of Wichita. Unless certain improvements to the structure(s) located thereon are commenced and completed by October 20, 2020 such structures are subject to being demolished and the costs associated therewith charged, as a lien, against the above-described real property.






_______________________________________Notary Public



100




(a) Description of Structure: A one story frame dwelling about 28 x 32 feet in size. Vacant, this structure has been badly damaged by fire. It has fire damaged siding; sagging roof with holes; fire damaged front porch; and the wood trim is rotted.

(b) Street Address: 1218 W. FIGG ST (FAR REAR STRUCTURE)

(c) Owners: Mark S. MurrellPOST ON PROPERTY


(e) Occupant: None


W.T. BarnesBette BarnesPOST ON PROPERTY



101


CDM SUMMARY

COUNCIL DISTRICT # IV

ADDRESS: 1218 W. FIGG ST (FAR REAR STRUCTURE)

LEGAL DESCRIPTION: LOTS 47 AND 48, BLOCK F, EAST UNIVERSITY ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS

DESCRIPTION OF STRUCTURE: A one story frame dwelling about 28 x 32 feet in size. Vacant, this structure has been badly damaged by fire. It has fire damaged siding; sagging roof with holes; fire damaged front porch; and the wood trim is rotted.







102

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOTS 47 AND 48, BLOCK F, EAST UNIVERSITY ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS COMMONLYKNOWN AS 1218 W. FIGG ST (FAR REAR STRUCTURE) MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOTS 47 AND 48, BLOCK F, EAST UNIVERSITY ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, commonly known as: 1218 W. FIGG ST (FAR REAR STRUCTURE), may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 28 x 32 feet in size. Vacant, this structure has been badly damaged by fire. It has fire damaged siding; sagging roof with holes; fire damaged front porch; and the wood trim is rotted.




(SEAL)




103

GROUP # 2


This is to certify that the property located at 1222 S. MARTINSON AVE and legally described as: LOTS 18 AND 20, BLOCK 16, REPLAT OF PART OF JOHN MCCORMICK'S ADDITION TO WICHITA, KANSAS, SEDGWICK COUNTY KANSAS, is the subject of a demolition action by the City of Wichita, Kansas, under the provisions of Section 18.16 of the Code of the City of Wichita. Unless certain improvements to the structure(s) located thereon are commenced and completed by October 20, 2020 such structures are subject to being demolished and the costs associated therewith charged, as a lien, against the above-described real property.






_______________________________________Notary Public



104




(a) Description of Structure: A one story frame dwelling about 25 x 25 feet in size. Vacant, this structure has shifting and cracking concrete and block foundation; rotted and missing siding; dilapidated front porch; and the wood trim and framing members are rotted.

(b) Street Address: 1222 S. MARTINSON AVE

(c) Owners: Estella Cornelia AllenPOST ON PROPERTY


(e) Occupant: None




105


CDM SUMMARY

COUNCIL DISTRICT # IV

ADDRESS: 1222 S. MARTINSON AVE

LEGAL DESCRIPTION: LOTS 18 AND 20, BLOCK 16, REPLAT OF PART OF JOHN MCCORMICK'S ADDITION TO WICHITA, KANSAS, SEDGWICK COUNTY KANSAS

DESCRIPTION OF STRUCTURE: A one story frame dwelling about 25 x 25 feet in size. Vacant, this structure has shifting and cracking concrete and block foundation; rotted and missing siding; dilapidated front porch; and the wood trim and framing members are rotted.







106

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOTS 18 AND 20, BLOCK 16, REPLAT OF PART OF JOHN MCCORMICK'S ADDITION TO WICHITA, KANSAS, SEDGWICK COUNTY KANSAS COMMONLY KNOWN AS 1222 S. MARTINSON AVE MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOTS 18 AND 20, BLOCK 16, REPLAT OF PART OF JOHN MCCORMICK'S ADDITION TO WICHITA, KANSAS, SEDGWICK COUNTY KANSAS, commonly known as: 1222 S. MARTINSON AVE, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 25 x 25 feet in size. Vacant, this structure has shifting and cracking concrete and block foundation; rotted and missing siding; dilapidated front porch; and the wood trim and framing members are rotted.

Be it further resolved that the City Clerk shall cause this Resolution to be published and shall give notice of the aforesaidhearing in the manner provided by K.S.A. 12-1752.



(SEAL)




107


This is to certify that the property located at 813 N. WATER ST and legally described as: LOT 99, AND THE NORTH 10 FEET OF LOT 97, ON CHURCH, NOW WATER STREET, IN MUNGER'S ORIGINAL TOWN, NOW CITY OF WICHITA, SEDGWICK COUNTY, KANSAS, is the subject of a demolition action by the City of Wichita, Kansas, under the provisions of Section 18.16 of the Code of the City of Wichita. Unless certain improvements to the structure(s) located thereon are commenced and completed by October 20, 2020 such structures are subject to being demolished and the costs associated therewith charged, as a lien, against the above-described real property.






_______________________________________Notary Public



108




(a) Description of Structure: A one and one half story frame dwelling about 25 x 55 feet in size. Vacant, this structure has been badly damaged by fire. Fire damaged composition roof and siding.

(b) Street Address: 813 N. WATER ST

(c) Owners: Delois Walker Clara Walker MillerPOST ON PROPERTY


(e) Occupant: None


Geeding Law Officesc/o Gary Wallace dba American Gold & Silver Exchange2525 E. CentralWichita, KS 67214

City of WichitaDept of Housing & Economic Development455 N. Main 10th FloorWichita, KS 67202



109


CDM SUMMARY

COUNCIL DISTRICT # VI

ADDRESS: 813 N. WATER ST

LEGAL DESCRIPTION: LOT 99, AND THE NORTH 10 FEET OF LOT 97, ON CHURCH, NOW WATER STREET, IN MUNGER'S ORIGINAL TOWN, NOW CITY OF WICHITA, SEDGWICK COUNTY, KANSAS

DESCRIPTION OF STRUCTURE: A one and one half story frame dwelling about 25 x 55 feet in size. Vacant, this structure has been badly damaged by fire. Fire damaged composition roof and siding.







110

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOT 99, AND THE NORTH 10 FEET OF LOT 97, ON CHURCH, NOW WATER STREET, IN MUNGER'S ORIGINAL TOWN, NOW CITY OF WICHITA, SEDGWICK COUNTY, KANSAS COMMONLY KNOWN AS 813 N. WATER ST MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOT 99, AND THE NORTH 10 FEET OF LOT 97, ON CHURCH, NOW WATER STREET, IN MUNGER'S ORIGINAL TOWN, NOW CITY OF WICHITA, SEDGWICK COUNTY, KANSAS, commonly known as: 813 N. WATER ST, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one and one half story frame dwelling about 25 x 55 feet in size. Vacant, this structure has been badly damaged by fire. Fire damaged composition roof and siding.




(SEAL)




111

OCA: 230200

PUBLISHED IN THE WICHITA EAGLE ON September 4, 2020 and September 11, 2020RESOLUTION NO. 20-260

A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: BEGINNING 150 FEET NORTH OF THE NE INTERSECTION OF OAK STREET, NOW MURDOCK AVENUE, WITH ALLEN AVENUE, NOW MATHEWSON AVENUE, THENCE EAST 140 FEET; THENCE NORTH 50 FEET; THENCEWEST 140 FEET; THENCE SOUTH 50 FEET TO THE PLACE OF BEGINNING; ALL IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS COMMONLY KNOWN AS 812 N. MATHEWSON AVE MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED ASA DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at BEGINNING 150 FEET NORTH OF THE NE INTERSECTION OF OAK STREET, NOW MURDOCK AVENUE, WITH ALLEN AVENUE, NOW MATHEWSON AVENUE, THENCE EAST 140 FEET; THENCE NORTH 50 FEET; THENCE WEST 140 FEET; THENCE SOUTH 50 FEET TO THE PLACE OF BEGINNING; ALL IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH P.M., SEDGWICK COUNTY, KANSAS, commonly known as: 812 N. MATHEWSON AVE, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 31 x 34 feet in size. Vacant for at least 2 years, this structure has a shifting and cracking block foundation with missing blocks; broken and missing composition siding; dilapidated front porch; and deteriorated wood trim.



_________________________________Brandon J. Whipple, Mayor

(SEAL)




112

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOTS 62 AND 64, ON PATTIE AVENUE, LINCOLN STREET ADDITION TO THE CITY OF WICHITA, KANSAS, SEDGWICK COUNTY, KANSAS COMMONLY KNOWN AS 1320 S. PATTIE AVE MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOTS 62 AND 64, ON PATTIE AVENUE, LINCOLN STREET ADDITION TO THE CITY OF WICHITA, KANSAS, SEDGWICK COUNTY, KANSAS, commonly known as: 1320 S. PATTIE AVE, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one and one half story frame dwelling about 56 x 25 feet in size. Vacant, this structure has a shifting and cracking foundation; damaged and missing wood lap siding; badly worn and sagging composition roof with holes; deteriorated front porch; rotted and exposed wood trim and framing members; and the 18 x 24 foot accessory structure is deteriorated.




(SEAL)




113

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOT 5, BLOCK G, HILLTOP MANOR, A RE-PLAT OF PARTS OF HILLTOP MANOR AND HILLTOP MANOR 2ND. ADDITION, BEING A SUBDIVISION IN SECTION 26, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH. PRINCIPAL MERIDIAN, IN SEDGWICK COUNTY, KANSAS COMMONLY KNOWN AS 1370 S. BLUFFVIEW DR MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOT 5, BLOCK G, HILLTOP MANOR, A RE-PLAT OF PARTS OF HILLTOP MANOR AND HILLTOP MANOR 2ND. ADDITION, BEING A SUBDIVISION IN SECTION 26, TOWNSHIP 27 SOUTH, RANGE 1 EAST OF THE 6TH. PRINCIPAL MERIDIAN, IN SEDGWICK COUNTY, KANSAS, commonly known as: 1370 S. BLUFFVIEW DR, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 24 x 28 feet in size. Vacant, this structure has been damaged by fire. It has missing asbestos siding; sagging and collapsing composition roof with holes; fire damaged rear porch; fire damaged framing members; and the 10 x 10 and 8 x 8 foot accessory structures are deteriorated.




(SEAL)




114

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOT 32, BLOCK B, IN PLAINVIEW, SUBDIVISION NO. 2, IN SECTION 2, TOWNSHIP 28 SOUTH, RANGE 1 EAST, SEDGWICK COUNTY, KANSAS - NOTE ADDITION SHOULD BE PLANEVIEW COMMONLY KNOWN AS 2874 S. DAVIDSON ST MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOT 32, BLOCK B, IN PLAINVIEW, SUBDIVISION NO. 2, IN SECTION 2, TOWNSHIP 28 SOUTH, RANGE 1 EAST, SEDGWICK COUNTY, KANSAS - NOTE ADDITION SHOULD BE PLANEVIEW, commonly known as: 2874 S. DAVIDSON ST, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 34 x 38 feet in size. Vacant for at least 11 months, this structure has been badly damaged by fire. It has fire damaged and missing siding; sagging and collapsing fire damaged roof; deteriorated front porch; and the wood trim and framing members have been fire damaged.




(SEAL)




115

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOTS 47 AND 48, BLOCK F, EAST UNIVERSITY ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS COMMONLYKNOWN AS 1218 W. FIGG ST (FAR REAR STRUCTURE) MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOTS 47 AND 48, BLOCK F, EAST UNIVERSITY ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS, commonly known as: 1218 W. FIGG ST (FAR REAR STRUCTURE), may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 28 x 32 feet in size. Vacant, this structure has been badly damaged by fire. It has fire damaged siding; sagging roof with holes; fire damaged front porch; and the wood trim is rotted.




(SEAL)




116

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOTS 18 AND 20, BLOCK 16, REPLAT OF PART OF JOHN MCCORMICK'S ADDITION TO WICHITA, KANSAS, SEDGWICK COUNTY KANSAS COMMONLY KNOWN AS 1222 S. MARTINSON AVE MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOTS 18 AND 20, BLOCK 16, REPLAT OF PART OF JOHN MCCORMICK'S ADDITION TO WICHITA, KANSAS, SEDGWICK COUNTY KANSAS, commonly known as: 1222 S. MARTINSON AVE, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one story frame dwelling about 25 x 25 feet in size. Vacant, this structure has shifting and cracking concrete and block foundation; rotted and missing siding; dilapidated front porch; and the wood trim and framing members are rotted.




(SEAL)




117

OCA: 230200


A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AT WHICH THE OWNER, HIS AGENT, LIENHOLDERS OF RECORD AND OCCUPANTS OF PROPERTY LEGALLY DESCRIBED AS: LOT 99, AND THE NORTH 10 FEET OF LOT 97, ON CHURCH, NOW WATER STREET, IN MUNGER'S ORIGINAL TOWN, NOW CITY OF WICHITA, SEDGWICK COUNTY, KANSAS COMMONLY KNOWN AS 813 N. WATER ST MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS A DANGEROUS STRUCTURE.


