City of Arkansas City Board of City Commissioners · Burns & McDonnell Engineering Company, Inc. to...

City of Arkansas City Board of City Commissioners

Agenda

Regular Meeting Tuesday, February 21, 2017 @ 5:30 PM

Commission Room, City Hall — 118 W. Central Ave. — Arkansas City, KS

I. Routine Business

1. Roll Call 2. Opening Prayer and Pledge of Allegiance 3. Additions or Deletions to the Agenda (Voice Vote) 4. Approval of the Agenda (Voice Vote)

II. Awards and Proclamations III. Recognition of Visitors

Spring Hill Golf Course Update Brett Von Martin Dangerous Structure Update

IV. Comments from the Audience for Items Not on the Agenda

Each speaker will state his or her name and address before making any comments. Each speaker will have three (3) minutes to present his or her comments. Comments or questions will be directed only to the City Commission. Debate or argument between parties in the audience will not be allowed. Repeated reiterations by speakers will not be allowed. Violations of comment procedure will result in being directed to cease speaking or resume sitting.

V. Consent Agenda (Voice Vote)

1. Approve the February 7, 2017 regular meeting minutes as written. 2. Authorize Mayor to sign the annual Statement of Assurance from the Kansas Department of Wildlife

and Parks on continuing use of Recreational Facilities funded by Land and Water Conservation Grant funds.

3. A Resolution setting a public meeting of the Governing Body of the City of Arkansas City on Friday, March 3, 2017 at 12:00 noon to tour the Water Treatment Facility construction progress.

4. A Resolution authorizing the City of Arkansas City to enter into a Change Order Agreement with Walters-Morgan Construction, Inc. regarding the Water Treatment Plant Improvements.

5. Ratify Mayor Duane Oestmann’s reappointment of Stephanie Wall Brown to the Outstanding Young Student Award Committee.

6. A Resolution authorizing the City of Arkansas City to execute an agreement to extend the Interlocal Cooperation Agreement for the operation of an Economic Development Program for an additional three year period.

VI. Old Business

1. Consider a Resolution approving an Operating Agreement with Springhill Golf and Recreation Association, Inc. (Voice Vote)

2. Consider second reading of an Ordinance modifying the Municipal Code of the City of Arkansas City Section 58-24, regarding illegal registration, illegal out-of-state tag. (Roll Call Vote)

3. Ratify Mayor Duane Oestmann’s appointments to the 2017 Capital Improvement Planning Committee. (Voice Vote)

VII. New Business

1. Consider a Resolution authorizing the City of Arkansas City to enter into a contract agreement with Burns & McDonnell Engineering Company, Inc. to evaluate the available water rights within the existing well field, identify potential for securing additional water supply and assist with application for new water rights from the Division of Water Resources for an amount not to exceed $85,698.00. (Voice Vote)

2. Consider a Resolution authorizing an agreement to transfer a portion of Carver Park to Cowley County Community College. (Voice Vote)

VIII. City Manager Updates IX. Other Business X. Adjournment

Item for City Commission Action Section V Item 1

Meeting Date 02/21/2017

Department/Division City Manager

Staff Contacts Lesley Shook / Andrew Lawson

Title: Consent Agenda Item: Approve the February 7, 2017, regular meeting minutes as written.

Description: Please see attached document.

Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for consideration as new business.

Fiscal Impact: Amount: N/A Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain) Approved for Agenda by:

City Manager

City Commission of Arkansas City Meeting Minutes

February 7, 2017 Page 1

The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. February 7, 2017, in the Commission Room at City Hall, 118 W. Central Ave., in Arkansas City. Mayor Duane L. Oestmann called the meeting to order. Those also present at roll call were Commissioner Dan Jurkovich, Commissioner Charles Tweedy III, Commissioner Jay Warren and Commissioner Karen Welch. City employees present at the meeting were City Manager Nick Hernandez, City Attorney Tamara Niles, Public Information Officer Andrew Lawson, City Clerk Lesley Shook, Finance Director Kathy Cornwell, Public Works Director Eric Broce, Assistant Public Works Director Mike Crandall, Public Services Superintendent Randy Jacobs, City Planner Josh White, Fire Chief Bobby Wolfe, Police Chief Dan Ward and ACPD Capt. Mark McCaslin. South Central Kansas Medical Center was represented by chief financial officer Holly Harper. The Arkansas City Historic Preservation Board was represented by chair Kevin Cox and Jean Snell. Citizens in attendance included Dennis Call, Mylissa Call, Curtis Eaton, Kanyon Gingher, Ken Harader, Brett Von Martin, Gareth McGee, Steven Walker, Cowley CourierTraveler reporter Cody Griesel and Ark City Daily Bytes reporter Jeni McGee. Commissioner Warren offered the opening prayer. Mayor Oestmann led the pledge of allegiance. Agenda Approval Commissioner Tweedy made a motion to approve the agenda as presented. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the agenda approved. Recognition of Visitors South Central Kansas Medical Center chief financial officer Holly Harper said 2016’s average daily census declined 5 percent from 2015 and surgeries were down 7 percent over the same time period. Commissioner Warren asked Harper to explain what goes into average daily census. She explained that observation patients and outpatients generally are not included in those figures, only traditional inpatients. Outpatients were up slightly, about 1 percent, over 2015. Emergency department visits were about the same. Deductions increased in 2016 by $1.5 million over 2015, while gross revenue was up $1.77 million. Harper explained how much of the purchased services ($515,200) moved into the salaries and benefits “bucket.” Professional fees increased by $891,633 due to the change in emergency department providers. That contributed to an increase of $869,850 in total operating expenses, but thanks to higher sales tax revenues in 2016, the net loss for SCKMC only rose by $41,961, to $1.88 million. Harper said cash on hand at the end of 2016 was nearly double what it was the prior year, although still not high enough. Accounts receivable were down $37,351, while South Central Kansas Clinic nearly doubled what it owes.



Accounts payable have declined $114,000. The amount due to the City increased by $954,968 to $1.155 million. Harper showed how Medicare and Medicaid declined as revenue sources in 2016, while private pay held steady. In 2016, Harper was able to shrink the “121 days or more past due” bucket in accounts payable from $531,347 to just $54,639. The 91-120 days bucket also is down slightly. Nearly half of the payables are current now. Mayor Oestmann said the accounts payable looked better than they had, but Harper said they’re still too high. Harper said the Geriatric Psych Unit opened January 1 and had 237 patient days that month. She said the goal is to average 260 per month, but 237 was really good considering it was just the first month of the program. The average daily census has been running about 7.65 and the goal is to average 8.4, numbers that could almost double the “normal” average daily census for the hospital given what those rates have been running recently. Commissioner Welch asked about sources for referrals. Harper said the Veterans Administration was a big one, but there has been a good flow from local nursing homes such as Alderbrook Village and Presbyterian Manor. Harper said SCKMC chief executive officer Virgil Watson could not be at the meeting because he was on his way to Topeka to testify February 8 in favor of KanCare expansion in Kansas. She said it could add $1.7 million to the bottom-line revenues (actual income) for SCKMC and $3.5 million to the area, including Wellington’s hospital. Commissioner Warren asked if it was a state or national problem. Harper said that right now, it is a state problem. In addition to the Geriatric Psych Unit, Harper said SCKC is starting to receive Rural Health Clinic reimbursement dollars and thus beginning to repay SCKMC, which will in turn help to reduce the accounts payable even further. She also reported the February bond payment was made to the City the previous day, and the 340B pharmacy program will start April 1 at the downtown clinic and two area pharmacies. Comments from the Audience Mylissa Call, 801 South D St., came to complain about a notice that had been posted on two of her vehicles during the weekend. The notice from the Arkansas City Police Department indicated they were derelict vehicles. The vehicles were tagged and insured, and she said she felt there was no reason for them to be impounded or towed. She talked about some passages in the 2017 Standard Traffic Ordinance that concern disabled vehicles. She also quoted a section of Municipal Code that deals with disabled vehicles. Call argued her vehicles did not fit the definition of disabled in either statute and many other vehicles in the neighborhood also had the notices. Call and her husband travel all of the time, so the vehicles often are left parked for months at a time. They are business vehicles that are used occasionally. Call said she has no driveway and doesn’t want to park in the yard. Commissioner Warren asked if the interpretation of having to move the vehicle after 48 hours was correct. City Attorney Niles said there are two different ordinances in play here. One restricts parking for more than 48 hours.



The junk vehicles ordinance is different than the ordinance and state law that prevent long-term parking in the right-of-way, which includes City streets. Call said there had been no complaints about the two vehicles. Commissioner Welch said these sorts of things usually are complaint-driven. Since this is a state law, she asked Call if there was some exception to state law that she thought she should receive. Call said she wasn’t seeking an exception, but she thinks Ark City should join some other communities that have chosen not to enforce it. Commissioner Welch asked Call what she thought the City should do. Call said it should stop at trailers and RVs. Mayor Oestmann called on Police Chief Ward, who said the removal of trailers and RVs in the streets is a blight issue that also is aimed at reducing crimes such as burglary and vandalism in residential neighborhoods. That effort was a huge success, he said, with nearly total compliance, and not a single citation had to be issued. The next step was to address broken-down vehicles or those that have been there for a very long time. He said he didn’t want to go after vehicles that have been there for just 48 hours. He wanted vehicles marked and owners contacted as a way to initiate conversations. No citations have been issued and no vehicles were towed. As with trailers and RVs, Ward said, ACPD is seeking 100-percent voluntary compliance with the ordinances. Mayor Oestmann asked if there was an exception for Call’s business trucks. Ward said they have to be moved on a regular basis and the vehicles were not movable when the officer came by. One since has been moved. City Manager Hernandez said the types of vehicles he discussed with Chief Ward were ones that obviously have not been moved in quite some time. He talked about the kinds of visual indicators that officers tend to look for. Hernandez and Ward said there definitely have been citizen complaints about these vehicles. Commissioner Warren said he was struggling with this case, but Ward said he cannot make exceptions to the law for anyone. Mayor Oestmann asked if Call now was clear on what it would take to avoid any future issues. She said she was. Hernandez promised the City will work with people. Ward said he has had lots of positive feedback on this effort. Mayor Oestmann called on Brett Martin, 617 S. Fourth St. Martin said a mold remediator sent off samples for testing and was going to submit a preliminary report to Neighborhood Services Superintendent Richard Brown. Martin also said he is working with Kent Hinson to be his general contractor, but he has not yet pulled a permit. Hernandez and Mayor Oestmann instructed Martin to submit the report to Brown immediately, as previously ordered. They also said he needs to obtain proper permits immediately, which should have been done already. Hernandez said that would extend the clock by an additional 60 days. He said the City would work with Martin. Consent Agenda Commissioner Warren made a motion to approve the consent agenda as presented, including the following:



1. Approving the January 17, 2017, regular meeting and January 26, 2017, special meeting minutes as written. 2. Ratifying Mayor Oestmann’s appointments of Sue Lancaster, Tammy Lanman-Henderson and Chris

Tackett to the Outstanding Young Student Award Committee. 3. Ratifying Mayor Oestmann’s appointments of Arty Hicks, Carlla Pike, Liz Shepherd, Shawn Silliman, Dena

Ward, and Sara Williams to the Convention and Visitors Bureau Board of Directors. 4. Approving a temporary cereal malt beverage license for February 18, 2017, at the Agri-Business Building,

715 W. Washington Ave., for Brittany Dunlap. Commissioner Warren asked if the CMB license was for the MMA event. City Manager Hernandez and City Clerk Shook said Dunlap was obtaining the license as an individual, not as part of her business, Britt’s Sports Bar & Grill. Police Chief Ward said the event organizer was working with Cowley College to provide security and two of his officers had been hired, as well. ACPD Capt. McCaslin was attending a meeting that day to discuss the security. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the consent agenda approved. New Business

Historic Preservation Fund Grant Resolution No. 2017-02-3074

City Clerk Shook presented for discussion a resolution authorizing the City to file an application for a Historic Preservation Fund Grant administered by the National Park Service for a historic survey of the Downtown Commercial District, pledging matching funds and in-kind services for said grant, and authorizing Mayor Oestmann and City Manager Hernandez to execute any and all documents necessary to apply for and accept the grant. City Planner White said the last downtown survey was in 1983. Since then, some buildings have been torn down and others have become newly eligible for possible inclusion on the National Register of Historic Places. This grant would make possible the work needed to make sure the district is up to date. It has the full support of the Historic Preservation Board, which recommended applying for the grant and is willing to provide in-kind labor. This project is informational only and will not by itself add or subtract any properties from the district, White said. He showed a map of the current district that also highlighted what other properties might be worth surveying, at about $100 per property. There will no net cost to the City, since the consultant’s costs will be reimbursed. Board member Jean Snell said the project could help with assessing downtown living spaces for rehabilitation. City Manager Hernandez said it is very important to do things such as this so the City does not lose its Certified Local Government status with the State Historic Preservation Office, which allows for more local discretion. Mayor Oestmann made a motion to approve the resolution. Commissioner Warren seconded the motion. A roll call vote resulted in four aye votes and one nay vote, with Commissioner Jurkovich dissenting. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-02-3074.



Illegal Registration Ordinance City Clerk Shook presented for discussion a first reading of an ordinance modifying Municipal Code Section 58-24, regarding illegal registration and illegal out-of-state tags. City Attorney Niles said the proposed ordinance is based on existing state law and does not create any new laws, but it more clearly defines what is and isn’t allowed under Kansas law, and makes the law clearer to understand. Niles explained some of the exceptions to the law and under what circumstances they might be allowed. She said violations of the law, with people registering in Newkirk, appear to be a very large problem in Arkansas City. This ordinance is the first step in a public information campaign to make citizens aware of the law and encourage voluntary compliance before enforcement is stepped up by the police department. Commissioners Warren and Tweedy asked how this will be enforced. Niles said there already is a long list because ACPD officers see when Oklahoma-tagged vehicles are parked overnight in Arkansas City regularly. Commissioner Warren asked how much registration money comes back to the City. City Manager Hernandez said not very much. Niles said it is a tax evasion issue and registering correctly simply is the right thing to do. Commissioner Warren asked if this should be approached more on a countywide level. Niles said it is state law. Chief Ward said many citizens have complained to him about abuse of the loophole that allows Arkansas City residents to register their vehicles in Oklahoma with Arkansas City or other Kansas addresses. He said his attempts to work with the Oklahoma Division of Motor Vehicles and the state’s legal counsel to address these tax evasion issues have been unsuccessful so far. This is an attempt to address the issue locally. Ward said he is not used to this problem, but it is a major issue all along the southern border of Kansas. Some border cities charge people criminally for tax evasion, but he said that would be over the top for Arkansas City. Ward said he doesn’t care if citations are treated as an equipment issue and, if it is fixed, the charges could be dismissed. This is not about generating revenue, he said. It’s about fairness and spurring voluntary compliance. City Manager Hernandez related a story about a neighbor of his who became fed up with another neighbor violating the law, so that person ended up obtaining Oklahoma tags, too. This ordinance only affects law-breakers. Commissioner Warren said he doesn’t want to see Oklahoma-tagged vehicles pulled over automatically. Ward said there has to be probable cause, such as a traffic violation, in order to initiate the traffic stop in the first place. Commissioner Tweedy asked if this would address trailers and boats. Niles said motor vehicles are the priority. Commissioner Warren said there are 22,900 tagged vehicles, including trailers and RVs, in the Arkansas City area. Commissioner Jurkovich asked if passing the ordinance was necessary to enforce the law. Niles said it was not, but the current ordinance is confusing to both citizens and police officers. Mayor Oestmann and Niles suggested taking no action on the ordinance, with a second reading to be held Feb. 21.



New Sanitation Trucks Resolution No. 2017-02-3075

City Clerk Shook presented for discussion a resolution authorizing the purchase of two new sanitation trucks from Downing Sales & Service, Inc., of Phillipsburg, Missouri, for an amount not to exceed $347,205.00. Public Works Director Broce gave a brief presentation to the commissioners about his department’s sanitation goals, which include providing better customer service, developing more efficient routes, increasing community participation in recycling and ultimately providing a cleaner environment. He said the financial situation with South Central Kansas Medical Center in 2016 represented a minor setback in achieving these goals until this year. To accomplish these goals, Broce said, the Public Services Division will need to transition to four-day residential trash service, which will alleviate confusion during weeks with holidays and free up one day a week for various tasks such as special pickups, recycling drop-off, and commercial recycling. Additionally, Broce and City Manager Hernandez said, the implementation of onboard GPS units in all of the sanitation trucks will help to make routes more efficient and better document when residential poly-carts haven’t been put out. It will assist inexperienced drivers with following the route, which increases cross-training. Going to a four-day schedule also would reduce advertising costs and cut down on overtime pay, because the current Saturday recycling drop-off point on West Madison Avenue could be moved to Friday. He said total recycled materials collected have increased from 36 tons in 2013 to 305 tons in 2016. Finally, the purchase of the new trucks and transitioning to four days a week could make possible the launch of a pilot curbside recycling program in selected neighborhoods later this year, with a full-scale volunteer curbside recycling program feasible as soon as 2018 or 2019, if the pilot program demand seems to justify going citywide. Commissioner Welch said many people do not recycle because their old trash cans were picked up when the new poly-carts were rolled out. Broce said there is a surplus of smaller 64-gallon containers, which proved much less popular than the larger size, available to be modified with new lids and serve as dedicated recycling containers. Other benefits of the planned changes include improved customer service, better workflow for new service orders and special pickups, and a routine day such as Friday dedicated to sanitation truck fleet maintenance. Broce said holiday notifications would be much simpler and Hernandez said there could be magnets or mailings showing when the routes shift left or right by one day. The four-day route basically parallels the holiday routes. Broce showed the GPS-tracked routes for each of the five days of service, pointing out some of the inefficiencies staff has identified. He also said some commercial trucks occasionally jump in and pick up residential trash, but with the proposed purchases, a truck would be able to be dedicated to five-day commercial trash service only. Commissioner Tweedy asked how often the two recycling trailers are dumped because most of the complaints he hears is that they are full much of the time. Broce said they are emptied three times a week and Public Services Superintendent Jacobs said it takes 1 1/2 staff about an hour and a half to complete that effort each day. Increasing recycling participation by just a little could make it a break-even or profitable proposition, Broce said. Assistant Public Works Director Crandall described the bidding process and outlined the capacities of the trucks.



He said the current truck to be replaced is 14 years old and has 101,323 miles. It would be traded in for $10,000 value. Another active truck will be downgraded to backup status if both new trucks are purchased, Crandall said. He said one of the trucks was in the budget last year, but staff held off on the purchase due to the SCKMC issues. A new Pak-Mor 25-yard tandem-axle truck will join the regular residential fleet, while a 20-yard single-axle truck will be used for commercial pickups downtown because it is easier and safer to maneuver through city alleys. Mayor Oestmann asked if the single-axle will allow for daily commercial pickup. Hernandez said it varies by location — some businesses are picked up once a week, some three times a week and some five times a week. Commission Warren asked how these purchases could affect the future acquisition of a “one-armed bandit” truck. Crandall said they would have little effect because at least one more truck will need replacement by then. Commissioner Tweedy asked if there were any local companies willing to sell the City a used truck or two. Crandall said he did not know of any, and they would be at a higher risk of suffering mechanical breakdowns. Hernandez and Jacobs said the trade-in truck has broken down at least 10 times and has numerous problems. Hernandez said the ultimate goal is for the entire residential fleet to be one-arm bandits, with a tipper used for commercial pickups, but reaching that goal will take a substantial up-front capital investment that will take time. Commissioner Warren indicated he was ready to purchase a one-arm bandit and begin curbside recycling. He said increased recycling could pay for the cost of a one-arm bandit quickly in reduced tipping fees. Hernandez said that for that to happen, curbside recycling would have to become mandatory or include an extra fee for those who use it, in order to recollect the costs, because only a few individuals recycle enough materials. Commissioner Tweedy asked what happens if someone discards an item that is not recyclable in one of the trailers. Jacobs said his crews usually just remove the items. Sorting also is done at the county recycling center. Mayor Oestmann asked if the division was short two sanitation trucks now. Jacobs said it would be if they went to the four-day residential pickup schedule. Commissioner Tweedy asked how soon that could be implemented. Jacobs said the trucks will be delivered in the next 165 to 210 days, so it might not be until the end of this year. Hernandez said staff still is considering purchasing any additional trailer, but has to consider employee costs. Commissioner Warren asked where the money could come from. Hernandez said the trucks will be purchased out of the Sanitation Fund, which has more than $1 million in expendable cash available and budgeted. Commissioner Jurkovich made a motion to approve the resolution. Mayor Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-02-3075.



New Police Utility Interceptors Resolution No. 2017-02-3076

City Clerk Shook presented for discussion a resolution authorizing the purchase of two 2017 Fore Police Pursuit-rated Utility Interceptors from Reedy Ford, for an amount not to exceed $58,452.00. Police Chief Ward said these vehicles will replace two Ford sedans that don’t work well as patrol vehicles, so those will become School Resource Officer (SRO) vehicles that also will serve as backup patrol vehicles. Also, the current SRO vehicles — a 2006 Dodge Charger and a 2008 Ford Crown Victoria — will be traded in. Mayor Oestmann asked how these SUVs compare to those purchased last year. Ward said the prices are comparable, but while these are a little more pricy, all of the police package work will be done at the factory. That means that once they are delivered with lights and sirens, they will be ready to go into service much more quickly. Last year, the outfitting of new vehicles could take patrol cars out of service for a month or two. Computers, radios and in-car cameras are the only items that will have to be added after delivery. Ward said he is trying to expand the patrol fleet in order to have more backup vehicles available since ACPD is fully staffed. Commissioner Tweedy made a motion to approve the resolution. Commissioner Welch seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-02-3076.

Capital Improvement Planning Committee Resolution No. 2017-02-3077

City Clerk Shook presented for discussion a resolution creating the 2017 Capital Improvement Planning Committee. Assistant Public Works Director Crandall explained the purpose of the CIP Committee, which is to receive citizen input on capital projects. He said elements of this pilot program were borrowed from Augusta and Garden City. Commissioner Tweedy asked if this would be an ongoing program. Crandall said it would be repeated each year. Commissioner Tweedy asked if the appointees would serve for multiple years. City Manager Hernandez said new members would be appointed every year so there will not be a huge time commitment for the citizen volunteers. Commissioner Warren said he thinks each of the 14 applicants is qualified and it will be hard to whittle them down to just five to seven individuals. Hernandez said it would be hard to manage or schedule that many people. Commissioner Tweedy suggested drawing names out of a hat, but Hernandez suggested choosing people who loosely represent the demographics of Arkansas City, including gender, race and occupational background. Mayor Oestmann said he would like to pick no more than seven members from among the 14 applicants. Commissioner Warren made a motion to approve the resolution. Commissioner Tweedy seconded the motion.



A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the resolution approved and given Resolution No. 2017-02-3077. Commissioner Tweedy made a motion to table any appointments to the newly formed CIP Committee by the mayor until the City Commission meeting on February 21. Mayor Oestmann seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the CIP appointments tabled. City Manager Updates City Manager Hernandez said he is trying to develop an idea of how many unsafe and poor housing conditions exist in Cowley County. This information will be critical when applying for housing and rehabilitation grants. Commissioner Tweedy asked if there is a bill before the Kansas Legislature to speed up the process. Hernandez said there is a bill — a version of which was vetoed last year by the governor — that would allow cities to obtain abandoned houses more quickly. This would allow some structures to be saved rather than dilapidating away. He also wants to schedule a tour of the new Water Treatment Facility, currently under construction, within the next week or two. This event, which would be open to the media, will be very dependent on the weather. Commissioner Jurkovich suggested scheduling the plant tour during the lunch hour on an upcoming Friday. He then asked about the ongoing work by Northern Pipeline on behalf of Kansas Gas Service, and what the City could do about the problems that have occurred near Midwest Electric and Rakie’s. Hernandez said the City has contacted Kansas Gas Service and that particular area will be repaired within two weeks. He said the City’s right-of-way permit has some teeth in it, but it relies on their pulling permits first. Commissioner Warren asked City Attorney Niles if the City could insist on selecting the contractor to complete the repair work to alleys, streets and other forms of public right-of-way, ensuring the work is done correctly. Hernandez said the City has the power to do that now, but then it would have to administrate all of the work. He suggested having Niles reviewing the current ordinance and enforcing those provisions first. Hernandez also said Hallmark Keepsake Ornaments had visited earlier that day to measure and photograph the fire-EMS department’s 1934 Buick fire engine, to prepare for a 2018 holiday ornament in the Fire Brigade series. Other Business Mayor Oestmann made a motion to recess to a 15-minute executive session to discuss matters of non-elected personnel, to include City Manager Hernandez, City Attorney Niles and Public Works Director Broce. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. The executive session began at 8 p.m. and ended at 8:15 p.m.



