City Commission Agenda Packet February 2, 2015
Transcription
City Commission Agenda Packet February 2, 2015
City Commission Agenda Packet February 2, 2015 CITY OF ATCHISON ______________________________________________________________ MEETING OF THE CITY COMMISSION AMENDED AGENDA - REGULAR MEETING FEBRUARY 2, 2015, 4:30 P.M. COMMISSION CHAMBERS ATCHISON CITY HALL ORDER OF BUSINESS CALL MEETING TO ORDER INVOCATION Rev. Nancy Kollhoff, United Methodist Church PLEDGE OF ALLEGIANCE PROCLAMATIONS Boy Scout Week February 9th through February 13th, 2015 Gerald V. “Jerry” Kuckelman Day February 1, 2015 PUBLIC FORUM NEW BUSINESS 1. PRESENTATION FOR LIBRARY RENOVATION PROJECT Presented by: Gary Landeck, Atchison Library Director. RECOMMENDED ACTION: Receive and file. 2. RESOLUTIONS NO 2974 THROUGH 2977, DEMOLITION HEARINGS FOR: 613 WASHINGTON STREET - LUEANNA WHITE/GOLD MINE INVESTMENTS 1212 SOUTH 8TH STREET – FRANK AND ROBIN THOMAS 1114 PARALLEL STREET – MIRIAM AVA DUNAVAN 1429 ATCHISON STREET – DUANE DENTON Presented by: Curtis Wheeler, Code Enforcement Officer. RECOMMENDED ACTION: Adopt Resolutions 2974, 2975, 2976, and 2977. 3. REPLACEMENT OF HANGARS AT AMELIA EARHART AIRPORT Presented by: Trey Cocking, City Manager. RECOMMENDED ACTION: Receive and file. 4. AIRPORT CAPITAL IMPROVEMENT PROGRAM SUBMISSIONS TO FAA Presented by: Justin Pregont, Director of Public Works & Utilities. RECOMMENDED ACTION: Authorize the City Manager to sign ACIP submissions to FAA. 1 City Commission Agenda Packet February 2, 2015 5. WATER TREATMENT PLANT FILTER IMPROVEMENTS DESIGN CONTRACT Presented by: Justin Pregont, Director of Public Works & Utilities. RECOMMENDED ACTION: Approve a design contract for the filter improvements at the Water Treatment Plant with Burns & McDonnell in the amount of $129,952. 6. WATER TREATMENT PLANT OZONE PROJECT CHANGE ORDER #1 Presented by: Justin Pregont, Director of Public Works; Nathan Dunahee & Ryan Scott, Burns & McDonnell. RECOMMENDED ACTION: Approve Change Order #1 in the amount of $93,644 with an additional $82,500 authorized in a “force account” to manage change orders through the remainder of the project’s construction. 7. ORDINANCE NO 6501, ADOPTION OF WATER CONSERVATION PLAN Presented by: Justin Pregont, Director of Public Works & Utilities. RECOMMENDED ACTION: Adopt Ordinance No. 6501 and approve the Municipal Water Conservation Plan for the City of Atchison. 8. ORDINANCE NO 6500, ALLOWING PARKING ON THE WEST SIDE OF SEVENTH STREET Presented by: Mike Wilson, Police Chief and Justin Pregont, Director of Public Works & Utilities. RECOMMENDED ACTION: Adopt Ordinance No. 6500, Allowing Parking on the West Side of Seventh Street. COMMUNICATIONS Presented by: Trey Cocking, City Manager. a. Community Development Office January Nuisance Notices. b. Atchison Library Board Minutes from March to November, 2014. CONSENT AGENDA Presented by: Trey Cocking, City Manager a. Approve the minutes from the Atchison City Commission meeting of January 20, 2015. b. Approve sale of property located at 1028 Walnut to Kenneth Smith Sr. for $200.00. INFORMATIONAL ITEMS GOVERNING BODY COMMENTS Mayor Dave Butler Vice Mayor Allen Reavis Commissioner Larry Purcell Commissioner Rita Hartman Commissioner Jack Bower PUBLIC FORUM 2 City Commission Agenda Packet February 2, 2015 EXECUTIVE SESSION 1) AN EXECUTIVE SESSION FOR PERSONNEL MATTERS OF NON-ELECTED PERSONNEL RECOMMENDED ACTION: Recess into executive session stating at which time the open meeting will resume. ADJOURNMENT 3 City Commission Agenda Packet February 2, 2015 4 City Commission Agenda Packet February 2, 2015 5 City Commission Agenda Packet February 2, 2015 David M Dunfield, AIA, LEED AP 1641 Rhode Island Street Lawrence, Kansas 66044 785-840-4773 [email protected] January 27, 2014 Mr. Gary Landeck, Director Atchison Kansas Public Library 401 Kansas Ave Atchison, KS 66002 Re: Lower level partial renovation Dear Gary, Thank you for inviting Dunfield Design to submit this proposal for services. I am excited by the prospect of realizing at least a part of the project that we worked together with your library community to design. I have attached meeting notes from our December 12 meeting with board and staff members. Please review them and confirm that my understanding of the scope of the work is in agreement with yours. Dunfield Design will team with engineers lead by Bill Bassette of Latimer Somers Associates for the work, due to his knowledge of the recently upgraded HVAC system in your building. I understand that the library has a committed budget of $410,000 for this phase of the work. I have attached a preliminary breakdown of that budget that will give a sense of how the project cost compares to the construction cost. A renovation project like this one inevitably contains a number of unknowns that are only revealed as the work progresses. As a result, professional fees are generally a higher percentage of total project costs than for a new building on an open site. Owner-Architect contract shall be the American Institute of Architects’ AIA B104-2007 Standard Form of Agreement Between Owner and Architect for a Project of Limited Scope. This document will define the scope of services for the project in detail. Compensation: • Professional fees shall be established as 10% of the amount of the construction contract. The Architect will invoice the Owner monthly. • At the request of the Owner, the Architect will provide services not included as basic services for additional compensation at the hourly rate of $125.00. Such services may include changes to the design scope requested by the Owner, 6 City Commission Agenda Packet February 2, 2015 • additional consulting required by the uncovering of hidden conditions such as those requiring structural repairs, and other unforeseen changes. Reimbursable expenses are in addition to the compensation listed above, and include such expenses as travel mileage, postage and printing costs. The dated signature of an authorized representative of the library on this letter agreement, returned to my office, will signify your understanding and acceptance of the terms described, and will serve as notice for me to prepare the AIA B104-2007 contract. This agreement may be terminated by either party, without prejudice, by giving 7 days written notice. Feel free to call or email if you have questions. We look forward to continuing our work with you. Sincerely, David M Dunfield, AIA, LEED AP Accepted Date: By: Title: 7 City Commission Agenda Packet February 2, 2015 ~AlA Document 8104'" -2007 Standard Form of Agreement Between Owner and Architect for a Project of Limited Scope AGREEMENT made as of the in the year (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) day of This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. and the Architect: (Name, address and other information) for the following Project: (Name, location and detailed description) The Owner and Architect agree as follows. lnit. AIA Document 8104™ - 2007. Copyright© 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA®Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel , [email protected] . 8 1 City Commission Agenda Packet February 2, 2015 TABLE OF ARTICLES INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth below: (State below details of the Project 's site and program, Owner's contractors and consultants, Architect's consultants, Owner 's budget for the Cost of the Work, and other information relevant to the Project.) § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adj ust the schedule, the Architect' s services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES The Architect shall provide the professional services set forth in this Agreement consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. § 3.1.1 The Architect shall be entitled to rely on (l ) the accuracy and completeness of the information furni shed by the Owner and (2) the Owner's approvals. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.2 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect' s services. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's lnlt. AIA Document 8104™ - 2007. Copyright © 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel, [email protected]. 9 2 City Commission Agenda Packet February 2, 2015 approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.3 The Architect shall assist the Owner in connection with the Owner' s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall discuss with the Owner the Owner's program, schedule, budget for the Cost of the Work, Project site, and alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the Project requirements. § 3.2.3 The Architect shall consider the relative value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner' s schedule and budget for the Cost of the Work. § 3.2.4 Based on the Project requirements, the Architect shall prepare Design Documents for the Owner's approval consisting of drawings and other documents appropriate for the Project and the Architect shall prepare and submit to the Owner a preliminary es ti mate of the Cost of the Work. § 3.2.5 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.6 The Architect shall submit the Design Documents to the Owner, and request the Owner's approval. § 3.3 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Design Documents, the Architect shall prepare for the Owner' s approval Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.4.4. § 3.3.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.3.3 The Architect shall update the estimate for the Cost of the Work. § 3.3.4 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.3.5 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in awarding and preparing contracts for construction. § 3.4 CONSTRUCTION PHASE SERVICES § 3.4.1 GENERAL § 3.4.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A107™-2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. If the Owner and Contractor modify AJA Document Al 07- 2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.4.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or resp~nsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the lnit. AIA Document 8104™ - 2007. Copyright © 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and crim inal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel , [email protected] 3 City Commission Agenda Packet February 2, 2015 Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.4.1.3 Subject to Section 4.2, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.4.2 EVALUATIONS OF THE WORK § 3.4.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.1 , to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner ( 1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.4.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and has the authority to require inspection or testing of the Work. § 3.4.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect' s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.4.2.4 When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. § 3.4.2.5 The Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.4.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.4.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.4.2 and on the data comprising the Contractor' s Application for Payment, that, to the best of the Architect' s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. § 3.4.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1 ) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor' s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.4.4 SUBMITIALS § 3.4.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittal s is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect' s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. § 3.4.4.2 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the lnit. AIA Document 8104™ - 2007. Copyright © 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel, [email protected] 4 City Commission Agenda Packet February 2, 2015 appropriate performance and design criteria that such services must satisfy. The Architect shall review shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional' s seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.4.4.3 The Architect shall review and respond to written requests for information about the Contract Documents. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. § 3.4.5 CHANGES IN THE WORK The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.2.