NOW THEREFORE, be it Resolved by the Governing Body of the City of Wichita.That a hearing will be held on the 20th day of October 2020, before the governing body of the city at 9:30 A.M., or thereafter in the council chambers, City Hall at which time the owner, his agent, any lienholders of record or any occupant of property, legally described at LOT 99, AND THE NORTH 10 FEET OF LOT 97, ON CHURCH, NOW WATER STREET, IN MUNGER'S ORIGINAL TOWN, NOW CITY OF WICHITA, SEDGWICK COUNTY, KANSAS, commonly known as: 813 N. WATER ST, may appear and show cause why such structure should not be condemned as an unsafe or dangerous structure ordered repaired or demolished. The structure is a one and one half story frame dwelling about 25 x 55 feet in size. Vacant, this structure has been badly damaged by fire. Fire damaged composition roof and siding.




(SEAL)




118

Agenda Item No. II-7City of Wichita



SUBJECT: Sidewalk Repair Assessment Program (All Districts)


AGENDA: Consent

Recommendation: Approve the assessments and place the ordinance on first reading.

Background: State law and City ordinance provide that sidewalk maintenance is the responsibility of abutting property owners. When sidewalk trip hazards are identified, property owners are required to repair the sidewalk as appropriate. Sidewalk repairs must be completed by a licensed contractor or the City’s contractor. Property owners utilizing the City’s contractor have the opportunity to spread the repair cost over a five-year period as a special assessment.

Sidewalks are condemned in all districts and fixed in a manner to minimize the time from complaint to repair. The attached lists include sidewalk repairs completed in all districts.

Analysis: An ordinance has been prepared establishing authority to use special assessment funding for the repaired sidewalks.

Financial Considerations: Statements of Charges will be mailed to the property owners on September 11, 2020. Assessments paid within 30 days of the statement date are not charged interest. If unpaid, the principal and interest will be spread over a five-year period and placed on the 2021 tax roll.

Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council approve the proposed assessments and place the ordinance on first reading.

Attachments: Property lists for special assessments and ordinance.

119

PIN # Geo Code # Property Address / Location Total Cost District00099844 A 00415 Parcel S of 130 E Murdock $787.75 600099927 A 00501 905 N Main St $1,805.80 600103820 A 04266 908 N Amidon Ave $625.60 600103821 A 04267 912 N Amidon Ave $298.40 600103822 A 04268 916 N Amidon Ave $472.20 600103823 A 04269 920 N Amidon Ave $166.00 600103828 A 04274 948 N Amidon Ave $496.00 600103829 A 04275 952 N Amidon Ave $300.00 600103830 A 04276 956 N Amidon Ave $514.40 600117586 A 16943 101 E Maywood St $382.00 400117588 A 16945 107 W Maywood Ct $149.20 400125712 B 06285 2201 S Washington Ave $723.40 300125713 B 06285000A 2207 S Washington Ave $260.40 300125714 B 062850001 2211 S Washington Ave $611.20 300125717 B 06288 2223 S Washington Ave $606.00 300125718 B 06289 2235 S Washington Ave $630.00 300125722 B 06292 2255 S Washington Ave $158.00 300128104 B 083850001 1950 S Ellis Ave $160.20 100128107 B 08386 1942 S Ellis Ave $250.40 100128108 B 083860001 1934 S Ellis Ave $964.40 100128109 B 08387 1926 S Ellis Ave $510.00 100128110 B 08388 Lot S of 1914 S Ellis Ave $525.20 100128111 B 08389 1914 S Ellis $756.40 100128112 B 08390 1908 S Ellis Ave $857.60 100128113 B 083900001 1511 E Skinner St $2,281.00 100128130 B 084010002 1901 S Ellis Ave $270.20 100135035 C 0027300UP Sec Webb & K-96 Ramp $3,086.20 200150810 C 06450 3429 E Douglas Ave $325.75 100150812 C 06451 3543 E Douglas Ave $510.00 100150813 C 06452 Parking Lot W of 3555 E Douglas $898.50 100150817 C 06454 3555 E Douglas Ave $840.00 100150818 C 06455 3555 E Douglas Ave, Suite 200 $1,873.20 100161823 C 16263 5224 E Kensington St $2,196.30 100163112 C 17340 3202 E Countryside Plz $1,945.20 300182225 C 37166 6905 E Bainbridge Rd $430.00 100182226 C 37167 6915 E Bainbridge Rd $1,046.80 100182227 C 37168 6925 E Bainbridge Rd $514.40 100182228 C 37169 6935 E Bainbridge Rd $744.40 100182229 C 37170 7005 E Bainbridge Rd $732.20 100183060 C 378970001 2550 S Oliver Ave 101 $1,336.00 300184534 C 392000001 2616 S Oliver Ave 101 $609.00 300188830 C 42594 9527 E Bluestem St $2,192.25 2

120

00189033 C 42786 3636 N Oliver Ave $1,053.00 100189609 C 43199 9557 E Mount Vernon Ct $459.40 200191269 C 44462 9524 E Skinner St $658.25 200191308 C 44498 1972 S Stacey St $501.20 200196575 C 49336 V/L N of QT on 3520 N Oliver $1,112.50 100196884 C 49626 9513 E Pebblebrook Ct $2,670.00 200196885 C 49627 9509 E Pebblebrook Ct $349.50 200196891 C 49633 2132 S Beech Ct $2,644.00 200196893 C 49635 2140 S Beech St $720.00 200196894 C 49636 2202 S Beech St $1,045.00 200196895 C 49637 2206 S Beech St $2,546.50 200196896 C 49638 2210 S Beech St $1,181.50 200196897 C 49639 2214 S Beech St $2,215.00 200196898 C 49640 2218 S Beech St $733.00 200196899 C 49641 2222 S Beech St $190.25 200196901 C 49643 2230 S Beech St $755.75 200196904 C 49646 9513 E Stafford Ct $1,425.25 200196905 C 49647 9509 E Stafford Ct $2,702.50 200196906 C 49648 9505 E Stafford Ct $265.00 200196909 C 49651 9417 E Stafford Ct $395.00 200196910 C 49652 9413 E Stafford Ct $577.00 200196918 C 496590001 V/L NW of Webb & Pawnee $8,474.50 200238980 D 370820001 9121 W Central Ave $466.00 5

Total $67,982.05

121

Org #: 40103820 / Object #: 529110 6 AffidavitsProject #: 6734 A91551 2125

Published in the Wichita Eagle on September 11, 2020

ORDINANCE NO. 51-339

AN ORDINANCE MAKING A SPECIAL ASSESSMENT TO PAY FOR THE IMPROVEMENT OF AND PROVIDING A TAX LEVY FOR THE COST OF CONSTRUCTION OF SIDEWALKS IN THE CITY OF WICHITA, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

SECTION 1. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of construction of sidewalks abutting the same:

Legal of Parcel in Benefit District Assessment

LOTS 85-87 EXC THAT PART DED FOR STMARKET ST. MUNGERS ORIGINAL TOWN EXEMPT NO. 1998-6863-TX

787.75

ODD LOTS 129 THRU 153 MAIN ST. MUNGER'S ORIGINAL TOWN EXEMPT# 93-15826-TX & 93-9901-TX

1805.80

LOTS 54-56 AMIDON AVE. RIVERSIDE ADD. 625.60

LOT 58 & S 1/2 LOT 60 AMIDON AVE. RIVERSIDE ADD. 298.40

N 1/2 LOT 60 ALL LOT 62 AMIDON AVE. RIVERSIDE ADD. 472.20




W 99.5 FT LOTS 94 & 96 AMIDON AVE RIVERSIDE ADD 514.40

LOT 14 BLOCK 1 STONEBOROUGH ADD. 382.00

LOT 16 BLOCK 1 STONEBOROUGH ADD. 149.20

LOTS 1-3 WASHINGTON AVE. ROCK ISLAND 3RD. ADD. 723.40

LOTS 5-7 WASHINGTON AVE ROCK ISLAND 3RD. ADD. 260.40


LOTS 21-23-25 WASHINGTON AVE. ROCK ISLAND 3RD. ADD. 606.00


LOTS 43-45-47 WASHINGTON AVE. ROCK ISLAND 3RD. ADD. 158.00

LOTS 8-10 EXC WLY 1.25 FT LOT 8 FOR HWY ELLIS AVE. STRONG'S ADD. 160.20

LOTS 14-16 & S 1/2 LOT 18 ELLIS AVE. STRONG'S ADD. 250.40

N 1/2 LOT 18-ALL LOTS 20-22-24 ELLIS AVE. STRONG'S ADD. 964.40

LOTS 26-28-30 ELLIS AVE. STRONG'S ADD. 510.00

LOTS 32-34 ELLIS AVE STRONGS ADD 525.20

LOTS 36-38-40 ELLIS AVE STRONGS ADD 756.40

LOTS 42-44 ELLIS AVE. STRONG'S ADD. 857.60

122

LOTS 46-48 ELLIS AVE. STRONG'S ADD. 2281.00

LOTS 45-47 EXC BEG 125.19 FT W OF SE COR LOT 45 W TO SW COR LOT 45 N 34.05 FT SELY TO BEG TO CITY OF WICHITA FOR ST ELLIS AVE. STRONG'S ADD.

270.20

GOV. LOTS 3 & 4 EXC PT DEEDED TO CITY FOR HWY & EXC BEG 50 FT E SW COR GOV LOT 4 TH E 370.85 FT NWLY 70 FT SWLY 145.85 FT NWLY 30 FT NW 212.6 FT TO E LI K-96 HWY SW ALG HWY 130.81 FT TO BEG NW 1/4 & TH PT S 1/2 VAC 29TH ST N ADJ ON N SEC 4-27-2E EXEMPT 2410-85-TX & 2411-85-TX

3086.20

LOT 1 & W 23 1/4 FT LOT 3 & 20 FT VAC ST ON N & 7 1/2 FT VAC ALLEY ON S EXC W 6.10 FT N 120.13 FT THEREOFLENORE ADD.

325.75

E 1 3/4 FT LOT 3 ALL LOTS 5-7 & 20 FT VAC ST ON N & 7 1/2 FT VAC ALLEY ON S LENORE ADD.

510.00

LOTS 9-11 EXC S 9 FT & 20 FT VAC STON N LENORE ADD. 898.50

LOTS 13-15 EXC S 18 FT-ALL LOT 17 & 20 FT VAC ALLEY ON N DOUGLAS AVE. LENORE ADD.

840.00

LOTS 19-21-23 & 20 FT VAC ST ON N & 7 1/2 FT VAC ALLEY ON S LENORE ADD.

1873.20

LOTS 9-10 BLOCK 1 UNIVERSITY HEIGHTS ADD. 2196.30

LOT 24 BARTLETT PLAZA ADD. 1945.20

LOT 15 BLOCK K COMOTARA FIRST ADD. 430.00





THAT PT LOT 1 LY W OF LI BEG 297.88 FT SWLY OF MOST NLY COR LOT 1 EXT TO S LI LOT 1 AT PT 434.71 FT SWLY OF MOST ELY COR LOT 1 STEVE CLARK ADD.

1336.00

LOT 1 DALE FREY ADD 609.00

LOT 23 EXC W 30.27 FT THEREOF BLOCK 3 FIRST ADDITION TO CEDAR RIDGE

2192.25

LOT 1 BLOCK A RICHLAND HEIGHTS ADD. EXEMPT 2897-79-TG 1053.00

LOT 1 BLOCK 1 HEDGECLIFF 3RD. ADD. 459.40

LOT 12 BLOCK 1 FOURTH ADDITION TO CEDAR RIDGE 658.25

LOT 5 BLOCK 4 FOURTH ADDITION TO CEDAR RIDGE 501.20

LOT 4 EXC BEG NE COR SWLY 91.28 FT S 346.44 FT E 80.82 FT TO SE COR LOT 4 N TO BEG & EXC BEG SW COR N 49.03 FT ELY 11.11 FT SELY 55.84 FT TO S LI LOT 4 W 103.88 FT TO BEG & TH PT LOT 3 BEG 80.82 FT W NE COR TH W 115.30 FT SELY 51.47 FT SELY ALG CUR 28.41 FT E 47.44 FT N 39.32 FT TO BEG BLOCK 1 GREAT PLAINS BUSINESS PARK 2ND ADDITION

1112.50

LOT 2 BLOCK 2 PEBBLEBROOK ADD. 2670.00



123

SECTION 2. That the sum set opposite each of the following lots, pieces, tracts and parcels of land or ground herein specified, be and the same are hereby levied to pay the cost of construction of sidewalks abutting the same:

Legal of Parcel in Benefit District AssessmentLOT 11 BLOCK 2 PEBBLEBROOK ADD. 720.00














W 175 FT LOT 4 WESTLINK CENTER 2ND. ADD. 466.00

SECTION 3. The costs of constructing, reconstructing, and repairing abutting sidewalks hereof have been financed out of funds provided for in the maintenance of street general improvement fund. The sums so assessed and apportioned against the several lots and parcels of land as set out in Section 1 through Section 2 hereof and not paid within thirty (30) days from the date of publication of this ordinance shall be collected by special assessment upon the property liable therefor in five installments, the first of said installments to be extended upon the tax roll for the year 2021, and one installment for each year thereafter for the full term of five years, each special installment shall include interest at the rate not to exceed the rate allowed by law and authorized by the City of Wichita Charter Ordinance No. 88 for projects funded from the maintenance of streets general improvement fund. Special assessment installments shall be certified to the County Clerk and shall be levied and collected in the same manner as other taxes.