Adjournment Commissioner Welch moved to adjourn the meeting. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the meeting adjourned at 8:16 p.m. THE ARKANSAS CITY BOARD OF CITY COMMISSIONERS _________________________ Duane L. Oestmann, Mayor ATTEST: ____________________________ Lesley Shook, City Clerk Prepared by: ____________________________ Andrew Lawson, Public Information Officer



Department/Division Parks & Facilities

Staff Contact Tony Tapia

Title: Consent Agenda Item: Authorize Mayor to sign the annual Statement of Assurance from the Kansas Department of Wildlife and Parks on continuing use of Recreational Facilities funded by Land and Water Conservation Grant funds. Description: This is an annual certification required by KDWP to assure them and their federal auditors that grant funds allocated to Arkansas City for park development are still being beneficially used for the purposes for which they were intended. Commission Options: 1. Authorize Mayor to sign the statement of assurance form Fiscal Impact: Amount: N/A Fund: Department: Expense Code:


City Manager

Operations Office ^^Ci'XXL> CV L> phone. 620-672-5911512SE 25th Ave. Department of Wildlife, Parks Fax: 620-672-6020Pratt, KS 67124-8174 and Tourism www.kdwpt.state.ks.us

Robin Jennison, Secretary Sam Brownback. Governor

January 9, 2017

Dear Land & Water Conservation Fund (LWCF) Recipient:

Enclosed is the annual operation and maintenance assurance statement (AOMAS) with a list of LWCF projectsfor which you have previously received awards. Also enclosed is information outlining your LWCF sites and theLWCF program in general. This information is provided as a tool to help you understand the LWCF program andyour responsibilities as a subgrantee. Please keep this information for your records.

Please read the responsibilities listed on the blue AOMAS form and sign and return it to the attention of theKDWPT State Park Division by March 31, 2017. Also, please return the enclosed Contact Information Updateslip to be sure our office has your most current contact information.

Keep in mind that any new improvements to the LWCF site must be approved by our office prior to development'and must meet ADA requirements. Also remember that overhead lines are a direct violation of LWCFrequirements and are never permitted within a project's boundaries. Any future utility development at thesefacilities must be buried underground or relocated outside of the 6(f) boundaries.

It is very important that LWCF guidelines are followed and that you return the blue AOMAS form. Yourcooperation in maintaining your LWCF project is very important if you are interested in receiving future outdoorrecreation funding.

We are now taking applications for new projects as the LWCF act was reauthorized last year for 3 years. If youwould like to submit an application please have them to our office by April 15, 2017. You can find informationon the application process by going to www. http://ksoutdoors.com/KDWPT-Info/Grants.

Feel free to call our office if you have any questions. Thank you for your dedication to providing outdoorrecreation opportunities to your community.

Sincerely,

tM)MmhKati Westerhaus

Kansas Department of Wildlife, Parks and TourismLWCF Coordinator, State Parks Division

KANSAS DEPARTMENT OF WILDLIFE, PARKS & TOURISM512 SE 25th AVENUE

PRATT, KS 67124

2017 ANNUAL OPERATION AND MAINTENANCE ASSURANCE STATEMENT

Land& Water Conservation Fund (LWCF)

Whereas, City of Arkansas City has received financial assistance from the Land & Water Conservation Fundfor the following project(s):

NFS Project No.

20-00176

20-00209

20-00254

20-00255

20-00285

20-00498

20-00622

The subgrantee does hereby assure that it:

1.

Project Title

North C Street Tennis Court

Walnut River Park Acq. Project

Walnut River Park Develoment

Center City Park Area Acq. & Dev.

Municipal Swimming Pool Renovation

Springhill Golf Course Acq.

Wilson Park Improvements

will not convert any portion of a project area to other than public outdoor recreation use through sale,lease, easement, construction of non-outdoor recreation facilities or by any other means without priorapproval and replacement of the convertedproperty, (see Section6(f)(3) of the LWCF act) A "projectarea" will generally include all or any outdoor recreation area which has received LWCF assistance;

2. will not install any overhead electric or telephone lines on project areas;

3. will maintain the project area and facilities in a safe, attractive, and inviting manner;

4. will maintain sanitary facilities in accordance with local/state health standards;

5. will make reasonableand prompt repairs on facilities funded with LWCF throughout their estimatedlifetime to prevent undue or premature deterioration;

6. willkeep facilities openfor public use during reasonable hours of the day and times of the year;

7. will permanentlydisplay a LWCF sign (symbol) at all project areas;

8. will comply withTitle VI of the Civil Rights Actof 1964, Section 504of the Rehabilitation Actof 1973,and the Age Discrimination Act of 1975;

9. will notchange, by addition or deletion, anystructural features of facilities without priorreview andapproval of the Kansas Department of Wildlife, Parks & Tourism andthe National ParkService.

10. will submit any new development plans for theproject site to Kansas Department of Wildlife, Parks &Tourism prior to development, and all required permitting from the State Historical Preservation Officeand all environmental approvals must be sent to Kansas Department of Wildlife, Parks & Tourism fortheirfiles.

Date:

City of Arkansas CityProject Sponsor

** / certify that I have the authority tosignfor this projectsponsor

Signature:

Printed Name:

Title:

**

Protecting Places that Matter

LWCF History

Since 1965, the Land and Water Conservation Fund has been an active partner with states andcommunities in creating places that really matter: playgrounds alive with kids, well-used baseballdiamonds and soccer fields, peaceful picnic areas, safe paths for walking and cycling, fast-pacedbasketball courts, popular beaches and pools, and scenic state parks.

But America's most productive conservation partnership does even more. The benefits of the Landand Water Conservation Fund extend beyond park and recreation facility construction and openspace acquisition. The Fund also plays a major stewardship role, ensuring the integrity andrecreational quality ofFund-assisted parks and conservation lands, now and for future generations.

Protecting our Parklands Forever

One of the most important aspects to understand about LWCF assisted sites is that the sites areprotected under LWCF stewardship forever.

The Fund's most important tool for ensuring long-term stewardship is its "conversion protection"requirement. Administered by the National Park Service in cooperation with states, this requirement,Section 6(f)(3) of the Land and Water Conservation Fund Act, strongly discourages casual discardsand conversions of state and local park and recreation facilities to other uses.

SEC. 6(f)(3) No property acquired or developed with the assistance under this sectionshall, without the approval ofthe Secretary be converted to other thanpublic outdoorrecreation uses. The Secretaryshall approve such conversion only ifhefinds it to be inaccord with the then existing statewide outdoor recreation plan and only upon suchconditions as he deems necessary to assure the substitution of other recreationproperties ofat least equal fair market value and ofreasonably equivalent usefulnessand location.

Clearly, change is inevitable and sometimes - when all other alternatives have been carefullyreviewed - conversions are deemed both necessary and desirable. When conversions are approved,the goal is always a "win-win" solution, balancing the needs of recreation and open space withothercommunity needs. At the same time, the Fund's conversion protection language ensures that anychanges or conversions from recreation use will bear an equivalent cost - a cost that guarantees thatournation'spast investments in its treasured recreation and open space resources willbe honored.

The conversion process (which is set forth in Title 36, Part 59.3 of the Code of Federal Regulations)includes a comprehensive review of key issues relating to recreation access and use, land valuation,and an assessment of its impact on the environment. The process takes time - from six months tomore than a year depending on the complexity ofthe conversion and the replacement site - and issubject toconcurrence by the State and the National Park Service.

Understanding Stewardship Responsibilities

Stewardship responsibility for Fund-assisted state and local parks and recreation facilities is sharedby the Land and Water Conservation Fund's three partners: the National Park Service, the StateSponsor (KDWPT), and the localproject sponsor (you). Stewardship dutiesare as follows:

Local sponsor (YOU): are responsible for local site stewardship, including:• Public access and safety

• Basic maintenance

• All responsibilities outlined on the AOMAS statement

State Sponsor (KDWPT): responsible for site stewardship at state parks and coordinationwith local sponsors, including:

• Periodic site visits - KDWPT conducts site visits every 5 years• Working with local sponsors to ensure that LWCF stewardship goals are met

National Park Service: charged withthe overall responsibility for protecting the integrityand recreational value of all state and local sites assisted by the Fund.

State Sponsor Contact Information

Kansas Department of Wildlife, Parks and Tourism administers the Land and Water ConservationFund as the state sponsor. Our goal is to support and maintain the spirit of the Fund as we work topreserve outdoor recreation opportunities statewide through the state park system and local LWCFprojects.

As the State sponsor, our office works directlywith the local sponsors to ensure that LWCFgoals aremet statewide. We do this primarily through the Annual Operations and Maintenance AssuranceStatement (AOMAS) and local site visits. AOMAS statements are sent yearly as a reminder of thestewardship responsibilities for the local sponsor; we ask that you sign this statement and return it tous as an acknowledgement of understanding. In addition to the AOMAS, KDWPT conducts sitevisits every 5 years to ensure that Fund-assisted sites are still open and in compliance with LWCFgoals.

Any questions or concerns you have regarding your LWCF assisted sites may be directed to:

Kati Westerhaus

LWCF Coordinator

512 SE 25th Avenue

Pratt, KS 67124

Phone: 620-672-5911

Fax: 620-672-2972




Staff Contact Nick Hernandez

Title: Consent Agenda Item: A Resolution setting a public meeting of the Governing Body of the City of Arkansas City on Friday, March 3, 2017 at 12:00 noon to tour the Water Treatment Facility construction progress. Description: Tour the construction progress of the new Water Treatment Facility located at 400 W. Madison Avenue. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for consideration as new business. Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

RESOLUTION NO. 2017-02 A RESOLUTION SETTING A PUBLIC MEETING OF THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY ON FRIDAY, MARCH 3, 2017 AT 12:00 NOON TO TOUR THE WATER TREATMENT FACILITY CONSTRUCTION PROGRESS. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body hereby establishes that it shall hold a public meeting located at 400 W. Madison on March 3, 2017 at 12:00 noon. No action will be taken, but instead the Commissioners will tour the construction progress of the new Water Treatment Facility. SECTION TWO: The Governing Body of the City of Arkansas City hereby directs notice of this public meeting shall be provided to those requesting notice under the Kansas Open Meetings Act. The Governing Body further authorizes City Staff of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas this 21st day of February, 2017. (Seal) Duane L. Oestmann, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM. Tamara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2017-02-_____ of the City of Arkansas City, Kansas adopted by the governing body on February 21, 2107 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk



Department/Division Public Works Department

Staff Contact Eric Broce

Title: Consent Agenda Item: A Resolution authorizing the City of Arkansas City to enter into a Change Order Agreement with Walters-Morgan Construction, Inc. regarding the Water Treatment Plant Improvements. Description: The Governing Body passed Resolution No. 2016-04-3026 on April 5, 2016 approving a Contract with Walters-Morgan Construction, Inc to construct a new Water Treatment Facility. Due to some plan modifications primarily due to the submitted equipment with respective electrical requirements and modified conditions giving rise to this Change Order, there are approximately 8 specific items that are an addition to the contract and 5 specific items resulting in a deduction to the contract. The net amount requested this Change Order is $17,125.42, which would increase the original contract amount from $16,874,285.00 to $16,891,410.42. This Change Order would also increase the net contract time by 6 additional days. The contract completion date including this Change Order is September 13, 2017. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for consideration as new business. Fiscal Impact: Amount: $17,125.42 Fund: 68 (Capital Improvement) Department: 650 (Envir. Services) Expense Code: 6220


City Manager

RESOLUTION NO. 2017-02 A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO A CHANGE ORDER AGREEMENT WITH WALTERS-MORGAN CONSTRUCTION, INC. REGARDING THE WATER TREATMENT PLANT IMPROVEMENTS. WHEREAS , the Governing Body passed Resolution No. 2016-04-3026 on April 5, 2016 approving a Contract with Walters-Morgan Construction, Inc. to construct a new Water Treatment Facility; and WHEREAS, due to some plan modifications primarily due to the submitted equipment with respective electrical requirements and modified conditions giving rise to this Change Order, there are approximately 8 specific items that are an addition to the contract and 5 specific items resulting in a deduction to the contract. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City hereby authorizes a Change Order Agreement with Walters-Morgan Construction, Inc. regarding the Water Treatment Plant Improvements. Such change order shall increase the original contract amount by $17,125.42. Such Change Order is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas, Kansas this 21st day of February, 2017.

________________________________ Duane L. Oestmann, Mayor ATTEST: _____________________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: _____________________________________ Tamara L. Niles, City Attorney

CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2017-02-____ of the City of Arkansas City, Kansas adopted by the governing body on February 21, 2017 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

050106 Form CSD-46

CHANGE ORDER NO. 1

Page 1 of 51, including Attachments

Project Name Water Treatment Plant Improvements Owner City of Arkansas City, Kansas Owner Project No. WP-P-13-001 Contractor Walters-Morgan Construction, Inc. B&McD Project No. 78647 The below noted modifications to subject Contract are directed by Owner and accepted by Contractor:

1.1 Changes to switchboard breaker sizes, Admin Building transformer, Electrical Room transformer, and various breakers and cables. See Attachment 1.1 – Addition of $15,751.68 and 0 days.

1.2 Electrical modifications related to Greensand Filter Main Control Panel. See Attachment 1.2 – Deduction of $3,171.77 and 0 days.

1.3 Relocation of generator and transformer pads. See Attachment 1.3 – Addition of $4,314.66 and 0 days.

1.4 Correction to manhole depths. See Attachment 1.4 – Addition of $1,296.37 and 0 days. 1.5 Correction of base slabs for Process Waste Pump Station. See Attachment 1.5 – Deduction of

$5,950.76 and 0 days. 1.6 Increased size of roof hatch to accommodate head room and roof framing. See Attachment 1.6 –

Addition of $5,041.42 and 0 days. 1.7 Install Sump Pit in High Service Pump Station Area and Pipe Trench. See Attachment 1.7 –

Addition of $2,969.40 and 5 working days. 1.8 Electrical changes due to unit heater amperage. See Attachment 1.8 – Addition of $1,447.73 and 0

days. 1.9 Electrical changes to accommodate heat tracing circuit and change of plumbing cleanouts from light

duty to heavy duty rating. See Attachment 1.9 – Addition of $2,234.34 and 0 days. 1.10 Correction of hole spacing for support angles in Admin Building from 18-inch centers to 9-inch

centers. See Attachment 1.10 – Addition of $2,242.35 and 1 working day. 1.11 Value engineering item – removal of factory generator testing. Deduction of $5,000 and 0 days. 1.12 Value engineering item – removal of trailer for resident project representative. Deduction of $3,000

and 0 days. 1.13 Value engineering item – change in cable type for the line side of the VFDs. Deduction of $1,050

and 0 days.

The modifications noted above result in an increase of $17,125.42 in Contract Price, the current Contract Price being:

Original Contract Price ............................................................................. $ 16,874,285.00 Total net amount of all previous Change Orders ................................. + $ 0.00 Total net amount of all previous variable quantity adjustments ........... + $ 0.00 Total net amount of this Change Order ............................................... + $ 17,125.42 Current Contract Price Including this Change Order ............................. $ 16,891,410.42 The Contract Time shall be increased by 6 working days, the current Completion Date being:

Original Substantial Completion Date .................................................... September 5, 2017 Total net time adjustment of all previous Change Orders ................... + 0 days Total net time adjustment of this Change Order .................................. + 6 days Current Completion Date including this Change Order ......................... September 13, 2017

050106 Form CSD-46

The price and/or time extension set forth in this Change Order is full compensation for all costs and delays, direct and indirect, incurred in connection with the conditions giving rise to this Change Order, the work specified herein, and any consequential costs, delays or effects on unchanged work resulting therefrom.

This Change Order, when executed, constitutes a modification to the Contract and all provisions of the Contract, except as modified above and by any previous Change Orders, shall apply hereto.

OWNER CONTRACTOR City of Arkansas City, Kansas Walters-Morgan Construction, Inc. By By Date Date

The conditions of the Change Order are noted for compliance and payment. BURNS & MCDONNELL ENGINEERING COMPANY By Date

CHANGE PROPOSAL NO. 1R2

REFERENCE ECN 006WALTERS-MORGAN CONSTRUCTION, INC. ENGINEER # 78647 JOB NO. 216-02WATER TREATMENT PLANT IMPROVEMENTS DATE 17-Oct-16ARKANSAS CITY KANSAS WTP OWNER # WP-P-13-001

Labor Labor Mat Mat Sub Sub Equip EquipItem Description Qty Unit Unit $ Total Unit $ Total Unit $ Total Unit $ Total Total

Shelley Electric Per BMcD ECN006 1 lsum 0.00 0.00 0.00 0.00 13759.00 13759.00 0.00 0.00 13759.00WMCI Super 2 hr 45.00 90.00 0.00 0.00 0.00 0.00 0.00 0.00 90.00

ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 3.60 0.00 0.00 0.00 0.00 0.00 0.00

Direct Cost Subtotals $90.00 $0.00 $13,759.00 $0.00 $13,849.00

Payroll Taxes, Insurance and Benefits (41%) $36.90 $36.90

SUBTOTAL with PT&I $13,885.90

Contractor's Fee ( 15%) $19.04Fee on Subcontractor (5%) $687.95SUBTOTAL INCLUDING FEE $14,592.89

Jobsite G&A Expense on Adds (7%) - Per GC 11.02A.5 a,b,g, & h $972.01

SUBTOTAL W/O BOND SUBTOTAL $15,564.90Bonds & Insurance (1.2%) BOND / INSUR COST $186.78CHANGE TOTAL WITH BOND TOTAL WITH BOND $15,751.68ADDITIONAL TIME REQUESTED: Zero ( 0 ) Work Days

Changes to Switchboard beaker sizes, Admin Bldg. Transformeer & upstream equipment size, Electrical Room transformer and upstream equipment size, generator service panel breaker & cable size, CIP heater cnoductor and related MCC breaker size.

PAGE 1

Attachment 1.1 (10 Pages, Including Cover)

Date: 9/12/2016

16162-0005C.O.R. #

Change Order Request

Project #:Project Name: 16162Arkansas City RO WTP

G.C. #

We hereby propose to make the following changes:

ECN006 Revise Feeders and Breakers

Walters-Morgan Construction, Inc.

Jim Perkins

2616 Tuttle Creek Blvd

Manhattan, KS 66502-4479

Fax:(785) 539-7513 (785) 539-6521

From: Shelley Electric, Inc.

Jodi DeGraffenried

Phone: Fax:

3619 West 29th Street SouthWichita, KS 67217

To:

Attn:

Phone: (316) 945-8311 (316) 945-2604

Days of extension based on time lost for resubmittal and late release of related equipment. as both have impacts to overall construction schedule.

Change Order Price $13,759.00

Authorized Signature Date of Acceptance

Jodi DeGraffenried

Author Date Sent

9/12/2016

Accepted The above prices and specifications of this Change Order request are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless otherwise specified.

This price is good for 21 days. If conditions change, this price is void.

We are requesting a time extension of 10 days in conjunction with this change.

Page 1 of 2

Date: 9/12/2016

16162-0005C.O.R. #



G.C. #

Labor

Labor Type Man Hrs $/Hr Burden Fringe TotalTax Total Labor

Journeyman -0.85 $29.98 $22.60 $0.00 $0.00 ($44.69)

Non Work FM 2.00 $32.98 $23.67 $0.00 $0.00 $113.30

$68.61Sub Total $0.00

Grand Total $68.61$0.00

MaterialsMaterials Quantity Cost TotalTax Total Materials

Conduit/Wire 1.00 $2,502.22 $0.00 $2,502.22

Eaton Quote 1.00 $9,275.00 $0.00 $9,275.00

$11,777.22Sub Total $0.00

Grand Total $11,777.22$0.00

$11,845.83Total$1,776.86Overhead

Preparation Fee$136.23Bond

$13,759.00Total

Page 2 of 2

1

Jodi DeGraffenried

From: Jodi DeGraffenriedSent: Wednesday, October 12, 2016 3:08 PMTo: Jodi DeGraffenriedSubject: FW: Ark City

-----Original Message----- From: [email protected] [mailto:[email protected]] Sent: Thursday, September 15, 2016 10:07 AM To: Jodi DeGraffenried <[email protected]> Subject: RE: Ark City Jodi I finally received the Dollar amount change for this project. Sorry I have been out of the office this week. The total change is $9,275.00. I should receive the drawings here soon as well. As soon as they are complete I will send them over. Thanks Kevin Blackwelder Senior Sales Engineer Eaton Corporation 505 S. Broadway Suite 222 Wichita, KS 67202 Tel: 316-263-0611 Fax: 316-267-1084 Toll free: 800-326-6418 Mobile: 316-285-3175 [email protected] www.eatonheartland.com

Job Name: Job 16162 Ark City RO WTPMaterial Filter: <None>Job Number: 1956

Report: Item Materials List[Items and ByProducts]Extension Name: ECN006 Backup

10/12/2016 3:19 PMPage 1Courtesy of McCormick Systems Inc.

Item # Item Name Quantity -Remarks/Pull-

Label Set: Coombined, Combined, Combined, Combined, CoombinedCCode: 115 FFeeder Rough

1,248 1 1/4 ALUM 10.00 ________________1,249 1 1/2 ALUM -40.00 ________________1,250 2 ALUM 30.00 ________________1,251 2 1/2 ALUM -120.00 ________________1,274 1 1/4 ALUM COUPLING 4.00 ________________1,275 1 1/2 ALUM COUPLING 2.00 ________________1,276 2 ALUM COUPLING 6.00 ________________1,277 2 1/2 ALUM COUPLING -6.00 ________________1,288 1 1/4 ALUM ELBOW 2.00 ________________1,289 1 1/2 ALUM ELBOW 1.00 ________________1,290 2 ALUM ELBOW 3.00 ________________1,291 2 1/2 ALUM ELBOW -3.00 ________________1,411 1 1/4 LOCKNUT 4.00 ________________1,413 2 LOCKNUT 4.00 ________________1,414 2 1/2 LOCKNUT -4.00 ________________1,487 1 1/4 BUSH INSUL GRND 2.00 ________________1,489 2 BUSH INSUL GRND 2.00 ________________1,490 2 1/2 BUSH INSUL GRND -2.00 ________________1,759 1 1/4 GRC 1H MAL STP 4.00 ________________1,760 1 1/2 GRC 1H MAL STP -4.00 ________________1,761 2 GRC 1H MAL STP 6.00 ________________1,762 2 1/2 GRC 1H MAL STP -15.00 ________________2,183 1 1/2 ROBROY 60.00 ________________2,195 1 1/4 ROBROY COUP -24.00 ________________2,196 1 1/2 ROBROY COUP 24.00 ________________2,208 1 1/4 ROBROY ELBOW -60.00 ________________2,209 1 1/2 ROBROY ELBOW 12.00 ________________2,544 1 1/4 PVC 40 UG INSTALL -315.00 ________________





2,545 1 1/2 PVC 40 UG INSTALL 315.00 ________________2,733 1 1/4 PVC FEMALE ADPT -12.00 ________________2,734 1 1/2 PVC FEMALE ADPT 12.00 ________________2,929 1 1/2 FLEX WP -6.00 ________________2,930 2 FLEX WP -6.00 ________________2,931 2 1/2 FLEX WP 12.00 ________________2,941 1 1/2 FLEX WP CONN -2.00 ________________2,942 2 FLEX WP CONN -2.00 ________________2,943 2 1/2 FLEX WP CONN 4.00 ________________2,989 1 1/2 FLEX WP 90 CONN -2.00 ________________2,990 2 FLEX WP 90 CONN -2.00 ________________2,991 2 1/2 FLEX WP 90 CONN 4.00 ________________

CCode: 116 BBranch Rough1,247 1 ALUM 120.00 ________________1,273 1 ALUM COUPLING 6.00 ________________1,287 1 ALUM ELBOW 3.00 ________________1,410 1 LOCKNUT 4.00 ________________1,486 1 BUSH INSUL GRND 2.00 ________________1,758 1 GRC 1H MAL STP 18.60 ________________

CCode: 121 FFeeder Wire35 6 THHN CU STRANDED 442.40 ___________________40 4 THHN CU STRANDED 12.60 ___________________42 2 THHN CU STRANDED -1,165.00 ___________________43 1 THHN CU STRANDED 125.00 ___________________44 1/0 THHN CU STRANDED 1,045.00 ___________________45 2/0 THHN CU STRANDED -20.00 ___________________47 4/0 THHN CU STRANDED 20.00 ___________________48 250 THHN CU STRANDED 20.00 ___________________

362 6/3 TRAY CABLE 130.00 ________________368 1/3 TRAY CABLE -190.00 ________________





372 2/0/3 TRAY CABLE 190.00 ________________376 4/0/3 TRAY CABLE -130.00 ________________

CCode: 122 BBranch Wire30 8 THHN CU STRANDED -455.00 ___________________

CCode: 124 DDistribution5,776 45 KVA TRANSF, 3PH -2.00 ________________5,777 75 KVA TRANSF, 3PH 2.00 ________________6,814 60A MAIN CB 3P 600V -1.00 ________________6,816 80A MAIN CB 3P 600V -4.00 ________________6,817 90A MAIN CB 3P 600V 1.00 ________________6,818 100A MAIN CB 3P 600V 1.00 ________________6,821 150A MAIN CB 3P 600V 5.00 ________________6,826 300A MAIN CB 3P 600V 2.00 ________________6,828 400A MAIN CB 3P 600V -2.00 ________________7,746 100A MAN XFER SWITCH -2.00 ________________7,747 200A MAN XFER SWITCH 2.00 ________________

CCode: 128 GGrounding


Report: Matl Price & Bid Labor[Items and ByProducts]Extension Name: ECN006 Feeder Revisions

10/19/2016 8:29 AMPage 1Courtesy of McCormick Systems Inc.