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.4.6 PROJECT COMPLETION The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Ser.vices are not included in Basic Services but may be required for the Project. Such Additional Services may include programming, budget analysis, financial feasibility studies, site analysis and selection, environmental studies, civil engineering, landscape design, telecommunications/data, security, measured drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed cost estimates, on-site project representation beyond requirements of Section 4.2.1, value analysis, quantity surveys, interior architectural design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, commissioning, environmentally responsible design beyond Basic Services, LEED®Certification, fast-track design services, and any other services not otherwise included in this Agreement. (Insert a description of each Additional Service the Architect shall provide, if not further described in an exhibit attached to this document.) § 4.2 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for serviees required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3. § 4.2.1 The Architect has included in Basic Services ) site visits over the duration of the Project during construction. The Architect shall conduct site visits in excess of that amount as an Additional Service. § 4.2.2 The Architect shall review and evaluate Contractor's proposals, and if necessary, prepare Drawings, Specifications and other documentation and data, and provide any other services made necessary by Change Orders and Construction Change Directives prepared by the Architect as an Additional Service. § 4.2.3 If the services covered by this Agreement have not been completed within ( ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect' s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner lnit. AIA Document 8104™ - 2007. Copyright© 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and crim inal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed . To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel, [email protected] 5 City Commission Agenda Packet February 2, 2015 regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furni sh the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner' s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project' s scope and quality. § 5.3 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site, and services of geotechnical engi neers or other consultants when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. § 5.4 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner' s consultants. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.5 The Owner shall furni sh tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.8 The Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. § 5.9 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner' s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the program and scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner lnit. AIA Document 8104™ - 2007. Copyright © 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects . All rights reserved. WARNING : This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed . To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel, [email protected] 6 City Commission Agenda Packet February 2, 2015 requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the bidding has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adj ustments. § 6.6 If the Owner's current budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect' s modification of the Construction Documents shall be the limit of the Architect' s responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall end.eavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect ' s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect' s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9 .4, the license granted in this Section 7 .3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply ifthe Owner rightfully terminates this Agreement for cause under Section 9.4. lnit. AIA Document 8104™ - 2007. Copyright © 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe clvll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel , [email protected]. 14 7 City Commission Agenda Packet February 2, 2015 § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A 107- 2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.6. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution . If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 Mediation, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) 0 Arbitration pursuant to Section 8.3 of this Agreement 0 Litigation in a court of competent jurisdiction 0 Other (Specify) § 8.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. lnit. AIA Document 8104™ -2007. Copyright© 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA®Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and crim inal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel , [email protected]. 15 8 City Commission Agenda Packet February 2, 2015 § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days ' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. lnit. AIA Document 8104™ - 2007. Copyright © 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of t his AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e16 . mail The American Institute of Architects' legal counsel , [email protected] g City Commission Agenda Packet February 2, 2015 § 9.7 Termination Expenses are in addition to compensation for the Architect' s services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document Al07-2007 , Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates or consents, the proposed language of such certificates or consents shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 10. 7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect' s promotional and professional materials. However, the Architect's materials shall not include information the Owner has identified in writing as confidential or proprietary. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services as described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows : (Insert amount of, or basis for, compensation.) lnit. AIA Document 8104™ - 2007. Copyright© 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects . All rights reserved. WARNING : This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel, [email protected]. 17 10 City Commission Agenda Packet February 2, 2015 § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus otherwise stated below: percent ( % ), or as § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: percent ( percent ( percent ( %) one hundred percent ( 100.00%) Design Development Phase: Construction Documents Phase: Construction Phase: Total Basic Compensation %) %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus lnit. percent ( % ) of the expenses incurred. AIA Document 8104™ - 2007. Copyright© 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e18 mail The American Institute of Architects' legal counsel , [email protected]. 11 City Commission Agenda Packet February 2, 2015 § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5 , or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: · § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of ($ Dollars ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner' s account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to off set sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement incorporates the following documents listed below: (List other documents, if any, including additional scopes of service and A/A Document £201™-2007, Digital Data Protocol Exhibit, if completed, forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) (Printed name and title) (Printed name and title) CAUTION: You should sign an orlglnal AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. lnit. AIA Document 8104™ - 2007. Copyright© 1974, 1978, 1987, 1997, and 2007 by The American Institute of Architects. All rights reserved. WARNING: 9 This AIA9 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed . To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel , [email protected] . 19 12 Atchison Public Library City Commission Agenda Packet February 2, 2015 Dunfield Design Basement Remodel Cost Summary Construction Budget $314,000 Non-construction costs Construction testing $2,000 Printing, reimbursables $2,000 Professional services (10%) $31,400 Furnishings, fixtures and equipment Calculated at $9 per square foot $60,300 $409,700 20 City Commission Agenda Packet February 2, 2015 David M Dunfield, AIA, LEED AP 1641 Rhode Island Street Lawrence, Kansas 66044 785-840-4773 [email protected] MEETING MINUTES Project: Date: Purpose: Attendees: Atchison Kansas Public Library Renovation December 12, 2014, 8:00 a.m. Review lower level project potential Gary Landeck - Director Jennifer George - Adult Services Librarian Mary Domann - Circulation Supervisor Cindy Kloepper - Interlibrary Loan Melody Parsons - Office Manager Dawna Ofstehage - Teen Librarian Lynn Hoffman - Circulation Holly Hutchinson - Youth Services Librarian Duane Williams - Technology Coordinator Lucille Rawson - Board President Elizabeth Lane - Board Vice President Diana Moxley - Board Secretary Don Bratton - Board Treasurer Jennifer O'Malley - Board member 1. Project Administration a. The library will create a building committee for the purpose of project communications. 2. Project Scope a. Scope is limited by available budget of $300,000. Note: revised to $430,000. b. Priorities for the project: i. Children’s library move to the south is the top priority. ii. A break room with sink for use by staff and meeting attendees. (Current room is “awful.”) iii. Family restroom might be identified as a future phase. iv. Gary and Melody’s office will move downstairs to the current children’s librarian office. v. Ability to subdivide the meeting room is desired. vi. Freshening up the main floor with new paint is desired. 3. Discussion a. What will happen to the book sale books? b. Look into possibility of expanding the existing break room in its current location. c. Renovations should be functional and flexible. 21 City Commission Agenda Packet February 2, 2015 d. Consider floor finishes for meeting room – vinyl tile versus carpet. Comfort versus maintenance issues. e. Consider switching server and storage relative to the concept plans. f. Area identified as “Children’s Librarian” might be the break room instead? g. Consider using the room labeled “Cave” as children’s librarian’s office. 4. Other a. Library Board meets on January 26, 2015. The board will review architectural proposals at that time. 5. Next Meeting To Be Determined 22 City Commission Agenda Packet February 2, 2015 Commission Action Report Title: Resolutions No. 2974 through 2977, Demolition Hearings for: • 613 Washington St. Lueanna White attn: Gold Mine Investments • 1212 South 8th St. Frank and Robin Thomas • 1114 Parallel St. Miriam Ava Dunavan • 1429 Atchison St. Duane Denton Proposed Agenda Date: February 2, 2015 Presented by: Curtis Wheeler, Code Enforcement Officer BACKGROUND: • • • • • A total of 10 dilapidated buildings have been identified thus far as part of the 2015 Community Development Department Demolition Program. Four (4) structures were brought before the Commission on December 15, 2014 and were unanimously set for Demolition Hearings on February 2, 2015. The owners of record were notified as required by City ordinance. Per Sec. 34-58, the Fire Chief, Public Works Director and the Building Inspector have examined the buildings and agree they should be demolished. The structures are severely dilapidated to such an extent that the structural strength or stability is materially less than it was before, and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location and it does not meet the minimum standards of the Housing Code Chapter 37 for the City of Atchison. The addresses are as follows: Resolution 2974 Resolution 2975 Resolution 2976 Resolution 2977 613 Washington St. 1212 South 8th St. 1114 Parallel St. 1429 Atchison St. Lueanna White attn: Gold Mine Investments Frank and Robin Thomas Miriam Ava Dunavan Duane Denton 23 City Commission Agenda Packet February 2, 2015 613 Washington St. Owner: Lueanna White attn: Gold Mine Investments Based on the condition of the structure, the property value is estimated to be at $6,300.00 and 200% of this amount is $12,600.00. Based on the damage reported through visual inspection and through utilizing the online demolition analysis tool, Housing Demo Pro, a cost estimate of repairs was completed for the house. The total estimated repair cost is $20,619.70 Water has been off since January of 2012. Taxes for 2009, 2010, 2011, 2012 and 2013 are delinquent. Taxes for the first half of 2014 are unpaid. The property is not listed on the National Register of Historic Places. 