124

SECTION 4. This ordinance shall take effect and be in force from and after its passage and publication once in the official City paper.

ADOPTED, at Wichita, Kansas, this 8th day of September, 2020.

Brandon J. Whipple

ATTEST:


(SEAL)


________________________________Jennifer L. Magana, City Attorney and Director of Law

125

Agenda Item No. II-8


September 1, 2020


SUBJECT: Public Exigency for Immediate Repairs of Lift Station 40 (All Districts)


AGENDA: Consent

Recommendation: Approve the public exigency and contract.

Background: On May 19, 2020, the City Council approved a budget of $1,200,000 for repairs on six lift stations (Lift Stations 16, 17, 23, 24, 25 and 40). Lift Station 40 is located at 10766 West 21st Street North, directly behind Walmart in New Market Square. The lift station is 40 feet deep and is a vital asset for the area. The budgeted amount for Lift Station 40 repairs was $165,000, based on a recent evaluation performed in January 2019. Repairs were anticipated to be done by staff with assistance from a contractor by means of on-call services.

Analysis: As the on-call contractor drained the wet well for anticipated repairs, components near failure were discovered that were not identified in the previous evaluation. All of the discharge piping needs to be replaced, three 40-foot, 8-inch diameter pipes along with two 90 degree elbows for each pipe have significant corrosion and are in jeopardy of imminent failure. The gaskets in the flanges between the pumps and the piping has failed, resulting in wear due to significant vibration. Failure of the equipment would result in sewage backing up in the New Market Square businesses. In order to make repairs, sewage from two incoming lines will require bypassing to allow the contractor to enter the wet well. The bypass operation will require partial closure of a private access road.

On August 14, 2020, an on-site meeting was held, soliciting three qualified contractors to perform the work. A scope of services was distributed to the attendees with proposals due by 3:00 p.m. on the same day due to the urgency of this work. UCI provided the lowest not-to-exceed cost and was selected to perform the work in accordance with Purchasing Division policies.

Financial Consideration: Funding is available in the existing budget of $1,200,000, which was approved by the City Council on May 19, 2020. The proposed contract is a not-to-exceed amount of $170,456. The low bid proposal exceeds the budgeted $165,000 for Lift Station 40 by $5,456. Staff proposes the insufficient funding be supplemented from funds available in the Wastewater Treatment Division Operating Budget, in the 2020-2021 Adopted Budget.

Legal Considerations: City Ordinance 2.64.020(c), “Public Exigency,” expressly authorizes the CityManager to approve work to be performed for public exigency without formal bidding in cases of emergency. The City Manager approved proceeding with this project on August 13, 2020.

Recommendations/Actions: It is recommended that the City Council affirm and ratify the CityManager’s public exigency approval of the Immediate Repairs of Lift Station 40 and authorize the necessary signatures.

Attachments: Memo and contract.

126

City of Wichita

Lift Station 40 Scope of Work

Submit Bids including Time and Materials to the City by 3:00 PM, August 14, 2020

Base Bid ItemsReplace existing Ductile Iron Pipe, Gaskets, and Bolts in Wetwell.

Limits of Pipe Replacement are from the existing base 90s to the check valve flange in the existing valve vault

New Ductile Iron pipe shall include P401 interior epoxy coatings.

The exterior of the Ductile Iron pipe shall include a prime coat of Tnemec Series 61 Tneme-Line at 8.0 to 10 mils DFT and topcoat of Series 435 Perma-Glaze at 15.0-20.0 mils DFT.

All bolts, nuts, and miscellaneous hardware shall be Stainless Steel.

Replace existing Stainless Steel Guide Bars with new Stainless Steel KSB Dual Guide Bar System. Verify with equipment supplier.

Existing electrical boxes located between the wetwell and valve vault will be removed and replaced in kind, by the electrical contractor (Decker) to be contracted by the City.

Contractor needs to coordinate with electrical contractor (Decker) during construction.

Contractor shall remove and replace concrete in kind, as needed, including around new electrical boxes.

Traffic control for bypass pumping shall be limited to closure of the southbound lane of the access road west of the lift station.

Traffic control plan will be provided by PEC at a later date to be installed by the contractor.

Traffic control shall be in place for a maximum of 7 calendar days.

Total Base Bid (Time and Materials):

Add Alternate No. 1

Downstream of existing Flow Meter Vault, install 12" Gate Valve, 12"x8" tee for a permanent by-pass location, and second 12" Gate Valve downstream of bypass tee.

Construction drawing of proposed bypass improvements to be provided by PEC at a later date.

The 8-inch tee shall include a cam lock connection and cap for connecting the bypass piping.

A new 4-foot precast doghouse manholeshall be installed over the existing force main and house the tee and valve.

The manhole shall include a flat top with hatch centered over the bypass connection and valve and include a 3" stainless steel vent with insect screen.

Pavement removal and replacement shall be considered subsidiary to by vault installation.

Total Bid - Add Alternate No. 1 (Time and Materials): 35,000.00$

Bid Cost Proposed Start Date

Bid Cost

135,456.00$ ASAP

128

1930 S. Hoover, Suite 100 – P.O. Box 9592 – Wichita, Kansas 67277-0592 www.ucict.com – 316.265.9506 – Fax 316.265.3041

08/14/2020

City of Wichita Becky Lewis 2305 E. 57th Street South Wichita, KS 67216 Re: LS-40 Proposal Rev0 Dear Mrs. Lewis, UCI was contacted to make various repairs at LS-40 UCI’s scope of work for this project:

• DIP w/P401 interior coating to be installed from check valve flange in VV to pump base elbows(3ea pipe runs). DIP exterior coating to be Series 61 Tneme-Liner and Series 435 Perma-Glaze. Romac Alpha Restrained Couplings to be installed between VV and WW. All hardware for Flg connections to be 316ss.

• 3ea KSB 4”x6” base elbows, 3ea guide rail claws(includes hardware to attach to pump), 3ea top guide rail brackets, 6ea intermediate guide rail brackets(for 8” discharge pipe), and 6ea 2” stainless guide rails to be installed.

• United Rental to provide bypass pump setup per their attached quote and setup plan. UR to provide 3ea pump mechanics on 8hr shifts for the duration of the bypass pumping.

• See attachment 1 for UCI work plan City of Wichita scope:

• Traffic Control Plan to be provided by PEC(working for City of Wichita)

• All electrical work to be done by Decker Electric(working for City of Wichita) UCI assumes this project is tax exempt. UCI is proposing to provide the described work above with a Guaranteed Maximum Price of $135,456. Please find attached UCI’s GMP proposal breakdown for the LS-40 Repairs. If agreed to UCI will provide the described services on a T&M basis (per approved T&M rates) not to exceed $135,456. Lead times to note:

• Pipe Materials – 8-10 days

• KSB Materials – 3 weeks (dependent on stock availability)

129

http://www.ucict.com/

1930 S. Hoover, Suite 100 – P.O. Box 9592 – Wichita, Kansas 67277-0592 www.ucict.com – 316.265.9506 – Fax 316.265.3041

Please advise if UCI is approved to proceed with this scope of work. Sincerely, Jason Brady Project Manager

130

http://www.ucict.com/

1930 S. Hoover • Wichita, KS • 67209 • Phone 316.265.9506 • Fax 316.265.8314

Project Title: LS-40 Repairs

Proposal ID: 022 (08/14/2020)

Contract:

Purchase Order:

DIRECT LABOR Rate Unit Duration Subtotal

Supervisor $105.00 MH 72 $7,560

Supervisor $105.00 MH 12 $1,260

Operator $62.00 MH 10 $620

Concrete / Pipe Tech $50.00 MH 72 $3,600






OSC Support $50.00 MH 30 $1,500

Transportation Specialist $50.00 MH 6 $300

DIRECT LABOR TOTAL $22,740

MATERIALS Subtotal

Concrete / Flow Fill / Fill Sand

Form Materials

Super-studs / Misc Platform Materials

Pipe Materials

Exterior DIP Paint Materials

KSB Materials

Traffic Control Allowance

Small Consumable Tools

Misc Materials

Safety Equipment

MATERIAL TOTAL $41,522

EQUIPMENT RENTAL Rate UNIT Duration Subtotal

Mini Excavator $360.00 Dy 2 $720

22 Tn Crane $1,182.00 Dy 2.5 $2,955

UCI Service Truck $198.00 Dy 2 $396

Tool Trailer $198.00 Wk 1 $198

Transport Truck $104.00 Hr 6 $624

Lowboy Trailer $45.00 Hr 6 $270

Porta-Jon $125.00 Wk 1 $125

Demo Hammer $99.00 Dy 1 $99

Air Compressor $186.00 Dy 1 $186

Subtotal $5,573

Misc Equipment Running Costs

HR $0

Subtotal

EQUIPMENT TOTAL $5,573

GENERAL EXPENSE

Labor

Project Leader $123.00 MH 28 $3,444

Production Leader $125.00 MH 120 $15,000

Subtotal 148 $18,444

Materials

$1,200

$0

Description: LS-40 Repairs. See proposal for scope of work.

360

$1,250

$350

$16,872

$450

$12,900

$3,500

$2,000

$2,000

$1,000

131

Subtotal $0

GENERAL EXPENSE TOTAL $18,444

UCI TOTAL WORK ITEMS (Less Labor) $65,539

UCI FEE 15% $9,831

UCI TOTAL COST $98,110

SUBCONTRACTS

United Rental - Bypass Pumping / Light Towers / Plugs

American Fence - Fencing around Bypass Pump Setups

Rapid Services

Mayer Specialties (wash and vac)

SUBCONTRACT TOTAL WORK ITEMS $32,475

UCI SUBCONTRACT FEE 15% $4,871.25

UCI SUBCONTRACT TOTAL COSTS $37,346

TOTAL COST (UCI WORK AND SUBCONTRACTORS) $135,456

Bonds and Insurance 0.0% $0

$0

CHANGE ORDER TOTAL $135,456

Rev. 5-29-2015

$26,225

$1,000

$500

$4,750

132

COW LS 40

Rev 2.0

Phase 1

1. Sawcut 8” paving between Valve Vault and Wetwell to NW corner of Lift Station

Control Bldg.

2. Remove paving between structures for access to electrical hand-i-holes

a. 14.33’x 3.25’ x 0.67’ thick paving

3. Install Super Stud work platform in wetwell

a. Work deck elev. At 158.27

4. Decker Electric relocate feed and temporary wire up P2 and P3 pump to

abandon UG elect/control hand-i-holes located between Valve vault and Wetwell

a. LOTO electrical and remove to P1

b. Trash existing UG elect/control boxes to P1, P2, P3

c. Hand excavate and remove conduit as it is abandoned to the south

d. Leave conduit ends to be reused

5. Excavate between structures to expose pipe and couplings (Warning!! - conduit

to valve vault - locate)

a. Mini X

b. Hand X

c. 4’ x 6’ street plate at N and S sides of excavation against structures

d. Remove all spoils off site.

i. One truck load (Rapid Services?)