Item # Item Name Quantity Matl Price U Ext Matl Price LABOR * U Bid Lbr U Bid Lbr Ext CCode Extended Hours

Label Set: Commbined, Combined, Combined, Combined, Combined $2,502.22 -0.85 -0.85CCode: 115 Feeder Rough $617.91 -18.63 -18.63

1,248 1 1/4 ALUM 10.00 $168.85 C $16.89 6.50 C 5.00 C 0.50 115 0.501,249 1 1/2 ALUM -40.00 $250.04 C ($100.02) 7.00 C 6.00 C -2.40 115 -2.401,250 2 ALUM 30.00 $339.46 C $101.84 8.00 C 7.00 C 2.10 115 2.101,251 2 1/2 ALUM -120.00 $402.00 C ($482.40) 10.00 C 10.00 C -12.00 115 -12.001,274 1 1/4 ALUM COUPLING 4.00 $1,271.59 C $50.86 0.00 C 7.00 C 0.28 115 0.281,275 1 1/2 ALUM COUPLING 2.00 $1,470.05 C $29.40 0.00 C 8.00 C 0.16 115 0.161,276 2 ALUM COUPLING 6.00 $2,086.92 C $125.22 0.00 C 9.00 C 0.54 115 0.541,277 2 1/2 ALUM COUPLING -6.00 $4,500.00 C ($270.00) 0.00 C 10.00 C -0.60 115 -0.601,288 1 1/4 ALUM ELBOW 2.00 $935.00 C $18.70 40.00 C 30.00 C 0.60 115 0.601,289 1 1/2 ALUM ELBOW 1.00 $6,557.43 C $65.57 50.00 C 33.00 C 0.33 115 0.331,290 2 ALUM ELBOW 3.00 $9,653.03 C $289.59 75.00 C 35.00 C 1.05 115 1.051,291 2 1/2 ALUM ELBOW -3.00 $12,500.00 C ($375.00) 100.00 C 38.00 C -1.14 115 -1.141,411 1 1/4 LOCKNUT 4.00 $87.96 C $3.52 0.00 X 0.00 X 0.00 115 0.001,413 2 LOCKNUT 4.00 $169.17 C $6.77 0.00 X 0.00 X 0.00 115 0.001,414 2 1/2 LOCKNUT -4.00 $467.48 C ($18.70) 0.00 X 0.00 X 0.00 115 0.001,487 1 1/4 BUSH INSUL GRND 2.00 $1,857.02 C $37.14 60.00 C 18.00 C 0.36 115 0.361,489 2 BUSH INSUL GRND 2.00 $2,691.08 C $53.82 100.00 C 25.00 C 0.50 115 0.501,490 2 1/2 BUSH INSUL GRND -2.00 $5,373.65 C ($107.47) 120.00 C 30.00 C -0.60 115 -0.601,759 1 1/4 GRC 1H MAL STP 4.00 $475.50 C $19.02 4.25 C 4.00 C 0.16 115 0.161,760 1 1/2 GRC 1H MAL STP -4.00 $535.77 C ($21.43) 4.25 C 4.00 C -0.16 115 -0.161,761 2 GRC 1H MAL STP 6.00 $941.36 C $56.48 4.25 C 4.00 C 0.24 115 0.241,762 2 1/2 GRC 1H MAL STP -15.00 $2,300.67 C ($345.10) 4.50 C 4.00 C -0.60 115 -0.602,183 1 1/2 ROBROY 60.00 $932.88 C $559.73 15.00 C 10.00 C 6.00 115 6.002,195 1 1/4 ROBROY COUP -24.00 $726.06 C ($174.25) 0.00 C 9.00 C -2.16 115 -2.162,196 1 1/2 ROBROY COUP 24.00 $864.27 C $207.42 0.00 C 10.00 C 2.40 115 2.402,208 1 1/4 ROBROY ELBOW -60.00 $2,415.17 C ($1,449.10) 80.00 C 35.00 C -21.00 115 -21.002,209 1 1/2 ROBROY ELBOW 12.00 $2,968.41 C $356.21 100.00 C 50.00 C 6.00 115 6.002,544 1 1/4 PVC 40 UG INSTALL -315.00 $32.35 C ($101.90) 4.15 C 4.15 C -13.07 115 -13.072,545 1 1/2 PVC 40 UG INSTALL 315.00 $63.96 C $201.47 4.25 C 4.25 C 13.39 115 13.392,733 1 1/4 PVC FEMALE ADPT -12.00 $76.62 C ($9.19) 21.00 C 13.00 C -1.56 115 -1.562,734 1 1/2 PVC FEMALE ADPT 12.00 $81.77 C $9.81 22.00 C 13.00 C 1.56 115 1.562,929 1 1/2 FLEX WP -6.00 $418.42 C ($25.11) 20.00 C 5.00 C -0.30 115 -0.302,930 2 FLEX WP -6.00 $521.25 C ($31.27) 30.00 C 6.00 C -0.36 115 -0.362,931 2 1/2 FLEX WP 12.00 $892.01 C $107.04 40.00 C 7.00 C 0.84 115 0.842,941 1 1/2 FLEX WP CONN -2.00 $2,432.36 C ($48.65) 30.00 C 14.00 C -0.28 115 -0.282,942 2 FLEX WP CONN -2.00 $4,240.09 C ($84.80) 35.00 C 15.00 C -0.30 115 -0.302,943 2 1/2 FLEX WP CONN 4.00 $23,520.65 C $940.83 40.00 C 18.00 C 0.72 115 0.722,989 1 1/2 FLEX WP 90 CONN -2.00 $4,879.24 C ($97.58) 30.00 C 17.00 C -0.34 115 -0.342,990 2 FLEX WP 90 CONN -2.00 $6,755.75 C ($135.11) 35.00 C 18.00 C -0.36 115 -0.362,991 2 1/2 FLEX WP 90 CONN 4.00 $30,942.08 C $1,237.68 40.00 C 22.00 C 0.88 115 0.88

CCode: 116 BBranch Rough $383.81 6.77 6.771,247 1 ALUM 120.00 $128.54 C $154.24 6.00 C 4.00 C 4.80 116 4.801,273 1 ALUM COUPLING 6.00 $1,040.39 C $62.42 0.00 C 6.00 C 0.36 116 0.361,287 1 ALUM ELBOW 3.00 $3,100.71 C $93.02 35.00 C 25.00 C 0.75 116 0.751,410 1 LOCKNUT 4.00 $60.53 C $2.42 0.00 X 0.00 X 0.00 116 0.001,486 1 BUSH INSUL GRND 2.00 $1,350.64 C $27.01 50.00 C 15.00 C 0.30 116 0.301,758 1 GRC 1H MAL STP 18.60 $240.27 C $44.69 4.00 C 3.00 C 0.56 116 0.56

CCode: 121 Feeder Wire $1,607.00 7.07 7.0735 6 THHN CU STRANDED 442.40 $399.51 M $176.74 12.00 M 7.00 M 3.10 121 3.1040 4 THHN CU STRANDED 12.60 $592.35 M $7.46 14.00 M 8.00 M 0.10 121 0.1042 2 THHN CU STRANDED -1,165.00 $703.00 M ($819.00) 18.00 M 10.00 M -11.65 121 -11.6543 1 THHN CU STRANDED 125.00 $1,085.23 M $135.65 20.00 M 11.00 M 1.38 121 1.3844 1/0 THHN CU STRANDED 1,045.00 $1,287.53 M $1,345.47 22.00 M 14.00 M 14.63 121 14.6345 2/0 THHN CU STRANDED -20.00 $1,514.27 M ($30.29) 24.00 M 16.00 M -0.32 121 -0.3247 4/0 THHN CU STRANDED 20.00 $2,685.82 M $53.72 29.00 M 22.00 M 0.44 121 0.4448 250 THHN CU STRANDED 20.00 $3,204.21 M $64.08 32.00 M 24.00 M 0.48 121 0.48

362 6/3 TRAY CABLE 130.00 $8,281.48 M $1,076.59 26.00 M 21.00 M 2.73 121 2.73368 1/3 TRAY CABLE -190.00 $3,870.00 M ($735.30) 44.00 M 28.00 M -5.32 121 -5.32372 2/0/3 TRAY CABLE 190.00 $7,000.00 M $1,330.00 60.00 M 36.00 M 6.84 121 6.84376 4/0/3 TRAY CABLE -130.00 $7,678.00 M ($998.14) 80.00 M 41.00 M -5.33 121 -5.33

CCode: 122 BBranch Wire ($106.51) -2.73 -2.7330 8 THHN CU STRANDED -455.00 $234.08 M ($106.51) 10.00 M 6.00 M -2.73 122 -2.73

CCode: 124 DDistribution $0.00 6.66 6.665,776 45 KVA TRANSF, 3PH -2.00 $0.00 Q $0.00 13.00 E 7.20 E -14.40 124 -14.405,777 75 KVA TRANSF, 3PH 2.00 $0.00 Q $0.00 15.00 E 8.30 E 16.60 124 16.606,814 60A MAIN CB 3P 600V -1.00 $0.00 Q $0.00 1.05 E 0.58 E -0.58 124 -0.586,816 80A MAIN CB 3P 600V -4.00 $0.00 Q $0.00 1.27 E 0.71 E -2.84 124 -2.846,817 90A MAIN CB 3P 600V 1.00 $0.00 Q $0.00 1.35 E 0.75 E 0.75 124 0.756,818 100A MAIN CB 3P 600V 1.00 $0.00 Q $0.00 1.50 E 0.83 E 0.83 124 0.836,821 150A MAIN CB 3P 600V 5.00 $0.00 Q $0.00 1.80 E 1.00 E 5.00 124 5.006,826 300A MAIN CB 3P 600V 2.00 $0.00 Q $0.00 3.15 E 1.75 E 3.50 124 3.50


Report: Matl Price & Bid Labor[Items and ByProducts]Extension Name: ECN006 Feeder Revisions

10/19/2016 8:29 AMPage 2Courtesy of McCormick Systems Inc.

Item # Item Name Quantity Matl Price U Ext Matl Price LABOR * U Bid Lbr U Bid Lbr Ext CCode Extended Hours

6,828 400A MAIN CB 3P 600V -2.00 $0.00 Q $0.00 6.00 E 3.30 E -6.60 124 -6.607,746 100A MAN XFER SWITCH -2.00 $0.00 Q $0.00 8.00 E 4.40 E -8.80 124 -8.807,747 200A MAN XFER SWITCH 2.00 $0.00 Q $0.00 12.00 E 6.60 E 13.20 124 13.20

CCode: 128 GGrounding $0.00 0.00 0.00

[Items and BByProducts] Total: $2,502.22 -0.85 -0.85




Shelley Electric Per BMcD ECN001 -1 lsum 0.00 0.00 0.00 0.00 2865.00 -2865.00 0.00 0.00 -2865.00WMCI Super 1 hrs 45.00 45.00 0.00 0.00 0.00 0.00 0.00 0.00 45.00

ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 1.80 0.00 0.00 0.00 0.00 0.00 0.00

Direct Cost Subtotals $45.00 $0.00 ($2,865.00) $0.00 ($2,820.00)


SUBTOTAL with PT&I ($2,801.55)

Contractor's Fee ( 15%) $6.75Fee on Subcontractor (5%) ($143.25)SUBTOTAL INCLUDING FEE ($2,938.05)

Jobsite G&A Expense on Adds (7%) - Per GC 11.02A.5 a,b,g, & h ($196.11)

SUBTOTAL W/O BOND SUBTOTAL ($3,134.16)Bonds & Insurance (1.2%) BOND / INSUR COST ($37.61)CHANGE TOTAL WITH BOND TOTAL WITH BOND ($3,171.77)ADDITIONAL TIME REQUESTED: Zero ( 0 ) Work Days

The power cable and panelboard breaker supplying Greensand Filter MCP, GS-MCP-201, has been increased. The number of power cables and conduits supplying ELEC-MCC-020 have been reduced.

PAGE 1

Attachment 1.2 (5 Pages, Including cover)

Date: 5/9/2016

16162-0002C.O.R. #



G.C. #


ECN001 Change Feeders per Engineer direction


Jim Perkins



Fax:(785) 539-7513 (785) 539-6521


Jodi DeGraffenried

Phone: Fax:


To:

Attn:

Phone: (316) 945-8311 (316) 945-2604

Change Order Price ($2,865.00)


Jodi DeGraffenried

Author Date Sent

5/9/2016




Page 1 of 2

Date: 5/9/2016

16162-0002C.O.R. #



G.C. #

Labor


Journeyman -12.63 $29.98 $20.50 $0.00 $0.00 ($637.56)

Foreman 1.00 $32.98 $21.35 $0.00 $0.00 $54.33

($583.23)Sub Total $0.00

Grand Total ($583.23)$0.00


Conduit/Wire/Fittings 1.00 ($1,995.75) $0.00 ($1,995.75)

($1,995.75)Sub Total $0.00

Grand Total ($1,995.75)$0.00

($2,578.98)Total($257.90)Overhead

Prep Fee($28.37)Bond

($2,865.00)Total

Page 2 of 2





Label Set: Coombined, Combined, Combined, Commbined, CombinedCCode: 115 FFeeder Rough

863 1 1/4 IMC -5.00 ________________864 1 1/2 IMC 5.00 ________________

1,411 1 1/4 LOCKNUT -4.00 ________________1,412 1 1/2 LOCKNUT 4.00 ________________1,449 1 1/4 BUSH PLASTIC -2.00 ________________1,450 1 1/2 BUSH PLASTIC 2.00 ________________1,759 1 1/4 GRC 1H MAL STP -0.50 ________________1,760 1 1/2 GRC 1H MAL STP 0.50 ________________2,186 3 ROBROY -30.00 ________________2,188 4 ROBROY 15.00 ________________2,199 3 ROBROY COUP -12.00 ________________2,201 4 ROBROY COUP 6.00 ________________2,212 3 ROBROY ELBOW -6.00 ________________2,214 4 ROBROY ELBOW 3.00 ________________2,407 3 GRC/PVC 1H STRAP -3.00 ________________2,409 4 GRC/PVC 1H STRAP 1.50 ________________2,445 3 GRC/PVC CLAMP BAK -3.00 ________________2,447 4 GRC/PVC CLAMP BAK 1.50 ________________2,548 3 PVC 40 UG INSTALL -150.00 ________________2,550 4 PVC 40 UG INSTALL 75.00 ________________

CCode: 121 FFeeder Wire43 1 THHN CU STRANDED 15.00 ___________________50 350 THHN CU STRANDED 85.00 ___________________52 500 THHN CU STRANDED -210.00 ___________________

CCode: 122 BBranch Wire20 12 THHN CU STRANDED -255.00 ___________________25 10 THHN CU STRANDED 255.00 ___________________


Report: Bid Price & Bid Labor[Items and ByProducts]Extension Name: ECN001 Backup


Item # Item Name Quantity Bid Price U Ext Bid Price Bid Lbr U Bid Lbr Ext CCode

Label Set: Combined, Combined, Combined, Combined, Commbined ($1,995.75) -12.63CCode: 115 FFeeder Rough ($1,337.51) -6.95

863 1 1/4 IMC -5.00 $291.22 C ($14.56) 5.00 C -0.25 115864 1 1/2 IMC 5.00 $378.77 C $18.94 6.00 C 0.30 115

1,411 1 1/4 LOCKNUT -4.00 $79.96 C ($3.20) 0.00 X 0.00 1151,412 1 1/2 LOCKNUT 4.00 $115.09 C $4.60 0.00 X 0.00 1151,449 1 1/4 BUSH PLASTIC -2.00 $160.14 C ($3.20) 15.00 C -0.30 1151,450 1 1/2 BUSH PLASTIC 2.00 $216.17 C $4.32 18.00 C 0.36 1151,759 1 1/4 GRC 1H MAL STP -0.50 $432.28 C ($2.16) 4.00 C -0.02 1151,760 1 1/2 GRC 1H MAL STP 0.50 $487.06 C $2.44 4.00 C 0.02 1152,186 3 ROBROY -30.00 $2,114.86 C ($634.46) 18.00 C -5.40 1152,188 4 ROBROY 15.00 $1,845.00 C $276.75 25.00 C 3.75 1152,199 3 ROBROY COUP -12.00 $3,455.57 C ($414.67) 15.00 C -1.80 1152,201 4 ROBROY COUP 6.00 $3,180.00 C $190.80 18.00 C 1.08 1152,212 3 ROBROY ELBOW -6.00 $11,341.74 C ($680.50) 100.00 C -6.00 1152,214 4 ROBROY ELBOW 3.00 $9,900.00 C $297.00 160.00 C 4.80 1152,407 3 GRC/PVC 1H STRAP -3.00 $3,937.43 C ($118.12) 5.00 C -0.15 1152,409 4 GRC/PVC 1H STRAP 1.50 $7,485.51 C $112.28 6.00 C 0.09 1152,445 3 GRC/PVC CLAMP BAK -3.00 $87.99 E ($263.92) 5.00 C -0.15 1152,447 4 GRC/PVC CLAMP BAK 1.50 $0.00 E $0.00 6.00 C 0.09 1152,548 3 PVC 40 UG INSTALL -150.00 $135.86 C ($203.78) 5.00 C -7.50 1152,550 4 PVC 40 UG INSTALL 75.00 $125.25 C $93.94 5.50 C 4.13 115

CCode: 121 FFeeder Wire ($668.79) -5.9343 1 THHN CU STRANDED 15.00 $986.58 M $14.80 11.00 M 0.17 12150 350 THHN CU STRANDED 85.00 $4,399.69 M $373.97 32.00 M 2.72 12152 500 THHN CU STRANDED -210.00 $5,036.00 M ($1,057.56) 42.00 M -8.82 121

CCode: 122 BBranch Wire $10.55 0.2520 12 THHN CU STRANDED -255.00 $78.15 M ($19.93) 4.00 M -1.02 12225 10 THHN CU STRANDED 255.00 $119.52 M $30.48 5.00 M 1.27 122

[Items and BByProducts] Total: ($1,995.75) -12.63




Shelley Electric Per BMcD ECN004 1 lsum 0.00 0.00 0.00 0.00 4643.00 4643.00 0.00 0.00 4643.00Gen Pad Concrete Supply & Install -9 CY 10.70 -96.30 85.00 -765.00 0.00 0.00 0.00 0.00 -861.30Gen Pad Forming additional inside/outside corners (8) 8 ea 50.00 400.00 20.00 160.00 0.00 0.00 0.00 0.00 560.00Finish concrete -126 SF 0.18 -22.68 0.00 0.00 0.00 0.00 0.00 0.00 -22.68Reinforcing Supply & Iinstall -1 Ton 0.00 0.00 350.00 -350.00 435.00 -435.00 0.00 0.00 -785.00WMCI Super 3 hrs 45.00 135.00 0.00 0.00 0.00 0.00 0.00 0.00 135.00

ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00Direct Cost Subtotals $416.02 ($955.00) $4,208.00 $0.00 $3,669.02



Contractor's Fee ( 15%) ($55.26)Fee on Subcontractor (5%) $210.40SUBTOTAL INCLUDING FEE $3,994.73

Jobsite G&A Expense on Adds (7%) $268.77


Relocate Generator and Transforme Pad per ECN 004 Rev1.

PAGE 1


Date: 9/12/2016

16162-0004C.O.R. #



G.C. #


ECN004 Revise generator and pad mount transformer locations


Jim Perkins



Fax:(785) 539-7513 (785) 539-6521


Jodi DeGraffenried

Phone: Fax:


To:

Attn:

Phone: (316) 945-8311 (316) 945-2604

Service entrance feeders were lengthed 6' to accomodate new transformer location.

Walters-Morgan shall be responsible for adjustments to pad sizes.



Jodi DeGraffenried

Author Date Sent

9/12/2016




Page 1 of 2

Date: 9/12/2016

16162-0004C.O.R. #



G.C. #

Labor


Journeyman 31.25 $29.98 $22.60 $0.00 $0.00 $1,643.13

Non Work FM 3.00 $32.98 $23.67 $0.00 $0.00 $169.95

$1,813.08Sub Total $0.00

Grand Total $1,813.08$0.00


Robroy/500MCM WIre 1.00 $2,184.68 $0.00 $2,184.68

$2,184.68Sub Total $0.00

Grand Total $2,184.68$0.00

$3,997.76Total$599.66Overhead

$45.97Bond$4,643.00Total

Page 2 of 2


Report: Matl Price & NECA 1[Items and ByProducts]Extension Name: ECN 004 MOVE XFMR


Item # Item Name Quantity Matl Price U Ext Matl Price LABOR * U Ext Labor * CCode

Label Set: Combined, Combined, Combined, Combbined, Combined $2,184.68 31.25CCode: 115 FFeeder Rough $1,217.70 22.80

2,188 4 ROBROY 60.00 $2,029.50 C $1,217.70 38.00 C 22.80 115CCode: 121 FFeeder Wire $966.98 8.45

103 500 XHHW CU STRANDED 192.00 $5,036.35 M $966.98 44.00 M 8.45 121[Items and BByProducts] Total: $2,184.68 31.25

Printed Date: 09/02/2016Contract No: 40060936 Change Order No. 3 Page 1of 1 Date: August 26, 2016

To : WALTERS MORGAN CONSTRUCTION2616 TUTTLE CREEK BLVDMANHATTAN KS 66502-4479

Subject: ARKANSAS CITY WTP

Loc: ARKANSAS CITY, KS

SUBJECT TO THE TERMS AND CONDITIONS OF THE ORIGINAL PURCHASE AGREEMENT, GERDAU AMERISTEEL USInc (the SELLER) IS FURNISHING IN ACCORDANCE WITH YOUR INSTRUCTIONS AS OUTLINED BELOW.

CHANGE ORDER # 3

Description : FOR DEDUCTING APPROXIMATELY 1.0 TON OF PLAINREINFORCING STEEL FOR THE MODIFICATIONS MADE TOTHE GENERATOR PAD, AS REQUESTED BY JIM PERKINS ON8/23/2016, WE DEDUCT THE LUMP SUM PRICE OF $350.00

ALL the above plus applicable taxesPlease issue a change order for the amount plus tax or sign and return one copy of this letter as your approval. If notreturned within fifteen(15)days the change order will be considered as accepted.

ALL STATE, COUNTRY AND LOCAL SALES TAXES EXCLUDEDTERMS: Z030-30 days, invoice date

ACCEPTED BY BUYER GERDAU AMERISTEEL US Inc

This day of Yr. By Date 08/26/2016

Buyer's name Name/Title TRAVIS CHRISTIANSON,CONTRACT SALES

By Approved this day of Yr.

Name/Title By

Name/Title GREGORY FLEITZ,SALES DIRECTOR


REFERENCE Submittal 02601-01WALTERS-MORGAN CONSTRUCTION, INC. ENGINEER # 78647 JOB NO. 216-02WATER TREATMENT PLANT IMPROVEMENTS DATE 14-Oct-16ARKANSAS CITY KANSAS WTP OWNER # WP-P-13-001


Wichita Concrete Pipe Quote 1 lsum 0.00 0.00 923.10 923.10 0.00 0.00 0.00 0.00 923.10WMCI Super 2.00 hr 45.00 90.00 0.00 0.00 0.00 0.00 0.00 0.00 90.00

ea 0.00 0.00 5.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Direct Cost Subtotals $90.00 $923.10 $0.00 $0.00 $1,013.10






Manhole depts were added per the Storm Structures Submittal. Sump Manhole for Finished water Storage Tank and Flow Meter Manhole. No labor being added for extra depth.

PAGE 1


Quote #: 16-0128.CO1

Date: 5/31/16

Project: Water Treatment Plant Bid Date:

Arkansas City, KS

QTY: Unit Price Total:

Manholes

1.87 vf. 60" ID Precast Riser Section $130.00 $243.10

4 vf. 72" ID Precast Riser Section** $170.00 $680.00

Total: $923.10

Price FOB jobsite

Terms: 2% - 10th

Proposal does not include sales tax.

Jesse Madsen Accepted Date

QUOTATION CONFIRMATION

Phone: (316) 838-8651 ∙ Fax: (316) 838-0838 ∙ 221 W. 37th St. North ∙ Wichita, KS 67204

Elevation (View D-D) Openings

Plan View (Right Side Up)

BOM For Stack

Structure: 16-0128-MH7-1Job Number: 16-0128Job Name: Water Treatment PlantJob Location: Ark City, KS

Specification: 72" Stm Type B MonoContractor: Walters-Morgan ConstructionStation #: 0+00.00Revision Notes:

Take Off By: 5/13/2016 davidh

Reinforcing Spec: TypicalRing & Cover: EJ 1936Z1 "PLAIN STORM"Notes:

Design Build Height Stack Build HeightRing & Cover + 0.67'Adjustment + 0.38'Concentric Slab + 1.33'Base Gain + 1.50'Design Height = 3.88'Invert + 0.25'Stock Floor + 0.67'Outside Height = 4.80'

Top of Casting + 1,067.80'Outlet Invert - 1,063.92'Design Height = 3.88'

ID X Flow Line Pipe Size Hole Size Connector Angle#1 7" 1063.92' 8" Ductile Iron 12" Ø Mortar Knockout 0°

ID Description Qty. WeightCoating Outside 27" Bituminous 0.33 Coating Outside 72" Bituminous 3.75

A 4H Adjusting Ring 1 168B 72" Bell Down Flat Top 27" Conc 10T 16H 1 4,832C 72" Base 8F 3.5"Ext 21HI 1 8,009

Totals (precast, lbs.) 3 13,009Page 5 of 5 5/17/2016Submittal Drawing 7.0.04

ChrisMeinen

Callout

CHANGE ELEVATION OF BASE TO 1059.92. 8" PIPE FLOWLINE IS CORRECT AT 1063.92.