24 City Commission Agenda Packet February 2, 2015 1212 S. 8th St. Owner: Frank & Robin Thomas Based on the condition of the structure, the property value is estimated to be at $22,890.00 and 200% of this amount is $45,780.00. Based on the damage reported through visual inspection and through utilizing the online demolition analysis tool, Housing Demo Pro, a cost estimate of repairs was completed for the house. The total estimated repair cost is $47,612.50. Water has been off since October of 2012. Taxes for 2008, 2009, 2010, 2011, 2012 and 2013 are delinquent. Taxes for the first half of 2014 are unpaid. The property is not listed on the National Register of Historic Places. 25 City Commission Agenda Packet February 2, 2015 1114 Parallel St. Owner: Miriam Ava Dunavan Based on the condition of the structure, the property value is estimated to be at $36,810.00 and 200% of this amount is $73,620.00. Based on the damage reported through visual inspection and through utilizing the online demolition analysis tool, Housing Demo Pro, a cost estimate of repairs was completed for the house. The total estimated repair cost is $33,655.30. The estimated repair cost does not meet or exceed 200% as required by code, but due to the dilapidated condition of the structure, we feel as though the assessed value by Atchison County is not an accurate representation of the structure’s value today. On October 15, 2013, I spoke with the owner and she stated that she was aware something needed to be done with the house and if she didn’t sell it by spring of 2014 she would tear it down. Since that time, I have spoken to the owner several times and she has been trying to get bids for the demolition. She is also still trying to sell the house. Her current asking price is $8,000.00. Although high, I feel it is a more accurate value for the structure in its current conditions due to the extent of improvements needed to bring the stucture into compliance with the minimum housing codes for the City of Atchison. Water has been off since October 2013. Taxes for the first half of 2013 are delinquent. Taxes for the last half of 2013 are unpaid. The property is not listed on the National Register of Historic Places. 26 City Commission Agenda Packet February 2, 2015 1429 Atchison St. Owner: Duane Denton Based on the condition of the structure, the property value is estimated to be at $9,7200.00 and 200% of this amount is $19,440.00. Based on the damage reported through visual inspection and through utilizing the online demolition analysis tool, Housing Demo Pro, a cost estimate of repairs was completed for the house. The total estimated repair cost is $29,730.70. Taxes for 2013 are delinquent. Water has been off since June of 2009. The property is not listed on the National Register of Historic Places. 27 City Commission Agenda Packet February 2, 2015 FINANCIAL CONSIDERATIONS: In 2015, the Community Development Department has budgeted $47,000 for the demolition of dilapidated structures and abatement of nuisances through the City. LEGAL CONSIDERATIONS: Sections 34-59, 34-76, 37-10, 37-34, 37-35 of the Code of Ordinances for the City of Atchison, Kansas. Sec. 34-59. - Resolution fixing hearing; publication, mailing. If the report provided for in section 34-58 shall state that a building, wall or structure, or any part thereof, is in an insecure, unsafe or dangerous condition, or is being built, erected, constructed, repaired, altered or demolished in such a way, so as to endanger the lives of persons or to endanger property, the city commission shall by resolution fix a time and place at which the owner, the owner's agent, or any lienholders of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished. Such resolution shall be published once each week for two (2) consecutive weeks on the same day of each week. At least thirty (30) days shall elapse between the last publication and the date set for the hearing. A copy of the resolution shall be mailed by certified mail within three (3) days after its first publication to each such owner, agent, lienholder and occupant, at the last known place of residence, and shall be marked "deliver to addressee only". Sec. 37-10. - Notice of violation and hearing; answer to violation; conduct of hearing; issuance of order; failure by owner to repair, alter, improve or vacate and close; posting of placard; failure to remove or demolish; collection of costs incurred by city. The public officer shall exercise the powers prescribed in this chapter and make rules and regulations for the interpretation and administration of this code. (a) Whenever it appears to the public officer (on his own motion) that any dwelling is unfit for human habitation, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in the dwelling (including persons in possession) a notice stating the violations in that respect; such notice shall contain a time and date that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of said notice that the owner, mortgagee, and parties in interest shall have the right to file an answer to the violation and to appear in person, or otherwise, and give testimony at the place and time fixed in the notice; any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard; and the rules or evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer. (b) If, after such notice and hearing, the public officer determines that the dwelling under consideration is unfit for human habitation, he shall state in writing his findings of fact in support of such determination and the public officer shall issue and cause to be served upon the owner thereof an order: (1) If the repair, alteration or improvement of said dwelling can be made at a cost of less than two hundred percent (200%) of the assessed value of the dwelling the order shall require the owner, within the time specified therein by the public officer, to repair, alter or improve such dwelling so as to render it fit for human habitation or to vacate and close the dwelling as a human habitation. (2) If the repair, alteration or improvement of said dwelling cannot be made at a cost of less than two hundred percent (200%) of the assessed value of the dwelling the order shall require the owner, within the time specified therein by the public officer, to remove or demolish such dwelling. (c) If the owner of a dwelling fails to comply with an order to repair, alter or improve, or to vacate and close the dwelling the public officer may cause such dwelling to be repaired, altered and improved or to be vacated and closed; the public officer shall cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "This dwelling is unfit for human habitation; the use or occupation of this dwelling for human habitation is prohibited and unlawful." (d) If the owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause such dwelling to be removed or demolished, provided, however, that the duties of the public officer set forth in this subsection shall not be exercised until the commission shall have, by resolution ordered the public officer to proceed to effectuate the purposes of this chapter with respect to the particular property or properties which the public officer shall have found to be unfit for human habitation and which property or properties shall be described in the resolution. 28 City Commission Agenda Packet February 2, 2015 (e) The amount of the cost of such repair, alteration, improvements, vacating or closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred; and such lien including advertising, time of the public officer, time of other city personnel, necessary attorney fees, and any other expenses directly caused by this action, may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans accrued by liens on real property. If the dwelling is removed or demolished by the public officer, he shall sell the material of such dwelling and shall credit the proceeds of such sale against the cost of removal or demolition, and any balance remaining shall be paid to the parties entitled thereto by proper judicial proceedings instituted by the public officer after deducting the cost of such judicial proceedings including his necessary attorney's fees incurred therein as determined by the court. Sec. 37-34. - Factors making dwelling unfit for human habitation. The public officer may determine that a dwelling is unfit for human habitation if he finds that any of the following conditions exist in such dwellings: (a) Interior walls or other vertical structural member which list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base; (b) Supporting member or members which show thirty-three (33) per cent or more of damage or deterioration or nonsupporting enclosing or outside walls or covering which shows fifty (50) per cent or more of damage or deterioration; (c) Floors or roof which have improperly distributed loads, which are overloaded, or which have insufficient strength to be reasonably safe for the purposes used; (d) Such damage by fire, wind or other causes as endangers the lives, safety or welfare of occupants or residents in the city; (e) Dilapidation, decay, insanitation or disrepair which is likely to cause sickness or disease, or to work injury to the health, safety or welfare of the occupants or other people in the city; inadequate facilities for egress in case of fire or panic, defects therein increasing the hazards of fire, accident or other calamities; (f) Such lack of adequate ventilation, light, heating or sanitary facilities as to endanger the health, morals, safety or general welfare of the occupant or residents of the city; (g) Violation of any provision of the building regulations, fire prevention laws or ordinances of the state or city; (h) A habitable room, except bathroom, with window area less than either one-eighth (⅛) of the floor area or twelve (12) square feet, and of which one window will [open] and has an openable window area less than fifty per cent (50%) of the window or skylight area, whichever is greater, unless properly ventilated by mechanical means; (i) A bathroom which does not have at least one outside window area aggregate of three (3) square feet which can be opened or does not have other means of adequate ventilation; or (j) Such relationship to adjoining buildings or dwellings that light or air is inadequate or that a fire hazard exists. (k) Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least fifteen (15) per cent of the total floor area of such room. Sec. 37-35. - Minimum facilities required. (a) A dwelling may be found by the public officer to be unfit for human habitation and he shall so find, if the same does not have minimum facilities consisting of: (1) An installed kitchen sink with hot and cold running water. (2) An inside bathroom which shall consist of properly installed and operable fixtures, maintained in a safe and good working order, and connected to a water and sewer system approved by the appropriate authority, as follows: Tub or shower, a lavatory and water closet, with one ceiling or wall type electrical light fixture and one wall type electrical plug receptacle. Bathroom floors shall be impervious to water, which shall for the purpose of this section be defined as follows: Every floor shall be made of terrazzo, tile, smooth concrete, dense hardwood with tightly fitting joints, rubber asphalt tile, linoleum or other similar material providing a surface which is easily cleanable and reasonably impervious to water; or such floor is made of one of the denser soft woods, with tightly fitting joints, and is covered with varnish, lacquer or other similar coating. All such constructed floors may be covered with carpeting or similar coverings; provided, that said covering is maintained in a clean, dry, sanitary condition. Laundry rooms, furnace rooms, porches, halls and corridors shall have a minimum of one supplied ceiling or way type light fixture in good working order. (3) Properly installed and maintained in a safe and good working order and be connected to the source of electrical power in a safe manner, and safely operable electrical lighting facilities with at least two 29 City Commission Agenda Packet February 2, 2015 (2) plug receptacles