e. Protect excavation

6. Remove 8” 90 bend from P1 piping

a. Shut P1 gate valve in valve vault

7. Remove P1 Dresser sleeve from pipe

a. Cut and trash

b. Cut pipe as flush to wall as possible

8. Demo concrete around P1 piping

a. At wetwell wall

i. Remove 8” FL x PE pipe

ii. Trash pipe

b. At valve vault wall

i. Remove bolts from 8” check valve

ii. Remove 8” FL x PE pipe from check valve

iii. Lay check valve to N side of valve vault on floor

iv. Trash FL x PE pipe

133

jasonb

Text Box

Attachment 1

9. Install new horizontal piping between valve vault and wetwell

a. Size 8” FL x PE pipe to fit between gate valve and east wall of valve vault

for installation purposes

b. Make up length of 8” FL x PE to fit existing dimensions in wet well from

new sleeve location

c. Connect P1 8” check valve back to gate valve

d. Connect short 8” FL x PE pipe to check valve

i. Wedge pipe where passing through east valve vault wall

e. Connect longer 8” FL x PE pipe to shorter with sleeve

i. Use pipe cradle block and wedge at wetwell wall to level pipe

ii. Endo flange face in wetwell for new 90

1. Two hole flange

iii. Connect and complete sleeve between structures

f. Grout pipe at Valve Vault wall

i. Leave wetwell wall grout free at this time

1. Wedge pipe tight thru opening

Phase 2

1. Set up Bypass Pumping

a. Traffic control and protection

i. Close 200’+ of South bound lane and set pump at manhole near

fast food entrance

ii. Water bridge cross North bound lane near Lift Station entrance

iii. Manifold with checks for 15”and 21” located just north of entrance

iv. Hard pipe from manifold to 8” pipe for P1

b. Hydraulic trash pumps

c. Open P1 gate valve

2. Prove Bypass Pumping

a. 6 hours during peak time

Phase 3

Preassemble wet well piping from base ell to 90

1. Clean wet well

2. Shut gate valves for P2 and P3 in valve vault

3. Decker - remove temporary power and controls to P2 and P3

4. Remove 8” riser and 90 bend from P2 and P3 piping

a. Shut P2 and P3 gate valves in valve vault

5. Remove P2 and P3 Dresser sleeves from pipe

a. Cut and trash

b. Cut pipe as flush to wall as possible

6. Demo concrete around P2 and P3 piping

a. At wetwell wall

134

jasonb

Text Box

Attachment 1

i. Remove 8” FL x PE pipe

ii. Trash pipe

b. At valve vault wall

i. Remove bolts from 8” check valves

ii. Remove 8” FL x PE pipe from check valves

iii. Lay check valves to side of valve vault piping on floor

iv. Trash FL x PE pipes

7. Install new horizontal piping for P2 and P3 between valve vault and wetwell

a. Size 8” FL x PE pipe to fit between gate valve and east wall of valve vault

for installation purposes – app. 22” long. (This will put center of restraint

sleeve 11.5” off the wall of the valve vault)

b. Make up length of 8” FL x PE to fit existing dimensions in wet well from

new sleeve location

c. Connect P2/P3 8” check valves back to gate valves

d. Connect short 8” FL x PE pipe to check valve

i. Wedge pipe where passing through east valve vault wall

e. Connect longer 8” FL x PE pipe to shorter with sleeve

i. Use pipe cradle block and wedge at wetwell wall to level pipe

ii. Endo flange face in wetwell for new 90

1. Two hole flange

iii. Connect and complete sleeves between structures

8. Construct Electrical and controls for P2 and P3

a. Support hand-i-holes with unistrut between structures

b. Construct conduit from where cut to new hand-i-holes

9. Install all vertical piping P1 – P3

a. Locate set Pump base to elevation

i. Plumb bob and locate anchor bolts for base ell

ii. Install SS epoxy anchors and adjustment nuts or shims set

b. Install new vertical pipe with 90 bend (P2 and P3 only)

i. New u bolts 2 plcs each pipe

c. Bolt to flange face at horizontal piping between structures

d. Install new vertical pipe without 90 at P1

i. New u bolts 2 plcs on pipe

10. Grout pipe penetrations at Wet well and Valve Vault walls (P2 and P3 only)

a. Remove wedges

11. Grout all Pump Bases - P1 thru P3

12. Touch up paint coating on pipe in wetwell

13. Install pumps P2 and P3

14. Complete Electrical and controls for P2 and P3

a. Pull and terminate wire/SO cords for power and control

Start up P2 and P3

1. Proof run pumps to City’s satisfaction

135

jasonb

Text Box

Attachment 1

a. Pull amps - check level controls

Remove By Pass Pumps and Piping

1. Install new 90 at P1 piping

2. Grout P1 piping at wet well wall

a. Remove wedges

3. Backfill with sand 1.’5’ above horizontal pipe between structures

a. Flush and vibrate

4. Touch up wall penetrations in wetwell with protective coating

5. Complete Electrical to P1

a. Start up P1

6. Remove Super Stud work platform from wet well

7. Place flowable fill up to bottom of hand-i-holes

8. Replace reinforced concrete paving between structures

136

jasonb

Text Box

Attachment 1

EXTERNALFUEL CELL

EXTERNALFUEL CELL

HYDRAULICPOWER UNIT(PRIMARY)

HYDRAULICPOWER UNIT(BACKUP)

HYDRAULICPOWER UNIT(BACKUP)

HYDRAULICPOWER UNIT(PRIMARY)

MOBILELIGHT

TOWER

MOBILELIGHT

TOWER

MOBILELIGHT

TOWER

ROAD CROSSINGFLOW THROUGH

MANIFOLD

6" FLANGE BACKCHECK VALVE

8" FLANGE BACKCHECK VALVE

8" 150#FLANGE

WELL

LIFTSTATION

8" HYDRAULICSUB-PUMP(PRIMARY)

8" HYDRAULICSUB-PUMP(BACKUP)

6" HYDRAULICSUB-PUMP(PRIMARY)

6" HYDRAULICSUB-PUMP(BACKUP)

6"

6"

6"

8"

8"

GATE

CKD BY: DWG No: REV:

DWG BY: SCALE: SHEET: OF:

DATE:

DATE:

CUSTOMER: BRANCH:

TITLE:

The designs, information and data contained herein isproprietary and is submitted in confidence and shallnot be disclosed, used or duplicated in whole or inpart for any purposes whatsoever without prior writtenpermission from United Rentals. This document shallbe returned to United Rentals on its demand.Receipt of this document shall be deemed to be anacceptance of the conditions specified herein.

MATERIAL:

FINISH:

SHEET SIZE:

B11" x 17" CKD BY:

6136 FRISCO SQUARE BLVD, SUITE 400FRISCO, TX 75034

DWG No: REV:

DWG BY: SCALE: SHEET: OF:

DATE:

DATE:

CUSTOMER: BRANCH:

TITLE:

The designs, information and data contained herein isproprietary and is submitted in confidence and shallnot be disclosed, used or duplicated in whole or inpart for any purposes whatsoever without prior writtenpermission from United Rentals. This document shallbe returned to United Rentals on its demand.Receipt of this document shall be deemed to be anacceptance of the conditions specified herein.

MATERIAL:

FINISH:

SHEET SIZE:

B11" x 17"

PROPRIETARYCONFIDENTIAL

J. SUCHER

UCI LIFT STATIONPROCESS FLOW DIAGRAM

SKF6134 -M. BROOKS - 1 108-10-20

UTILITY CONTRACTORS I54

08-10-20

137

This is not an invoice Please do not pay from this document

RENTAL QUOTE TRENCH SAFETY

Page: 1

RENTAL ITEMS: _____ ___________ _______________________________________ _____________________________________________ _______________ Qty Equipment Description Minimum Day Week 4 Week Estimated Amt.

4 5008370 15"-30/32" PLUG W/4" BYPASS W/RV &SLEEVE 101.00 101.00 328.00 825.00 1,312.00 (4) Dead plugs. The lines are 15" and 21"

4 110/2050 AIR HOSE 1/4" X 25' 12.00 12.00 21.50 55.00 86.00

Rental Subtotal: 1,398.00 SALES/MISCELLANEOUS ITEMS: _______ ______________________________________________________________ _____________ _________________ _______________ Qty Item Price Unit of Measure Extended Amt.

1 ENVIRONMENTAL SERVICE CHARGE [ENV/MCI] 26.240 EACH 26.24

1 DELIVERY CHARGE 90.000 EACH 90.00

1 PICKUP CHARGE 90.000 EACH 90.00

Sales/Misc Subtotal: 206.24

Agreement Subtotal: 1,604.24 Tax: 120.32 Estimated Total: 1,724.56 COMMENTS/NOTES:

CONTACT: WALTER MARCOTTE CELL#: 316-640-3529 CONTACT: WALTER MARCOTTE CELL#: 316-640-3529

SEWER BYPASS10600 W 21ST ST NWICHITA KS 67205-1886

Office: 316-265-9506 Cell: 316-640-3529

UCIPO BOX 9592UTILITY CONTRACTORS DBA UCIWICHITA KS 67277-0592

BRANCH G093505 MANCHESTER TRAFFICWAYKANSAS CITY MO 64129816-921-4141 # 184779326

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Job Site

Customer # :Quote Date :Estimated Out :Estimated In :UR Job Loc :UR Job # :Customer Job ID:P.O. # :Requested By :Approved By :Salesperson :

124871308/11/2009/11/20 09:11 AM09/18/20 00:00 AM10600 W 21ST ST N, W55

QUOTEWALTER MARCOTTEJOHN ARNOLDJOHN KOHNLE

This proposal may be withdrawn if not accepted within 30 days. The above referenced Rental Protection Plan, environmental, and tax charges are estimates and are subject to change.

NOTICE: This is not a rental agreement. The rental of equipment and any items listed above is subject to availability and subject to the terms and conditions of the Rental and Service Agreement, which are available at https://www.unitedrentals.com/legal/rental-service-terms-US and which are incorporated herein by reference. A COPY OF THE RENTAL AND SERVICE AGREEMENT TERMS ARE AVAILABLE IN PAPER FORM UPON REQUEST. 138


RENTAL RESERVATION

Page: 1


3 3204001 LIGHT TOWER,4-7KW VERT MAST 102.00 236.00 597.00 708.00

Rental Subtotal: 708.00 SALES/MISCELLANEOUS ITEMS: _______ ______________________________________________________________ _____________ _________________ _______________ Qty Item Price Unit of Measure Extended Amt.




Sales/Misc Subtotal: 252.16

Agreement Subtotal: 960.16 Tax: 72.02 Estimated Total: 1,032.18 COMMENTS/NOTES:

CONTACT: WALTER MARCOTTE CELL#: 316-640-3529

TO SCHEDULE EQUIPMENT FOR PICKUP, CALL 800-UR-RENTS (800-877-3687) WE ARE AVAILABLE 24/7 TO SUPPLY YOU WITH A CONFIRMATION # IN ORDER TO CLOSE THIS CONTRACT


Office: 316-265-9506 Cell: 316-640-3529


BRANCH J129127 W KELLOGG DRWICHITA KS 67209316-722-7368

# 184782519

Job Site

Customer # :Reserved Date :Scheduled Out :Estimated In :UR Job Loc :UR Job # :Customer Job ID:P.O. # :Requested By :Approved By :Salesperson :

124871308/11/2008/17/20 09:00 AM08/24/20 09:00 AM10600 W 21ST ST N, W55

QUOTEWALTER MARCOTTEJOHN ARNOLDRUBEN VIEYRA



RENTAL QUOTE

Page: 1


2 5209708 65HP HYDRAULIC POWER UNIT 44.00 308.00 925.00 616.00 STANDBY BILLED AT STANDBY RATE

1 5209551 4" HYDRAULIC PUMP HEAD - CAST IRON 109.81 218.99 655.06 218.99 STANDBY HEAD AT STANBY RATE BILLED AT STANDBY RATE

2 5209708 65HP HYDRAULIC POWER UNIT 640.94 640.94 1281.89 2961.20 2,563.78

2 545/9831 HYDRAULIC HOSE SET 2 PIECE 50' 58.05 58.05 145.12 362.82 290.24

1 5209551 4" HYDRAULIC PUMP HEAD - CAST IRON 219.63 219.63 437.98 1310.12 437.98 4" head swedged to 6" for flow

2 9207364 TANK FUEL DOUBLE WALL 500-550 GAL W/PUMP 96.79 96.79 192.28 574.20 384.56

6 537/6620 HOSE 6X50 LAYFLAT DISCHARGE - CAMLOCK 51.93 51.93 103.87 311.63 623.22

1 545/1111 MISC FITTINGS 25.63 25.63 76.92 230.77 76.92 DUAL FLANGE BY SINGLE FLANGE WITH BACK CHECK MANIFOLD

6 537/2220 HOSE 6X20 KANAFLEX SUCTION - CAMLOCK 52.93 52.93 104.26 309.61 625.56

1 545/1345 15' BRIDGE STYLE ROAD CROSSING 479.49 479.49 959.01 2055.48 959.01

1 5209571 8" HYDRAULIC PUMP HEAD - CAST IRON 189.31 189.31 378.63 1134.43 378.63 STANDBY HEAD AT STANDBY RATE

1 5209571 8" HYDRAULIC PUMP HEAD - CAST IRON 378.62 378.62 757.26 2268.87 757.26

Rental Subtotal: 7,932.15 SALES/MISCELLANEOUS ITEMS: _______ ______________________________________________________________ _____________ _________________ _______________ Qty Item Price Unit of Measure Extended Amt.

1000 BULK DYED DIESEL SALES [BULKDYEDDSL/MCI] 4.000 EACH 4,000.00

120 LABOR [LABOR/MCI] 95.000 EACH 11,400.00 ONSITE PUMP MECHANIC 3 MAN CREW 8 HOUR INTERVALS TOTAL BASE ON (7) DAYS




Sales/Misc Subtotal: 15,729.00

Agreement Subtotal: 19,661.15 Fuel: 4,000.00 Tax: 1,774.60 CONTINUED


Office: 316-265-9506 Cell: 316-640-3529


BRANCH 28K8325 NORTH HYDRAULIC STREETPARK CITY KS 67147316-776-4405805-655-7605 FAX

# 184783095

Job Site


124871308/11/2008/21/20 08:00 AM08/28/20 08:00 AM10600 W 21ST ST N, W55

WALTER MARCOTTEJOHN ARNOLDRONNIE KILGORE

This proposal may be withdrawn if not accepted within 30 days. The above referenced Rental Protection Plan, environmental, and tax charges are estimates and are subject to change.