ChrisMeinen

Callout

TOP EL=1069.00

ChrisMeinen

Callout

8" FL=1064.80




Concrete supply and placing only -10.00 CY 10.70 -107.00 85.00 -850.00 0.00 0.00 20.00 -200.00 -1157.00Rebar supply & install -5.00 Ton 0.00 0.00 350.00 -1750.00 435.00 -2175.00 0.00 0.00 -3925.00WMCI Super 2 hr 45.00 90.00 0.00 0.00 0.00 0.00 0.00 0.00 90.00

ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Direct Cost Subtotals ($17.00) ($2,600.00) ($2,175.00) ($200.00) ($4,992.00)

Payroll Taxes, Insurance and Benefits (41%) ($6.97) ($6.97)

SUBTOTAL with PT&I ($4,998.97)

Contractor's Fee ( 15%) ($422.55)Fee on Subcontractor (5%) ($108.75)SUBTOTAL INCLUDING FEE ($5,530.27)

Jobsite G&A Expense on Adds (7%) ($349.93)

SUBTOTAL W/O BOND SUBTOTAL ($5,880.20)Bonds & Insurance (1.2%) BOND / INSUR COST ($70.56)CHANGE TOTAL WITH BOND TOTAL WITH BOND ($5,950.76)ADDITIONAL TIME REQUESTED: Zero ( 0 ) Work Days

Correction of slab sizes for Process Waste Pump Station per ECN 003. WMCI figured slabs in estimate based off of specifications & tank diameters given in scopes from suppliers. However we did estimate them 2'-6" thick per plans verses 1'-6" as shown on ECN 002. Rebar supply & install tonnages were based off of gross tonnages on suppliers quote which included the larger pads, thus credit represents rebar supply and install from diameters shown on plans verses ECN 003.

PAGE 1


Printed Date: 08/26/2016Contract No: 40060936 Change Order No.1 Page 1of 1 Date: August 26, 2016

To : WALTERS MORGAN CONSTRUCTION2616 TUTTLE CREEK BLVDMANHATTAN KS 66502-4479

Subject: ARKANSAS CITY WTP

Loc: ARKANSAS CITY, KS

SUBJECT TO THE TERMS AND CONDITIONS OF THE ORIGINAL PURCHASE AGREEMENT, GERDAUAMERISTEEL USInc (the SELLER) IS FURNISHING IN ACCORDANCEWITH YOUR INSTRUCTIONS AS OUTLINED BELOW.

CHANGE ORDER #1

Description : JIM PERKINS EMAIL 6/30/16 - ECN 003 - CORRECTEDTHE SIZE OF THE PAD FOR THE PROCESS WASTE PUMPSTATION MATT FOUNDATIONS. FOR THIS WE DEDUCT THELUMP SUM PRICE OF $1,750.00 FOR APPROX 5 TONS

ALL the above plus applicable taxesPlease issue a change order for the amount plus tax or sign and return one copy of this letter as your approval. If notreturned within fifteen(15)days the change order will be considered as accepted.

ALL STATE, COUNTRY AND LOCAL SALES TAXES EXCLUDEDTERMS: Z030-30 days, invoice date

ACCEPTED BY BUYER GERDAUAMERISTEEL US Inc

This day of Yr. By Date 08/26/2016

Buyer's name Name/Title TRAVIS CHRISTIANSON,CONTRACTSALES

By Approved this day of Yr.

Name/Title By

Name/Title GREGORY FLEITZ,SALES DIRECTOR

SOCO: 4144188

1


REFERENCE Submittal 51200-04AWALTERS-MORGAN CONSTRUCTION, INC. ENGINEER # 78647 JOB NO. 216-02WATER TREATMENT PLANT IMPROVEMENTS DATE 07-Feb-17ARKANSAS CITY KANSAS WTP OWNER # WP-P-13-001


Original Hatch -1.00 ea 200.00 -200.00 3409.00 -3409.00 0.00 0.00 0.00 0.00 -3609.00New Hatch 1.00 ea 325.00 325.00 7200.00 7200.00 0.00 0.00 0.00 0.00 7525.00WMCI Super 2 hr 45.00 90.00 0.00 0.00 0.00 0.00 0.00 0.00 90.00

ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Direct Cost Subtotals $215.00 $3,791.00 $0.00 $0.00 $4,006.00






Specified roof hatch (30'x96") did not allow adequate head room for acess to the roof per IBC. Roof framing was modified and larger hatch (44"x168") to be installed. Revision 2 was required due to adding safety handrail to the hatch quote and removing safety post for use with ladder access.

PAGE 1



REFERENCE RFI #3WALTERS-MORGAN CONSTRUCTION, INC. ENGINEER # 78647 JOB NO. 216-02WATER TREATMENT PLANT IMPROVEMENTS DATE 19-Oct-16ARKANSAS CITY KANSAS WTP OWNER # WP-P-13-001


Concrete supply and placing only 5.00 CY 10.70 53.50 85.00 425.00 0.00 0.00 20.00 100.00 578.50Rebar supply & install 0.25 Ton 0.00 0.00 600.00 150.00 435.00 108.75 0.00 0.00 258.75Excavate Sump Area 4 Mhrs 35.00 140.00 0.00 0.00 0.00 0.00 60.00 240.00 380.00Form & Strip Sump Pits 20 Mhrs 25.00 500.00 0.00 0.00 0.00 0.00 0.00 0.00 500.00Form Materials 1 ea 0.00 0.00 125.00 125.00 0.00 0.00 0.00 0.00 125.00WMCI Super 2 hr 45.00 90.00 0.00 0.00 0.00 0.00 0.00 0.00 90.00Additional Grating 2.00 ea 0.00 0.00 100.00 200.00 0.00 0.00 0.00 0.00 200.00Direct Cost Subtotals $783.50 $900.00 $108.75 $340.00 $2,132.25





SUBTOTAL W/O BOND SUBTOTAL $2,934.19Bonds & Insurance (1.2%) BOND / INSUR COST $35.21CHANGE TOTAL WITH BOND TOTAL WITH BOND $2,969.40ADDITIONAL TIME REQUESTED: Five ( 5 ) Work Days

Install Sump Pit in High Service Pump Station Area and Pipe Tench per RFI #3 Response. 2 total.

PAGE 1


A B C D E F G

PROCESS AREA

201

ELECTRICALROOM

2061"ø DCW

2"ø DCW

CHEMICAL NORTH

203

CHEMICAL SOUTH

202

COMPRESSORROOM

205

MB-2

SK-2

WH-1

SK-2

MV-2

WH-1 WH-1 WH-1

WH-1

ES/EWES/EW

ES/EW

ES/EW

ES/EW

WH-1 WH-1

1"ø DCW

3/4"ø DHW

1/2"ø DHWR

1 1/2"ø DCW(T)1"ø DCW

1"ø DHW1 1/2"ø DCW(T)

1 1/2"ø DCW(T)

1 1/2"ø DCW(T)

3/4"ø DCW

1 1/2"ø DCW(T)

1 1/2"ø DCW(T)

1/2"ø DHWR

1"ø DHW2"ø DCW

3/4"ø DCW1"ø DCW 3/4"ø DCW

1"ø DCW

3/4"ø DHW1/2"ø DHWR

1/2"ø DHWR

1"ø DHW

1 1/2"ø DCW(T)

3/4"ø DCW

B

P011

BFP-1

BFP-2

6"ø DCW

2"ø DCW

COMPRESSOR

BLOWER

DRYER

1 1/2"ø CA

3/4"ø CA

CAPPED FORFUTURE

3/4"ø CACAPPED FOR

FUTURE

1 1/2"ø CA 1 1/2"ø CA

1"ø CA

3/4"ø CA

3/4"ø CA

3/4"ø CA(TYP)

(TYP)3/4"ø CA

SP-1

1" FORCE MAIN

FLOW CONTROL VALVESET @ 0.5 GPM

FLOW CONTROL VALVESET @ 0.5 GPM

A

P011

5

4

3

2

1

1 1/4"ø NG UPTO MAU-2

1"ø NG UPTO RTU-2

C

P011

SP-2

MATCHLINE SEE SHEET P001

4"ø BL

1" FORCE MAIN

HB-1

HB-1

HB-1

HB-1 HB-1

date detailed

checkeddesigned

ofsheet sheets

project contract

rev.drawing

file

no. date descriptionby ckd

1 1312111098765432

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WATER TREATMENT PLANT

3/2

1/2

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4:1

9 A

M

P003

78647

PROCESS AREA PLUMBING PLAN

FEBRUARY 12, 2015

P. GRAEVE K. PRINDS

A. VELLECA

PROCESS AREA PLUMBING PLAN

SCALE IN FEET

0 4' 8' 16' NORTH

KEYED NOTES:

WATER METER.

PRESSURE REGULATOR SET AT 65 PSIG.

6" TAP OFF PLANT FINISHED WATER LINE FOR FIRE WATER ANDPOTABLE WATER PIPING. SEE DWGS D017, D018.

ES/EW FREEZE PROTECTED THROUGH WALL. SEESPECIFICATION 224500 FOR REQUIREMENTS.

1

NOTES:

1. FOR GENERAL NOTES, LEGEND, SYMBOLS AND ABBREVIATIONS REFER TO DRAWING M001.2. MOUNT HOSE BIBBS AT 3'-0" AFF.3. OFFSET VENTS A MINIMUM OF 3'-0" FROM INSIDE FACE OF EXTERIOR WALL PRIOR TO VTR.4. NATURAL GAS ROUTING SHOWN ON MECHANICAL PLAN DRAWING M003.5. COORDINATE PLUMBING ROUTING WITH CEILING MONORAIL HOISTS, DUCTWORK, AND

OTHER OBSTRUCTIONS.6. COMPRESSED AIR DROPS SHALL BE PROVIDED WITH THREADED CAP FOR FUTURE

CONNECTION.

SEE DRAWING F001 FOR CONTINUATION.

FIELD ROUTE TO ACTUAL EQUIPMENT FURNISHED ANDINSTALLED. INSTALL SHUTOFF VALVES BEFORE REACHINGEQUIPMENT. INSTALL LOW POINT DRAINS AT EQUIPMENT.

OMITTED.

COMPRESSED AIR TOOL DROP

2

3

4

5

6

7

6

6

6

6

6

6

1

2

5

3

4

6

6

6

6

8

8

8

00

8

8

8

8

8

8

0 2/9/16 PAG APF ISSUED FOR BID

3/23/16 PAG APF ISSUED FORCONSTRUCTION

0

dlbruner

Oval

dlbruner

Oval

A B C D E F G

ELECTRICALROOM

206

PROCESS AREA

201

CHEMICAL SOUTH

202

CHEMICAL NORTH

203

COMPRESSORROOM

205

6"ø SS

-4' - 6" INV EL

4"FD-B

CO-1ES/EW

3"FD-E

3"FD-E

3"FD-E

3"FD-E

3"FD-E

4"FD-B

4"FD-B

OWS-1

4"FD-B4"FD-B4"FD-B

CO-1

CO-1

CO-1

CO-1

4"FD-B

6"FD-C

6"FD-C

MB-2

CO-1

4"ø SS

-3' - 6" INV EL

SK-2

4"ø SS

3"ø SS

3"ø SS

4"ø SS

4"ø SS

4"ø SS6"ø SS6"ø SS

4"ø SS

4"ø SS

4"ø SS

2"ø SS

3"FD-E

SK-2

3"ø SS

4"ø V UP2"ø V

4"ø V UP

2 1/2"ø V

1 1/2"ø V

4"ø V UP

5

4

3

2

1

3"FD-E

4"ø SS

3"ø SS

23' - 2"9' - 8"

SEE DRAWING C106 FOR

CONTINUATION

SEE DRAWING

C106 FOR

CONTINUATION

SP-2 PIT

CO-1

CO-1

CO-1

4"FD-B

2"FD-B

2"FD-B

2"FD-B 2"FD-B

4"ø SS

2"ø SS

4"ø SS4"ø SS

4"ø SS

date detailed

checkeddesigned

ofsheet sheets

project contract

rev.drawing

file


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P004

78647

PROCESS AREA SANITARY DRAINAGE

FEBRUARY 12, 2015

P. GRAEVE K. PRINDS

A. VELLECA

PROCESS AREA SANITARYDRAINAGE

SCALE IN FEET

0 4' 8' 16'

NORTH

NOTES: KEYED NOTES:

FLOOR DRAIN LOCATED IN STRUCTURAL TRENCH.

COORDINATE WITH STRUCTURAL.

SEE OIL WATER SEPARATOR SCHEDULE ON DWG P015.

11. FOR GENERAL NOTES, LEGEND, SYMBOLS AND ABBREVIATIONS

REFER TO DRAWING M001.

2. SEE CIVIL SITE DRAWINGS FOR CONTINUATION OF SS LINES.

3. FOR FLOOR DRAIN TYPES SEE SPECIFICATION 221314.

4. INSTALL TRAP PRIMERS WITH FLOOR DRAINS.

11

2

2


3/23/16 PAG APF ISSUED FOR

CONSTRUCTION

0

dlbruner

Oval

NOT TO SCALE

GAS FIRED WATER HEATER PIPING DETAIL

REQUIRED BY CODE

MIN. HEIGHT AS

DRAIN

6"

FOR HEATER SECECTION SEE SCHEDULE AND SPECIFICATIONS.

1. FOR PIPE SIZES SEE FLOOR PLAN.

2.

NOTES:

ROOF

DHW

NATURAL GAS

GAS COCK

FULL SIZE DIRT LEG

FULL SIZE OF P&T

RELIEF VALVE OUTLET

EQUIPMENT PAD

COMPRESSION TANK (ET-1)

TALL CONE ROOF FLASHING

STORM COLLAR AND

GUY-WIRES IF REQUIRED

STACK CAP

DCW

RECIRC. PUMP (CP-1)

DHWR

FLOOR

DETAIL IS DIAGRAMATIC, PIPE INSTALLATION SHALL BECONFIGURED TO ACCOMADATE EQUIPMENT FURNISHED IN AREAINDICATED ON PLAN.

3.

SEE FLUE THROUGHROOF DETAIL ON M010

COMBUSTION AIR INTAKEGOOSENECK. MAINTAINCLEARNACES AS REQUIREDBY CODE.

FOLLOW MANUFACTURER GUIDELINES FOR INSTALLATION OFCOMBUSTION AIR INTAKE AND EXHAUST FLUE.

4.

WITH MSS SP-58, SP-69 AND SPECIFICATIONS.

HANGER AND SUPPORT SPACING IN ACCORDANCE

EXTRACTED FROM MSS SP-69, 1983, WITH

PLASTIC AND FIBERGLASS REINFORCED PIPE:

CAST IRON SOIL PIPE: 10 FT. MAX. SPACING.

CAST IRON PRESSURE PIPE: 12 FT. MAX. SPACING.

BRANCH CONNECTIONS.

CAST IRON AND DUCTILE IRON PIPE: MIN. OF ONE

BETWEEN SUPPORTS SUCH AS FLANGES, VALVES,

SPECIALTIES, ETC, OR CHANGES IN DIRECTION

DOES NOT APPLY WHERE SPAN CALCULATIONS ARE

SHIELDS, SEE TABLE 5, MSS SP-69.

FT.FT.FT.FT.IN.

MAXIMUM HORIZONTAL PIPE HANGER AND SUPPORT SPACING

FOR SPACING SUPPORTS INCORPORATING TYPE 40

REQUIRING ADDITIONAL SUPPORTS.

MADE OR WHERE THERE ARE CONCENTRATED LOADS

OF THE NATIONAL FIRE PROTECTION ASSOCIATION.

FIRE PROTECTION PIPING: FOLLOW REQUIREMENTS

(1) HANGER PER PIPE SECTION CLOSE TO JOINT ON

THE BARREL. ALSO AT CHANGE OF DIRECTION AND

STANDARDIZATION SOCIETY.

PERMISSION OF THE PUBLISHER, THE MANUFACTURERS

THIS TABLE PROVIDED FOR REFERENCE ONLY. PROVIDE

FOR SPACING AND SERVICE CONDITIONS.

FOLLOW PIPE MANUFACTURER'S RECOMMENDATIONS

STEEL PIPESTANDARD WEIGHT

SERVICEVAPOR

SERVICEWATER

SERVICEVAPOR

SERVICEWATER

30

COPPER TUBE

24

20

18

16

14

12

10

8

6

5

4

3 1/2

3

2 1/2

1 1/2

2

1 1/4

1

3/4

1/2

3/8

1/4

TUBE DIA. PIPE ORNOMINAL

44

42

39

37

35

32

281930

251826

231624

201421

181319

161217

151116

141015

13914

11813

10812

33

32

30

28

27

25

23

20

19

17

16

14

13

12

11

10

9

9

8

7

6

6

5

7

6

5

5

5

5

9

9

9

8

8

8

7

7

7

7

7

7

7.

3.

1.

2.

4.

5.

6.

NOTES:

ELECTRIC WATER COOLER CONNECTION DIAGRAM

NOT TO SCALE

36"

NOZZLE

27"

MIN

.

8" MIN.

WALL

1 1/2" VENT

WHA

1 1/2" WASTE

1/2" DCW

1/2" DCW

SHUT-OFFVALVE

FLOOR

WALL MTD. (HANDICAPPED)

GAS COCK

GAS COCK

NOT TO SCALE

NATURAL GAS PRESSURE REGULATOR/METER DETAIL

GAS

METER

GRADE TO WALL

PRESSURE REGULATOR,

10 PSIG INLET, 14 IN.

W.C. OUTLET

BUILDING WALL

SEE PLANS FOR SIZES

SEE PLANS

FOR CAPACITY

GRADE

(BY UTILITY)

-

-

1 1/2"

-

-

1 1/2"

-

-

-

-

-

-

1 1/2"EMERGENCY EYEWASH & SHOWEREEW/S ---

SINK, DEEPSK-3 1 1/2"1/2"1/2" 1 1/2"

SK-2 1 1/2"1/2"1/2" 1 1/2"SINK, SINGLE

SK-1 1 1/2"1/2"1/2" 1 1/2"SINK, DOUBLE

WATER CLOSET, HANDICAPPED

EWC-1

WC-2 1" 4" 2"WATER CLOSET

WH-1

HB

MB-1

SH-1

UR-1

WC-1

LAV-1

DESIGNATION

1 1/2"

1 1/2"

1 1/2"

1 1/2"1/2"1/2" 1 1/2"

1/2"

1/2"

3/4"

1/2"

1/2"

1/2"

3/4"

1"

3"

4"

2"

2"

2"

3/4"

WALL HYDRANT

HOSE BIB

ELECTRIC WATER COOLER

MP BASIN

SHOWER

URINAL

WATER CLOSETWATER CLOSET

LAVATORY

VENTWASTEHOTCOLD

WATER

FIXTURE

PLUMBING FIXTURE CONNECTION SCHEDULE

NOTES:

LAV-2 LAVATORY, HANDICAPPED 1/2" 1/2" 1 1/2" 1 1/2"

URINAL, HANDICAPPED 3/4" 2" 1 1/2"UR-2 -

WATER METER DETAIL W/ BFP

BACKFLOWPREVENTER

DCW TO SYSTEMSEE PLANS FOR SIZE

WATER METER(BY UTILITY)

NOT TO SCALE

SEE PLUMBING PLAN P003FOR CONTINUATION

PIPE TRENCH FLOOR

SUMP PIT - REFER TOSTRUCTURAL DRAWINGS

FLOAT SWITCH

UNION

ELECTRICALPOWER CORD

SUMP PUMP - REFERTO EQUIPMENT

SCHEDULE

NON-SLAMBRONZE CHECK

VALVE

DISCHARGE PIPE SEEPLAN FOR CONT.

FIN. FLR.

PUMP ON

PUMP OFF10"

4"

NOT TO SCALE

SUMP PUMP INSTALLATION DETAIL

NOT TO SCALE

TYPICAL COMPRESSED AIR DROP

4' 0

"

THREADED CAP FORFUTURE CONNECTIONBY OTHERS

COMPRESSED AIRMAIN

3/4" CA

date detailed

checkeddesigned

ofsheet sheets

project contract

rev.drawing

file


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P013

78647

PLUMBING DETAILS II

FEBRUARY 12, 2015

P. GRAEVE K. PRINDS

A. VELLECA


3/23/16 PAG APF ISSUED FORCONSTRUCTION

0

dlbruner

Oval

RFI No.: 3DATE: 5/20/2016

TO:WMCI Project #: 216-02

City Bid #: WP-P-13-001ATTN: BMcD Project #: 78647

Signature: Date:

Priority: High Medium Low

Cost Impact: YesSchedule Impact: Yes

Copies to:

B. REPLY TO CLARIFICATION REQUEST: (attach additional page if needed)

Signature: Date:Title:

Copies to:

h:\const\exc\RFI form

Location: Process Area

5/20/2016Jim Perkins - Project ManagerContractor

5/27/2016Please Respond by:

FILE

REQUEST FOR INFORMATION

This is to inform you of questions, clarification and/or problems on this project the response to which may impact the process, cost, and/or scheduled completion date. If we feel your response affects the project schedule, and/or cost, we will notify you of the effect under separate cover.

Drawing/Specification Reference: Plan Sheet P003 & P013A. QUESTION FOR CLARIFICATION: (attach additional page if needed)

ARK CITY KS WTP IMPROVEMENTS

Plan Sheet P003 indicates a sump pump #1 in pipe trenches & #2 in High Service Pump area. Plan sheet P013 has a sump pump installatoin detail included on that sheet with a note that says "sump pit - refer to structural drawings". There is no requirement for sump pit that I can find in structural drawings at the sump pit or the high service pump area. Please privide details for concrete sump pits or cast in floor premolded sump pits if they are required. I have attached plan sheet P003 & P013 for your reference.

Burn & McDonnell9400 Ward ParkwayKansas City, MO 64114Dana Bruner

Page 1 of 1

jtsouflias

Text Box

See attached for sump locations and details.

jtsouflias

Text Box

John Tsouflias

jtsouflias

Text Box

5/24/2016

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CHANGE PROPOSAL NO. 8



Shelley Electric Per BMcD ECN007 1 lsum 0.00 0.00 0.00 0.00 1144.00 1144.00 0.00 0.00 1144.00WMCI Super 2 hrs 45.00 90.00 0.00 0.00 0.00 0.00 0.00 0.00 90.00

ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 3.60 0.00 0.00 0.00 0.00 0.00 0.00







Changes per ECN 007 and attached proposal from Shelley Electric.