in every habitable room or one outlet in the ceiling fixture with the light switch and one wall type plug receptacle. Every public hall, stairway and foyer shall have sufficient lighting through windows or from electrical lights to provide illumination of at least one foot-candle on every part of such areas at all times of the day or night. Except however, public halls and stairways in structures devoted solely to dwelling occupancy and containing not more than four (4) dwelling units may be supplied with conveniently located light switches controlling an adequate light system which may be turned on whenever needed. (4) Properly installed heating facilities maintained in safe and good working order, capable of safely maintaining a temperature of seventy (70) degrees Fahrenheit at a distance three (3) feet above the floor level, under ordinary minimum winter conditions, consisting of one or more heating appliances, or operator controls, central heating equipment, in all habitable rooms, and bathrooms. Chimneys and/or flues shall be maintained free of stoppages, and adequately supported and free of conditions that will cause leakage or backing up of noxious gases. (5) Every window, exterior door, and basement hatchway shall be reasonably watertight, and rodent proof, and shall be kept in sound working condition and good repair, which shall mean that every window is fully supplied with window panes, which are without open cracks or holes; every window sash is in good condition and fits reasonably tight within its frame; every window other than fixed windows are capable of being opened and held in open position. Every exterior door, door hinge and door latch is in sound working condition; every exterior door when closed, fits reasonably well within its frame; all windows and doors and their frames are constructed and maintained in such relation to wall construction as to completely exclude rain and substantially to exclude wind from entering the structures; every basement hatchway is so constructed and maintained as to prevent entrance of rodents, rain and surface drainage water into its dwelling. (b) (6) Screening. Screens shall be provided to effectively cover openings to the outside, such as windows, doors, etc., with mesh of such fineness used ordinarily in dwelling units to prevent the entrance of flies, mosquitoes and other similar pests, where said openings are required for ventilation of dwelling. (7) Room sizes. The living or principal room shall be not less than one hundred fifty (150) square feet; the first bedroom shall be not less than one hundred (100) square feet; and each other bedroom, if any, shall be not less than seventy (70) square feet. (8) Every dwelling shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. Single family owner occupied dwellings which are found to generally meet the occupant's needs, may be exempted by the housing code appeals board from the dwelling space requirements. (9) At least one-half (½) of the floor area of every habitable room shall have a ceiling height of at least seven (7) feet. (10) Adequate rubbish storage facilities, of a type and location of which are approved by the health officer: No dwelling unit shall be deemed to comply with the requirements of this section relating to rubbish storage and disposal unless rubbish stored outdoors is stored in one or more rubbish storage boxes or containers which are flytight, rodent proof, nonflammable and are reasonably waterproof; rubbish stored in the basement or cellar or in an enclosed structure such as a shed, is stored in nonflammable containers; no loose rubbish is placed upon or strewn about on the floor of any basement or cellar or other part of any dwelling or on the ground surrounding any dwelling. (11) Adequate garbage disposal facilities or garbage storage containers, type and location of which are approved by the health officer. Adequate garbage storage containers shall be one or more flytight and watertight metal garbage storage containers equipped with tightly fitting metal covers, or garbage is disposed of in a garbage grinder which grinds garbage finely, and is discharged into the kitchen sink drain in a sanitary manner. Every outside garbage disposal storage container is so maintained and so located on the premises that no odors will permeate any dwelling or dwelling units. No loose garbage is placed or strewn about on the floor of any basement or cellar or any other part of any dwelling, or on the ground surrounding any dwelling. (12) Open storage of abandoned or inoperable vehicles, ice boxes, glass, stoves and other appliances, building material, scrap piles, etc., shall not be allowed upon the lot, lots, streets, or alleys, or parcel of ground surrounding any dwelling unit or units. Storage of trailers shall not be allowed on streets or alleys surrounding any dwelling unit or units. All of the aforesaid minimum requirements shall be constructed and/or installed in accordance with the applicable ordinance(s) of the City of Atchison, regulating the same. 30 City Commission Agenda Packet February 2, 2015 The resolution sets forth the legal protocol for notifying owners and the public in regard to the demolitions. POLICY CONSIDERATION: The City Commission has prioritized creating a safer, healthier community and reducing neighborhood blight through its 2015 fiscal year appropriations for nuisance abatement and demolitions. RECOMMENDED ACTION: Adopt Resolutions No. 2974, 2975, 2976, and 2977. 31 City Commission Agenda Packet February 2, 2015 (FIRST PUBLISHED IN THE ATCHISON GLOBE ______________, 2015) RESOLUTION NO. 2974 A RESOLUTION AS TO WHY THE STRUCTURE LOCATED AT 613 WASHINGTON ST. SHOULD BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATCHISON, KANSAS: WHEREAS, the Governing Body of the City of Atchison, Kansas, recognizing it to be a matter of public welfare to protect its citizenry against the risk of dangerous structures; and WHEREAS, such Governing Body did upon the 15th day of December, 2014, passed a resolution directing that a “Show Cause Hearing” be held respecting the property hereinafter described as, to wit: Lot 4, Block 104, in that part of the City of Atchison, Kansas commonly known and designated as “Old Atchison”. WHEREAS, proper notice has been given pursuant to Section 34-59 and 34-60 of the Code of Ordinances, City of Atchison, Kansas; and WHEREAS, the Governing Body did have a show cause hearing on the 2nd day of February, 2015, pursuant to Section 34-57 et. seq., Code of Ordinances, City of Atchison, in regard to the property described above; and WHEREAS, said body, after hearing the evidence and the expert opinion presented by the Building Inspector, determined that the structure located on the above described property is unsafe and dangerous for the following reasons, to wit: The structure is severely dilapidated to such an extent that the structural strength or stability is materially less than it was before, and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location and it does not meet the minimum standards of the Housing code, Chapter 37, for the City of Atchison. 32 City Commission Agenda Packet February 2, 2015 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATCHISON, KANSAS: SECTION 1. That the owner herein, Lueanna White (deceased) and Gold Mine Investments, Inc., be ordered, pursuant to Section 34-61 of the Code of Ordinances of the City of Atchison to repair or remove said structure by the 2nd day of March, 2015. SECTION 2. That notice of this order is given in accordance with Section 34-61.1 of the Code of Ordinances of the City of Atchison. SECTION 3. That if said owner does not comply with the order set forth in Section 1. above, then the Building Inspector of the City of Atchison shall enter upon the premises with necessary workmen, pursuant to Section 34-64, of the Code of Ordinances of the City of Atchison, and shall proceed to secure or demolish and remove the structure from the real estate heretofore described. SECTION 4. This Resolution shall be in effect from and after its adoption and upon its publication once in the official City newspaper. ADOPTED, this __________ day of ____________________, 2015. ______________________________ DAVID W. BUTLER MAYOR ATTEST: __________________________________ DEBRA A. CLEM CITY CLERK 33 City Commission Agenda Packet February 2, 2015 (FIRST PUBLISHED IN THE ATCHISON GLOBE ______________, 2015) RESOLUTION NO. 2975 A RESOLUTION AS TO WHY THE STRUCTURE LOCATED AT 1212 SOUTH EIGHTH ST. SHOULD BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATCHISON, KANSAS: WHEREAS, the Governing Body of the City of Atchison, Kansas, recognizing it to be a matter of public welfare to protect its citizenry against the risk of dangerous structures; and WHEREAS, such Governing Body did upon the 15th day of December, 2014, passed a resolution directing that a “Show Cause Hearing” be held respecting the property hereinafter described as, to wit: The West Half of Lots 9 & 10, Block 37, South Atchison Addition to the City of Atchison, Kansas. WHEREAS, proper notice has been given pursuant to Section 34-59 and 34-60 of the Code of Ordinances, City of Atchison, Kansas; and WHEREAS, the Governing Body did have a show cause hearing on the 2nd day of February, 2015, pursuant to Section 34-57 et. seq., Code of Ordinances, City of Atchison, in regard to the property described above; and WHEREAS, said body, after hearing the evidence and the expert opinion presented by the Building Inspector, determined that the structure located on the above described property is unsafe and dangerous for the following reasons, to wit: The structure is severely dilapidated to such an extent that the structural strength or stability is materially less than it was before, and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location and it does not meet the minimum standards of the Housing code, Chapter 37, for the City of Atchison. 34 City Commission Agenda Packet February 2, 2015 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATCHISON, KANSAS: SECTION 1. That the owners herein, Frank and Robin Thomas, be ordered, pursuant to Section 34-61 of the Code of Ordinances of the City of Atchison to repair or remove said structure by the 2nd day of March, 2015. SECTION 2. That notice of this order is given in accordance with Section 34-61.1 of the Code of Ordinances of the City of Atchison. SECTION 3. That if said owner does not comply with the order set forth in Section 1. above, then the Building Inspector of the City of Atchison shall enter upon the premises with necessary workmen, pursuant to Section 34-64, of the Code of Ordinances of the City of Atchison, and shall proceed to secure or demolish and remove the structure from the real estate heretofore described. SECTION 4. This Resolution shall be in effect from and after its adoption and upon its publication once in the official City newspaper. ADOPTED, this __________ day of ____________________, 2015. ______________________________ DAVID W. BUTLER MAYOR ATTEST: __________________________________ DEBRA A. CLEM CITY CLERK 35 City Commission Agenda Packet February 2, 2015 (FIRST PUBLISHED IN THE ATCHISON GLOBE ______________, 2015) RESOLUTION NO. 2976 A RESOLUTION AS TO WHY THE STRUCTURE LOCATED AT 1114 PARALLEL ST. SHOULD BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATCHISON, KANSAS: WHEREAS, the Governing Body of the City of Atchison, Kansas, recognizing it to be a matter of public welfare to protect its citizenry against the risk of dangerous structures; and WHEREAS, such Governing Body did upon the 15th day of December, 2014, passed a resolution directing that a “Show Cause Hearing” be held respecting the property hereinafter described as, to wit: The East 45 Feet of Lot 2, Block X, in that part of the City of Atchison, Kansas commonly known and designated as “Old Atchison”. WHEREAS, proper notice has been given pursuant to Section 34-59 and 34-60 of the Code of Ordinances, City of Atchison, Kansas; and WHEREAS, the Governing Body did have a show cause hearing on the 2nd day of February, 2015, pursuant to Section 34-57 et. seq., Code of Ordinances, City of Atchison, in regard to the property described above; and WHEREAS, said body, after hearing the evidence and the expert opinion presented by the Building Inspector, determined that the structure located on the above described property is unsafe and dangerous for the following reasons, to wit: The structure is severely dilapidated to such an extent that the structural strength or stability is materially less than it was before, and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location and it does not meet the minimum standards of the Housing code, Chapter 37, for the City of Atchison. 