RENTAL QUOTE

Page: 2

SALES/MISCELLANEOUS ITEMS: _______ ______________________________________________________________ _____________ _________________ _______________ Qty Item Price Unit of Measure Extended Amt. Estimated Total: 25,435.75 COMMENTS/NOTES:

CONTACT: WALTER MARCOTTE CELL#: 316-640-3529


Office: 316-265-9506 Cell: 316-640-3529


BRANCH 28K8325 NORTH HYDRAULIC STREETPARK CITY KS 67147316-776-4405805-655-7605 FAX

# 184783095

Job Site


124871308/11/2008/21/20 08:00 AM08/28/20 08:00 AM10600 W 21ST ST N, W55

WALTER MARCOTTEJOHN ARNOLDRONNIE KILGORE

141



September 1, 2020


SUBJECT: Contract for Lead-Based Paint Testing and Lead Risk Assessment Reports (All Districts)

INITIATED BY: Housing and Community Services

AGENDA: Consent______________________________________________________________________________

Recommendation: Approve the contract with Paradigm Group, LLC for Lead-Based Paint Testing/Lead Risk Assessment, and authorize the necessary signatures.

Background: The Housing and Community Services Program has received federal grant funding in order to provide forgivable loans for lead-based paint hazard reduction in residential housing. Funding is utilized to identify, control, remediate, and possibly abate lead-based paint hazards in eligible privately owned rental or owner-occupied housing. Lead hazard control efforts are targeted to housing units where children younger than six years of age reside.

Analysis: A Request for Proposal (RFP) was issued in order to obtain services related to lead-based paint testing, lead-based paint clearance inspections, and preparation of associated reports for housing units to be assisted with grant funding. Two proposals were submitted, but Paradigm Group, LLC (Paradigm)was the only respondent to submit a proposal that satisfied the requirements and criteria of the RFP. Paradigm was established in 2013, offering asbestos testing, mold consulting, and air testing services. In May of 2014, Paradigm purchased LeadTesters, LLC and added lead-based paint inspections, risk assessments, and lead-based paint clearance inspections to its service portfolio. Paradigm has completed an average of 160 lead-based paint inspections per year over the last six years, and works closely with the Environmental Protection Agency and the Kansas Department of Health and Environment to ensure that clients are in full compliance with local, state, and federal regulatory requirements.

Housing and Community Services anticipates requesting approximately 110 inspections at a cost of between $650 and $850 each, depending on the size of the housing unit. In addition, approximately 90 clearance reports will be requested, at a cost of $275 each.

Financial Considerations: There is no impact to the General Fund. Grant funding will be utilized to cover the cost of the inspections and reports.

Legal Considerations: The Law Department has reviewed and approved the contract as to form.

Recommendation/Actions: It is recommended that the City Council approve the contract with Paradigm Group, LLC for Lead-Based Paint Testing/Lead Risk Assessment, and authorize the necessary signatures.

Attachment: Contract.

142

CONTRACT FOR

LEAD-BASED PAINT TESTING/LEAD RISK ASSESSMENT 20200197

This Contract entered into this 1st day of September, 2020, by and between the City of Wichita, Kansas, a municipal corporation, hereinafter called "CITY", and PARADIGM GROUP, LLC, 1314 N. Oliver, P.O. Box 8200, Wichita, Kansas 67208, Telephone Number (316)-239-7097, hereinafter called "VENDOR".

WHEREAS, the CITY has solicited proposals for Lead-Based Paint Testing/Lead Risk Assessment (Formal Proposal - FP203026), 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 Service. VENDOR shall provide to the CITY all those commodities and/or services specified in its response to Formal Proposal Number-FP203026, which are 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 -FP203026, 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 prices for LeadBased Paint testing/Lead Risk Assessment for the Various Departments, Boards & Agencies of the City of Wichita as per the proposal, plans, specifications, addenda and VENDOR'S proposal of February 12, 2020.

DESCRIPTION - Units Listed to Carry Out a LIRA

Single-Family Dwelling Unit up to 5 Rooms Single-Family Dwelling Unit with 6-7 Rooms Single-Family Dwelling Unit with 8-9 Rooms Single-Family Dwelling Unit with 10-11 Rooms

DESCRIPTION - Post Abatement Clearance

Single-Family Dwelling Unit up to 5 Rooms Single-Family Dwelling Unit with 6-7 Rooms Single-Family Dwelling Unit with 8-9 Rooms

1

COST

$650 $700 $750 $850

$275 $275 $275

143

Additional Charge Per Unit if Soil Sampling Required

Billing Terms: Net Thirty (30) Days

$ 50

3. Term. The term of this contract shall be from August 4, 2020 through July 31, 2021, with options to renew the contract for four ( 4) additional one (I) year periods by mutual agreement of both 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.


a. VENDOR shall save and hold the CITY harmless against all suits, claims, damages and losses for injuries to persons or property or other liability loss 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 of 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:

I. Commercial General Liability Covering premises - operations, xcu hazards when applicable, Product/Completed Operations, Broad Form Property Damage and Contractual Liability with minimum limits as follows:



Or

Bodily Injury and Property Damage Liability (Combined Single Limit)

2. Comprehensive Automobile Liability

$500,000 Each Occurrence $500,000 Each Aggregate



All Owned, Non-Owned, and Hired vehicles with minimum limits as follows:

2

144


Or

Bodily Injury and Property Damage Liability (Combined Single Limit)

3. Workers Compensation

Employers Liability

$500,000 Each Accident $500,000 Each Aggregate

$500,000 Each Accident

Statutory

$100,000 Each Accident $500,000 Aggregate $100,000 Occupational Disease

5. 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.

6. Incorporation. The new exhibits A and B are incorporated into this contract as if fully set forth here.

7. Third Party Exclusion. This agreement is intended solely for the benefit of City and Vendor and is not intended to benefit, either directly or indirectly, any third party or member(s) of the public at large. No third party may sue for damages based on the terms or performance of this Agreement.

3

145

IN WITNESS WHEREOF, the parties have set their hands the day and year first above written.

ATTEST: CITY OF WICHJT A, KANSAS

Karen Sublett, City Clerk Brandon J. Whipple, Mayor

Approved as to Form PARADIGM GROUP, LLC

'7~~ -Signature

°t)o,:"' /~/s✓/ _ Print Signature Name

Title (Managing Member)

4

146

EXHIBIT A

CITY OF WICHITA MANDATORY CONTRACTUAL PROVISIONS ATTACHMENT






6. Arbitration, Damages, Jury Trial and Warranties. The City does not ever accept binding arbitration or the payment of damages or penalties upon the occurrence of a contingency, and expressly denies such acceptance for this Agreement. The City never consents to a jury trial to resolve any disputes that may arise hereunder, and expressly denies such consent for this Agreement. Contractor waives its right to a jury trial to resolve any disputes that may arise hereunder. No provision of any document within the Agreement between the Parties will be

5

147

given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

7. Representative's Authority to Contract. By signing this Agreement, the representative of the Contractor thereby represents that such person is duly authorized by the Contractor to execute this Agreement on behalf of the Contractor and that the Contractor agrees to be bound by the provisions thereof.





11. Confidentiality. Contractor may have access to private or confidential data maintained by City to the extent necessary to carry out its responsibilities under this Agreement. Contractor must comply with all the requirements of the Kansas Open Records Act (K.S.A. 42-215 et seq.) in providing services and/or goods under this Agreement. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this Agreement shall be disseminated by either party except as authorized by statute, either during the period of the Agreement or thereafter. Contractor

6

148

must agree to return any or all data furnished by the City promptly at the request of City in whatever form it is maintained by Contractor. Upon the termination or expiration of this Agreement, Contractor shall not use any of such data or any material derived from the data for any purpose and, where so instructed by City, shall destroy or render such data or material unreadable. The parties accept that City must comply with the Kansas Open Records Act, and will produce upon written request all documents pertaining to this Agreement other than those covered by express exceptions to disclosure listed in the Act.

12. Cash Basis and Budget Laws. The right of the City to enter into this Agreement is subject to the provisions of the Cash Basis Law (K. S.A. 10-1112 and 10-1113), the Budget Law (K.S.A. 79-2935), and all other laws of the State of Kansas. This Agreement shall be construed and interpreted so as to ensure that the City shall at all times stay in conformity with such laws, and as a condition of this Agreement the City reserves the right to unilaterally sever, modify, or terminate this Agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such laws.



14. Suspension/Debarment. Contractor acknowledges that as part of the Code of Federal Regulations (2 C. F. R. Part 180) a person or entity that is debarred or suspended in the System for Award Management (SAM) shall be excluded from federal financial and nonfinancial assistance and benefits under federal programs and activities. All non-federal entities,

7

149

including the City of Wichita, must determine whether the Contractor has been excluded from the system and any federal funding received or to be received by the City in relation to this Agreement prohibits the City from contracting with any Contractor that has been so listed. In the event the Contractor is debarred or suspended under the SAM, the Contractor shall notify the City in writing of such determination within five (5) business days as set forth in the Notice provision of this Agreement. City shall have the right, in its sole discretion, to declare the Agreement terminated for breach upon receipt of the written notice. Contractor shall be responsible for determining whether any sub-contractor performing any work for Contractor pursuant to this Agreement has been debarred or suspended under the SAM and to notify City within the same five (5) business days, with the City reserving the same right to terminate for breach as set forth herein.


(Rev. 8/28/2019)

8

150

EXHIBIT B

CITY OF WICHITA MANDATORY INDEPENDENT CONTRACTOR ADDENDUM





5. Unless given express written consent by City, Contractor agrees not to bring any other party (including but not limited to employees, agents, subcontractors, sub-subcontractors, and vendors) onto the project site.


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7. Contractor has and hereby retains control of and superv1s1on over the performance of Contractor's obligations hereunder. Contractor agrees to retain control over any allowed parties employed or contracted by Contractor for performing the services hereunder and take full and complete responsibility for any liability created by or from any actions or individuals brought to the project by Contractor.




10

152

Agenda Item No. II-10 City of Wichita



SUBJECT: Uninterruptable Power Supply Replacement

INITIATED BY: Information Technology

AGENDA: Consent______________________________________________________________________________

Recommendation: Approve the purchase contract and authorize the necessary signatures.

Background: In November of 2018, a Request for Proposal (RFP) for Uninterruptable Power Supply (UPS) replacement was distributed with responses due by November 14, 2018. A total of seven responses to the RFP were received and evaluated. In December 2019, the Staff Screening and Selection Committee, consisting of multiple departments, including Finance, Public Works, Purchasing, IT, and the Law Department reviewed the proposals and interviewed three vendors.

The Information Technology Department maintains servers and network equipment for all departments in the City’s datacenter. Electrical power to all equipment in this room is protected by a UPS. The existing Leibert Npower 100-130 UPS Unit was purchased in 2006, reached end of sale in 2014. In August of 2019 the service provider Vertive recommended a capacitor bank and battery string replacement for this unit, since the repair cost exceeded the replacement costs it was determined to proceed with replacement. On August 14th 2020 the batteries in unit failed and the batteries were disconnected.

Analysis: Upon completion of the interviews the Staff Screening and Selection Committee selected ConvergeOne to supply the UPS hardware by meeting the mandatory requirements, used in the evaluation process.

Financial Consideration: One time Expenditure of $69,935 the source of funding is the Equipment Replacement Fund (ERF) and has been budgeted for 2020. The first year of support is included in the purchase with annual support costs of $10,668.04 to be included as an enterprise charge-back in the IT cost model for 2021 and beyond.

Legal Consideration: The Law Department has reviewed and approved the contract terms as to form.

Recommendations/Actions: It is recommended that the City Council approve the project budget, approve the contract and authorize the necessary signatures.

Attachment: IT Purchase Order Contract.

153


PURCHASE ORDER

ADDITIONAL TERMS AND CONDITIONS

1. This Purchase Order and Purchase Order Additional Terms and Conditions hereinafter called instrument shall serve as a contract between the City of Wichita, Kansas, a Municipal Corporation, and the vendor named on the Purchase Order.

2. The Contractor is a provider of high technology products and services for which City Code Section 2.64.020(g) allows the Purchasing Manager to directly negotiate for services on a non-competitive basis. The proposal package, including all specifications and plans provided by the City of Wichita as part of the proposal letting process for Formal Proposal FP840083, shall be considered a part of this Agreement and is incorporated by reference herein.

3. The Contractor shall provide an uninterruptible power system (UPS) as ordered by the City of Wichita. All equipment will be delivered to the City of Wichita at the City Hall Data Center, 455 N. Main, Wichita, KS 67202.

4. This Purchase Order is for the purchase and delivery of equipment, listed on the Purchase Order in accordance with the directions of this instrument.

5. All special conditions on the face of the Purchase Order are hereby made a part of a general condition set out in this instrument.

6. Except for the terms and conditions of the manufacturer’s product warranty applicable to the equipment listed on the Purchase Order, which are additional terms between the manufacturer and the City of Wichita, no terms or conditions, other than those stated herein, and no agreement or understanding in any way modifying the terms and conditions herein stated, shall be binding upon purchaser unless in writing and signed by its Purchasing Manager.

7. The articles specified in this order are for the exclusive use of the City of Wichita, Kansas. Therefore, it is understood the Federal Excise Tax or State of Kansas Sales Tax shall not be or has not been imposed. Exemption certificate will be furnished when required or upon request.