PAGE 1


Date: 10/19/2016

16162-0007C.O.R. #



G.C. #


ECN007 Misc Changes


Jim Perkins



Fax:(785) 539-7513 (785) 539-6521


Jodi DeGraffenried

Phone: Fax:


To:

Attn:

Phone: (316) 945-8311 (316) 945-2604

Generator standard factory testing was previously submitted and approved as a Value Engineering deduct and is not included in this ECN.Sheet E005 - Change 20/3P to 15/3P - N/C Done at factorySheet E005/E012 - Add homerun to GUH circuit. Estimated less than $100 add - N/CSheet E012/E014 - Move WTP-CS-060 - Distance to PLC is approx the same - N/CSheet E005/E013 - Add homerun to GUH-11 - Adder is offset by elimination of circuit between GUH-3 and GUH-7 - N/CSheet E028 - Not applicable to ECSheet E030 - Add P-PWPS-PV001-1 cable from PWPS-LCP-100 to PWPS-PV-001 - See included backup and pricing



Jodi DeGraffenried

Author Date Sent

10/19/2016




Page 1 of 2

Date: 10/19/2016

16162-0007C.O.R. #



G.C. #

Labor


Journeyman 10.78 $29.98 $22.60 $0.00 $0.00 $566.81

Non Work FM 2.00 $32.98 $23.67 $0.00 $0.00 $113.30

$680.11Sub Total $0.00



Per Extend 1.00 $314.32 $0.00 $314.32

$314.32Sub Total $0.00


$994.43Total$149.16Overhead

$1,144.00Total

Page 2 of 2


Report: Matl Price & NECA 1[Items and ByProducts]Extension Name: ECN007


Item # Item Name Quantity Matl Price U Ext Matl Price LABOR * U Ext Labor * CCode

Label Set: Combined, Combined, Combined, Combined, Combbined $314.32 10.78CCode: 116 Branch Rough $238.63 8.28

1,410 1 LOCKNUT 4.00 $60.53 C $2.42 0.00 X 0.00 1161,448 1 BUSH PLASTIC 2.00 $119.61 C $2.39 40.00 C 0.80 1161,510 3/4 HUB,INSULATED 2.00 $774.68 C $15.49 110.00 C 2.20 1162,181 1 ROBROY 10.00 $606.14 C $60.61 10.00 C 1.00 1162,194 1 ROBROY COUP 4.00 $623.35 C $24.93 0.00 C 0.00 1162,207 1 ROBROY ELBOW 2.00 $1,965.88 C $39.32 70.00 C 1.40 1162,306 3/4 GRC/PVC LB BODY 1.00 $49.10 E $49.10 65.00 C 0.65 1162,402 1 GRC/PVC 1H STRAP 1.30 $1,062.83 C $13.82 4.00 C 0.05 1162,440 1 GRC/PVC CLAMP BAK 1.30 $0.00 E $0.00 4.00 C 0.05 1162,543 1 PVC 40 UG INSTALL 40.00 $24.59 C $9.83 4.00 C 1.60 1162,926 3/4 FLEX WP 3.00 $174.31 C $5.23 7.50 C 0.22 1162,938 3/4 FLEX WP CONN 1.00 $583.82 C $5.84 15.00 C 0.15 1162,986 3/4 FLEX WP 90 CONN 1.00 $963.79 C $9.64 15.00 C 0.15 116

CCode: 1222 Branch Wire $20.70 1.7520 12 THHN CU STRANDED 212.00 $85.97 M $18.22 6.00 M 1.27 122

3,137 12 GA TERMINATION 3.00 $71.90 C $2.16 0.15 E 0.45 1223,226 TAN(RED) WIRE NUT 3.00 $10.49 C $0.31 1.00 C 0.03 122

CCode: 1337 Underground/Civil Work $55.00 0.7511,976 CORE DRILL 1/2-1 1.00 $55.00 E $55.00 0.75 E 0.75 137

[Items and ByProducts] Total: $314.32 10.78


REFERENCE ECN 008WALTERS-MORGAN CONSTRUCTION, INC. ENGINEER # 78647 JOB NO. 216-02WATER TREATMENT PLANT IMPROVEMENTS DATE 15-Nov-16ARKANSAS CITY KANSAS WTP OWNER # WP-P-13-001


Shelley Electric 1 lsum 0.00 0.00 0.00 0.00 758.00 758.00 0.00 0.00 758.00Kuhn Mechanical 1 lsum 0.00 0.00 0.00 0.00 1080.00 1080.00 0.00 0.00 1080.00WMCI Super 2 hr 45.00 90.00 0.00 0.00 0.00 0.00 0.00 0.00 90.00

ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00ea 0.00 0.00 3.60 0.00 0.00 0.00 0.00 0.00 0.00







Changes per ECN 008 and attached proposal from Shelley Electric & Kuhn Mechanical

PAGE 1


Date: 11/7/2016

16162-0008C.O.R. #



G.C. #


ECN 008 Misc Changes


Jim Perkins



Fax:(785) 539-7513 (785) 539-6521


Jodi DeGraffenried

Phone: Fax:


To:

Attn:

Phone: (316) 945-8311 (316) 945-2604

Panel ELEC-PNL-041

Panel has been approved and released at factory level.To avoid delay and assure correct breaker placement, we propose the following,:

Field install new 40A/1P 30mA GFCI breaker for heat trace.Remove/relocate existing 20A/1P 30mA GFCI to space in panel

Change #12 wire to #8 wire for Ckt 16 ELEC-PNL-041

Change Order Price $758.00


Jodi DeGraffenried

Author Date Sent

11/7/2016




Page 1 of 2

Date: 11/7/2016

16162-0008C.O.R. #



G.C. #

Labor


Journeyman 2.33 $29.18 $22.58 $0.00 $0.00 $120.60

Foreman 2.00 $32.10 $23.57 $0.00 $0.00 $111.34

$231.94Sub Total $0.00



40A 30mA GFI Bkr 1.00 $405.91 $0.00 $405.91

Frt 1.00 $15.00 $0.00 $15.00

$420.91Sub Total $0.00


$652.85Total$97.93Overhead$7.51Bond

$758.00Total

Page 2 of 2

Job Name: Job 16162 Ark City RO WTP

Job Number: 1956

Extension Name: ECN008 [Items and ByProducts]

Label Set: Combined, Combined, Combined, Combined, Combined

CCode: 122 Branch Wire

58 12 XHHW CU SOLID -270.00 $180.86 M

82 8 XHHW CU STRANDED 120V 270.00 $284.40 M

3,137 12 GA TERMINATION -6.00 $71.90 C

3,139 8 GA TERMINATION 6.00 $111.54 C

CCode: 124 Distribution

6,679 20A CB 1 P 250V 1.00 $0.00 Q

6,683 40A CB 1 P 250V 1.00 $0.00 Q

CCode: 136 Demolition

13,543 DEMO 15-50A PANEL BREAKER -1.00 $0.00 E

[Items and ByProducts] Total:

Courtesy of McCormick Systems Inc. Page 1

LABOR * U

$30.34

$30.34

($48.83) 14.00 M

$76.79 18.00 M

($4.31) 0.15 E

$6.69 0.25 E

$0.00

$0.00 0.50 E

$0.00 0.55 E

$0.00

$0.00 0.40 E

$30.34

Material Filter: < None>

Report: Mati Price & NECA 1

Ext Labor* CCode

2.33

1.68

-3.78 122

4.86 122

-0.90 122

1.50 122

1.05

0.50 124

0.55 124

-0.40

-0.40 136

2.33

11/7/2016 9:44 AM

Wesco Distribution Inc. 1257 N Mosley St

WESCO PROJECT QUOTATION Wichita, Ks 67214

Gary DeHaven P: 316-267-4387

I)ISTR lBlrrrON E: [email protected] C: 316-214-6703

This quotation constitutes an offer to sell which offer expressly limits acceptance to the terms of this offer or unless there are different or additional terms and conditions contained in a master agreement that modify WESCO's standard terms. Buyer agrees that this quote and any resulting purchase order will be governed by WESCO's terms and conditions available at http://www.wesco.comITERMS_AND_CONDITIONS_OF_SALE.PDF, as such terms maybe updated from time to time, which terms are incorporated herein by reference and made part hereof. Please contact the seller identified on this quote if you required a printed copy. This offer shall be firm for a period of fifteen (15) business days from the date of the offer and subject to buyer's credit worthiness. The return of this form with a purchase order number or any other reasonable manner of acceptance will be sufficient to form an agreement.

To: SHELLEY ELECTRIC COMPANY Date: 11/7/2017 Page:

Quotation Number: Attention: Scott Michaelis Project Name: ARK CITY WWTP

Jodi DeGraffenried Item Quantity Catalog Number or Description Unit Price U/M Total Price Delivery

1 1 QBGFEP1040 EATON 1/P 40A 30MA GFCI BREAKER $ 405.91 EA $ 405.91 2-3 WKS

FOR PLACEMENT IN PANEL "ELEC-PNL-041"

TOTAL: $ 405.91

F.O.B. Point of Shipment. The prices stated in this offer, unless renewed

automatically expire fifteen days from the date of this offer. Per: Gary DeHaven

of I

Tran/mlttal

HUHn Mechanical Inc.

Attn: Jim Perkins Project Manager Walters-Morgan Construction , Inc. 785-539-7513

I Action : Forward to engineers

ECM008

I. Plan M003-1 = No change

Roughing:

File

Attachments:

Ark City Water Plant Num; #4 Ref: ECN 008 Loca; AC WTP Date; 11 /10/16

Proj ; 11004 Plum 11001 HVAC 11005 Chem

2. Plan P002-1 = Add floor drain(FD-A) in room 114 = Add $280.00

3. Plan P004-1 + Replace CO-I with CO-2 x 5 = 160.00 each - Add $800.00

Plumbing, Piping, HVAC, Fueling, Engineers and Contractors PO Box 551 1001 E. Kansas Ave. Arkansas City, KS 67005

Ph 620/441 -9339 Fax 620/ 442·5559 www.kuhnmechanical.com

JimP

Highlight


REFERENCE EmailsWALTERS-MORGAN CONSTRUCTION, INC. ENGINEER # 78647 JOB NO. 216-02WATER TREATMENT PLANT IMPROVEMENTS DATE 07-Feb-17ARKANSAS CITY KANSAS WTP OWNER # WP-P-13-001


LG Pikes - Punch/Drill additional holes in angle 1.00 ls 0.00 0.00 960.00 960.00 0.00 0.00 0.00 0.00 960.00HME - Supply and ship additional bolts to site 1.00 ls 0.00 0.00 100.00 100.00 0.00 0.00 0.00 0.00 100.00Drill additional holes in Masony and install additional bolts 28 ea 17.50 490.00 0.00 0.00 0.00 0.00 0.00 0.00 490.00Masonry Drill Bits 2.00 ea 0.00 0.00 45.00 90.00 0.00 0.00 0.00 0.00 90.00

0 ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000 hr 45.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

0.00 ea 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00Direct Cost Subtotals $490.00 $1,150.00 $0.00 $0.00 $1,640.00





SUBTOTAL W/O BOND SUBTOTAL $2,215.76Bonds & Insurance (1.2%) BOND / INSUR COST $26.59CHANGE TOTAL WITH BOND TOTAL WITH BOND $2,242.35ADDITIONAL TIME REQUESTED: One ( 1 ) Work Day

Change spacing on holes for support angles in Admin Building from 18" centers to 9" centers. Puch/Drill additional holes in angel, drill additional holes through masonry, and furnish and install extra bolts required to place on 9" centers.

PAGE 1

Attachment 1.10 (2 Pages, Including Cover)

1

Jim Perkins

From: angie <[email protected]>Sent: Tuesday, February 07, 2017 9:14 AMTo: Jim PerkinsSubject: drill holes in angle iron

Good Morning Jim, the cost to drill the holes in the 4-20ft long pieces of angle iron will be $960.00. We will send an official invoice later this week. Please send me a tax exempt certificate. Thanks, Angie B of LG Pike Const Co Inc.




Staff Contacts Lesley Shook / Andrew Lawson

Title: Consent Agenda Item: Ratify Mayor Duane Oestmann’s reappointment of Stephanie Wall Brown to the Outstanding Young Student Award Committee.

Description: Stephanie Wall Brown’s term expired February 4 and she is interested in being reappointed for an additional three-year term, which would end May 1, 2019. This reappointment would ensure seven seats remain filled on the Outstanding Young Student Award Committee, which will begin its work to identify the top Outstanding Student sometime next month.

Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for consideration as new business.



City Manager

Board Vacancies as of February 14, 2017

Board/Commission/Committee/Council Board Recommendations Applications Received /

Interest Expressed

Cowley County Council on Aging ― 1 Vacancy Accepting applications

Equal Opportunity and Accessibility Advisory

Board

Joaquin Retana, Daniel

Yocum

* Mayor’s Recommendation

Upcoming Reappointments

Board/Commission/Committee/Council Member(s) / Term Expiration Date Notes

Outstanding Young Student Award

Committee

Stephanie Wall Brown / Feb. 4,

2017

Desires

reappointment

Convention and Visitors Bureau Board of

Directors

Commissioner Charles Tweedy III /

March 7, 2017

Could be reappointed

at reorganization

meeting

South Central Kansas Medical Center

Board of Trustees JoLynn Foster / April 1, 2017 Serves as treasurer

Arkansas City Public Library Board of

Trustees

Kayleigh Lawson / April 30, 2017 Serves as vice chair

Blanche Schmidt / April 30, 2017 Serves as chair

Building Trades Advisory Board

Carl Bowman / May 1, 2017 Master Plumber

Brian Mayfield / May 1, 2017 Master Electrician

Ken Miller / May 1, 2017 Master Mechanical

Leonard Mumford / May 1, 2017 General Contractor

Northwest Community Center Advisory

Board

Ray Berry, Tyler Henderson / May 1,

2017

Outstanding Young Student Award

Committee

Tasha Bucher, Toni Greene / May 1,

2017 Bucher serves as chair

Planning Commission / Board of Zoning

Appeals Gordon Fry, Carl Mills / May 1, 2017

Members from inside

city limits

Planning Commission Brian Wells / May 1, 2017

Member from 3-mile

growth area outside

city limits

Public Building Commission Chris Tackett, Shandon Weston /

June 1, 2017

Historic Preservation Board Kevin Cox / September 1, 2017 Serves as chair

J.W. Lozano / September 1, 2017 Serves as vice chair

Applications Received / No Current Vacancies

Name Interest in serving on:

Michael Bergagnini South Central Kansas Medical Center Board of Trustees

Kay Cartee South Central Kansas Medical Center Board of Trustees

Michelle Dykes Arkansas City Recreation Commission

Dale Eggen Planning Commission / Board of Zoning Appeals

Dr. Mauricio Herrera South Central Kansas Medical Center Board of Trustees

Ted Kadau Building Trades Advisory Board

Planning Commission / Board of Zoning Appeals

Derek Koller South Central Kansas Medical Center Board of Trustees

Mell Kuhn Planning Commission / Board of Zoning Appeals

South Central Kansas Medical Center Board of Trustees

Sue Lancaster Planning Commission / Board of Zoning Appeals

Bob Mathews Planning Commission / Board of Zoning Appeals

Harvey Owens Planning Commission / Board of Zoning Appeals

Dr. John Seitz South Central Kansas Medical Center Board of Trustees

Chris Tackett Planning Commission / Board of Zoning Appeals

Michael Taylor Building Trades Advisory Board

Don Ward South Central Kansas Medical Center Board of Trustees

Jill Wineinger Planning Commission / Board of Zoning Appeals




Staff Contact Nick Hernandez

Title: Consent Agenda Item: A Resolution authorizing the City of Arkansas City to execute an agreement to extend the Interlocal Cooperation Agreement for the operation of an Economic Development Program for an additional three year period. Description: Kerri Falletti, Cowley first Director, has requested the commission approve an agreement to extend the Interlocal Cooperation Agreement for an additional 3 year period. Commission Options: 1. Approve with the consent agenda. 2. Remove item from the consent agenda for consideration as new business. Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

RESOLUTION NO. 2017-02 A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO EXECUTE AN AGREEMENT TO EXTEND THE INTERLOCAL COOPERATION AGREEMENT FOR THE OPERATION OF AN ECONOMIC DEVELOPMENT PROGRAM FOR AN ADDITIONAL THREE YEAR PERIOD. WHEREAS, the Interlocal Cooperation Agreement for County Wide Economic Development Services Agreement for the provision of County Wide Economic Development was approved October 28, 2011; and WHEREAS, section 4 of the Interlocal Agreement allows for the agreement to be extended by an additional three year period upon approval by all parties to the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Administration to execute an agreement to extend the Interlocal Cooperation Agreement for the Operation of an Economic Development Program for a period of three years pursuant to Section 4 of the agreement from December 31, 2016 until December 31, 2019. A copy of such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City.

PASSED AND RESOLVED by the Governing Body of the City of Arkansas, Kansas this 21st day of February, 2017. _______________________________________ Duane L. Oestmann, Mayor ATTEST: _____________________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: _____________________________________ Tamara L. Niles, City Attorney

CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2017-02-____ of the City of Arkansas City, Kansas adopted by the governing body on February 21, 2017 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

First published in the Arkansas City Traveler Mov. g3i2011.)

ORDINANCE NO. 2011 -11 -4291

AN ORDINANCE AUTHORIZING THE CITY OF ARKANSAS CITY, KANSAS, IN CONJUNCTIONWITH OTHER PARTICIPATING GOVERNMENTAL ENTITIES, TO ENTER INTO A NEWINTERLOCAL AGREEMENT FOR THE PROVISION OF COUNTY -WIDE ECONOMIC

DEVELOPMENT SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK AND /OR CITY

ADMINISTRATION TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE

THE PURPOSES AND INTENTS OF THIS LEGISLATIVE ENACTMENT.

WHEREAS, on the 21 day ofNovember, 2006, the Governing Body adopted Ordinance no. 2006 -11 -4099,authorizing an Interlocal Agreement establishing "Cowley First ", a county-wide economic development tool;and

WHEREAS, that Interlocal Agreement has been updated and revised, and therefore the Governing Bodydesires to authorize a new Agreement regarding "Cowley First".

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS, INCONJUNCTION WITH OTHER PARTICIPATING GOVERNMENTAL ENTITIES:

SECTION ONE: The Governing Body of the City ofArkansas City hereby authorizes the Mayor and any otherrequired officials of the City ofArkansas City to execute an Interlocal Agreement to provide for county-wideeconomic development services. Such Agreement is attached hereto and incorporated by reference as if fullyset forth herein.

SECTION TWO: The Mayor, City Clerk, and /or City Administration of the City of Arkansas City, CowleyCounty, Kansas are authorized and directed to execute any and all documents necessary to consummate thepurposes and intents as expressed in this Legislative Enactment and, if executed by the Mayor (or other personauthorized by law to act in the event ofthe absence or inability ofthe Mayor to act), the City Clerk is directedto attest to and affix the official Seal of the City thereon. City Administration is authorized to submitadditional information as may be required and the office of the City Manager shall act as the officialrepresentative of the City of Arkansas City, Cowley County, Kansas in this and subsequent related activities.

SECTION THREE: Upon ratification by all participating Agencies, counsel for the City is authorized anddirected to submit the Interlocal Agreement to the Attorney General for the State of Kansas for approval andthereafter to file the Agreement, if required, with the Register of Deeds Office, and the Kansas Secretary ofState, all as provided and authorized by K.S.A. § 12 -2904, and all acts amendatory thereof or supplementalthereto.

001100

PV9° g41i0V,RDAINED by the Governing Body of the City of Arkansas City, Kansas this 15` day ofst ( o d er.2, I

eal EALi=

oIl.J

4Ilk

Joe ockbury, Mayor1'1'I.ST:

Lesle r ook, Clerk

DRAFTED A .0. APPR VED AS TO FORM:

amara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of OrdinanceNo. 2011 -11 -4291 of the City of Arkansas City, Kansas adopted by the City Commission onNovember 15, 2011 as the same appears of record in my office.

DATED:

Lesley Shook, Clerk

006- & : - 073

Interlocal Cooperation AgreementFor The Provision of

Countywide Economic Development Services

This Interlocal cooperation agreement hereinafter referred to as the Agreement is made andentered into this _28th day of October 2011 by and between Cowley County, Kansas, agovernmental subdivision of the State of Kansas organized and existing under the laws of theState of Kansas and hereinafter referred to as "County; the City of Arkansas City, Kansas, amunicipal corporation organized and existing under the laws of the State of Kansas andhereinafter referred to as "Arkansas City "; the City of Winfield, Kansas, a municipalcorporation organized under the laws of the State of Kansas and hereinafter referred to as

Winfield" and Cowley College, an institution of higher education operating under the laws ofthe State of Kansas and hereinafter referred to as "College ", and various agencies within CowleyCounty collectively referred to as "Business Partners" that are officially represented byCornerBank and Union State Bank.

PURPOSE

The purpose of this agreement is to provide a legal foundation for "Cowley First: Cowley CountyEconomic Development Partnership" and hereinafter referred to as Cowley First. Cowley First isa collaborative countywide economic development program to preserve and enhance theeconomic and business vitality of Cowley County, Kansas including the communities within it.Under this agreement, County will maintain and coordinate the Cowley First program and willotherwise undertake activities which either create jobs or increase the economic vitality ofCowley County through expanded residency or business investment as more fully describedbelow.

WHEREAS, PURSUANT TO THE AUTHORITY OF K.S.A. 12 -2901 ET. SEQ., THEPARTIES AS PUBLIC AND PRIVATE AGENCIES HAVE THE AUTHORITY TO

ENTER INTO THIS INTERLOCAL AGREEMENT, AND EACH SHALL HAVE THOSEPOWERS, DUTIES AND FUNCTIONS AS SET FORTH IN SAID STATUTES AND ASOTHERWISE ALLOWED BY LAW.

NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN COUNTY,ARKANSAS CITY, COLLEGE, WINFIELD, AND BUSINESS PARTNERS AS

FOLLOWS:

SECTION ONE

Retention of County To Maintain & Coordinate the Cowley First Program.

The parties to this agreement do hereby retain County for the purposes of maintaining andcoordinating the Cowley First program consisting of paid staff and collaborative efforts withparticipating member organizations to support and promote the economic development ofCowley County. County will retain and /or assign staff and coordinate the collaborative efforts ofparticipating members to operate the program and to ensure that the responsibilities of theCowley First program are carried out in an efficient and effective manner to the extent of the

Cowley County Economic Development Interlocal Agreement — 10-28-2011 Page 1

resources provided under this agreement. County shall through a combination of paid staff andcollaborative efforts with participating member organizations maintain and coordinate theCowley First program to foster and achieve the following:

1. To maintain a business climate conducive to the expansion and retention of existingbusinesses and industry within Cowley County. Maintain regular contact with firmswithin the communities, industrial parks and county to determine if there areopportunities with which the program might assist.

2. To promote, support and encourage creative local entrepreneurship, business incubationsmall business development efforts to stimulate the start up of new businesses and

industrial enterprises in the county that will import wealth into the local economy. Towork with local school districts, universities, community leaders to create

entrepreneurship education programs & to enhance the local entrepreneurship culture.

3. To work with program partners to strengthen the quality and quantity of the localworkforce.

4. To undertake targeted business recruitment efforts and to provide information andcoordinate site visits for firms that might wish to investigate Cowley County as adesirable location in which to locate a new business operation. This activity will include:

a. responding to requests for assistance from the Kansas Department of Commerceas well as parties to this agreement

b. maintaining a high quality Cowley County Economic Development programwebsite

c. developing, printing and distributing information pertinent to attracting newbusiness and industrial firms to the county

d. providing a point of contact for phone calls, faxes, email, letters and personalvisits relating to economic development

5. To encourage rural development through the expansion of tourism activities andinitiatives in agritourism.

6. To assist community partners in their efforts to implement quality of life initiatives andefforts to enhance community appeal.

7. To work with program partners to formulate and execute strategic & long -range plans toenhance the economic viability and quality of life in Cowley County.

Cowley County Economic Development Intel Agreement — 10-28-2011 Page 2

SECTION TWO

Program Governance

1. Coordinating Council: An eight (8) member Coordinating Council composed ofa representative from each of Arkansas City, College, County, Winfield, CornerBank, and UnionState Bank, with two additional selected at -large representatives appointed by them, will make upthe Coordinating Council and shall act as an executive committee for the Cowley First program.The Coordinating Council, by mutual agreement, may amend the membership of the Council toadapt to program priorities and changing circumstances.

2. Economic Development Advisory Committee: To advise and assist County inmaintaining and coordinating the Cowley First program a Cowley County EconomicDevelopment Advisory Committee shall be appointed. The Advisory Committee shall consist ofthe members of the Coordinating Council and one representative selected by each participatingmember organization listed below. The Coordinating Council, by mutual agreement, may amendthe membership of the Economic Development Advisory Committee from time to time to reflectprogram priorities and to adjust to changing circumstances.

1. Arkansas City Area Chamber of Commerce2. Ark City Industries3. Southwestern College4. Strother Field

5. Winfield Area Chamber of Commerce

6. Winfield Economic Development7. At -Large Rural Eastern Cowley County — Selected by Advisory Committee8. A -Large Rural Northern Cowley County— Selected by Advisory Committee9. At -Large Industry /Entrepreneur Member — Selected by Advisory Committee10. At -Large Industry /Entrepreneur Member— Selected by Advisory Committee11. At -Large General Member— Selected by Advisory Committee12. At -Large General Member — Selected by Advisory Committee13. At -Large General Member — Selected by Advisory Committee

SECTION THREE

Reports and Funding

County will provide quarterly reports to the parties to this agreement and the participatingmember organizations on the activities and accomplishments under this agreement as well as theexpenses for operation of Cowley First. It will also provide an annual report to the parties inMay along with its request for funding for the following year's operation.

The Cowley First Director shall, each year, develop a budget setting forth the anticipated fiscalrequirements of Cowley First and the anticipated revenues to defray those expenses. It shall

submit the budget to the Coordinating Council each year for review and approval. Uponapproval of the budget by the parties of this agreement, the cost of the budget not offset by otherrevenues shall be split equally between County, Arkansas City, Winfield and Business Partners.Funds received from College will be credited toward balance due by Business Partners. In

Cowley County Economic Development Interlocal flgreement— 10 -28 -2011 Page 3

determining the cost share of the budget the parties may consider the provision of officeequipment, shared staff and other in -kind support as a part of its contribution to the operation ofCowley First.

Payments to County shall be made quarterly in advance. In administering the budget of theprogram, County shall handle all disbursements and expenses in accordance with its normalaccounting and disbursement procedures and will maintain sufficient records to determine theexpenses incurred in fulfilling its responsibilities under this agreement.

SECTION FOUR

Term of Agreement, Termination.

This agreement shall operate from and after the date first above written until December 31, 2016.This agreement may be extended for an additional three (3) year period upon approval of allparties to the agreement. Any of the parties hereto may withdraw from this agreement by givingthe other parties and the Coordinating Council written notice. Any party so withdrawing fromthis agreement by August 25 shall be obligated to pay its proportionate share as set forth inSection Three for the remainder of the calendar year. Any party so withdrawing from thisagreement after August 25 shall pay its proportionate share for the remainder of the adoptedbudget year(s) following the date of notice of withdrawal from this agreement. The agreementmay also be terminated by mutual agreement of all parties to the agreement. Upon termination,all assets and liabilities of Cowley First shall be identified and a closure agreement shall benegotiated by all parties and each will assume an equal share of the value and liability of theprogram or some other share if mutually agreed upon by all parties.

SECTION FIVE

Approval and Authorization

The Arkansas City,. County, College, Winfield, and Business Partners as officially represented byCornerBank and Union State Bank warrant and represent by execution of this agreement that thisagreement has been approved by their governing bodies and by their legal counsel and that theagreement constitutes a legal, valid and binding obligation upon Arkansas City, College, County,Winfield, and Business Partners in accordance with its terms.