36 City Commission Agenda Packet February 2, 2015 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATCHISON, KANSAS: SECTION 1. That the owner herein, Miriam Ava Dunavan, be ordered, pursuant to Section 34-61 of the Code of Ordinances of the City of Atchison to repair or remove said structure by the 2nd day of March, 2015. SECTION 2. That notice of this order is given in accordance with Section 34-61.1 of the Code of Ordinances of the City of Atchison. SECTION 3. That if said owner does not comply with the order set forth in Section 1. above, then the Building Inspector of the City of Atchison shall enter upon the premises with necessary workmen, pursuant to Section 34-64, of the Code of Ordinances of the City of Atchison, and shall proceed to secure or demolish and remove the structure from the real estate heretofore described. SECTION 4. This Resolution shall be in effect from and after its adoption and upon its publication once in the official City newspaper. ADOPTED, this __________ day of ____________________, 2015. ______________________________ DAVID W. BUTLER MAYOR ATTEST: __________________________________ DEBRA A. CLEM CITY CLERK 37 City Commission Agenda Packet February 2, 2015 (FIRST PUBLISHED IN THE ATCHISON GLOBE ______________, 2015) RESOLUTION NO. 2977 A RESOLUTION AS TO WHY THE STRUCTURE LOCATED AT 1429 ATCHISON ST. SHOULD BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATCHISON, KANSAS: WHEREAS, the Governing Body of the City of Atchison, Kansas, recognizing it to be a matter of public welfare to protect its citizenry against the risk of dangerous structures; and WHEREAS, such Governing Body did upon the 15th day of December, 2014, passed a resolution directing that a “Show Cause Hearing” be held respecting the property hereinafter described as, to wit: The West 50 Feet of Lot 8, Block 5, West Atchison (John Robert’s) Addition to the City of Atchison, Kansas. WHEREAS, proper notice has been given pursuant to Section 34-59 and 34-60 of the Code of Ordinances, City of Atchison, Kansas; and WHEREAS, the Governing Body did have a show cause hearing on the 2nd day of February, 2015, pursuant to Section 34-57 et. seq., Code of Ordinances, City of Atchison, in regard to the property described above; and WHEREAS, said body, after hearing the evidence and the expert opinion presented by the Building Inspector, determined that the structure located on the above described property is unsafe and dangerous for the following reasons, to wit: The structure is severely dilapidated to such an extent that the structural strength or stability is materially less than it was before, and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location and it does not meet the minimum standards of the Housing code, Chapter 37, for the City of Atchison. 38 City Commission Agenda Packet February 2, 2015 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATCHISON, KANSAS: SECTION 1. That the owner herein, Duane Denton, be ordered, pursuant to Section 3461 of the Code of Ordinances of the City of Atchison to repair or remove said structure by the 2nd day of March, 2015. SECTION 2. That notice of this order is given in accordance with Section 34-61.1 of the Code of Ordinances of the City of Atchison. SECTION 3. That if said owner does not comply with the order set forth in Section 1. above, then the Building Inspector of the City of Atchison shall enter upon the premises with necessary workmen, pursuant to Section 34-64, of the Code of Ordinances of the City of Atchison, and shall proceed to secure or demolish and remove the structure from the real estate heretofore described. SECTION 4. This Resolution shall be in effect from and after its adoption and upon its publication once in the official City newspaper. ADOPTED, this __________ day of ____________________, 2015. ______________________________ DAVID W. BUTLER MAYOR ATTEST: __________________________________ DEBRA A. CLEM CITY CLERK 39 City Commission Agenda Packet February 2, 2015 Commission Action Report Title: Replacement of Hangars at Amelia Earhart Airport Proposed Agenda Date: February 2, 2015 Presented by: Trey Cocking, City Manager BACKGROUND: On July 7th, 2014, a microburst or similar‐type wind event occurred at the Amelia Earhart Airport, destroying a building comprised of nine t‐hangar bays. Debris from that building, ranging from nails up to entire sections of roof, were strewn southward over the top of another set of hangars, settling up to 300 ft. away near the terminal area. Five city structures were directly affected by the event: the terminal, the maintenance hangar, the North t‐hangars, the South t‐hangars, and the fuel tank shelter. In addition to the damaged buildings, large sections of chain‐link fencing were damaged, a flag pole was destroyed, several trees were severely damaged, and the antenna that operates the runway lights had to be replaced. The recovery plan started immediately with debris removal. Truckloads of mangled metal and lumber were hauled away, and downed electric lines were disconnected. The remaining portions of the North t‐hangars were soon demolished in cooperation with the FBO and hangar tenants to ensure that trapped aircraft would not sustain further damages. The runway lighting antenna was also replaced as soon as possible. In September, the City Commission authorized staff to proceed with repairs to other areas of the airport including repairs to the fencing and other buildings. In September, the City hired PEC engineering to develop a request for price proposals for the hangar replacement at the airport, and then submitted a grant application to KDOT for state funding for the project. The City was notified that the grant application was unsuccessful because KDOT is currently focused on improving airport pavement conditions which present a more immediate need that building projects. The City received two bids for the reconstruction of the hangars, one from Bottoroff Construction of Atchison and the other from MAC Construction of Blue Springs, Missouri. Each company submitted four options, an 8 hangar unit, a 6 hangar unit, and then options for bi‐fold doors or sliding doors. 8 unit 6 unit Vendor Bi‐Fold Doors Sliding Doors Bi‐Fold Doors Sliding Doors MAC $ 472,233.86 $ 467,193.48 $ 389,982.44 $ 388,169.74 Bottorff $ 317,465.00 $ 303,392.00 $ 252,174.00 $ 251,392.00 40 City Commission Agenda Packet February 2, 2015 Bi‐fold doors allow the doors to open when debris, such as snow and ice, might block the sliding door tracks. The City Engineer and members of the Airport Advisory Board reviewed and scored the two proposals, with Bottorff Construction receiving a total score of 707 points and MAC Construction receiving a score of 468 points. FINANCIAL CONSIDERATIONS: The City of Atchison received an insurance settlement of $159,439.81 for the damage sustained, after applying depreciation and the City’s $10,000. The City has paid out a total of $31,686 in repairs, with $137,753 remaining for additional repairs including the $10,000 deductible. Based on the two proposals, and only committing City funds of the $10,000 deductible, the following rents would be needed to support the construction of the new hanger, and a 10‐year lease purchase: Vendor MAC Bottorff 8 unit Bi‐Fold Doors $ 418.95 $ 225.10 8 unit Sliding Doors $ 412.64 $ 207.48 6 unit Bi‐Fold Doors $ 421.24 $ 191.10 6 unit Sliding Doors $ 418.21 $ 189.79 City Staff needs to review the proposal with the Airport Advisory Group and obtain lease‐purchase bids from area banks before making a recommendation on proceeding. LEGAL CONSIDERATIONS: None. POLICY CONSIDERATION: None. RECOMMENDED ACTION: Receive and file. 41 City Commission Agenda Packet February 2, 2015 42 City Commission Agenda Packet February 2, 2015 43 City Commission Agenda Packet February 2, 2015 1/22/2014 Dear Members of the Evaluation Group, Bottorff Construction is pleased to provide a proposal as the general contractor for the Amelia Earhart Memorial Airport T‐Hangar Replacement. Bottorff Construction commits to and will provide the following: All material suppliers will provide shop drawing submittals for review directly by Bottorff Construction, who will then submit to Dave Mahoney. ( City Engineer) Dimension drawings, material specifications, control diagrams, electrical drawings/requirements, and required installation details/procedures will be provided for each component. All building components will confirm to the International; Building Code 2012 and City of Atchison standards. Drawings for metal buildings, electrical systems, and structural engineering will be prepared, sealed, and signed by a qualified Professional Engineer licensed to practice in the state of Kansas. Coordination for any necessary utility hook‐ups. Bottorff Construction will be the single point source of contact and will be responsible for all of the materials and services provided for the project. Contact Persons: o Justin Bottorff Phone: (913) 874‐5681 Cell: (913) 360‐3600 Fax: (913) 874‐4951 E‐mail: [email protected] o Christian Payne Phone: (913) 874‐5681 Cell: (913) 514‐2667 Fax: (913) 874‐4951 E‐mail: [email protected] Christian and/or Justin will provide responses to emailed questions within eight business hours or less during the selection process. Bottorff Construction will meet the conditions of the project components as they apply to the project. Bottorff Construction will furnish, erect, and maintain all barricades, warning signs and markings for hazards necessary to protect the public and work. Barricades, warning signs, and hazard markings will be illuminated during periods of darkness. Bottorff Construction will comply with the provided City of Atchison Standard Construction Agreement. 44 City Commission Agenda Packet February 2, 2015 References: Wenger Manufacturing – East Addition Contact: Dave Eisenbise Phone: (785) 284 ‐ 2133 Fax: (785) 284 ‐ 3771 E‐mail: [email protected] Copeland Development – Liberty Hospital Contact: Kevin Billups Phone: (660) 707 ‐ 1412 Fax: (660) 707 ‐ 1425 E‐mail: [email protected] Al J Mueller ‐ MHC Tilt‐Up Contact: Larry McPhee Phone: (816) 233 ‐ 6055 Fax: (816) 233 ‐ 3209 E‐mail: [email protected] City of Atchison – Incidental Concrete Improvements Contact: Dave Mahoney, P.E. Phone: (913) 367 ‐ 5500 Fax: (913) 367 ‐ 3654 E‐mail: [email protected] United Insulated Structures ‐ Affiliated Foods Midwest Contact: Frank Maratea Phone: (708) 544 ‐ 8200 Fax: (708) 544 ‐ 8274 E‐mail: [email protected] Thank you for the opportunity, Christian J Payne Christian Payne Project Manager 45 City Commission Agenda Packet February 2, 2015 Submittal Questions 1. A summary of information about your firm including background, history, office location(s), staff size, predominant project work areas, bonding capacity, current use of AutoCAD, GPS and/or other electronic construction aids, etc.(x2) Bottorff Construction was founded in 1982 by Mark Bottorff. Our company focuses on agricultural, commercial, industrial and residential construction. We are well diversified and capable of taking on any size project. We have two office locations, one in Olathe and our original location in Atchison. Our office staff consists of Justin Bottorff (President), Jerry Ernzen (Head of Operations), William Pettit (Head Estimator/Project Manager), Luke Mitchell (Estimator/Project Manager), and Christian Payne (Estimator Project Manager). We employ 13 site superintendents and over 60 field employees. Our predominant project work areas include: Atchison, Kansas City, Topeka, and St. Joe. We have worked in the far West in Arizona and East to Chicago. Bottorff’s bonding capacity is $3 Million per project, $6 million aggregate. We currently utilize AutoCAD in many of our projects to help assist in building design and layout. 2. How many previous projects have you successfully completed for the OWNER? Please indicate the projects. (x2) Atchison Airport Parking Apron 4th Street Brick Restoration Commercial Street Improvements Street Improvements for City of Atchison: Incidental Concrete Improvements. Concrete Replacement: Atchison, Topeka, and Santa Fe Depot. Atchison Street Repair: 3rd and Parallel Atchison City Sidewalk Program 3. Does your firm have the capacity to complete this project within the given time frame, and with inclement weather impacts considered? (x2) Bottorff Construction has the capacity to complete the project within the 180 calendar days including any inclement weather impacts. Our only concern is the lead time on the building. The supplier requests 12- 14 weeks after approved plans have been signed. 