8. All orders are priced F.O.B. destination and must be shipped "PREPAID" unless otherwise specified.

9. Vendor to retain Purchase Order copy for their file.

10. Partial payments will be made only when agreed upon prior to issuance of the Purchase Order.

11. The Kansas Act against Discrimination (Kansas Statutes Annotated 44-1001, et seq., as amended) requires every person who enters into a contract with the City of Wichita for construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or service to:

a. Observe the provisions of the Kansas Act Against Discrimination and not to discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, national origin or ancestry, or age unrelated to such person's ability to engage in the particular work.

b. In all solicitations or advertisement for employees, the contractor shall include the phrase "Equal Opportunity Employer" or a similar phrase to be approved by the Kansas Human Rights Commission.

154

pg. 2

c. Upon request, inform the Kansas Human Rights Commission and/or the City of Wichita Finance Department in writing of the manner in which such person will recruit and screen personnel to be used in performing the contract.

d. Exempted from these requirements are:

i. Any contractor who has already complied with the provisions set forth in these sections by reason of holding a contract with the Federal Government or a contract involving Federal funds (proof of compliance is required).

ii. Contracts entered into by any contractor who employs fewer than four (4) employees during the term of such contract.

iii. Contractors who hold contracts with the City of Wichita with a cumulative total of five thousand dollars ($5000.00) or less during the City Fiscal Year.

e. Reports requested by the Kansas Human Rights Commission shall be made on forms prepared by the Commission, copies of which are available from the Kansas Human Rights Commission, Contract Auditor, 900 S.W. Jackson Street, Suite 851 S., Topeka, Kansas, 66612.

12. During the performance of any City contract or agreement the contractor, subcontractor, vendor or supplier of the City shall comply with all the provisions of the Civil Rights Act of 1964, as amended; the Equal Employment Opportunity Act of 1972; Executive Orders 11246, 11375, 11141, Part 60 of Title 41 of the Code of Federal Regulations; the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, The Americans with Disabilities Act and/or any laws, regulations or amendments as may be promulgated thereunder. Failure of any contractor, subcontractor, vendor or supplier to report to the Kansas Human Rights Commission as required by K.S.A. 1976 Supp. 44-1031, as amended or State statutes, Federal statutes or regulations pertaining to discrimination, which finding or decision or order has become final, shall be a breach of contract and any such contract may be canceled, terminated or suspended in whole or in part by the City or its contracting agency. Compliance with the Equal Employment Opportunity requirements of the City of Wichita does not relieve the contractor, subcontractor, vendor or supplier of the necessity of also complying with the Kansas Act Against Discrimination.

13. The Contractor will deliver to City those Products identified in the attached Purchase Order presented by an Authorized City Representative to Contractor. Shipment and delivery under this Purchase Order shall be strictly in accordance with the quantities and schedules specified above.

14. Hardware will be initially shipped to Contractor’s local agent until ready for installation, and will still be considered to be in the possession of Contractor until delivery and installation at the City. Title, ownership and risk of loss of hardware sold pursuant to the terms and provisions of this Agreement shall pass to City only upon delivery to City.

15. Contractor shall promptly notify City in writing of any delay in delivery, the reasons therefor, and the actions being taken by Contractor to overcome or minimize the delay.

16. Contractor shall coordinate to ensure the preparation and packaging of the Products to prevent damage and deterioration and to comply with carrier tariffs. Charges for preparation for shipment (including packing and crating) are included in the price. Contractor shall not include vermiculite or other hazardous substances in any packing material included with the Products.

17. Contractor shall ensure that any of its employees on any City premises (i) comply with City's employeerules of conduct, including, without limitation, City's security and safety procedures which Contractor

155

pg. 3

and/or its employees have been provided access to; and (li) comply with applicable federal, state, and local health, safety, and environmental laws and regulations applicable to such City premises.

18. All deliveries shall arrive to destination based on the schedule mutually agreed to by the Parties. Contractor shall comply with all applicable statutes and government rules, regulations, and orders pertaining to United States export controls.

19. Contractor shall endeavor to provide invoices that are accurate and reflect the products ordered and the price that was originally quoted. Inaccurate invoices will be communicated to Contractor and must be corrected before they are valid.

20. City agrees to pay Contractor for price of UPS hardware - Formal Proposal — FP840083 for theInformation Technology/Information Services Department pursuant to Contractor’s proposal of December 6, 2019 and as approved by the City Council on September 10, 2019.

21. Payment shall be made upon the receipt and acceptance of payment Invoice in sufficient detail acceptable to the City. Payment will be made to the Contractor's designated mailing address. Payment shall be tendered to the Contractor within thirty (30) days of the date of invoice. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. The City shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein. All Payment Invoices MUST BE received by the City no later than sixty (60) days following product delivery.

22. Contractor, at its expense, agrees to defend, indemnify, and hold harmless City, (“Indemnified Party”) from and against all liabilities, damages, costs, fees, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from suits, claims, actions, or proceedings brought by (or on behalf of) any person or entity on account of injury or damage proximately caused by Contractor in the course of performing Contractor’s obligations under this Agreement (or in breach thereof). This obligation is conditioned on Indemnified Party promptly notifying Contractor of any such suit, claim, action or proceeding. City acknowledges that Contractor shall have the right to control the defense and all negotiations for its settlement or compromise; provided, however, that Contractor shall not enter into any settlement that binds Indemnified Party in any way without the prior written consent of the pertinent Indemnified Party, which consent shall not be unreasonably withheld, delayed and/or conditioned.

23. Additionally, each party reserves all rights, including, but not limited to, ownership, title, intellectual property rights and all other rights and interest in and to any intellectual property that it makes available to the other party as is necessary for such other party’s performance under this Agreement.

24. With respect to each Product that Contractor provides to City hereunder, Contractor will provide to Cityan intellectual property infringement indemnity to the extent, and only to the extent, that Contractor receives an intellectual property infringement indemnity from the respective manufacturer for such Product. The terms and provisions of each intellectual property infringement indemnity that apply to the respective Products that Contractor provides to City hereunder are available at www.convergeone.com.

Because Contractor is not the manufacturer of any of the Products, Contractor will provide no indemnity with respect to any claim that arises from a combination of (i) a Product manufactured by one (1) manufacturer with a Product manufactured by a different manufacturer; or (ii) a Product that Contractor provides to City with any product that Contractor has not provided to City. Notwithstanding the preceding sentence, however, with respect to each individual Product involved in the aforementioned combinations, Contractor will still provide to City the intellectual property infringement indemnity to the extent, and only to the extent, that Contractor receives an intellectual property infringement indemnity from the respective manufacturer for each Product.

25. Contractor represents and warrants that Contractor has the legal right to enter into, and perform its obligations under this Agreement and each Purchase Order, including, without limitation, the right to deliver, pass title to, and grant a license with respect to the Products.

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pg. 4

26. Contractor represents and warrants that immediately prior to the sale of Products to City, Contractor will be the lawful owner thereof, free and clear of any liens and encumbrances (other than those that may arise under the terms and provisions of this Agreement). In addition, Contractor represents and warrants that Contractor has the full right, power, and authority to sell, deliver, or provide the Products to City.

27. Product Warranties. Products are warranted to City directly by the original equipment manufacturer (“OEM”). A copy of the OEM warranty is attached to this Purchase Order as Exhibit A. Except for the warranties of title and rightful transfer, the OEM warranty is City’s sole warranty with respect to such items. CONTRACTOR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OEM PRODUCTS.

28. Product Warranty Procedures and Disclaimers. The terms and provisions of this Section apply to all Products and Replacement Products provided hereunder.

a. If Products or Replacement Products do not conform to the Products warranty during the warranty period, City shall promptly notify OEM in writing of such non-conformance, which shall be stated in detail sufficient to describe both the problem and its symptoms. OEM, at its option, will either (i) repair such Products so that Products conform to the Products warranty; or (ii) replace such Products with Products that conform to the Products warranty (“Replacement Products”). Replacement Products are warranted as outlined above for the remainder of the original applicable Products warranty period. The original Products that were replaced become the property of OEM. The OEM will not charge City for the Replacement Products. OEM, however, may charge City for the time that is incurred to diagnose the problem and to repair or replace such Products, if the problem is not covered by the Products warranty.

b. THE EXPRESS WARRANTIES HEREIN CONTAINED ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH CONTRACTOR DISCLAIMS AND ARE EXCLUDED. CONTRACTOR DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PRODUCTS OR SERVICES PROVIDED HEREUNDER. CONTRACTOR DOES NOT WARRANT THAT THE PRODUCTS ARE IMMUNE FROM OR WILL PREVENT EITHER FRAUDULENT INTRUSION OR UNAUTHORIZED USE. CONTRACTOR WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED USE (OR THE IMPACTS OF FOR SUCH USE) OF COMMON CARRIER SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO THE PRODUCTS. UNLESS OTHERWISE AGREED IN THIS AGREEMENT, CITY IS SOLELY RESPONSIBLE FOR ENSURING THAT CITY’S NETWORKS AND SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION.

29. The Contractor and its agents and employees are independent contractors performing services for the City and are not employees of the City. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of City vehicles, or any other benefits afforded to employees of the City as a result of this Agreement. The Contractor acknowledges that all sums received hereunderare personally reportable by it for income tax purposes as self-employment or business income and are reportable for self-employment tax. The Contractor agrees not to purport to bind the City unless the Contractor has express written authority to do so, and then only within the strict limits of that authority.

30. Contractor states and affirms that neither the Contractor nor officer, stockholder, director or employee of the Contractor, is presently subject to any litigation or administrative proceeding before any court or administrative body which would have an adverse effect on the Contractor's ability to perform under this Agreement; nor, to the best knowledge of the Contractor, is any such litigation or proceeding presently threatened against it or any of its officers, stockholders, directors or employees. If any such proceeding

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pg. 5

is initiated or threatened during the term of this Agreement, the Contractor shall immediately disclose such fact to the City.

31. THE ENTIRE LIABILITY OF CONTRACTOR (AND CONTRACTOR’S OWNERS, OFFICERS, DIRECTORS EMPLOYEES, AGENTS, AND AFFILIATES) AND CITY’S EXCLUSIVE REMEDIES FOR ANY DAMAGE CAUSED BY ANY PRODUCT DEFECT OR FAILURE ARISING DURING THE PRODUCT WARRANTY PERIOD, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), SHALL BE THE REMEDIES STATED IN SECTIONS 26 AND 27 ABOVE NEITHER CONTRACTOR NOR CITY SHALL BE LIABLE FOR PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES OF ANY KIND; LOST, CORRUPTED, MISDIRECTED, OR MISAPPROPRIATED DATA; NETWORK DOWNTIME; INTERRUPTION OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS OR USE BY CITY; CHARGES FOR COMMON CARRIER TELECOMMUNICATIONS SERVICES; COST OF COVER; OR CHARGES FOR FACILITIES ACCESSED THROUGH OR CONNECTED TO THE PRODUCTS (“TOLL FRAUD”)). THE PREVIOUS SENTENCE APPLIES REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

32. The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the City. The Contractorshall not subcontract any portion of this Agreement without the prior written approval of the City. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Agreement, nor shall any subcontracting obligate payment from the City.

33. Any confidential information provided to the Contractor by the City or, developed by the Contractor based on information provided by the City in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. Upon termination of this Agreement, Contractor shall deliver all confidential materials in its possession to the City within thirty (30) calendar days of such termination, or alternatively, destroy such confidential information and provide written certification thereto. Contractor acknowledges that the unauthorized use or disclosure of confidential information will create a risk of irreparable harm to the City, entitling the City to seek injunctive relief, without the necessity of posting a bond, against the receiving party to prevent such harm in addition to all other remedies at law, including monetary damages.

34. The provisions of this Agreement are severable, and if for any reason, a clause, sentence or paragraph of this Agreement is determined to be invalid by a court or city or commission having jurisdiction over the subject matter hereof, such invalidity shall not affect other provisions of this Agreement, which can be given effect without the invalid provision.

35. This Agreement shall be subject to, governed by, and construed according to the laws of the City and the State of Kansas, and jurisdiction and venue of any suit in connection with this Agreement shall reside only in courts located in Sedgwick County, Kansas.

36. A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless expressed and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights.

37. All deliveries, notices, requests, demands or other communications provided for or required by this Agreement shall be in writing and shall be deemed to have been given when sent by overnight carrier or upon telephone confirmation by Contractor to the sender of receipt of a facsimile communication or e-mail that is followed by a mailed hard copy from the sender. Notices shall be addressed as follows:

To the City: City of Wichita - City Hall

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pg. 6

Attn: Kevin Norman455 N. MainWichita, KS [email protected]

To the Contractor: ConvergeOne, Inc.Attn: Legal Department 10900 Nesbit Avenue SBloomington, MN 55437

38. The Contractor and the City shall not be obligated to resolve any claim or dispute related to the Agreement by arbitration. Any reference to arbitration in prior discussions or documents is deemed void.

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pg. 7

IN WITNESS WHEROF, the parties have executed this agreement as of the date of signature by the required approval authorities below.

CITY OF WICHITA

______________________________ Date: _______________Brandon Whipple, Mayor

Attest:

_______________________________Karen Sublett, City Clerk


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pg. 8

Exhibit A

161

pg. 9

162



September 1, 2020


SUBJECT: Fidelity Bank Authorization Resolution


AGENDA: Consent _____________________________________________________________________________________

Recommendations: Adopt the resolution and authorize the necessary signatures.