SECTION SIX

Notices

Any notice, request, demand or other communication required by this agreement shall be inwriting and shall be deemed duly given if personally delivered or mailed by certified or registeredmail, return receipt requested, postage prepaid to the following recipients and addresses:

Cowley County Economic Development lnterlocal Agreement — 10 -28 -2011 Page 4

City of Arkansas CityBoard of City CommissionersP.O. Box 778

Arkansas City, KS 67005

City of WinfieldBoard of City CommissionersP.O. Box 646

Winfield, KS 67156

Cowley CountyBoard of County Commissioners311 E. 9tli AvenueWinfield, KS 67156

Cowley CollegePresident

125 S. Second Ave.

Arkansas City, KS 67005

CornerBank

President & Chief Executive Officer

P.O. Box 545

Winfield, KS 67156

Union State Bank

Chairman & CEO

P.O. Box 928

Arkansas City, KS 67005 -0928

SECTION SEVEN

Amendments

This agreement may be amended in any or all respects but only by express, written agreement ofthe parties thereto authorized by action of the governing bodies of each of the parties in the samemanner as the original agreement was approved and in accordance with the requirements of theKansas Interlocal Cooperation Act.

SECTION EIGHT

Binding Effect

This agreement shall be binding upon and the benefits inured to the parties hereto and theirrespective representatives, heirs, successors and assigns.

Cowley County Economic Development Interlocal Agreement — 10 -28 -2011 Page 5

SECTION NINE

Applicable Law

This agreement shall be governed and construed in accordance with the laws of the State ofKansas.

SECTION TEN

Venue

It is agreed by and between the parties that should any legal dispute arise concerning the validityand the effect of this agreement, or any breach of the agreement then the venue for such disputeshall be in the District Court of Cowley County, Kansas.

SECTION ELEVEN

Severance

If any section, subsection, paragraph, sentence, clause, phrase of this agreement should bedetermined to be invalid for any reason whatsoever by a court of competent jurisdiction suchdecision shall not affect the remaining provisions of the agreement, which shall remain in fullforce and effect and to this end the provisions of this agreement are hereby declared to beseverable and shall be presumed to have been agreed upon knowing that the part or sectiondeclared invalid would be so declared.

SECTION TWELEVE

Effective Date

This agreement shall take effect on the date first written above and be in force upon its executionby all parties hereto and upon approval by the Attorney General of the State of Kansas and uponfiling of the agreement with the Register of Deeds of Cowley County and the Kansas Secretary ofState.

SECTION THIRTEEN

Sole and Only Agreement

This agreement constitutes the entire and total agreement by and between the parties hereto withrespect to the subject matter hereof, and as such it hereby supersedes any and all prioragreements, negotiations or discussions pertaining thereto.

Cowley County Ecozzonzic Developmentnzent Interlocal Agreement — 10 -28-2011 Page 6

IN WITNESS WHEREOF, the parties hereto have caused this interlocal cooperation agreementto be executed as of the date first written above and do hereby bind themselves to the faithfulperformance according to the terms and conditions as hereinabove set forth.

cA o Joel Hoc -n e try, Mayd/O T

City of A' cansas City

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4.•k, Arkansas City City Clerk

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Reviewed .

appro end for form by:

Tamara Niles, Arkansas City Attorney

Cowley County Economic Development Interlocal /lgreement — 10 -28 -2011 Page 7

1

IN WITNESS WHEREOF, the parties hereto have caused this interlocal cooperation agreement

to be executed as of the date first written above and do hereby bind themselves to the faithfulperformance according to the terms and conditions as hereinabove set forth.

A 1ST: aggart all, Mayor

A ••• = City of Winfield

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Brefi.01 1 s ; r ' ld City Clerktoo`'`t 1`

Reviewed and approved for form by:

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William E. Muret, Winfield City Attorney

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1Cowley County Economic Development Interlocal Agreement— 10- 28-2011 Page 8

111

1IN WITNESS WHEREOF, the parties hereto have caused this interlocal cooperation agreement


ATTEST: Gary Wi so , Chai ian

Cowley Cou- : d of Commissioners'

Karen D. Defore; County Clerk

Reviewed and approved for faun by:

William A. Taylor, III, Co ty Counselor

Cowley County Economic Development Intcrlocal Agreement— 10- 28-2011 Page 9



ATTEST: Dr. Pat McAtee, President

Cowley College

i. ey PO ler, Board Clerk

Reviewed and approved for . by:

I-Davis W. Andreas, Board Attorney

1

Cowley County Economic Development Interlocal Agreement— 10- 28- 2011 Page 10



ATTEST: Bruce Schwyh , Preside..

CornerBank

4(edt,

Katherine Fox, Secretary

Cowley County Economic Development Interlocal Agreement— 10- 28-2011 Page 11

1



ATTEST: William R. Docking, Chairman &Union State Bank

Vir ' a Donaldson, Secretary

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Cowley County Economic Development Interlocal Agreement— 10- 28- 201 1 Page 12

9

The foregoing interlocal cooperation agreement for the creation and participation in the CowleyCounty Economic Development Agency is hereby approved in accordance with KSA 12- 2901 etseq. on this day of 2011.

Derek Schmidt, Attorney General, State of Kansas

1

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Cowley County Econo nic Development Interlocal Agreement— 10- 28- 201 I Page 13

2016 Activity Report

Cowley First

Cowley County Economic Development Partnership

Celebrating 13 years of business and community support.

Staff

Kerri Falletti, CEcD-Economic & Community Development Director

Board member – Society of Human Resource Management (SHRM)

Board member – Kansas Economic Development Alliance (KEDA)

Board and Oversight committee member – Workforce Alliance of South Central Kansas Area IV

Board and loan committees member – South Central Kansas Economic Development District (SCKEDD)

Board Leader, Program Facilitator and Graduate of Leadership Cowley County

Certified Grant Administrator – Economic Development and Community Development Block Grants

Certified Economic Developer (CEcD)

Graduate of Oklahoma University – Economic Development Institute

Member of International Economic Development Council

Member of Arkansas City and Winfield Chambers of Commerce

USD 465 & 470 Advisory Committees

Cowley College Manufacturing Technology Committee

Deb Firebaugh, Assistant to the Director

Cowley County Tourism Alliance Committee

Arkansas City Chamber Workforce and Education Committee

USD 462 Career Tech Advisory Committee

South Central Ks Tourism Region Alliance

Kay Harper, PT Secretary

Maintains Cowley-Works and Facebook information

Cowley First Mission Statement

This countywide partnership is dedicated to assist in expansion and retention of

existing businesses, support local entrepreneurs, attract new businesses and industries while

utilizing Cowley County’s prominent business atmosphere, high quality of life, recreation and

tourism opportunities and excellent education facilities.

Coordinating Council:

A nine member coordinating council made up of one representative selected by Arkansas City, Cowley College, Cowley County, RCB Bank, Strother Field Commission, Union State Bank and Winfield respectively and two at-large members appointed by the other seven collective members shall act as an executive committee for the Cowley First: Cowley County Economic Development Partnership.

Cowley First Partnership

Entity Representative Appointing Authority Term

1 Arkansas City Charles Tweedy or

Nick Hernandez

City of Arkansas City No Term Limit

2 Cowley County Wayne Wilt or

Lucas Goff

Cowley County No Term Limit

3 Winfield Jeremy Willmoth City of Winfield No Term Limit

4 RCB Bank Lonnie McCullough

or John Sturd

RCB Bank No Term Limit

5 Union State Bank Eric Kurtz Union State Bank No Term Limit

6 Cowley College Dennis Rittle or

Harold “Doc” Arnett

Cowley College No Term Limit

7 Strother Field Shawn McGrew Strother Field Commission No Term Limit

8 At-Large Member Mark Paton Coordinating Council Appointed

9 At-Large Member Craig Duncan Coordinating Council Appointed

Economic Development Advisory Committee includes Coordinating Council member:

To advise and assist the County in maintaining and coordinating the collaborative economic development program a Cowley County Economic Development Advisory Committee shall be appointed. The Advisory Committee shall consist of the members of the Coordinating Council and one representative selected by each participating member organiza-

Entity Representative Appointed By Term

1 Arkansas City Chamber Kammy Downs Arkansas City Chamber No Term Limit

2 Southwestern College Denise Sherman Southwestern College No Term Limit

3 Winfield Chamber Sarah Werner Winfield Chamber No Term Limit

4 USD 465 JK Campbell USD 465 No Term Limit

5 USD 470 Ron Ballard USD 470 No Term Limit

6 Rural-Eastern Cowley County Chris Baker Eastern Communities 2 Yr Term, through 12-31-2018

7 Rural-Northern Cowley County Steve Brown or

Maggie Schoonover

City of Udall 2 Yr Term, through 12-31-2017

8 At-Large Industry/Entrepreneur Greg Thompson Advisory Committee 2 Yr Term, through 12-31-2017

9 At-Large General Member Clayton Biggerstaff Advisory Committee 2 Yr Term, through 12-31-2017

10

At-Large General Member Renee or Darred Price Advisory Committee 2 Yr Term, through 12-31-2018

Cowley First Business Partners

1025 The River

Arkansas City Industries

Columbia Elevators

Community National Bank

Conco Construction

Cowley College

Cowley County Farm Bureau

Four County Mental Health

Creekstone Farms

Galaxy Technologies

GE Aviation

Hospitality Management/Best Western

Jet AirWerks

KanPak

Legacy Foundation

Mahaney Roofing

Morton Buildings

RCB Bank

RPPG, Inc

Rubbermaid

Southern Kansas Telephone

Southwestern College

The Stock Exchange Bank

Twin Rivers Developmental Support

Union State Bank

United Agency

Westar Energy

Western Industries

Highlighted Activities and Events Hosted by Cowley First

Jan 14-Cowley County named Stone Bridge Capital of Ks

Feb 2016-Cowley Works booth and booklet project completed

Feb 24-25 Cowley County Job Fair

March 23-Hosted and organized first Cowley County Youth Entrepreneurship Challenge

March 31-Hosted WSU CMD Inventory and Supply Chain Management Class

May 5-Hosted Violent Intruder Training for over 200 attendees

July 22-23-Hosted barn quilt classes

July 28-Aug 1-Booth at county fair

Aug 4-Sales Tax workshops for contractors and retailers

Oct 4-5-FNF-previou;sy called Reality U- for 500+ sophomores form 11 area high schools

Oct 26 & Nov 2-High School Industry Tours

Nov 18-Cowley First Strategic Planning

2016 Primary Activity Highlights

Business Support

Assistance for local entrepreneurs was provided and promotion of the Cowley County E-Community loan

program. With the loss of the local KSBDC office, we have worked to identify other resource options.

Education to support business growth continued to be important resource consideration. A range of classes

supporting business efforts were offered in 2016 with more to come in 2017.

Promotion of business included creative marketing strategies such as a Back Road dining promotion assisted

rural, small restaurants and businesses. This was very well received by both businesses and communities.

Workforce Retention and Development

Great strides were taken in 2016 with the launch of the Cowley-Works website, social media, trade show

booth and other marketing materials to promote Cowley County as a place to live, work, learn and play. The

website launched late 2015. In 2016 there were 232,988 page views with most popular pages being Jobs #1

and Housing #2. The top audience is from Ark City with 3,992 people and 2,217 from Winfield. We are also

attracting a wider audience with 1,930 from Kansas City and 1,163 from Wichita visiting the website. Local

rentals and jobs are posted-for free-to the website and promoted on social media as well.

Youth Involvement

Cowley First staff is involved in the Work Ethic Program at Ark City, Winfield, Central and Dexter High

Schools; advisory committees for Cowley College, USD 470, 465 and 462 and Ark City’s 21st Century Council.

Cowley First has organized industry and medical tours for high school students and reverse tours taking local

business members to the schools. 2016 marked the first Entrepreneurship Challenge geared towards high

school students with the second annual YEC scheduled for March 15., 2017. Future Finance: Now (previously

-Reality U) has become an annual event with all sophomore students from 11 area high schools participating

in the event that stretches over two days. Youth connections and retention will continue to be a focus for

Cowley First as job shadowing, internships, work ethic and career preparedness remains a topic of discus-

sion and project goals.

Community Support

2016 was a busy year providing a wide range of services and assistance to the communities within Cowley

County. Assistance was provided to three communities exploring and/or submitting CDBG projects ranging

from housing to water/sewer and facilities. While working with the Landlord association and City of Winfield,

the housing rehab grant has been awarded for 2017.

Housing remains on the forefront of everyone’s minds as new ideas are explored from rehab projects to

In-fill housing in addition to development opportunities.

Cowley County was proclaimed the Stone Bridge Capital of Kansas. The county has often been toted as the

capital but the claim is now substantiated allow businesses and tourism attractions to use this fact as a

marketing tool to attract people to the area.

Community

Support

Promoting

Cowley County

Business

Support

Primary Goals Primary Goals Primary Goals

Housing

Vision 20/20

Rural Development Business Retention

Entrepreneurship Marketing

Business Recruitment Tourism Workforce Recruitment

Workforce Development

Business Retention & Support Education on succession planning Provide business resources and education;

i.e., business plans, mentoring, loan funds Assist with incentive & training programs Youth Entrepreneurship Increase involvement in YEC event Help create a toolbox of resources for schools Explore additional YE opportunities Workforce Development Increase awareness of training opportunities Strengthen youth retention ties with schools

& businesses; i.e., internships & shadowing Support ELC efforts at Cowley College to

expand education & training availability to adults with barriers

Business Recruitment Respond to location inquires Maintain list of available buildings and sites Identify quality of life recruitment needs

Rural Community Development

Meet with rural city representatives to identify community’s needs & goals

Research educational opportunities to meet community goals

Serve as a resource center for business and community needs

Housing

Update data from the Housing Study to identify the most needed type of housing & share with key stakeholders

Reconvene Housing Committee to review & discuss options to achievement.

Vision 20/20

Build committee to review the Countywide Strategic Plan

Utilize past survey data to begin considering changes for 2020

Marketing

Promote Cowley County as a great place to live, work and play

Educate public on Cowley First resources & activities

Assist with Cowley County Sesquicentennial

Continue to expand social media presence

Workforce Recruitment & Retention

Expand Cowley-Works for talent recruitment and retention by developing a marketing promotion plan for Cowley-Works website & materials

Make Cowley-Works site mobile friendly

Host job fairs and attend on behalf of employers

Tourism

Assist with County Visitors Guide revision

Utilize materials & websites to promote rural Cowley County tourism initiatives

Cowley First —2017 Program of Work Priorities and Goals

2017 Cowley First Program of Work Projects‐First quarter action items

Workforce

1. Testifying before House Taxation Committee to have Cowley County Designated as a

ROZ County (Rural Opportunity Zone) – offers workforce recruitment incentives

2. Internships/Job Shadowing

a. Cowley First has organized a meeting on Feb 22 with USDs & colleges

i. Identify needs of the potentials interns/job shadowing

ii. Identify what is already being done

iii. Identify gaps

iv. Create a summary of the meeting and outline gaps and action items

1. Action items include a meeting for businesses

2. Provide answers for businesses regarding concerns such as

liabilities

3. Contact businesses currently seeking paid interns and help promote the positions via

Cowley‐Works

4. Support early learning center efforts to expand opportunities for children 0‐5 years of

age

a. Trip to Coffeyville with local group to tour a center

b. Dual purpose to increase child care availability

Business Assistance

1. Cowley First Assistance‐Business Start‐Up and Going

2. How to fill gaps left by KSBDC

a. Training / workshop opportunities

b. Succession Planning

i. What resources do we already have access to?

3. Gather a ‘Brain Trust’ as a sounding board and idea gathering. Meeting Feb 24

4. Small unofficial surveying of new businesses to see what they wish they would have had

help with and what they still need help on.

5. Mentoring/Advising

6. E‐Community Loan Program

a. Present ideas to Coordinating Council to use funds

b. Get EC Fund info to loan officers

Cowley‐Works‐promoting

1. Make website mobile friendly‐summer 2017

2017 Cowley First Program of Work Projects‐First quarter action items

2. Link from other websites to our website

3. Promote Cowley Works and CW materials

Housing

1. Winfield Rental Housing Grant

2. Ark City Housing Projects

3. Cowley First update Housing Study data with assistance of cities

4. Call a Housing Study committee meeting to review updated data‐summer 2017

Upcoming Activities:

Late Feb‐Cowley County Community Guide published

Feb 16‐Coffeyville Early Learning Center Tour

Feb 22‐Meeting of local school districts to discuss internships and job shadow needs/gaps/ideas

Feb 23‐Facilites Maintenance meeting

Feb 24‐Business Assistance ‘Brain Trust’ meeting

March 1‐2 Cowley County Job Fair

March 15‐Youth Entrepreneur Challenge

March 29‐30‐ WSU CMD workshops

March 30‐Businesses meet to discuss internships/job shadowing

April 26‐ ‘Are you a Hobby or Business’ & Tax Workshop

Item for City Commission Action Section VI Item 1


Department/Division City Attorney

Staff Contact Tamara Niles

Title: Consider a Resolution approving an Operating Agreement with Springhill Golf and Recreation Association, Inc. (Voice Vote) Description: On February 20, 2007, the City authorized its current lease for the property with Spring Hill Golf and Recreation Association, a Kansas not-for-profit association independent from the City. This lease expires February 28, 2017. The Lease contains the following core provisions: the City provides up to 12 million gallons of free water for irrigation and club house operations; the City maintains the parking lot; and the Association shall operate a 9-hole golf course on the property. The proposed lease does not change these core provisions, but has been modified in light of recent funding deficiencies faced by Springhill. The City previously maintained a Convention Center Fund for the use and benefit of Spring Hill Golf Course, as referenced in the former Lease. In the past, the City authorized use of this fund on a case-by-case basis for large purchases such as equipment and carts, and these expenditures were returned to the fund by the Association through monthly payments. This fund, which totaled $52,141.66, was paid to the Association in a lump sum to use as needed on January 18, 2013. It appears the fund has been depleted by the Association. On August 15, 2016, during the City Commission hearing to finalize the 2017 budget, the Association notified the City it would shortly default on a loan payment; the City Commission immediately authorized payment from City funds of $3,600 for this purpose and later authorized the City Manager to use City funds to pay the Association’s bills for minimal operations. The proposed lease is now for the term of 1 year (which can be renewed every year for an additional year); states the City will not provide any additional financial support; requires reports to the City Commission semi-annually; and requires Springhill to mow a 30-foot long right of way strip along the railroad tracks bordering the course. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further consideration. 3. Disapprove the Resolution. Fiscal Impact: Amount: Fund: Department: Expense Code:

Included in budget Grant Bonds Other (explain)

Approved for Agenda by:

City Manager

RESOLUTION NO. 2017-02- A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO EXECUTE AGREEMENT WITH SPRINGHILL GOLF AND RECREATION ASSOCIATION, INC. TO OPERATE AND MAINTAIN SPRINGHILL GOLF COURSE WHEREAS, the City of Arkansas City has previously contracted with Springhill Golf and Recreation Association, Inc. to operate and maintain Arkansas City’s Springhill Golf Course; and WHEREAS, the Governing Body desires to continue contracting with Springhill Golf and Recreation Association, Inc. to allow it to continue to manage, operate, and maintain this Municipal golf course. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor of the City of Arkansas City to execute the Arkansas City Municipal Golf Course Operating Agreement. A copy of such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City.

PASSED AND RESOLVED by the Governing Body of the City of Arkansas, Kansas this 21st day of February, 2017. _______________________________________ Duane L. Oestmann, Mayor ATTEST: _____________________________________ Lesley Shook, City Clerk APPROVED AS TO FORM: _____________________________________ Tamara L. Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2017-02-____ of the City of Arkansas City, Kansas adopted by the governing body on February 21, 2017 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

ARKANSAS CITY MUNICIPAL GOLF COURSE OPERATING AGREEMENT

THIS AGREEMENT made and entered into this ___th day of February, 2017, by and between the City of Arkansas City, Kansas, a municipal corporation operating under the laws of the State of Kansas and owner of the Springhill Golf Course and hereinafter referred to as 'City', party of the first part, and the Springhill Golf and Recreation Association, Inc., a non-profit organization in Arkansas City, Kansas, operating under the laws of the State of Kansas and hereinafter referred to as 'Springhill Association', party of the second part. PURPOSE The purpose of this Agreement is to set out the terms and conditions by which the Spring hill Association will manage the grounds and property that are a part of the Springhill Golf Course facility, and also identify the duties and standards by which the Springhill Association will operate, maintain and care for the facility as a municipal golf recreational facility for the use and enjoyment of the citizens of Arkansas City, Cowley County, and other golfing patrons. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY AND THE SPRINGHILL ASSOCIATION AS FOLLOWS: SECTION 1 - PROPERTY AND APPURTENANCES City does hereby confer unto the Springhill Association certain property legally described in Exhibit "A" attached to this Agreement along with all machinery, equipment, supplies, buildings, improvements and appurtenances located thereon, such property and appurtenances being hereinafter referred to as “premises”, for the exclusive use of the Springhill Association in operating the Springhill municipal golf course. SECTION 2 - PAYMENTS AND USE REQUIREMENTS As legal consideration to enter this Agreement, the Springhill Association agrees to pay to the City the sum of one dollar ($1.00) per year, said sum to be paid on or before the 15th day of March of each year that the Agreement is in effect. In addition, the Springhill Association agrees to operate a municipal golf recreational service on the premises and to do so in accordance with standards and practices appropriate for the operation of such a facility. Such facility shall be open for use by the public on a greens fee basis, and to members of the Springhill Association on a membership fee basis. The Springhill Association shall have the right to establish reasonable rules and regulations for the use and operation of the facility, and to take all reasonable and necessary action to manage the facility in an appropriate and prudent fashion. The parties hereto recognize that Springhill Association is independent from the City, and has no ability to bind the City to any third party and the City is not liable for any debts or liabilities of Springhill Association. The Springhill Association shall have the exclusive right to operate a pro shop on the property, such facility to provide collection of greens fees, cart rental fees, the sale of food and beverage, the sale and rental of golf equipment and supplies, and to otherwise carry out any and all commercial ventures incident to and consistent with the operation of a municipal golf course, including the rental of golf cart storage space, the rental of golf carts, the operation of a driving range, and the promotion or sponsorship of golf tournaments. In the operation of the facility, the Springhill Association shall at all times operate in compliance with the laws of the State of Kansas and the ordinances of the City of Arkansas City, including all amendatory and supplemental enactments.

SECTION 3 - TERM AND TERMINATION

This Agreement shall be for a primary term of one (1) year, commencing effective the 1st day of March 2017 and terminating the 28th day of February 2018. The Lease shall be automatically extended by one-year terms, unless either party gives the other notice of termination prior to the extension date. This Agreement may be terminated by either party for failure to perform according to the terms and conditions hereof upon delivery of written notice to the other party. In such case, the Agreement will terminate within thirty (30) days of the date of delivery unless other terms are negotiated by the parties.

SECTION 4 - FACILITY MAINTENANCE

The Springhill Association agrees to provide maintenance for the course in a good and workmanlike manner and, at the termination of the Agreement, to return the premises to the City in the same or better condition as it was on the effective date of this Agreement. The Springhill Association shall maintain the grounds, buildings, facilities and equipment in good and serviceable condition in accordance with reasonable and prudent use of the revenues and resources available to it. The Springhill Association agrees to furnish at its own cost and expense all materials, supplies, equipment, including chemicals, fertilizers, seed, peat moss, and any other materials and supplies necessary for the proper operation and maintenance of the golf course, including buildings, grounds and other facilities. The Springhill Association agrees that it shall operate the golf course without any additional financial assistance from the City. Should Springhill Association notify the City it is unable to meet its financial obligations and/or should it request additional financial assistance from the City, this shall be considered a failure to perform according to the terms and conditions hereof.

The City agrees to maintain the roads and the parking area on the course subject to requests and coordination with the Springhill Association.