4. Information outlining previous construction experience(s) with T-hangar or box type aviation hangars with bi-fold or sliding doors. (x10) General contracted the construction of six individual hangars with bi-fold doors. General contracted one metal building with bi-fold doors. 46 City Commission Agenda Packet February 2, 2015 5. Provide a listing of subcontractors that you intend to employ and associated tasks/activities of the subcontractors (Paving, earthwork electrical or other trades associated with this project). Provide locations for projects where you have worked as a team. (x5) Hawk Electric - Electrical Bartlett Grain Office – Atchison, KS Everest Water Treatment Facility – Everest, KS 800 West Ironwood Remodel – Olathe, KS 605 Kansas – Atchison, KS 6. Your firm’s project approach/schedule, from demolition to final completion to meet the challenges of the project, site, and schedule. Indicate if a similar approach and schedule of events were used on previous projects (where applicable). (x10) Design and Permits – 3 weeks Sitework – 1 week Foundations – 1 week Concrete Slab – 3 days Steel Delivery (12-14 weeks from signed approved plans for delivery) Steel Erection – 3 weeks Electrical Rough-in – 1 week Roofing – 1 week Door Installation – 1 week 47 City Commission Agenda Packet February 2, 2015 7. Proposed access plan and safety plan with the goal to minimize impact to existing access roads and minimal disruption to aircraft operations. (x2) Proposed Site Access Plan Construction work area will be barricaded just north of paving at the existing hangars. Safety: We propose to barricade the construction work zone to the North of the existing hangar. Fencing will be placed on the West and South side of the construction site. We will keep all paved areas free of debris. Workers will not be allowed outside the barricaded area. We intend to keep the airport fully operational and not disturb any air traffic. 8. Proposed staff assignments to the project with resumes and/or background information on experience. (x1) Justin Bottorff – Project Manager (12 years’ experience) Christian Payne - Project Engineer (4 years’ experience) Jim Ellerman - Job Site Superintendent (25+ years’ experience) Jordan Hawk – Safety Director (7 years’ experience) 48 City Commission Agenda Packet February 2, 2015 9. Indicate specific areas where you believe that your firm could provide a value oriented solution as an alternative and/or supplement to indicated design(s), configurations, materials, locations, etc. (x10) Our office location 3 miles from the jobsite allows us to manage this project more efficiently. There will be less staging area required and we will not need a jobsite office trailer. 10. Are there any special additional features or services you will provide as part of your proposal price? (x5) Our number includes removing the existing pavement sections to the demolished T-hangar. We propose to remove the sections and replace them with concrete pavement to match the new hangars. We have a construction team that is passionate about our local airport. 11. What additional alternate features or services could you provide and what would be the additional price? (x5) We can price any alternates upon request. Alternate removal of required performance bond. Price would be – 1.5% of contract amount. 49 City Commission Agenda Packet February 2, 2015 50 City Commission Agenda Packet February 2, 2015 51 City Commission Agenda Packet February 2, 2015 52 City Commission Agenda Packet February 2, 2015 53 City Commission Agenda Packet February 2, 2015 54 City Commission Agenda Packet February 2, 2015 55 City Commission Agenda Packet February 2, 2015 SECTION 3: PROPOSAL FORM PRICED PROPOSAL FOR: THE CITY OF ATCHISON, KANSAS AMELIA EARHART AIRPORT T-HANGAR REPLACEMENT BID TO: The Mayor and City Commission Atchison, Kansas 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and w ithin the Contract T ime indicated in this Bid and in accordan ce with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the day of proposal opening. Bidder w ill sig n and submit the Ag reement w ith the Bonds and other documents required by the Project Manual within fifteen days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in Agreement, that: a. Bidder has ex amined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number Date Num ber Addendum #1 ______________ 12/18/2014 _______________ _______________ ______________ _______________ _______________ ______________ ______________ b. Bidder has familiarized itself with the nature and extent of the Contract Documents, work, site, locali ty and a ll local conditions and Law s and Reg ulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Bidder has given Owner written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Bidder. d. This Bid is genuine and not made in the interest of or on behalf of any undisclosed 3-1 56 City Commission Agenda Packet February 2, 2015 person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not soug ht by collusion to obt ain for itself any advantage over any other Bidder or over Owner. 4. BASE BID: 8 Unit T-hangar with Bifold Doors $ $317,465.00 . Three hundred seventeen thousand four hundred sixty-five dollars and zero cents (WRITTEN DOLLAR AMOUNT FOR BASE BID) 5. ALTERNATE BIDS: The bidder will complete improvement work for the following unit prices: This shall include all costs to complete this work. Alternate A: 8 Unit T-hangar with Sliding Doors $ $303,392.00 . Three hundred three thousand three hundred ninety-two dollars and zero cents (WRITTEN DOLLAR AMOUNT FOR ALTERNATE “A”) Alternate B: 6 Unit T-hangar with Bifold Doors $ $252,174.00 . Two hundred fifty-two thousand one hundred seventy-four dollars and zero cents (WRITTEN DOLLAR AMOUNT FOR ALTERNATE “B”) Alternate C: 6 Unit T-hangar with Sliding Doors $ $251,392.00 . Two hundred fifty-one thousand three hundred ninety-two dollars and zero cents (WRITTEN DOLLAR AMOUNT FOR ALTERNATE “C”) 6. Bidder agrees that the work will be substantially complete within one hundred twenty (120) calendar days after the date when the contract time commences to run. Bidder agrees that the work and demobilization will be completed and ready for final payment within one hundred fifty (150) calendar days after the date when the Contract Time commences to run. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of f ailure to complete the W ork on time. Bidder accepts the prov isions of Article 3, Contract Time, of the Standard Form of Agreement. 7. The following documents are attached to and made a condition of this Bid: 3-2 57 City Commission Agenda Packet February 2, 2015 58 City Commission Agenda Packet February 2, 2015 59 City Commission Agenda Packet February 2, 2015 60 City Commission Agenda Packet February 2, 2015 61 City Commission Agenda Packet February 2, 2015 62 City Commission Agenda Packet February 2, 2015 63 City Commission Agenda Packet February 2, 2015 64 City Commission Agenda Packet February 2, 2015 65 City Commission Agenda Packet February 2, 2015 66 City Commission Agenda Packet February 2, 2015 900 N.W. HUNTER DR. SUITE 2 SOUTH BLUE SPRINGS, MO 64015 PHONE: 816-229-6090 FAX: 816-229-6093 January 17, 2015 City of Atchison Re: T-Hangar Construction Amelia Earhart Memorial Airport Atchison, Ks. PEC Project No. 14G39 CONFIRMATIONS A. Shop drawings will be provided for review and approval. B. All building components will comply with the 2012 IBC and City of Atchison standards. C. All necessary drawings will be prepared and sealed by a Professional Engineer licensed to practice in Kansas. D. We will coordinate utility hook-ups. E. M.A.C. is a design/build general contractor and we are always responsible for all facets of our projects. We will also be the only contact on this project. F. See attached list. G. Robert Andrew will be the contact person during the initial phases of the project, although it may be assigned to another project manager after the design phase is completed. [email protected] H. Robert Andrew will be available to answer questions any time. I. We will design and build the project in accordance with the project manual, and this proposal. J. We will provide and erect all necessary barricades that are required to maintain safe operations on the field, including warning lights. K. We will comply with the construction agreement. SUBMITTAL QUESTIONS 1. Summary of information about M.A.C. M.A.C. Corporation of Kansas is a spinoff of an architectural and engineering firm, Metropolitan Architects Collaborative, and was founded in 1978. We are a nationally recognized design/build firm, and we are able to do business in 41 states. Our main office is in Blue Springs, Mo., and we have satellite offices in California and North Dakota. M.A.C. in engaged in the design and construction of all types of commercial, industrial, and institutional buildings. We 67 City Commission Agenda Packet February 2, 2015 rarely bond work, so were not sure of our bonding capacity, but would assume it to be in excess of $5 mil. We use AutoCad, Revit, and AutoSketch, along with other engineering software, as drafting and design aids. See the attached brochure. 2. We have not completed any other projects for the City of Atchison. 3. Yes, we have the capacity to complete the project within 180 calendar days. 4. Although in the 37 years that M.A.C. has been in the design/build business, we have designed and/or build over 200 pre-engineered metal buildings ranging in size from 3,000 sf. to 148,000 sf., totaling nearly 10 million square feet; we have limited THangar experience. We are currently donating our services to design and build a new 80’ x 80’ x 14’ hangar, with a 40’ bi-fold door for EAA Chapter 91, at the Lee’s Summit Airport, and we are currently building a new 10 unit T-Hangar for the City of Ottawa, Ks. M.A.C. has designed three other T-Hangars which never got built, and two large commercial corporate hangars which never got built. We have been on the tenant side of the equation, having parked our planes in a T-Hangar since 1973, so we know what works and what does not work well. We currently have a P35 Bonanza based at the Lee’s Summit airport, in a T-Hangar. 5. We will utilize either FulFab or Erect-a-Tube for the pre-engineered building system. EEI for the electrical, and All American Construction for the concrete work. All other work will be performed by M.A.C. We have worked with these subcontractors on numerous other projects. 6. See the attached schedule. We use the same methodology on every project we build. 7. We have a safety plan, modeled around the current OSHA guidelines, which is several hundred pages, and is available for review, at your request, but we didn’t feel it appropriate include with this proposal. For airport safety, we will maintain barricades with flashing lights, not to exceed 18” in height, to alert pilots, and identify potential hazards, in accordance with FAA requirements. 8. See the attached resumes. 9. In the preparation of this proposal, we have gone through the exercise of value engineering the project, so that we could submit an accurate and comprehensive proposal. The only other economy we could develop is reducing the amount of the existing concrete that we are removing as part of this project. See the attached site plan. Considering the alternates, there aren’t any additional areas for value engineering. 10. We will provide the engineering services required to prepare the working/permit drawings, and we will self-perform the excavation and grading. Beyond the normal scope of design/build services, a simplistic project such as the T-Hangars does not allow for special features or services. 11. The only additional alternate we can propose is to reduce the amount of concrete paving we remove. The DEDUCT alternate for deleting approximately 1,000 sf. of existing concrete paving is $1,632.00. 12. See the attached bid form. BID CLARIFICATION AND EXCEPTIONS 1. The hangars will have a galvalume roof finish, which is the industry standard roof finish. This was not specifically addressed in the bid specifications. 68 City Commission Agenda Packet February 2, 2015 2. A 10% deposit is required upon placing the order for the pre-engineered metal building system, and the balance is due upon delivery. The owner shall make the deposit payment and the payment upon delivery of the building. 