Background: The City utilizes Fidelity Bank to process and service Neighborhood Improvement Revolving Loan program transactions. This program provides loan assistance for the purposes of historic preservation, rehabilitation and restoration, as well as rehabilitation of owner-occupied and rental homes.

Analysis: On August 7, 2018, the City Council adopted Authorizing Resolution 18-260 delegating individual authority with respect to specific banking transactions to ensure the proper segregation of duties and adequate internal controls. The authorizing resolution must be updated when staffing changes occur.

Financial Considerations: There are no financial considerations in connection with the changes to the resolutions.

Legal Considerations: The resolution has been approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council adopt the resolution updating the list of individuals authorized to execute transactions with Fidelity Bank and authorize the necessary signatures.

Attachment: Resolution

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City of Wichita Authorization Resolution 20-267

By:Fidelity Bank City of Wichita100 E. English 332 Riverview StreetWichita, KS 67202 Wichita, KS 67203Referred to as Financial Institution Referred to as Municipal Corporation

Account Number Account Name0060014463 Historical Loan Revolving Account 0060014471 Direct Loan Revolving Account9060011079 Rental Rehab Program

I, Karen Sublett, certify that I am the City Clerk of the City of Wichita, a Municipal corporation organized under the laws of Kansas, Federal I.D. Number 48-6000653, engaged in business under the trade name of City of Wichita, and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the Governing Body of the Corporation duly and properly called and held on ________________.These resolutions appear in the minutes of this meeting and have not been rescinded or modified.

Agents Any agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below:

Name and Title Signature

A. Robert Layton, City Manager ________________________________

B. Mark L. Manning, Interim Director of Finance ________________________________

C. Rob Raine, Interim City Treasurer ________________________________

D. Cheryl Busada, Debt Manager ________________________________

Powers Granted Indicate number of signatures required

A, B Open any deposit or share account(s) in the name of the Corporation 2A, B, C Endorse checks for deposit. 1A, B Issue orders for the payment of money or withdraw or externally transfer

funds on deposit with this Financial Institution. 2C, D Initiate recurring wire transfers to pre-authorized City of Wichita Accounts 1C, D Transfer funds internally between the above authorized accounts 1A & C or Jointly issue instructions to establish pre-authorized accounts for wire transfers. 2 B & C.

Limitations on Powers – The following are the Corporation’s express limitations on the powers granted under this resolution.

Any account agreements and any other contracts or agreements beyond checks, payment orders or other transfer or withdrawal directions authorized under “Powers Granted” above are subject to approval by the Corporation’s Governing Body.

This resolution supersedes all prior resolutions.

Certification of AuthorityI further certify that the Governing Body of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the resolutions and to confer the powers granted above to the persons named who have full power and lawful authority to exercise the same. This Corporation is a non-profit corporation.

In Witness Whereof, I have subscribed my name to this document and affixed the seal of the Corporation on September 1, 2020.

_____________________________ _____________________________Brandon J. Whipple, Mayor City Clerk

_____________________________Approved as to Form:Jennifer Magaña, City Attorney

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September 1, 2020


SUBJECT: Update of Intrust Bank Resolution


AGENDA: Consent

Recommendation: Adopt the resolution.

Background: On May 7, 2013, the City Council adopted Resolution No. 13-076 approving the selection of Intrust Bank, N.A. and authorizing the preparation, execution and delivery of agreements in connection therewith. The resolution specifically gave authority to Robert Layton and Shawn Henning to enter into agreements with the bank to establish authorizations and to conduct or establish banking procedures.

Analysis: Shawn Henning retired as Finance Director on August 28, 2020 and Mark L. Manning has been appointed as Interim Finance Director effective August 31, 2020. A new resolution is necessary granting authority to Mark L. Manning and removing Shawn Henning’s authority.

Financial Considerations: There are no costs involved in changing the resolution.

Legal Considerations: The resolutions will be approved as to form by the Law Department prior to execution.

Recommendations/Actions: It is recommended that the City Council approve the resolution appointing Mark L Manning authority to execute banking documents on behalf of the City of Wichita.


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A RESOLUTION APPROVING THE SELECTION OF INTRUST BANK, N.A., AS A BANKING SERVICES PROVIDER AND AUTHORIZING THE PREPARATION, EXECUTION AND

DELIVERY OF CERTAIN AGREEMENTS IN CONNECTION THEREWITH.

WHEREAS, the City of Wichita (the "City") has issued a Request for Proposal seeking responses for the provision of certain, specified banking services in relation to City funds and accounts; and

WHEREAS, INTRUST Bank N.A. (the "Bank") submitted the best proposal meeting the City's current needs and requirements; and,

WHEREAS, the City of Wichita has existing agreements for primary banking services with INTRUST Bank, N.A. and,

WHEREAS, INTRUST Bank, N.A. (the "Bank") is qualified to serve as a designated depository of municipal funds and is capable of providing arrangements meeting the City's current needs and requirements;

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICIDTA, KANSAS:

Section 1. Approval of Bank Selection. The governing body approves the selection of the Bank to provide banking services required by the City, including service as a designated depository of municipal funds pursuant to K.S.A. 9-140 I, which deposits are to be secured by pledges of acceptable securities , as provided by the City' s Investment Policy, K.S.A. 9-1402 and K.S.A. 9-1405, all as amended.

Section 2. Transfer Authority and Execution of Documents. The City Manager is hereby authorized and directed to agree upon , with representatives of the Bank, and to enter into agreement(s) setting forth, the terms and conditions upon which the Bank, in accordance with the specifications established by the City's Finance Department (and in forms approved by the City Attorney), will receive and maintain deposits and make transfers of the City's funds to or from any account of the City, wherever maintained , or from any account of the City to any firm, person, or bank, when acting upon request s, or orders, and that such terms and conditions may authorize the Bank to act upon requests received by voice communication given in accordance with procedures agreed upon with the Bank in writing and signed by either of the City' s officers or agents listed below :

Robert Layton, City Manager

Mark L. Manning, Interim Director of Finance

Furthermore, the City Clerk or any Deputy City Clerk is hereby authorized and directed to attest to any such agreement(s), for and on behalf of the City.

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Section 3. Delivery of Documents; Further Authority. The City Manager, City Clerk or other appropriate officers, agents or representatives of the City, are here by authorized and directed to deliver the above-referenced agreement(s) , and to execute and deliver such other documents and certificates as may be approved by the City Attorney as document s necessary and appropriate to carry out the intent of this Resolution.

Section 4. Certification. The City Clerk or any Deputy City Clerk is here by authorized and directed to certify this Resolution to the Bank.

Section 5. Effective Date. This Resolution shall take effect immediately upon its passage by the Governing Body of the City.

ADOPTED by the governing body of the City of Wichita, Kansas, this 1st day of September,2020.

CIT Y OF WICHITA, KANSAS

By: _ _ _____________________

Brandon J. Whipple, Mayor

ATTEST:


(SEAL)

Approved as to Form:

_____________ _Jennifer Magana, Director of Law and City Attorney

167



September 1, 2020


SUBJECT: Municipal Investment Pool Resolution Updating Authorizations


AGENDA: Consent ________________________________________________________________________________________

Recommendation: Adopt the resolution.

Background: State law, City ordinance and the City’s investment policy govern the investment of City funds. The existing investment policy was approved by the City Council in November 2019 and authorizes the option of investing up to 15% of the City’s investment portfolio in the State’s Municipal Investment Pool (MIP). The City Council first authorized the City’s participation in the MIP through Resolution No. 93-235 on May 18, 1993.

Analysis: Authorized staff has changed and there is a need to submit an updated list of employees authorized to execute transactions for the Municipal Investment Pool.

Financial Considerations: There is no direct cost to the City for utilizing the Municipal Investment Pool. The City uses the Municipal Investment Pool as a method to invest idle funds on a short-term basis and as needed for liquidity. Funds may be withdrawn from the MIP on demand and as needed for cash flow purposes.

Legal Considerations: The resolution has been approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council adopt the resolution updating the list of individuals authorized to execute investment transactions within the Municipal Investment Pool and authorize the necessary signatures.


168

1


A RESOLUTION RELATING TO PARTICIPATION IN THE MUNICIPAL INVESTMENT POOL AND UPDATING AUTHORIZATIONS FOR THE EXECUTION OF DOCUMENTS AND

TRANSACTIONS IN CONNECTION THEREWITH.

WHEREAS, the undersigned is a municipality, as defined in K.S.A. 12-1675, as amended (the “Participant”), and from time to time has funds on hand in excess of current needs, and

WHEREAS, it is in the best interest of the Participant and its inhabitants to invest funds in investments that yield a favorable rate of return while providing the necessary liquidity and protection of principal; and

WHEREAS, the Pooled Money Investment Board (the “PMIB”), operates the Municipal Investment Pool (MIP), a public funds investment pool, pursuant to Chapter 254 of the 1996 Session Laws of Kansas, and amendments thereto.

NOW THEREFORE, be it resolved as follows:

1. That the municipality designated below approves the establishment of an account in its name in the MIP for the purpose of transmitting funds for investment, subject to the MIP Participation Policy adopted by the Pooled Monday Investment Board, and municipality acknowledges it has received a current copy of such Participation Policy.

2. That the following individuals, whose signatures appear directly below, are officers or employees of the Participant and are each hereby authorized to transfer funds for investment in the MIP and are each authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of funds:

List officers or employees authorized to execute documents and make deposits and withdrawals:

Rob Raine Interim City TreasurerName Title

____________________________________Signature

Cheryl Busada Debt ManagerName Title

____________________________________Signature

3. Notice required by the PMIB’s Municipal Investment Pool Participant Policy shall be provided to:

Contact Person: Rob Raine, Interim City Treasurer

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2

Address: 455 N. Main, 12th FloorWichita, KS 67202

Telephone: (316) 268-4212Fax No. (316) 268-6263

4. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant and until the PMIB receives a copy of any such amendment or revocation, the PMIB is entitled to rely on the same.

The resolution is hereby introduced and adopted by the Participant at its regular meeting held on the 1st

day of September, 2020.

(Seal)

___________________________________ATTEST: Karen Sublett, City Clerk


__________________________________________By: Brandon J. Whipple, Mayor

Approved as to form: __________________________________________Jennifer Magaña, Director of Law and City Attorney

170



September 1, 2020


SUBJECT: Treasury Services Agreement


AGENDA: Consent _____________________________________________________________________________________

Recommendations: Adopt the resolution and authorize the necessary signatures.

Background: The City of Wichita has an existing banking agreement with Bank of America. Thisagreement allows Bank of America to facilitate electronic payment services for Water and Sewer Utility customers. Through this service, customers have the option of paying their monthly water bill via automatic draft from their bank account.

Analysis: Periodic review and updating of banking agreements due to staffing changes is required to maintain the service relationship. The authorizing resolution allows for preparation, execution and delivery of the updated agreement with Bank of America.

Financial Considerations: There are no financial considerations in connection with the resolution.

Legal Considerations: The resolution has been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council adopt the resolution updating the Treasury Services Agreement with Bank of America and authorize the necessary signatures.


171


A RESOLUTION OF THE CITY OF WICHITA, KANSAS, AUTHORIZING THE PREPARATION, EXECUTION AND DELIVERY OF CERTAIN UPDATED AGREEMENTS IN CONNECTION WITH BANKING SERICES PROVIDED BY BANK OF AMERICA, N.A.

WHEREAS, the City of Wichita has existing agreements for various banking services with Bankof America, N.A. and,

WHEREAS, Bank of America, N.A. (the "Bank") is qualified to serve as a designated depository of municipal funds and is capable of providing arrangements meeting certain of the City's current needs and requirements;

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Approval of Bank Selection. The governing body approves the selection of the Bank to provide banking services required by the City, including service as a designated depository of municipal funds pursuant to K.S.A. 9-1401, which deposits are to be secured by pledges of acceptable securities, as provided by the City’s Investment Policy, K.S.A. 9-1402 and K.S.A. 9-1405, all as amended.

Section 2. Transfer Authority and Execution of Documents. The City Manager is hereby authorized and directed to agree upon, with representatives of the Bank, and to enter into agreement(s) setting forth, the terms and conditions upon which the Bank, in accordance with the specifications established by the City’s Finance Department (and in forms approved by the City Attorney), will receive and maintain deposits and make transfers of the City's funds to or from any account of the City, wherever maintained, or from any account of the City to any firm, person, or bank, when acting upon requests, or orders, and that such terms and conditions may authorize the Bank to act upon requests received by voice communication given in accordance with procedures agreed upon with the Bank in writing and signed by either of Robert Layton, City Manager and Mark L. Manning, Interim Director of Finance, each of whom (together with Rob Raine, Interim City Treasurer) will provide appropriate specimen signatures by manually executing appropriate signature cards or forms supplied to the Bank. Furthermore, the City Clerk or any Deputy City Clerk is hereby authorized and directed to attest to any such agreement(s), for and on behalf of the City.

Section 3. Delivery of Documents; Further Authority. The City Manager, City Clerk or other appropriate officers, agents or representatives of the City, are hereby authorized and directed to deliver the above-referenced agreement(s), and to execute and deliver such other documents and certificates as may be approved by the City Attorney as documents necessary and appropriate to carry out the intent of this Resolution.