The City agrees that it will maintain the water line to the pro shop building located on the premises as well as the water lines located upon the golf course greens and fairways up to but not including the sprinkler heads. The Springhill Association shall furnish and replace all damaged sprinkler heads located on the course and will do so in a timely fashion. The Springhill Association agrees not to alter or change any water lines without the express consent of the City and to submit all such proposals to the City Manager and the Environmental Superintendent for review and approval. SECTION 5 - PROVISION OF WATER TO THE SPRINGHILL GOLF COURSE The City shall furnish water to the Springhill Association without cost in an annual quantity not to exceed twelve (12) million gallons. Water used by the Springhill Association in excess of that quantity shall be charged to the Springhill Association according to standard billing schedules for water services within the City. All other utility costs to the premises are to be paid by the Springhill Association. The Springhill Association acknowledges the City's right to govern the use of water by any of its customers including the right of the City to limit or stop use of water for outside irrigation during times of severe water shortage or service outages. In this regard, the Springhill Association will comply with all City orders regarding cessation of use as directed by the City Manager or Environmental Superintendent. The Springhill Association expressly agrees that it will comply with the City's water conservation policy in this regard. SECTION 6 - MAINTENANCE AND FACILITY EQUIPMENT It is understood and agreed that the City owns all of the materials, machinery, and equipment located on the premises except for equipment that is owned by others and leased to the Springhill Association for use on the course. The Springhill Association may utilize any such equipment and add to or dispose of equipment items as are necessary and appropriate in the operation of the course. Nothing in this Agreement should be construed as conveying title to any materials or equipment to the Association. It is anticipated that the Springhill Association will invest funds in the operation and maintenance of machinery over the term of this Agreement, as well as add additional items of inventory of machinery and equipment. In addition, the City agrees to

cooperate with the Springhill Association entering Lease Purchase Agreements as authorized by Kansas law pertaining to municipalities and as additional legal consideration for the City consummating such financial transactions, Springhill Association agrees to hold harmless, indemnify and defend the City from all claims, judgments, damages, penalties, fines, costs, liabilities or losses, including attorneys fees, consultants fees, and/or experts fees, directly or indirectly resulting from such financial activities carried out by the City for the benefit of the Springhill Association. At such point in time as the Agreement should terminate, all such machinery, equipment and/or leased personalty shall be deemed to be the property of the City, except for the value of any liens, leases, or mortgages on such equipment, machinery or personalty by third parties. SECTION 7 - LIABILITY INSURANCE The Springhill Association agrees that during the term of this Agreement, including any extension of the Agreement, to furnish and keep in force a standard liability insurance policy, with a reputable company authorized and approved by the State of Kansas to provide such insurance within the state, in an amount of at least $500,000 single limit coverage for each incident and party. Such policy shall indemnify the City and Springhill Association from any loss, injury, or damage which may be sustained by reason of the operation of the golf course or other commercial operations of the Springhill Association. The Springhill Association shall provide the City with a current certificate evidencing that such insurance is in force and that the City is named as an additional insured on the policy. Such certificate shall be annually provided to the City Clerk and to the City Attorney for review and approval. SECTION 8 - NON-DISCRIMINATION The Springhill Association agrees that at no time shall there be any discrimination against any individual patron of the course or other persons on the basis of race, color, religion, sex, age, national origin or disability in the use of the golf course or the services provided by the Springhill Association on the premises. The Springhill Association shall have the right to control the activity of its patrons on the course, to maintain proper conduct and to protect the facility, equipment, and rights of other patrons, provided that in so doing it shall do so in an equal and non-discriminatory fashion. SECTION 9 - RIGHT TO SUBLEASE LIMITED The Springhill Association shall have no right to sublet or lease portions of the premises during the term of this Agreement without the express written consent of the City, provided that the Springhill Association shall have the right to rent cart storage spaces and the right to authorize persons or groups to hold tournaments or conduct special events on the course or to utilize portions of the course for special events in return for rental or concession revenues or other considerations to the Springhill Association. SECTION 10 - MINERAL RIGHTS The Springhill Association shall have no right to any lease money for mineral rights removed from the premises, including revenues from the sale of stone, gravel, oil, gas, or other minerals. The City shall have the exclusive right to make and terminate all such mineral or mining leases from the premises and all revenues derived from such leases shall be the property of the City. SECTION 11 - REPORTS AND RECORDS It is agreed that the City and Springhill Association shall meet to review the performance of the golf course not less often than semi-annually. As a part of this Agreement, the Springhill Association shall provide to the City a record of its income, expenditures, annual water usage and assets. The Springhill Association agrees to keep accurate records, books and accounts. The City, at any time, shall have the right to examine the books and records of the Springhill Association, and to otherwise determine the accuracy of it accounts. Also, the City

may require such records to be audited as a part of the City's annual City audit, or by special audit, if it so chooses The Springhill Association shall regularly provide to the City a copy of the minutes of its meetings. SECTION 12 - FINANCIAL SUPPORT The City will not provide financial support to the Association to assist the Springhill Association in its operation of the facility. SECTION 13 - CONSTRUCTION OF BUILDINGS ON PREMISES The Springhill Association agrees that it will not construct any building or other structure, nor move any building, structure, or mobile home onto the premises without the express written consent of the City, which consent shall not be unreasonably withheld. SECTION 14 - RIGHT TO USE CITY PARKING LOT The City shall provide the Springhill Association with a non-exclusive right to utilize the City parking lot located to the west of the pro shop building. This parking lot will be maintained by the City. The parking lot is shared by patrons of the VFW whose building lies to the north of the parking lot. Both the patrons of the Springhill Golf Course and the VFW club shall have a non-exclusive right to utilize the parking on a first come, first serve basis. It is understood that patrons of the Springhill Association shall have the right to park both vehicles and cart trailers in the parking lot, provided that no patron of either the VFW or the Springhill Association shall have the right to park overnight on the lot. SECTION 15 - EFFECTIVE AGREEMENT This shall be the sole and only Agreement between the City and the Springhill Association regarding the premises and other contents addressed by the terms of this Agreement. SECTION 16 - BINDING EFFECT This Agreement shall be binding upon the heirs, successors and assigns of the City and the Springhill Association. IN WITNESS WHEREOF, the City and the Springhill Association have hereby caused the signatures of their representatives to be affixed to this Agreement on the date first written above and do hereby pledge their full faith and effort to the performance of the terms and conditions of this Agreement. CITY OF ARKANSAS CITY _________________________________ Duane L. Oestmann, Mayor ATTEST: ______________________________________ Lesley Shook, City Clerk

SPRINGHILL GOLF AND RECREATION ASSOCIATION, INC.

________________________________ President ATTEST: ________________________________________ Secretary

EXHIBIT A

LEGAL DESCRIPTION Beginning 1,240 feet South and 255 feet East of the Northwest corner of Section 18, Township 34 South, Range 4 East of the 6th P.M., Cowley County, Kansas; thence East 1,068 feet; thence South 936 feet; thence Southeasterly 1,109.6 feet to the center of Section 18, Township 34 South, Range 4 East; thence Northeasterly 900 feet to a point 565.7 feet North and 700 feet East of the center of Section 18, Township 34 South, Range 4 East; thence Northwesterly 1,100 feet to a point 350 feet East and 1,608.5 feet North of the center of Section 18, Township 34 South, Range 4 East; thence Northwesterly 300 feet to a point 60 feet east and 1,685.3 feet North of the center of Section 18, Township 34 South, Range 4 East; thence Northwesterly 350 feet to a point 666.35 fee South of the Northeast corner of the Northwest Quarter of Section 18, Township 34 South, Range 4 East; thence Northwesterly 550.1 feet to a point 450 feet West and 350 feet South of the Northeast corner of the Northwest Quarter Section 18, Township 34 South, Range 4 East; thence North 350 feet to the North line of Section 18, Township 34 South, Range 4 East; thence West 500 feet along the North line of Section 18, Township 34 South, Range 4 East; thence Southwesterly to a point 770 feet South and 250 feet East of Section 18, Township 34 South, Range 4 East; thence South 190 feet; thence East 85 feet; thence South 110 feet; thence West 80 feet; thence South 170 feet to the point of beginning, more commonly known as 3200 Block of North Summit Street, Arkansas City, Cowley County, Kansas.





Title: Consider second reading of an Ordinance modifying the Municipal Code of the City of Arkansas City Section 58-24, regarding illegal registration, illegal out-of-state tag. (Roll Call Vote) Description: Kansas law requires vehicles operated within this State be registered within this State, but many Arkansas City residents illegally register their vehicles in Oklahoma to avoid Kansas property tax. While the City has currently adopted Kansas statute by reference to allow prosecution of illegal registration in Arkansas City Municipal Court, the proposed Ordinance incorporates all of the relevant statutes and provides clear notice regarding who is required to register their vehicles in Kansas, and notifies those people that operating an illegally-registered vehicle will result in a Municipal Court prosecution. Generally, the following people are required to register their vehicles in Kansas:

1. the owner or driver is registered to vote in Kansas; 2. the owner or driver maintains an office within Kansas to lease or rent motor vehicles, if such motor

vehicles are operated within the state for a period exceeding 60 days; 3. the owner or driver, other than a student, owns, leases or rents a place of domicile within Kansas and

remains in the state for a period exceeding 90 days, except for infrequent or brief absences; 4. the owner or driver enrolls the person's child in a school district, all or any part of which is located in

Kansas, unless out-of-state tuition is being charged for the attendance of the child at school in such school district;

5. the owner or driver has a place of domicile in Kansas and has accepted employment or engages in any trade, profession or occupation (including agricultural) within this state;

6. the owner or driver maintains a main or branch office or warehouse facility within Kansas or bases and operates motor vehicles in such state, if such motor vehicles are garaged in such state for a period exceeding 90 days; or

7. the owner or driver operates motor vehicles in intrastate haulage in Kansas, if such motor vehicles are garaged in this state for a period exceeding 90 days.

The goal of this Ordinance is to encourage people to properly register their vehicles, not to prosecute. Therefore, we anticipate we will publicize these requirements and provide advance notice that we will begin prosecuting, to allow sufficient time to properly register vehicles before issuing any citations. Commission Options: 1. Approve the Ordinance on second reading. 2. Table the Ordinance for further consideration. 3. Disapprove the Ordinance. Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

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(First Published in the Cowley CourierTraveler, _______________2017)

ORDINANCE NO. 2017-___-______

AN ORDINANCE MODIFYING THE MUNICIPAL CODE OF THE CITY OF ARKANSAS CITY SECTION 58-24, REGARDING ILLEGAL REGISTRATION, ILLEGAL OUT-OF-STATE TAG. WHEREAS, current Municipal Code prohibits persons from operating a vehicle with an illegal out-of-state license plate; and WHEREAS, this is a systemic problem in Arkansas City, as the State of Oklahoma routinely issues license plates to Arkansas City citizens and/or those who are required to register their vehicles in the State of Kansas, for a significantly reduced rate than imposed by the State of Kansas; and WHEREAS, Kansas law, through various statutes including Kan. Stat. Ann. 8-127 et seq, 8-138a, 8-1,138, lays out who must register their vehicles within the state of Kansas; and WHEREAS, the Governing Body desires to amend Municipal Code to provide a clear framework for who must register these vehicles in the state of Kansas under state law, and thereby provide a clear vehicle for enforcement in Arkansas City Municipal Court. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: AMENDMENT TO MUNICIPAL CODE. The Governing Body of the City of Arkansas City hereby amends Section 58-24 of the Arkansas City Municipal Code to read as follows (deleted provisions struck through, new provisions in italics):

Sec. 58-24. - Section 198 of the Standard Traffic Ordinance amended; Vehicle license, illegal tags, illegal out-of-state tag.

(a) It shall be unlawful for any person to:

(1) Operate, or for the owner thereof knowingly to permit the operation, upon a highway of any vehicle which is not registered, or for which a certificate of title has not been issued or which does not have attached thereto and displayed thereon the license plate or plates assigned thereto by the state division of vehicles department of revenue for the current registration year, including any registration decal required to be affixed to any such license plate pursuant to K.S.A. 8-134, and amendments thereto, subject to the exemptions allowed in K.S.A. 8-135, and 8-198, and 8-1751a. and amendments thereto. A violation of this subsection (1) by a person unlawfully claiming that a motor vehicle is exempt from registration as a self-propelled crane under K.S.A. 8-128(b) and amendments thereto, shall constitute a violation punishable by a fine of not less than $500. A person shall not be charged with a violation of this subsection (1) for failing to display a registration decal on any vehicle except those included under K.S.A. 8-1,101 and K.S.A. Supp. 8-143m and 8-1,152, and amendments thereto, up to and including the 10th day following the expiration of the registration if the person is able to produce a printed payment receipt or electronic payment receipt from an online electronic payment processing system for the current 12-month registration period. Any charge for failing to display a registration decal up to and including the 10th day following the expiration of the registration shall be dismissed if the person produces in court a registration receipt for the current 12-month registration period which was valid at the time of arrest.

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(2) Display or cause or permit to be displayed, or to have in possession, any registration receipt, certificate of title, registration license plate, registration decal, accessible parking placard or accessible parking identification card knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this subsection (2) shall constitute an ordinance violation punishable by a fine of not less than $100 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection (2). This subsection (2) shall not apply to the possession of: (A) Model year license plates displayed on antique vehicles as allowed under K.S.A. 8-172, and amendments thereto; or (B) Distinctive license plates allowed under K.S.A. 8-1,147, and amendments thereto.

(3) Lend to or knowingly permit the use by one not entitled thereto any registration receipt, certificate of title, registration license plate or registration decal issued to the person so lending or permitting the use thereof.

(4) Remove, conceal, alter, mark or deface the license number plate or plates or any other mark of identification upon any vehicle. License plates shall be kept clean and they shall be placed on all vehicles within the city as required by law so as to be plainly legible.

(5) Carry or display a registered number plate or plates or registration decal upon any vehicle not lawfully issued for such vehicle.

(6) Drive a vehicle required to be registered in the State of Kansas¸ but registered in another state, as follows: Violate the registration provisions for state residents and motor vehicles as contained in K.S.A. 8-1,138 (Illegal Out-of-State Registration).

(i) As required by Kan. Stat. Ann. 8-127, every owner of a motor vehicle, motorized bicycle, trailer or semitrailer (collectively “vehicle”) intended to be operated upon any highway in this state, whether such owner is a resident of this state or another state, or such vehicle is based in this state or another state, before any such vehicle is operated in this state, shall apply for and obtain registration in this state unless specifically excepted by law.

(ii) The following shall be prima facie evidence that a vehicle requires registration in this state:

(a) the vehicle is operated in this state; and (b) one or more of the following applies:

1. the address on the current registration is a Kansas address; 2. the owner or driver is registered to vote in Kansas; 3. the owner or driver maintains an office within Kansas to lease or rent motor

vehicles, if such motor vehicles are operated within the state for a period exceeding 60 days;

4. the owner or driver, other than a student, owns, leases or rents a place of domicile within Kansas and remains in the state for a period exceeding 90 days, except for infrequent or brief absences;

5. the owner or driver enrolls the person's child in a school district, all or any part of which is located in Kansas, unless out-of-state tuition is being charged for the attendance of the child at school in such school district;

6. the owner or driver has a place of domicile in Kansas and has accepted employment or engages in any trade, profession or occupation (including agricultural) within this state;

7. the owner or driver maintains a main or branch office or warehouse facility within Kansas or bases and operates motor vehicles in such state, if such motor vehicles are garaged in such state for a period exceeding 90 days; or

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8. the owner or driver operates motor vehicles in intrastate haulage in Kansas, if such motor vehicles are garaged in this state for a period exceeding 90 days.

(iii) If the City establishes prima facie evidence that the vehicle requires registration in this state, the defendant may rebut the presumption that the vehicle requires registration by showing the application of an exception, such as:

(a) the owner or primary driver is a student who is enrolled for at least nine hours of credit at a college or university in this state, if the student has a domicile in another state and has a valid driver's license and vehicle registration issued by the state of domicile;

(b) the owner is a member of the armed forces who is stationed in this state, provided such member’s vehicles are properly registered in such member’s state of residence;

(c) statutory and/or case law proof that the vehicle is required by law to be registered in another state; or

(d) the vehicle is owned by a nonresident of this state, and it is operated primarily for the transportation of the owner or the owner and one or more nonpaying passengers.

(b) Any person violating subsections (a)(1), (a)(2) or (a)(3) shall be punished by a fine not exceeding $2,500, or by imprisonment for not less than 30 days nor more than six months, or by both such fine and imprisonment. Any person violating subsections (a)(4), (a)(5) or (a)(6) shall be punished as provided in section 201(d) of this ordinance.

SECTION TWO: PUBLICATION; EFFECTIVE DATE. This ordinance, or a summary thereof, shall be published one time in the official city newspaper, and shall take effect and be in force from and after said publication.

PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas this ____ day of _______________________, 2017.

__________________________________ Duane L. Oestmann, Mayor ATTEST: _____________________________________ Lesley Shook, City Clerk DRAFTED AND APPROVED AS TO FORM: _____________________________________ Tamara L. Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 2017-0___-___ of the City of Arkansas City, Kansas adopted by the City Commission on ____________________, 2017 as the same appears of record in my office.

DATED: _________________. Lesley Shook, City Clerk

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CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 2017-0___-___ of the City of Arkansas City, Kansas adopted by the City Commission on ____________________, 2017 as the same appears of record in my office.

DATED: _________________. Lesley Shook, City Clerk



Department/Division City Manager / Public Works

Staff Contacts Andrew Lawson / Mike Crandall

Title: Ratify Mayor Duane Oestmann’s appointments to the 2017 Capital Improvement Planning Committee. (Voice Vote)

Description: The following Arkansas City residents have expressed interest in being appointed to the 2017 CIP Committee:

Employment Other Board Positions

Jereldine Barnes David Coberley Melinda Cushenberry MidAmerican Credit Union Chris Dancy Retired Citizens Advisory Council Gary Hale Cowley College Northwest Community Center Advisory Board Barbara Hernandez Doris Herrera Jeni McGee Ark City Daily Bytes Jean Phillips Dennis Rittle Cowley College Outstanding Young Student Award Committee Scott Rogers Rogers Family Dentistry Planning Commission / Board of Zoning Appeals E.W. “Bud” Shelton Kathy Sparks The Property Shop John Sturd RCB Bank

Commissioners may feel free to appoint as few or as many of these individuals as they see fit. The CIP Committee has no defined size, although steering committees of around 7-9 people tend to function best. The current idea is for 6-7 staff members to serve on the CIP Committee, likely including the City Planner, Finance Director, Public Works Director, Fire Chief, Police Chief, and Parks and Facilities Superintendent. Staff thus recommends appointing a minimum of 5-6 Arkansas City residents to counterbalance those staff members and provide adequate citizen representation. Unless a majority of those appointed have a scheduling conflict, staff tentatively plans to have the first CIP Committee meeting and orientation session at 5:30 p.m. Wednesday, March 1, 2017. Meetings likely will follow every two weeks or so through April or until the process is completed, whichever occurs first.

Commission Options: 1. Ratify the appointments. 2. Disapprove the appointments.



City Manager

Item for City Commission Action Section VII Item 1


Department/Division Public Works Department

Staff Contact Eric Broce

Title: Consider a Resolution authorizing the City of Arkansas City to enter into a contract agreement with Burns & McDonnell Engineering Company, Inc. to evaluate the available water rights within the existing well field, identify potential for securing additional water supply and assist with application for new water rights from the Division of Water Resources for an amount not to exceed $85,698.00. (Voice Vote) Description: The proposed contract agreement is the second phase of a two (2) phased approach allowing Burns & McDonnell to assist the City in the development of additional water rights. The first phase was a high level review of the existing water rights and the availability of additional groundwater supply in the surrounding area of the existing Well Field. This second phase would include field services to obtain the necessary data and justification required by the Division of Water Resources to request additional water rights supported by induced infiltration within the existing Well Field. Commission Options: 1. Approve the Resolution 2. Table the Resolution for further consideration 3. Disapprove the Resolution Fiscal Impact: Amount: $85,698.00

Fund: 16 (Water) Department: 651 (Treatment) Expense Code: 6214 (Professional Services)


City Manager

RESOLUTION NO. 2017-02 A RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO A CONTRACT AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. TO EVALUATE THE AVAILABLE WATER RIGHTS WITHIN THE EXISTING WELL FIELD, IDENTIFY POTENTIAL FOR SECURING ADDITIONAL WATER SUPPLY AND ASSIST WITH APPLICATION FOR NEW WATER RIGHTS FROM THE DIVISION OF WATER RESOURCES FOR AN AMOUNT NOT TO EXCEED $85,698.00. WHEREAS, the City of Arkansas City seeks to increase its available water supply in cost-affordable manner in preparation for the construction of a proposed new Water Treatment Facility; and WHEREAS, Burns & McDonnell Engineering Company, Inc. is confident additional water supply may be obtained from the City’s existing water sources in the Arkansas River alluvium; and WHEREAS, the City also seeks to develop a work plan to guide it toward development of additional sources of water supply. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City hereby authorizes the City to enter into a contract agreement with Burns & McDonnell Engineering Company, Inc. to evaluate the available water rights within the existing well field, identify potential for securing additional water supply and assist with application for new water rights from the Division of Water Resources for an amount not to exceed $85,698.00. Such Agreement is attached hereto and incorporated herein by reference. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. ADOPTED AND APPROVED by the Governing Body of the City of Arkansas City, Kansas on February 21, 2017. (Seal) Duane L. Oestmann, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM. Tamara Niles, City Attorney

CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2017-02-____ of the City of Arkansas City, Kansas adopted by the Governing Body on February 21, 2017 as the same appears of record in my office. DATED: _________________ Lesley Shook, City Clerk

BURNS MCDONNELL

LETTER AGREEMENT FOR PROFESSIONAL SERVICES

February 14, 2017

Mr. Nick Hernandez City ManagerCity of Arkansas City, Kansas,City Hall118 W. Central Ave.Arkansas City, Kansas 67005

Re: Professional Engineering Services for Water Rights Evaluation

Dear Mr. Hernandez,

In accordance with your request, we are pleased to submit our letter agreement for professional engineering services on the referenced Project as follows. If acceptable, please sign where indicated and return a fully executed copy to the undersigned. Any changes you make are subject to our acceptance in writing. For purposed of this Agreement, City of Arkansas City, Kansas, is hereafter referred to as the CLIENT and Burns & McDonnell Engineering Company, Inc. is hereafter referred to as the CONSULTANT.

PROJECT:

CLIENT requests CONSULTANT to provide Professional Services as set out in this Letter Agreement on the following Project.

A. Evaluate the available water rights and supply and identify potential for securing additional supply.

SCOPE OF SERVICES:

The Services to be provided by CONSULTANT for CLIENT are as follows:

A. Hydrogeologic Investigation

1. Meet with City staff, conduct a field visit to north wellfield, review site access for drilling activity, and select monitoring well sites.

2. Coordinate with City staff and Water Well Contractor for access, drilling, and pumping test dates.

3. Geologic logging of soils, materials, and well completion details for up to six (6) boreholes and monitoring well installations.

4. Monitoring of groundwater levels throughout a 72-hour pumping test at the six (6) installed monitoring well locations utilizing of transducers with data logging capability.

5. Coordination of monitoring well abandonment after the completion of the testing.

B. Data Analysis and Review

1. Download information and review water level results from 72-hour pumping test.

2. Analyze relationship of pumping well and monitoring wells to river conditions and infiltration.

3. Determine the ratio of potential surface water to groundwater capture for the selected pumping well based on the test data.

C. Additional Water Rights Potential Evaluation

City of Arkansas City, Kansas,February 14, 2017Page 2 of 3

1. Determine the ratio of potential surface water to groundwater capture for the remaining municipal wells in the wellfield, based on the distance to the river and induced infiltration contribution.

2. Analyze historic river flow frequencies where additional water resources may be deemed eligible for capture in excess of current permitted groundwater withdrawals.

3. Meet with the Department of Water Resources (DWR) to review the results of the hydrogeologic investigation, data analysis, and to finalize the framework of the new water rights applications.

4. Provide a technical memorandum summarizing the findings of data acquisition, research, regulatory framework, and new water rights potential.

5. Assist with completion of new water right application form based on the identified new water rights potential.

RESPONSIBILITIES OF CLIENT:

CLIENT shall provide the following:

A. Assistance by placing at CONSULTANT’S disposal all available information pertinent to the Scope ofServices on this Project, including previous reports and any other data relative thereto.CONSULTANT shall rely on information made available by CLIENT as accurate without independentverification.

COMPENSATION:

A. Amount of Payment

1. For Services performed, CLIENT shall pay CONSULTANT as follows:

a. For time spent by personnel, payment at the hourly rates indicated in the attached "Schedule of Hourly Professional Service Billing Rates" Form BMR917. Such rates include overhead and profit. The rate schedule is effective to December 31, 2017, and will be adjusted annually thereafter.

b. For photocopy, telephone, fax, normal computer usage and computer-aided drafting (CAD), and mail, a technology charge per labor hour as specified on the rate schedule in effect at the time the Service is provided.

c. For expenses incurred by CONSULTANT, such as authorized travel and subsistence, including airfare, food, lodging, automobile rental, commercial services, and incidental expenses, the cost to CONSULTANT plus ten percent (10%).

d. For reproduction, company vehicle usage, and testing apparatus, amounts will be charged according to the CONSULTANT'S standard rates in effect at the time the Service is provided.

e. For Services rendered by other firms or individuals as subcontractors to CONSULTANT, including but not limited to surveying, real property descriptions, soil borings, subsurface investigations, laboratory testing, field quality control tests, environmental data base search, photos, or other activities required or requested by CLIENT, the same will be billed at the cost to CONSULTANT plus ten percent (10%). Expenses incurred by such outside consultants in service to CLIENT shall be reimbursable in accordance with 1.c. above.

BURNS MSDONNELL

ARK CITY WATER RIGHTS.AE-7 12-19-2013

City of Arkansas City, Kansas,February 14, 2017 Page 3 of 3

2. Taxes: Any sales or use taxes, or their equivalent, imposed by state, local or other authorities shall be in addition to the compensation stated under "Amount of Payment."

3. Total payment for the Scope of Services described herein is not to exceed sixty-four thousand fifty-three Dollars ($64,053.00), which amount shall not be exceeded without prior written consent of CLIENT.

4. Statements:

a. Monthly statements shall be submitted by CONSULTANT to CLIENT covering Services performed and expenses incurred during preceding month.

b. Statements will set forth: hours worked by each person, total hours worked and total labor billing, and a summary of expenses and charges. Upon request, documentation of reimbursable expenses included in the statement will be provided.

TERMS AND CONDITIONS:

The attached Terms and Conditions for Professional Services is incorporated and made a part of this Agreement.