3. We found no specific reference to Davis-Bacon prevailing wages and there was no reference to a wage determination, so we have not made provisions for prevailing wages. 4. The sliding door option will not include walk doors incorporated into the sliding doors. Access will be through opening the sliding door. Walk doors and sliding doors are not compatible. 5. The performance and payment bond will be billed when submitted to the owner, and paid by the owner as part of the first billing. 6. Architectural and engineering services will be defined on the schedule of values and paid, by the owner, independent from construction related billings. 7. Dirt spoils and concrete removed from the building site will be wasted on site, in the area north east of the building site. The spoils will be graded uniformly and seeded. 8. Seeded areas around the building site will be watered by M.A.C. for 14 days. 9. We have included 2’ of over excavation under and around the perimeter of the building footprint, and replacement of the soil with low volume change material such as AB-3, in accordance with the geotechnical report. 10. All materials for subgrade preparation will be materials readily available from local quarries. No P-209 will be utilized. 11. Standard details from the pre-engineered building manufacturer will be used. Thanks for allowing M.A.C. the opportunity to submit this proposal. With best regards, M.A.C. CORPORATION Robert Andrew President RWA/pb Attachment Cell Phone 816-215-3430 69 City Commission Agenda Packet February 2, 2015 “Where Grand Openings Begin” 70 City Commission Agenda Packet February 2, 2015 M.A.C. Corporation Key Personnel: Robert Andrew – President: Robert W. Andrew graduated from Wichita State University, with a Bachelor of Science degree in Civil Engineering. Directly out of school, he became an engineer in training with Skelly Oil Company, and later with Shannon Wilson, an international consulting firm. From 1973 to 1978, he was the Vice President of Pool and Canfield Construction. In 1978, he co-founded M.A.C. Corporation, a commercial, institutional, and industrial design build construction and development firm, with Jim Dent, a highly acclaimed architect. M.A.C. and affiliated companies have put in place more than $400,000,000.00 worth of development and design build projects in 12 states, throughout the Midwest. Mr. Andrew founded Store Fixture Systems, in 1985, and Image Real Estate, a commercial real estate brokerage business in 1995, as part of a vertical integration plan. He has been very active in civic affairs, supporting local charities, serving on the board of the home owners associations at the Lake of the Ozarks, and at his principal residence. In 2005, Mr. Andrew was recognized as Missouri Businessman of the Year, by the National Republican Congressional Committee, and served on George W. Bush’s Tax Advisory Council. Mr. Andrew was a founding member and served on the Board of the Blue Springs Economic Development Corporation for three years, the board of the Blue Springs Chamber of Commerce for three years, served as chairman of a regional economic development group, serves on the Jackson County Mass Transit task force, served on the City of Kansas City, Missouri budget task force, and is co-chairman of the Renew the Blue Economic Development Key Performance Area. Robert has been active in the real estate development business, and thru associated companies owns and manages 22,000 sf. of commercial and industrial property, down from a peak of 64,200 sf. in 2007, and currently has approximately 20,000 sf. of commercial property on the drawing boards. He also owns three tax credit multi-family residential projects, with a partner. Rel Roberts – Project Manager: Rel Roberts has a degree from Longview College in Business Technology and over 12 years of experience in construction and project management. Prior to working with M.A.C. Corp, Rel had worked as an HVAC technician and worked his way into a project Management role. When M.A.C. Corp recruited Rel, his primary function was a Field Engineer and was responsible for on site management, sub-contractor coordination, scheduling, and on-site safety and supervision. Rel became the Lead Project Manager for M.A.C. Corp 5 years ago and has provided a tremendous value, both to his company, and his company’s clients. His expertise and responsibilities include budgeting, project details, quantity takeoffs, estimating, supply sourcing, project scheduling, and subcontractor and vendor communications. Wayne Armstrong – Superintendent: Wayne Armstrong has 42 years of construction and project management experience along with an Associate degree in Computer Programming from Metropolitan Junior College. Wayne began his 18 years of residential construction experience as a laborer and worked his way up to lead carpenter and superintendent. During this time he managed everything from ground breaking to move in and constructed homes ranging from $80,000 to $1.3 million. Wayne also has 23 years in commercial construction of which 22 of those years has been with M.A.C Corp. While with M.A.C. Corp his roles have included Project Manager, Estimator, and Superintendent. Wayne is a United States Army veteran and served from 1969 to 1971. 71 City Commission Agenda Packet February 2, 2015 References: MR. DAVE ACHTEN - CARTER ENERGY 6000 METCALF, SUITE 200 OVERLAND PARK, KS 66202 913 - 643 - 2300 913 - 709 - 8684 C-STORES & OVER 65 OTHER PROJECTS THROUGHOUT KANSAS, MISSOURI, OKLAHOMA, TEXAS, ARKANSAS, MISSISSIPPI, & LOUISIANA. PROJECTS RANGED FROM $50,000 - $600,000 AND TOTALED MULTIPLE MILLIONS. MR. MIKE GIBBS - AIRGAS 253 N. SANTA FE SALINA, KS 67401 785 - 817 - 7024 800 - 889 - 9135 VARIOUS C-STORE PROJECTS THROUGHOUT MISSOURI, KANSAS, & COLORADO. PROJECTS RANGED FROM $850,000 - $3,000,000 AND TOTALED MULTIPLE MILLIONS. MR. MARK ABELN - ABELN & ASSOCIATES 11827 W. 112 STREET, SUITE 102 OVERLAND PARK, KS 66210 913 - 345 - 8833 CONSTRUCTION OF MULTIPLE FAZOLI’S ITALIAN RESTAURANTS IN OKLAHOMA AND A VALVOLINE INSTANT OIL CHANGE IN MISSOURI. 72 City Commission Agenda Packet February 2, 2015 Sub-Contractors: Gary Colburn EEI Electrical Enterprises 414 W Wilson St Ottawa, KS (785) 242-7971 Tim Wilson Erect a Tube, Inc. 701 W. Park Street Harvard, IL 66033-0100 (815) 943-4091 x213 Joe Lampen Lampen Engineering, Inc. 1118 West Main Street Blue Springs, MO 64015 (816) 220-0246 Mike Curran All American Contracting, LLC P.O. Box 218 Blue Springs, MO 64013 816-215-7747 73 City Commission Agenda Packet February 2, 2015 SECTION 3: PROPOSAL FORM PRICED PROPOSAL FOR: THE CITY OF ATCHISON, KANSAS AMELIA EARHART AIRPORT T-HANGAR REPLACEMENT BID TO: The Mayor and City Commission Atchison, Kansas 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the day of proposal opening. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Project Manual within fifteen days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in Agreement, that: a. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number Date Number 12-18-2014 _______________ #1 _______________ ______________ ______________ _______________ _______________ ______________ ______________ b. Bidder has familiarized itself with the nature and extent of the Contract Documents, work, site, locality and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Bidder has given Owner written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Bidder. d. This Bid is genuine and not made in the interest of or on behalf of any undisclosed 3-1 74 City Commission Agenda Packet February 2, 2015 person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. BASE BID: 8 Unit T-hangar with Bifold Doors $ 472,233.86 . Four-Hundred & Seventy-Two-Thousand, Two-Hundred & Thirty-Three & 86/100 (WRITTEN DOLLAR AMOUNT FOR BASE BID) 5. ALTERNATE BIDS: The bidder will complete improvement work for the following unit prices: This shall include all costs to complete this work. Alternate A: 8 Unit T-hangar with Sliding Doors $ 467,193.48 . Four-Hundred & Sixty-Seven-Thousand, One-Hundred & Ninety-Three & 48/100 (WRITTEN DOLLAR AMOUNT FOR ALTERNATE “A”) Alternate B: 6 Unit T-hangar with Bifold Doors $ 389,982.44 . Three-Hundred & Eighty-Nine-Thousand, Nine-Hundred & Eighty-Two & 44/100 (WRITTEN DOLLAR AMOUNT FOR ALTERNATE “B”) Alternate C: 6 Unit T-hangar with Sliding Doors $ 388,169.74 . Three-Hundred & Eighty-Eight-Thousand, One-Hundred & Sixty-Nine & 74/100 (WRITTEN DOLLAR AMOUNT FOR ALTERNATE “C”) 6. Bidder agrees that the work will be substantially complete within one hundred twenty (120) calendar days after the date when the contract time commences to run. Bidder agrees that the work and demobilization will be completed and ready for final payment within one hundred fifty (150) calendar days after the date when the Contract Time commences to run. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. Bidder accepts the provisions of Article 3, Contract Time, of the Standard Form of Agreement. 7. The following documents are attached to and made a condition of this Bid: 3-2 75 City Commission Agenda Packet February 2, 2015 76 City Commission Agenda Packet February 2, 2015 77 City Commission Agenda Packet February 2, 2015 78 City Commission Agenda Packet February 2, 2015 79 City Commission Agenda Packet February 2, 2015 City of Atchison, Kansas T-Hangar Replacement Scoring Sheet Amelia Earhart Memorial Airport Reviewed By: Submittal Review and Scoring of Contractor __________________ Item # 1 Completed Score (0 - 10) Yes No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 6 Yes No 7 Yes No 8 Yes No 9 Yes No 10 Yes No 11 Yes No 12 Yes No 80 Score P:\2014\14G39\000\Planning\Working RFPP\Atchison RFPP Review Sheets.xlsx Comments 1/22/2015 City Commission Agenda Packet February 2, 2015 81 City Commission Agenda Packet February 2, 2015 Commission Action Report Title: Airport Capital Improvement Program Submissions to FAA Proposed Agenda Date: February 2, 2015 Presented by: Justin Pregont, Director of Public Works & Utilities BACKGROUND: Annually, the City of Atchison is required to submit an updated 5‐year Airport Capital Improvement Plan (ACIP) to the Federal Aviation Administration (FAA) for inclusion in the National Plan of Integrated Airport Systems (NPIAS). Submission of the ACIP is the first step in acquiring FAA funding for the projects. The City has until February 16, 2015 to submit projects for inclusion in NPIAS. The Airport Advisory Board has reviewed the proposed ACIP and recommends approval. FINANCIAL CONSIDERATIONS: If ACIP projects are approved and accepted by the FAA, they are funded at 90% federal funds and 10% city funds. The City Commission will still have full review and authority of contracts for engineering and construction as each project is developed. LEGAL CONSIDERATIONS: None. POLICY CONSIDERATION: This will help the City to budget for the Airport CIP in its Capital Improvement Program. The proposed projects will be discussed and analyzed during the 2016 budget process. RECOMMENDED ACTION: Authorize the City Manager to sign ACIP submissions to FAA. 82 City Commission Agenda Packet February 2, 2015 Amelia Earhart Memorial Airport Airport K59 FAA Identifier FEDERAL AIRPORT IMPROVEMENT PROGRAM (AIP) PRE-APPLICATION FFY 2016 CHECKLIST Please attach the following documents with your application: Sponsor Identification Sheet for the Airport CIP Data Sheet (one for each project listed in the first 3 years of the CIP) and detailed cost estimate for each data sheet. 