Section 4. Certification. The City Clerk or any Deputy City Clerk is hereby authorized anddirected to certify this Resolution to the Bank.

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Section 5. Effective Date. This Resolution shall take effect immediately upon its passage by the Governing Body of the City.

ADOPTED AND APPROVED by the Governing Body of the City of Wichita, Kansas, on September 1, 2020.

(Seal)

________________________________ Brandon J. Whipple, Mayor

ATTEST:

_____________________________Karen Sublett, City Clerk

APPROVED AS TO FORM

_____________________________Jennifer Magaña, Director of LawAnd City Attorney

173



September 1, 2020


SUBJECT: ZON2020-00022 - City Zone Change from SF-5 Single-family Residential to TF-3 Two-family Residential Zoning District, Generally Located One-Third Mile North of West 31st Street South on the West Side of South Maize Road (District IV)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendations: Approve (11-0), subject to staff recommendations.

MAPD Staff Recommendations: Approve.

DAB IV Recommendations: Approve (8-0), subject to staff recommendations.

174

BACKGROUND: The applicant/owner is requesting the rezoning of 11 lots in Block A and Reserve “A” and Reserve “B” along with 11 lots in Block B, in the Schulte Johnson Addition (approximately 7.38 acres) from SF-5 Single Family Residential (SF-5) to TF-3 Two Family Residential (TF-3). The subject property is currently undeveloped and is located approximately one-third mile north of West 31st Street South on the west side of South Maize Road. This is a newly developed area and the intent is to develop with duplexes on the lots in question.

Properties north and west of the subject site are undeveloped single-family zoning lots in the Schulte Johnson Addition. Property to the south is located in the unincorporated area of Sedgwick County and is zoned SF-20 Single-Family Residential and is agricultural land with a single-family residence. Property east of the subject site is zoned SF-20 Single-Family Residential and is agricultural land with a single-family residence.

Analysis: On July 9, 2020, the Metropolitan Area Planning Commission (MAPC) approved the application (11-0). One member of the public spoke at the MAPC meeting with questions regarding drainage.

District Advisory Board (DAB) IV reviewed the request on August 3, 2020 and recommended approval (8-0). There were no questions from the public.

No protest petitions were received. The request can be approved with a simple majority vote.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC and approve the requested zone change, place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires four of seven votes).

Attachments: MAPC minutesDAB IV ReportOrdinance

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EXERPT MINUTES FOR JULY 9, 2020 WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION MEETING

4. PUBLIC HEARINGS

4.5 Case No. ZON2020-00019 – City zone change from SF-5 Single-Family Residential to TF-3 Two-Family Residential on property associated with Schulte-Johnson 2nd Addition located on the west side of South Maize Road, one-third mile north of West 31st Street South, described as follows:

All of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Block A, together with all of Reserves “A” and “B”, together with all of Basil St, together with part of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Block B, together with part of Wildwood St, Wildwood Cir, and Westgate St, all as platted and dedicated in Schulte-Johnson Addition, Wichita, Sedgwick County, Kansas, and all of the above lying within and being coincident with the following described tract of land: Beginning at the southeast corner of said Reserve “A”; thence S87º54’44”W coincident with the south line of said Reserve “A” and said Block A, 914.36 feet to the most southerly southwest corner of Lot 9 in said Block A; thence N38º07’24”W coincident with the southwest line of said Lot 9 and Lot 10 in said Block A, 217.52 feet to a deflection corner in the southwest line of said Lot 10; thence N05º34’16”W, 134.95 feet to the intersection with the south right-of-way line of said Wildwood St; thence east-northeasterly coincident with said south right-of-way line and the east-northeasterly prolongation thereof, being a non-tangent curve to the right, through a central angle of 09º47’54” and having a radius of 568.00 feet, an arc distance of 97.14 feet, (having a chord length of 97.02 feet bearing N73º46’27”E), to the point of reverse curvature of a tangent curve to the left; thence northeasterly coincident with said curve, through a central angle of 23º06’22” and having a radius of 132.00 feet, an arc distance of 53.23 feet, (having a chord length of 52.87 feet bearing N67º07’13”E), to the point of reverse curvature of a non-tangent curve to the right; thence easterly, southeasterly, and southerly coincident with said curve, through a central angle of 94º27’57” and having a radius of 53.00 feet, an arc distance of 87.38 feet, (having a chord length of 77.82 feet bearing S61º58’45”E), to the end of said curve; thence N87º54’47”E, 842.60 feet to the intersection with the east line of Lot 11 in said Block B; thence S01º33’22”E coincident with the east line of said Lot 11, said Basil St, and said Reserve “A”, 314.03 feet to the point of beginning. Containing 321620.4 Sq. Ft., or 7.383 Acres, more or less.

BACKGROUND: The applicant/owner is requesting the rezoning of 11 lots in Block A and Reserve “A” and Reserve “B” along with 11 lots in Block B, in the Schulte Johnson Addition (approximately 7.38 acres) from SF-5 Single Family Residential (SF-5) to TF-3 Two Family Residential (TF-3). The subject property is currently undeveloped and is located approximately one-third mile north of West 31st Street South on the west side of South Maize Road. This is a newly developed area and the intent is to develop with duplexes on the lots in question.

Properties north and west of the subject site are undeveloped single-family zoning lots in the Schulte Johnson Addition. Property to the south is located in the unincorporated area of Sedgwick County and is zoned SF-20 Single-Family Residential and is agricultural land with a single-family residence. Property east of the subject site is zoned SF-20 Single-Family Residential and is agricultural land with a single-family residence.

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CASE HISTORY: The subject site is being platted as the Schulte Johnson Addition in July, 2020.

ADJACENT ZONING AND LAND USE:

NORTH: SF-5 Single-family residencesSOUTH: SF-20 Single-family dwelling and agricultural landEAST: SF-20 Single-family dwelling and agricultural landWEST: SF-5 Undeveloped

PUBLIC SERVICES: South Maize Road is a two-lane, paved arterial street with a 120-foot right-of-way. The property has direct access to South Maize Road. Water and Sewer Utilities are available to be extended to the site.

CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan, 2035 Future Growth Map identifies the area as appropriate for New Residential. This area will likely be developed or redeveloped by 2035 with residential uses. Housing types within this area will likely be single-family residential and two-family residential.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, as submitted.

1. The zoning, uses and character of the neighborhood: Properties north and west of the subject site are undeveloped single-family zoning lots in the Schulte Johnson Addition. Property to the south is located in the unincorporated area of Sedgwick County and is zoned SF-20 Single-Family Residential and is agricultural land with a single-family residence. Property east of the subject site is zoned SF-20 Single-Family Residential and is agricultural land with a single-family residence.

2. The suitability of the subject property for the uses to which it has been restricted: The

property is presently zoned SF-5 Single Family Residential and the property could be developed with a new single-family dwellings.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The re-zoning of the parcel to TF-3 will not detrimentally affect nearby properties.

4. Length of time the property has been vacant as currently zoned: This property has been agricultural land at least since 1938.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Community Investments Plan, 2035 Future Growth Map identifies the area as appropriate for New Residential. This area will likely be developed or redeveloped by 2035 with residential uses. Housing types within this area will likely be single-family residential and two-family residential.

6. Impact of the proposed development on community facilities: Development of the property would not have any impact on community facilities or resources. All public improvements are available to be extended to serve the property.

MORGAN, PLANNING STAFF, presented the staff report and stated that she would answer any specific questions from the Commission members.

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DUXLER: Has DAB IV heard this case and did they make a recommendation?

DAVE YEAROUT, PRINCIPAL PLANNER, DAB IV will hear this case on Monday, August 3, 2020.

KRIS ROSE, BAUGHMAN COMPANY, AGENT FOR THE APPLICANT: Agent agrees with staff comments and stated he would answer any questions.

MICHAEL THOME, 203 SOUTH CEDAR PARK CIRCLE, WICHITA: I own land to the south. This area has never flooded, will he change the landscape and make my property flood? He (the applicant) has two lateral lines on his side and I have the header cut so it won’t disrupt my lateral line.

MORGAN: During the platting process, a drainage plan will be required because of the acreage of the site. Subdivision Regulations require that water does not drain to adjacent properties.

THOME: He has one drainage pond dug, will he have to have more ponds.

MORGAN: There are five reserves noted on the plat that are for drainage.

WARREN: Dave do you want to speak on the process for platting?

YEAROUT: When the plat was approved, there was a drainage plan submitted. When they start developing the subdivision all utilities will have to be extended and the final drainage plan will have to be in compliance.

FOSTER: I suggest that Mr. Thome be put in contact with Joe Hickle.

THOME: Is there a date for construction to begin?

GROSS: Does he need the contact information for Joe Hickle?

YEAROUT: Mr. Thome can contact the Planning Department for that information.

ROSE: The start date for development will be dependent on when the sanitary sewer can get extended. There may be some site improvement that can be done, but nothing major until the sewer is extended.

WARREN: If there are no other comments from the public, I will bring the discussion back to the commission and ask for a motion.

MOTION: To approve subject to the staff recommendations.

DUXLER moved, HARTMAN seconded the motion, and it carried (11-0).

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of 1

INTEROFFICE

MEMORANDUM

TO: MAPD

FROM: Rebecca Fields, Community Services Representative, District IV

SUBJECT: ZON2020-00022


On Monday, August 3, 2020, the District IV Advisory Board considered an application for the

rezoning of 11 lots in Block A and Reserve “A” and Reserve “B” along with 11 lots in Block B,

in the Schulte Johnson Addition (approximately 7.38 acres) from SF-5 Single Family Residential

(SF-5) to TF-3 Two Family Residential (TF-3). The subject property is currently undeveloped

and is located approximately one-third mile north of West 31st Street South on the west side of

South Maize Road. This is a newly developed area and the intent is to develop with duplexes on

the lots in question.

Properties north and west of the subject site are undeveloped single-family zoning lots in the

Schulte Johnson Addition. Property to the south is located in the unincorporated area of

Sedgwick County and is zoned SF-20 Single-Family Residential and is agricultural land with a

single-family residence. Property east of the subject site is zoned SF-20 Single-Family

Residential and is agricultural land with a single-family residence.

Philip Zevenbergen, Associate Planner, with the Metropolitan Area Planning Department

(MAPD), presented this case to the board. Phil Meyer with Baughman Company was on hand to

answer any questions. There were no questions from the DAB and no questions from the public.

DAB Member Dalton Glasscock motioned to approve this case, and there was a 2nd motion from

DAB Member Alex Martinez. The request was approved 8/0.

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OCA 150004 PUBLISHED IN THE WICHITA EAGLE ON September 11, 2020

ORDINANCE NO. 51-340

AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED.

BE IT ORDAINED BY THE GOVERNING BODYOF THE CITY OF WICHITA, KANSAS.

SECTION 1. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows:

Case No. ZON2020-00022

City zone change from SF-5 Single-Family Residential to TF-3 Two-Family Residential zoning lot described as:

All of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Block A, together with all of Reserves “A” and “B”, together with all of Basil St, together with part of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Block B, together with part of Wildwood St, Wildwood Cir, and Westgate St, all as platted and dedicated in Schulte-Johnson Addition, Wichita, Sedgwick County, Kansas, and all of the above lying within and being coincident with the following described tract of land: Beginning at the southeast corner of said Reserve “A”; thence S87º54’44”W coincident with the south line of said Reserve “A” and said Block A, 914.36 feet to the most southerly southwest corner of Lot 9 in said Block A; thence N38º07’24”W coincident with the southwest line of said Lot 9 and Lot 10 in said Block A, 217.52 feet to a deflection corner in the southwest line of said Lot 10; thence N05º34’16”W, 134.95 feet to the intersection with the south right-of-way line of said Wildwood St; thence east-northeasterly coincident with said south right-of-way line and the east-northeasterly prolongation thereof, being a non-tangent curve to the right, through a central angle of 09º47’54” and having a radius of 568.00 feet, an arc distance of 97.14 feet, (having a chord length of 97.02 feet bearing N73º46’27”E), to the point of reverse curvature of a tangent curve to the left; thence northeasterly coincident with said curve, through a central angle of 23º06’22” and having a radius of 132.00 feet, an arc distance of 53.23 feet, (having a chord length of 52.87 feet bearing N67º07’13”E), to the point of reverse curvature of a non-tangent curve to the right; thence easterly, southeasterly, and southerly coincident with said curve, through a central angle of 94º27’57” and having a radius of 53.00 feet, an arc distance of 87.38 feet, (having a chord length of 77.82 feet bearing S61º58’45”E), to the end of said curve; thence N87º54’47”E, 842.60 feet to the intersection with the east line of Lot 11 in said Block B; thence S01º33’22”E coincident with the east line of said Lot 11, said Basil St, and said Reserve “A”, 314.03 feet to the point of beginning.

SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended.

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SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

ATTEST:Brandon J. Whipple, Mayor, City of Wichita

______________________________Karen Sublett, City Clerk

(SEAL) Approved as to form: Jennifer Magan᷉a, City Attorney and Director of Law

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