We appreciate the opportunity to present this Proposal. If it is acceptable, please sign and return one copy

BURNS MSDONNELL

Enclosures:

Schedule of Hourly Professional Service Billing Rates Terms and Conditions for Professional Services

ACCEPTED:

CITY OF ARKANSAS CITY, KANSAS,

By:_______________________________________________

Title:_____________________________________________

Date:_____________________________________________

ARK CITY WATER RIGHTS.AE-7 12-19-2013

Schedule of Hourly Professional Service Billing Rates

PositionClassification

ClassificationLevel

Hourly Billing Rate

General Office * 5 $61.00

Technician * 6 76.00

Assistant * 7 87.008 116.009 139.00

Staff* 10 157.0011 171.00

Senior 12 190.0013 211.00

Associate 14 220.0015 230.0016 234.0017 237.00

NOTES:

1. Position classifications listed above refer to the firm's internal classification system for employee compensation.For example, "Associate", "Senior", etc., refer to such positions as "Associate Engineer", "Senior Architect", etc.

2. For any nonexempt personnel in positions marked with an asterisk (*), overtime will be billed at 1.5 times the hourly labor billing rates shown.

3. Project time spent by corporate officers will be billed at the Level 17 rate plus 25 percent.

4. For outside expenses incurred by Burns & McDonnell, such as authorized travel and subsistence, and for services rendered by others such as subcontractors, the client shall pay the cost to Burns & McDonnell plus 10%.

5. A technology charge of $9.95 per labor hour will be billed for normal computer usage, computer aided drafting (CAD) long distance telephone, fax, photocopy and mail services. Specialty items (such as web and video conferencing) are not included in the technology charge.

6. Monthly invoices will be submitted for payment covering services and expenses during the preceding month.Invoices are due upon receipt. A late payment charge of 1.5% per month will be added to all amounts not paid within 30 days of the invoice date.

7. The services of contract/agency and/or any personnel of a Burns & McDonnell subsidiary or affiliate shall be billed to Owner according to the rate sheet as if such personnel is a direct employee of Burns & McDonnell.

8. The rates shown above are effective for services through December 31,2017, and are subject to revision thereafter.

Form BMR917

BURNSVVMSDONNELL

TERMS AND CONDITIONS FOR PROFESSIONAL SERVICESProject:Water Rights Evaluation

Date of Letter, Proposal, or Agreement:February 14, 2017

Client:City of Arkansas City, Kansas

Client Signature:

1. SCOPE OF SERVICESFor the above-referenced Project, Burns & McDonnell Engineering Company, Inc, (BMcD) will perform the services set forth in the above- referenced Letter, Proposal, or Agreement, in accordance with these Terms and Conditions. BMcD has relied upon the information provided by Client in the preparation of the Proposal, and shall rely on the information provided by or through Client during the execution of this Project as complete and accurate without independent verification.

2. PAYMENTS TO BMCDA. Compensation will be as stated in the above-referenced Letter, Proposal, or Agreement. Statements will be in BMcD's standard format and are payable upon receipt. Time is of the essence in payment of statements, and timely payment is a material part of the consideration of this Agreement. A late payment charge will be added to all amounts not paid within 30 days of statement date and shall be calculated at 1.5 percent per month from statement date. Client shall reimburse any costs incurred by BMcD in collecting any delinquent amount, including reasonable attorney’s fees. If a portion of BMcD's statement is disputed, Client shall pay the undisputed portion by the due date. Client shall advise BMcD in writing of the basis for any disputed portion of any statement.

B. Taxes as may be imposed on professional consulting services by state or local authorities shall be in addition to the payment stated in the above-referenced Letter, Proposal, or Agreement.

3. INSURANCEA. During the course of performance of its services, BMcD will maintain Worker's Compensation insurance with limits as required by statute, Employer's Liability insurance with limits of $1,000,000, and Commercial General Liability and Automobile Liability insurance each with combined single limits of $1,000,000.

B. If the Project involves on-site construction, construction contractors shall be required to provide (or Client may provide) Owner's Protective Liability Insurance naming Client as a Named Insured and BMcD as an Additional Insured or to endorse Client and BMcD using ISO form CG 20 10 11 85 endorsement or its equivalent as Additional Insureds on all construction contractor's liability insurance policies covering claims for personal injuries and property damage in at least the amounts required of BMcD in 3A above. Construction contractors shall be required to provide certificates evidencing such insurance to Client and BMcD. Contractor’s compensation shall include the cost of such insurance including coverage for contractual and indemnification obligations herein.

C. Client and BMcD release each other and waive all rights of subrogation against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of BMcD's services. A provision similar to this shall be incorporated into all construction contracts entered into by Client, and all construction contractors shall be required to provide waivers of subrogation in favor of Client and BMcD for damage covered by any construction contractor's property insurance.

4. INDEMNIFICATIONA. To the extent allowed by law, Client will require all construction contractors to indemnify, defend, and hold harmless Client and BMcD from any and all loss where loss is caused or alleged to be caused in whole or in part by the construction contractors, their employees, agents, subcontractors or suppliers.

B. If this Project involves construction and BMcD does not provide consulting services during construction including, but not limited to, onsite monitoring, site visits, site observation, shop drawing review, and/or design clarifications, Client agrees to indemnify and hold harmless AE-4 KCO T&C

BMcD from any liability arising from this Project or Agreement, except to the extent caused by BMcD’s negligence.

5. PROFESSIONAL RESPONSIBILITY- LIMITATION OF REMEDIESA. BMcD will exercise reasonable skill, care, and diligence in the performance of its services and will carry out its responsibilities in accordance with customarily accepted professional practices. If BMcD fails to meet the foregoing standard, BMcD will perform at its own cost, the professional services necessary to correct errors and omissions reported to BMcD in writing within one year from the completion of BMcD's services for the Project. No warranty, express or implied, is included in this Agreement or regarding any drawing, specification, or other work product or instrument of service.

B. In no event will BMcD be liable for any special, indirect, or consequential damages including, without limitation, damages or losses in the nature of increased Project costs, loss of revenue or profit, lost production, claims by customers of Client, and/or governmental fines or penalties.

C. BMcD's aggregate liability for all damages connected with its services for the Project not excluded by the preceding subparagraph, whether or not covered by BMcD’s insurance, will not exceed $100,000.

D. These mutually negotiated obligations and remedies stated in this Paragraph 5, Professional Responsibility - Limitation of Remedies, are the sole and exclusive obligations of BMcD and remedies of Client, whether liability of BMcD is based on contract, warranty, strict liability, tort (including negligence), indemnity, or otherwise.

6. PERIOD OF SERVICE AND SCHEDULEThe provisions of this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the services stated in the Proposal. BMcD's obligation to render services hereunder will extend for a period that may reasonably be required for the completion of said services. BMcD shall make reasonable efforts to comply with deliverable schedules (if any) and consistent with BMcD's professional responsibility.

7. COMPUTER PROGRAMS OR MODELSAny use, development, modification, or integration by BMcD of computer models or programs does not constitute ownership or a license to Client to use or modify such computer models or programs.

8. ELECTRONIC MEDIA AND DATA TRANSMISSIONSA. Any electronic media (computer disks, tapes, etc.) or data transmissions furnished (including Project Web Sites or CAD file transmissions) are for Client information and convenience only. Such media or transmissions are not to be considered part of BMcD's instruments of service. BMcD, at its option, may remove all indicia of its ownership and involvement from each electronic display.

B. BMcD shall not be liable for loss or damage directly or indirectly, arising out of Client's use of electronic media or data transmissions.

9. DOCUMENTSA. All documents prepared by BMcD pursuant to this Agreement are instruments of service in respect of the Project specified herein. They are not intended or represented to be suitable for reuse by Client or others in extensions of the Project beyond that now contemplated or on any other Project. Any reuse, extension, or completion by Client or others without written verification, adaptation, and permission by BMcD for the specific purpose intended will be at Client’s sole risk and without liability or legal exposure to BMcD.

B. In the event that BMcD is to reuse, copy or adapt all or portions of reports, plans, or specifications prepared by others, Client represents that Client either possesses or will obtain permission and necessary

12/19/2013

rights in copyright, patents, or other proprietary rights and will be responsible for any infringement claims by others. Client warrants the completeness, accuracy, and efficacy of the information, data, and design provided by or through Client (including prepared for Client by others), for which BMcD shall rely on to perform and complete its services.

10. ESTIMATES, SCHEDULES, FORECASTS, AND PROJECTIONSEstimates, schedules, forecasts, and projections prepared by BMcD relating to loads, interest rates and other financial analysis parameters, construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are opinions based on BMcD’s experience, qualifications, and judgment as a professional. Since BMcD has no control over weather, cost and availability of labor, cost and availability of material and equipment, cost of fuel or other utilities, labor productivity, construction contractor’s procedures and methods, unavoidable delays, construction contractor's methods of determining prices, economic conditions, government regulations and laws (including the interpretation thereof), competitive bidding or market conditions, and other factors affecting such estimates or projections, BMcD does not guarantee that actual rates, costs, quantities, performance, schedules, etc., will not vary significantly from estimates and projections prepared by BMcD.

11. POLLUTIONIn view of the uncertainty involved in investigating and recommending solutions to environmental problems and the abnormal degree of risk of claims imposed upon BMcD in performing such services, notwithstanding the responsibility of BMcD set forth in Paragraph 5A to the maximum extent allowed by law, Client agrees to release, defend, indemnify and hold harmless BMcD and its officers, directors, employees, agents, consultants and subcontractors from ail liability, claims, demands, damages, losses, and expenses including, but not limited to, claims of Client and other persons and organizations, reasonable fees and expenses of attorneys and consultants, and court costs, except where there has been a final adjudication that the damages were caused by BMcD's willful disregard of its obligations under this Agreement. Such indemnification includes claims arising out of, or in any way relating to, the actual, alleged, or threatened dispersal, escape, or release of, or failure to detect or contain, chemicals, wastes, liquids, gases, or any other material, irritant, contaminant, or pollutant.

12. ON-SITE SERVICESA. Project site visits by BMcD during investigation, observation, construction or equipment installation, or the furnishing of Project representatives shall not make BMcD responsible for construction means, methods, techniques, sequences, or procedures; for construction safety precautions or programs; or for any construction contractor(s') failure to perform its work in accordance with the contract documents.

B. Client shall disclose to BMcD the location and types of any known or suspected toxic, hazardous, or chemical materials or wastes existing on or near the premises upon which work is to be performed by BMcD's employees or subcontractors. If any hazardous wastes not identified by Client are discovered after a Project is undertaken, Client and BMcD agree that the scope of services, schedule, and compensation may be adjusted accordingly. Client agrees to release BMcD from all damages related to any pre-existing pollutant, contaminant, toxic, or hazardous substance at the site.

13. CHANGESClient shall have the right to make changes within the general scope of BMcD's services, with an appropriate change in compensation and schedule, upon execution of a mutually acceptable amendment or change order signed by authorized representatives of Client and BMcD.

14. TERMINATIONServices may be terminated by Client or BMcD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMcD all amounts due BMcD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMcD in terminating the services. In addition, Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee, as applicable.

15. DISPUTES, NEGOTIATIONS, MEDIATIONA. If a dispute arises relating to the performance of the services to be provided and, should that dispute result in litigation, it is agreed that the substantially prevailing party (as determined in equity by the court) shall be entitled to recover all reasonable costs of litigation, including staff time, court costs, attorney's fees and other related expenses.

B. The parties shall participate in good faith negotiations to resolve any and all disputes. Should negotiations fail, the parties agree to submit to and participate in a third party-facilitated mediation as a condition precedent to resolution by litigation. Unless otherwise agreed to, mediation shall be conducted under the rules of the American Arbitration Association and shall be held in Kansas City, Missouri.

C. The parties agree that any dispute between them, including any action against an officer, director or employee of a party, arising out of or related to this Agreement, whether in contract or tort, not resolved through direct negotiation and mediation, shall be resolved by litigation in the state or federal courts located in Jackson County, Missouri, and each party expressly consents to jurisdiction therein. Any litigation to compel or enforce, or otherwise affect the mediation shall be in state or federal courts located in Jackson County, Missouri, and each party expressly consents to jurisdiction therein.

D. Causes of action between the parties shall accrue, and applicable statutes of limitation shall commence to run the date BMcD’s services are substantially complete.

16. WITNESS FEESA. BMcD's employees shall not be retained as expert witnesses, except by separate written agreement.

B. Client agrees to pay BMcD pursuant to BMcD's then current schedule of hourly labor billing rates for time spent by any employee of BMcD responding to any subpoena by any party in any dispute as an occurrence witness or to assemble and produce documents resulting from BMcD's services under this Agreement.

17. CONTROLLING LAWThis Agreement shall be subject to, interpreted and enforced according to the laws of the State of Missouri without regard to any conflicts of law provisions.

18. RIGHTS AND BENEFITS - NO ASSIGNMENTBMcD's services will be performed solely for the benefit of Client and not for the benefit of any other persons or entities. Neither Client nor BMcD shall assign or transfer interest in this Agreement without the written consent of the other.

19. ENTIRE CONTRACTThese Terms and Conditions and the above-referenced Letter, Proposal, or Agreement contain the entire agreement between BMcD and Client relative to BMcD's services for the Project herein. All previous or contemporaneous agreements, representations, promises, and conditions relating to BMcD's services for the Project are superseded. Since terms contained in purchase orders do not generally apply to professional services, in the event Client issues to BMcD a purchase order, no preprinted terms thereon shall become part of this Agreement. Said purchase order documents, whether or not signed by BMcD, shall be considered only as an internal document of Client to facilitate administrative requirements of Client’s operations.

20. SEVERABILITYAny unenforceable provision herein shall be amended to the extent necessary to make it enforceable; if not possible, it shall be deleted and all other provisions shall remain in full force and affect.

-END-

AE-4 KCO T&C 12/19/2013

Item for City Commission Action Section VII Item 2




Title: Consider a Resolution authorizing an agreement to transfer a portion of Carver Park to Cowley County Community College. (Voice Vote) Description: Carver Park, at the corner of Chestnut Ave and 8th Street, borders Paris Park Pool and the Cowley College campus, and contains two football goalposts. Cowley College approached the City and requested we consider transferring a portion of the park to them for potential future expansion. In exchange, Cowley College has agreed to pay all costs of the transfer, including a survey and new plat, and to pay $87,000 to extend the City hike-bike trail from its current termination on West Chestnut to its Hafner Training Facility on South Summit Street. This extension is in the City's plan for future hike-bike trail extension, and it would provide an easy pedestrian walkway for Cowley College students from campus to the Hafner Training Facility and baseball field. Commission Options: 1. Approve the Resolution. 2. Table the Resolution for further consideration. 3. Disapprove the Resolution. Fiscal Impact: Amount: Fund: Department: Expense Code:


City Manager

RESOLUTION NO. 2017-02 A RESOLUTION AUTHORIZING AN AGREEMENT TO TRANSFER A PORTION OF CARVER PARK TO COWLEY COUNTY COMMUNITY COLLEGE. WHEREAS, The City’s long term parks plan includes construction of a hike-bike trail throughout the community, to be used by the public including students of Cowley College; and WHEREAS, as consideration for this transfer of title, Cowley College has agreed to extend the City’s current hike-bike trail from Chestnut Avenue to Hafner Sports Complex, at a maximum out-of-pocket cost to Cowley College of $87,000.00 NOW THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: That the Governing Body of the City of Arkansas City hereby authorizes the City to execute a Real Estate Transfer Agreement with Cowley College for the transfer of property commonly known as a portion of Carver Park. Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: That the Governing Body of the City of Arkansas City hereby authorizes the Mayor and/or City Manager of the City of Arkansas City to take such further and other necessary actions that are required to effectuate the intent and purposes of this Legislative Enactment. SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas, Kansas this 21st day of February, 2017. (Seal) Duane L. Oestmann, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM ________ Tamara Niles, City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2017-02-_____ of the City of Arkansas City, Kansas adopted by the governing body on February 21, 2017 as the same appears of record in my office. DATED: _____________________. Lesley Shook, City Clerk

AGREEMENT TO TRANSFER REAL ESTATE

THIS AGREEMENT entered into on the _____ day of

___________, 2017, by and between The City of Arkansas City,

Kansas, hereinafter referred to as "Seller", and Cowley County

Community College, hereinafter referred to as "Buyer".

1. PROPERTY TRANSFERRED: In consideration of the mutual

promises herein contained, Seller agrees to transfer

title to Buyer, and Buyer agrees to accept title, of

the Real Property, situated in the City of Arkansas

City, the County of Cowley, and the State of Kansas,

commonly known as a portion of Carver Park and shown

on Exhibit A attached hereto.

Together with all the improvements thereon, all privileges,

appurtenances, and easements; but not including those

easements which are currently in use but may not be on file

for utilities, roadways and other public improvements,

which shall continue perpetually until abandonment.

2. CONSIDERATION: Seller’s long-term parks plan includes

construction of a hike-bike trail throughout the

community, to be used by the public including students

of Buyer. Therefore, as consideration for this

transfer of title, Buyer hereby agrees to pay to

extend the City’s current hike-bike trail from

Chestnut Avenue to Hafner Sports Complex, at a maximum

out-of-pocket cost to Buyer of $87,000.00. This shall

be paid to Seller over a three-year period from the

date of closing. The parties may jointly consider

extending the scope of the construction required by

this paragraph; but the scope specifically described

herein shall be completed within three years of

closing, unless the parties mutually agree to extend

this deadline or unless otherwise not feasible due to

factors out of either party’s control. Costs may

include property acquisition, design, and construction

for the trail. Buyer shall cooperate as necessary

with the Seller’s application for and obtaining grants

and other financial incentives to off-set the costs of

this construction project. It is understood the trail

extension shall commence at Carver Park and continue

to the Hafner Complex, or as close thereto as

construction costs funded herein shall allow.

3. COSTS: In addition to the costs of construction above,

Buyer shall pay all costs required to complete this

transaction including any appraisal fees, closing

fees, title insurance costs, other costs required by

this agreement, and filing fees, except that each

party shall pay its own attorney’s fees.

4. SELLER’S CERTIFICATION: Seller certifies to Buyer that

Seller holds good and sufficient title to the

Property, and may legally transfer ownership of the

property to Buyer. Seller further certifies the

property is subject to no liens or special

assessments, and there are no defects of title or

otherwise on the property. Seller makes no further

warranties or assurances regarding the property, its

condition, or its improvements, and sells the property

“as is”. Should Buyer discover a defect in the

condition of the property after closing, Buyer

recognizes and agrees that it shall have no recourse

or cause of action against Seller. Buyer may purchase

title insurance for the property, at its own cost and

expense. In the event there are title requirements,

Seller shall satisfy the same within a reasonable

period of time, not to exceed 30 days, unless extended

by further written agreement. If unable to do so,

Buyer has the right to cancel the contract without

penalty or further obligation.

5. INSPECTION AND SURVEY: In order to convey a portion of

Carver Park, the property must be surveyed, a legal

description prepared, and a plat submitted to and

approved by the City of Arkansas City Planning

Commission. This shall be completed at the sole cost

and expense of Buyer. Buyer further may obtain any

inspections on the property at its own cost and

expense.

6. CONVEYANCE AND CLOSING: Closing shall occur on or

before April 15, 2017, and Security 1st Title Company

shall serve as closing agent.

7. PRORATIONS: Seller shall pay all taxes and special

assessments accrued, due and/or owing up to and

including the date of closing. Buyer shall pay all

taxes due and owing from and after the date of

closing. Because both Buyer and Seller are tax

exempt, it is not anticipated either party will be

required to pay taxes and/or special assessments.

8. DEFAULT: It is expressly agreed that upon the event of

any default or failure on the part of the Buyer of

Seller, to comply with the terms and conditions of

this contract, the other party may bring a suit to

require the other to comply with the terms of this

Agreement. In such a case, the prevailing party shall

be entitled to recover from the other party all costs

and fees required to effectuate a transfer, including

but not limited to, filing fees and reasonable

attorney fees.

9. SOLE CONTRACT: The parties agree that this Agreement

to Transfer Real Estate constitutes their entire

agreement and that no oral or implied agreement

exists. Any amendments to this Contract shall be made

in writing, signed by all parties and copies shall be

attached to all copies of the original Purchase

Contract. All provisions of this contract shall

survive the closing. All parties are advised to seek

competent advice, unless they fully understand all

terms of the contract. Should there be any term or

condition in this contract that is not in accord with

the applicable legal statutes, either party may void

that portion of the contract by having its lawyer

furnish a written opinion stating the reason, and

citing the property law or court case.

IN WITNESS OF COVENANTS HEREINABOVE SET FORTH, the parties

to this Agreement do hereby affix their signatures on the day

and year first above appearing.

Seller:

THE CITY OF ARKANSAS CITY, KANSAS

By________________________________

Duane L. Oestmann, Mayor

ACKNOWLEDGMENT

STATE OF KANSAS )

COUNTY OF COWLEY ) ss

Be it remembered, that on this ____ day of ___________,

2017, before me, the undersigned, a Notary Public in and for the

aforesaid County and State, came Duane Oestmann, on behalf of

the City of Arkansas City, who is personally known to me to be

the same person who executed the within instrument in writing,

after being authorized to do so by the City of Arkansas City,

and duly acknowledged the execution of the same. In witness

whereof, I have hereunto subscribed my name and affixed my

official seal the day and year last above written.

__________________________________

Notary Public

My appointment expires:

Buyer:

COWLEY COUNTY COMMUNITY COLLEGE

By________________________________

Bob Juden, Chairman

Board of Trustees

ACKNOWLEDGMENT

STATE OF KANSAS )

COUNTY OF COWLEY ) ss

Be it remembered, that on this ____ day of ___________,

2017, before me, the undersigned, a Notary Public in and for the

aforesaid County and State, came Bob Juden, on behalf of Cowley

County Community College, who is personally known to me to be

the same person who executed the within instrument in writing,

after being authorized to do so by Cowley County Community

College, and duly acknowledged the execution of the same. In

witness whereof, I have hereunto subscribed my name and affixed

my official seal the day and year last above written.

__________________________________

Notary Public

My appointment expires:

Fund

1/1/2017

Beginning Cash

Balance Receipts Disbursements

01/31/2017

Ending Cash

Balance Budget Encumbrances

Budget Variance

Favorable

(Unfavorable)

%

Remaining

(92%)

01 - GENERAL FUND 643,063$ 2,032,734$ 672,721$ 2,003,076$ 9,505,246$ 42,116$ 8,790,409$ 92%

15 - STORMWATER FUND 423,303$ 16,091$ 12,420$ 426,974$ 326,294$ -$ 313,874$ 96%

16 - WATER FUND 2,137,111$ 3,485,221$ 262,784$ 5,359,548$ 15,616,661$ 302,751$ 15,051,126$ 96%

18 - SEWER FUND 3,097,071$ 158,570$ 64,530$ 3,191,111$ 2,275,855$ 18,009$ 2,193,315$ 96%

19 - SANITATION FUND 927,663$ 124,448$ 85,625$ 966,485$ 1,783,990$ 2,561$ 1,695,804$ 95%

20 - SPECIAL RECREATION FUND 28,478$ -$ -$ 28,478$ 14,130$ -$ 14,130$ 100%

21 - SPECIAL STREET FUND 783,225$ 81,922$ 5,681$ 859,466$ 1,170,605$ 7,837$ 1,157,088$ 99%

23 - TOURISM/CONVENTION FUND 43,864$ 28,866$ 28,866$ 43,864$ 143,500$ -$ 114,634$ 80%

26 - SPECIAL ALCOHOL FUND 61,172$ -$ 1,104$ 60,068$ 20,000$ -$ 18,896$ 94%

27 - PUBLIC LIBRARY FUND -$ 174,012$ -$ 174,012$ 365,000$ -$ 365,000$ 100%

29 -SPECIAL LAW ENF TRUST FUND 9,208$ -$ -$ 9,208$

42 - HOSPITAL IMPROVEMENT FUND 459,939$ 195,064$ -$ 655,003$ 2,734,685$ -$ 2,734,685$ 100%

43 - BOND & INTEREST FUND 94,807$ 515,890$ -$ 610,698$ 1,731,100$ -$ 1,731,100$ 100%

51 - DRUG TASK FORCE FUND 22,093$ 9$ 324$ 21,779$

53 - MUNICIPAL COURT FUND 9,893$ -$ 551$ 9,342$

54 - EQUIPMENT RESERVE FUND 225,648$ -$ -$ 225,648$

57 - CID SALES TAX FUND -$ 2,336$ 2,336$ -$ 40,000$ -$ 37,664$ 0%

58 - STREET IMPROVEMENT FUND 322,006$ 40$ 3,848$ 318,198$ 657,861$ -$ 654,013$ 99%

68 - CAPITAL IMPROVEMENT FUND 462,306$ 33,562$ -$ 495,868$

TOTALS 9,750,851$ 6,848,764$ 1,140,791$ 15,458,825$ 36,384,927$

INDEBTEDNESS:

GO SERIES 2008A BONDS 605,000$

GO SERIES 2009A BONDS 685,000$

GO SERIES 2013A BONDS 4,215,000$

KDHE WATER LOAN 643,644$

2013 PUMPER FIRE TRUCK LEASE 366,959$

TOTAL 6,515,603$

Note: Information is Unaudited

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

Not a budgeted fund

CITY OF ARKANSAS CITY, KANSAS

FINANCIAL SUMMARY

Year-To-Date Ending January 31, 2017

Cash Summary Budget Summary

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