5-year Capital Improvement Program (CIP) Long Range Needs Assessment Verification of an updated ALP (when applying for new construction of buildings or airfield expansion) Verification of completed environmental processing in accordance with NEPA (either an Environmental Assessment FONSI date or a Categorical Exclusion acceptance). Verification of completed land acquisition or signed purchase agreement. Verification of pavement maintenance program (when applying for pavement preservation or reconstruction) If requesting Federal assistance for snow removal equipment, please include an inventory of the existing equipment and calculations based on Chapters 4 & 5 of the Airport Winter Safety and Operations, Advisory Circular (AC) 150/5200-30 and the Airport Snow and Ice Control Equipment, AC 150/5220-20 showing the minimum equipment needed, along with the ACIP Data Sheet. Include a copy of a completed FAA Snow Plow Design Spreadsheet (available here: http://www.faa.gov/airports/central/airports_resources/media/sre.xls). If requesting Federal assistance for general aviation apron expansion, include a copy of a completed GA Apron Design spreadsheet (available here: http://www.faa.gov/airports/central/airports_resources/media/apron_area.xls). If requesting pavement reconstruction, submit an engineering report showing the need for the reconstruction as part of the CIP justification. For revenue-producing facilities (i.e., fueling facilities and hangars), please submit: 1) a statement that airside development needs are met or include a financial plan to fund airside needs over the next 3 years; 2) a statement that all runway approach surfaces are clear of obstructions (the FAA Airport 5010 should show at least a 20:1 clear approach), and; 3) justification for the project. SAM (formerly CCR) Registration is up-to-date. Please email application and supporting documents to [email protected] Hardcopies may be snailmailed to FAA Airports Division, ACE-611D Attn: Jeffrey D. Deitering, P.E. 901 Locust, Room 364 Kansas City, MO 64106 83 City Commission Agenda Packet February 2, 2015 FEDERAL AIRPORT IMPROVEMENT PROGRAM (AIP) PRE-APPLICATION FFY 2016 AIRPORT SPONSOR IDENTIFICATION Airport Name: Amelia Earhart Memorial Airport Airport Sponsor Name: Contact Person: City of Atchison, Kansas Title: City Engineer David Mahoney Complete Mailing Address: 515 Kansas Ave. Atchison KS 66002 State ZIP Code City E-mail Address: Daytime Phone: 913-367-5560 FAX Number: 913-367-5531 [email protected] U.S. Congressional District Number: Tax Identification Number: Two 48-6025033 Dun and Bradstreet Number (DUNS): 00-384-6235 You MUST have a current System for Award Management (SAM) registration to receive a grant Register at https://www.sam.gov Please email application and supporting documents to [email protected] Hardcopies may be snailmailed to FAA Airports Division, ACE-611D Attn: Jeffrey D. Deitering, P.E. 901 Locust, Room 364 Kansas City, MO 64106 84 City Commission Agenda Packet February 2, 2015 FIVE-YEAR AIRPORT CAPITAL IMPROVEMENT PROGRAM (CIP) Airport Name: Amelia Earhart Memorial Airport Prepared By: Lochner Date Prepared: Telephone: 913-367-5560 Date Approved: January 29, 2015 Project Description Funding Source FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Future Runway 9-27 Phase I -- Land Federal State Local Total $ 450,000 $ $ 50,000 $ 500,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Future Runway 9-27 Phase II -- Design and Aeronautical Survey Federal State Local Total $ $ $ $ $ 360,000 $ $ 40,000 $ 400,000 $ $ $ $ $ $ $ $ $ $ $ $ Reconstruct Partial Parallel Taxiway Federal State Local Total $ $ $ $ $ $ $ $ $ 756,000 $ $ 84,000 $ 840,000 $ $ $ $ $ $ $ $ Future Runway 9-27 Phase III -- Grading Federal State Local Total $ $ $ $ $ $ $ $ $ 1,080,000 $ $ 120,000 $ 1,200,000 $ $ $ $ $ $ $ $ Future Runway 9-27 Phase IV -- Paving & MIRL System Federal State Local Total $ $ $ $ $ $ $ $ $ $ $ $ $ 2,700,000 $ $ 300,000 $ 3,000,000 $ $ $ $ Federal State Local Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 85 City Commission Agenda Packet February 2, 2015 86 City Commission Agenda Packet February 2, 2015 AMELIA EARHART MEMORIAL AIRPORT ATCHISON, KANSAS ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST January 29, 2015 Land Acquisitions' for Future Runway 9-27 J:\AEP\AIRPORT ENGINEERS\FORMS\ACIP\Kansas\Atchison\FY 2016\[ACIP Estimates.xls]Parallel ITEM NO. ITEM DESCRIPTION 1 2 3 Fee Simple Avigation Easments Land Acquisition Services UNIT QUANTITY Acre Acre L.S. 150 30 1 UNIT COST $ $ $ 2,500.00 1,000.00 95,000.00 LOCAL FAA COST (10%) COST (90%) TOTAL $37,500.00 $337,500.00 $3,000.00 $27,000.00 $9,500.00 $85,500.00 $375,000.00 $30,000.00 $95,000.00 TOTAL PROJECT COSTS $ 50,000 $ 450,000 $ 500,000 TOTAL PROJECT COSTS ROUNDED $ 50,000 $ 450,000 $ 500,000 87 City Commission Agenda Packet February 2, 2015 88 City Commission Agenda Packet February 2, 2015 89 City Commission Agenda Packet February 2, 2015 AMELIA EARHART MEMORIAL AIRPORT ATCHISON, KANSAS ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST January 29, 2015 Reconstruct Partial Parallel Taxiway J:\AEP\AIRPORT ENGINEERS\FORMS\ACIP\Kansas\Atchison\FY 2016\[ACIP Estimates.xls]Parallel ITEM NO. ITEM DESCRIPTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Mobilization Temporary Marking, Lighting and Barricades Concrete Pavement Removal Asphalt Pavement Removal (Stockpile for Recycle) Pavement Marking Removal Saw Cut Removal of Lighting System Removal of Existing Airport Structures Abandon Tie-Down Anchors Unclassified Excavation Borrow Excavation (Obtained off Site) Erosion Control Barrier (Straw Bales) Erosion Control Barrier (Silt Fence) Permanent Transition Mat 9" Fly Ash Treated Subgrade Fly Ash 4" Recycled Aggregate Subbase Course 6" P.C.C. Pavement Reflectorized Pavement Marking Non-Reflectorized Pavement Marking Temporary Non-Reflectorized Pavement Marking 18" RCP 18" RCP End Section Seeding Mulching A Underground Cable (1-2/c, #8, Type UF Cable with Ground) Bare Counterpoise W ire (#6 AWG) Installed in Same Trench as Conductors Bare Counterpoise W ire (#6 AWG) Installed in Separate Trench Cable Trenching 2-4" PVC, Schedule 40, Concrete Encased Electrical Duct Junction Box L.I.T.L. Stake Mounted (Blue Lens) Tie-Down Anchors (Anchor Rods) Tie-Down Anchors Retrofit (Mooring Eye) UNIT COST LOCAL FAA COST (10%) COST (90%) UNIT QUANTITY L.S. L.S. S.Y. S.Y. 1 1 200 9,300 $ $ $ $ 50,000.00 6,000.00 6.00 4.00 S.F. L.F. L.S. L.S. Each C.Y. C.Y. L.F. L.F. S.Y. S.Y. Tons S.Y. S.Y. S.F. S.F. S.F. L.F. Each Acre cre L.F. 1,850 450 1 1 9 5,400 1,300 140 120 4 9,300 500 9,300 8,750 4,900 6,300 4,850 100 2 6 6 1,300 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1.50 5.00 300.00 500.00 100.00 6.00 10.00 10.00 3.00 30.00 4.00 50.00 5.00 45.00 3.00 1.50 1.50 40.00 500.00 800.00 800.00 2.00 L.F. 200 $ 2.00 $40.00 $360.00 $400.00 L.F. 600 $ 2.00 $120.00 $1,080.00 $1,200.00 L.F. L.F. 900 175 $ $ 2.00 40.00 $180.00 $700.00 $1,620.00 $6,300.00 $1,800.00 $7,000.00 Each Each Each Each 1 10 6 6 $ $ $ $ 900.00 300.00 200.00 500.00 $90.00 $300.00 $120.00 $300.00 $810.00 $2,700.00 $1,080.00 $2,700.00 $900.00 $3,000.00 $1,200.00 $3,000.00 $717,980.00 $5,000.00 $600.00 $120.00 $3,720.00 TOTAL $45,000.00 $5,400.00 $1,080.00 $33,480.00 $50,000.00 $6,000.00 $1,200.00 $37,200.00 $277.50 $2,497.50 $225.00 $2,025.00 $30.00 $270.00 $50.00 $450.00 $90.00 $810.00 $3,240.00 $29,160.00 $1,300.00 $11,700.00 $140.00 $1,260.00 $36.00 $324.00 $12.00 $108.00 $3,720.00 $33,480.00 $2,500.00 $22,500.00 $4,650.00 $41,850.00 $39,375.00 $354,375.00 $1,470.00 $13,230.00 $945.00 $8,505.00 $727.50 $6,547.50 $400.00 $3,600.00 $100.00 $900.00 $480.00 $4,320.00 $480.00 $4,320.00 $260.00 $2,340.00 $2,775.00 $2,250.00 $300.00 $500.00 $900.00 $32,400.00 $13,000.00 $1,400.00 $360.00 $120.00 $37,200.00 $25,000.00 $46,500.00 $393,750.00 $14,700.00 $9,450.00 $7,275.00 $4,000.00 $1,000.00 $4,800.00 $4,800.00 $2,600.00 Total Construction Cost $ 68,628 $ 617,652 Construction Services $ 6,000 $ 114,000 $ 120,000 TOTAL PROJECT COSTS $ 74,628 $ 731,652 $ 837,980 TOTAL PROJECT COSTS ROUNDED $ 84,000 $ 756,000 $ 840,000 90 City Commission Agenda Packet February 2, 2015 91 City Commission Agenda Packet February 2, 2015 92 City Commission Agenda Packet February 2, 2015 AIRPORT LONG RANGE NEEDS ASSESSMENT FFY 2021 – FFY 2025 Airport Name: Amelia Earhart Memorial Airport Description of Project (include estimated Fiscal Year) Funding Source Total Estimated Cost Construct T-Hangar (FY-21) Federal: 90% State: Local: 10% Total: 100% $ 225,000 $ $ 25,000 $ 250,000 Construct Taxilanes (FY-23) Federal: 90% State: Local: 10% Total: 100% $ 315,000 $ $ 35,000 $ 350,000 Aquire Snow Removal Equipment (FY-24) Federal: 90% State: Local: 10% Total: 100% $ 121,500 $ $ 13,500 $ 135,000 Reconstruct Runway 16-34 (FY-25) Federal: 90% State: Local: 10% Total: 100% $ 1,989,793 $ $ 221,088 $ 2,210,881 Federal: State: Local: Total: $ $ $ $ Federal: State: Local: Total: $ $ $ $ 93 City Commission Agenda Packet February 2, 2015 Commission Action Report Title: Water Treatment Plant Filter Improvements Design Contract Proposed Agenda Date: February 2, 2015 Presented by: Justin Pregont, Director of Public Works & Utilities BACKGROUND: The water treatment plant (WTP) has had difficulty treating Missouri River water, achieving adequate TOC reduction, and maintaining compliance with TTHMs. The operations staff has done an excellent job keeping the potable water close to TOC and disinfection byproducts (DBP) compliance, but meeting required levels has been difficult with the City’s existing facilities. A study conducted in May 2012 to determine the changes required to achieve regulatory compliance and maintain it into the future was of fairly limited scope. The study included bench scale testing to determine which existing water treatment processes required updates to achieve adequate TOC reduction, reduce disinfection byproducts, and achieve regulatory compliance. Based on the results of this bench scale study, the Commission approved the following improvements currently under construction at the WTP: o Use of ozone and associated facilities for pre‐treatment and primary disinfection; o Chemical and mixing changes for process improvements; o Electrical improvements including a new electrical room; o SCADA improvements; o Construction of a 2.0 MG tank and pumps station improvements. Ozone is the key improvement and is required for regulatory compliance. Ozone generates assimilable organic carbon (AOC) levels about 10 times higher than traditional treatment which, if not treated, becomes a food source for organisms in the distribution system creating issues with the finished water. The only way to remove AOC is through operation of the filters in a biological mode. Since a filter evaluation was not included in the original bench scale study and the design was fast‐ tracked to achieve regulatory compliance, the filter evaluation was completed at a later date as part of the current construction project’s design process. The results of the filter evaluation were positive, although the existing filter caps were determined to be unsuitable for operation of the filters in biological mode. The study uncovered the valuable opportunity to merely replace the filters and reuse the underdrains, which are the costly part of the filter system. The study concludes that the filter project requires the following improvements: 1. Remove and reuse the existing media; 2. Add air scour systems including a blower, air piping and associated electrical and controls to properly clean the filters (current backwash rates are inadequate); and 3. Replace the beaded media retention caps to allow biological operation of the filters and AOC removal. 94 City Commission Agenda Packet February 2, 2015 Operation of biologically active filters will allow the plant to remove TOC as well as the AOC generated by ozone use. Removal of AOC in the filters will protect downstream clearwells and distribution piping from excessive biological growth and activity. FINANCIAL CONSIDERATIONS: Burns and McDonnell produced a preliminary engineering estimate for this project of $760,000, which includes their design and administration expenses. The project is eligible for a State Revolving Fund (SRF) loan, although it is not eligible for principal forgiveness. If the filter study had revealed the need to replace the underdrains in addition to the filter media, the project would be estimated at an additional $1.0 million in costs and 3 to 4 months of additional time for construction. The proposed design contract with Burns & McDonnell is for $129,952. LEGAL CONSIDERATIONS: Staff is following all of the necessary steps to make this project eligible for a State Revolving Fund (SRF) loan. The underlying purpose of all of the WTP improvement projects is to achieving compliance regulated levels of TOC. POLICY CONSIDERATIONS: This project will help ensure the success of the Ozone treatment process project and compliance with water quality regulations. It will also drastically lengthen the useful life of the carbon that is utilized in the WTP filters, saving on future capital project costs. RECOMMENDED ACTION: Approve a design contract for the filter improvements at the Water Treatment Plant with Burns & McDonnell in the amount of $129,952. 95 City Commission Agenda Packet February 2, 2015 96 City Commission Agenda Packet February 2, 2015 97 City Commission Agenda Packet February 2, 2015 98