Agenda - City of Maize, Kansas

Transcription

MEETING NOTICE
MAIZE CITY COUNCIL
REGULAR MEETING
CEMETERY BOARD MEETING
PUBLIC BUILDING COMMISSION MEETING
TIME:
DATE:
PLACE:
7:00 P.M.
MONDAY, JULY 20, 2015
MAIZE CITY HALL
10100 W. GRADY AVENUE
AGENDA
MAYOR CLAIR DONNELLY PRESIDING
1)
Call to Order
2)
Roll Call
3)
Pledge of Allegiance/Moment of Silence
4)
Approval of Agenda
5)
Public Comments
6)
Consent Agenda
a. Approval of Minutes – Special Council Meeting of June 1, 2015 (highlighted in document)
and Regular Council Meeting of June 15, 2015.
b. Receive and File Planning Commission Minutes of May 7, 2015.
c. Cash Disbursements from June 1, 2015 thru June 30, 2015 in the amount of
$348,842.81 (Check #60651 thru #60802).
7)
Old Business
None
8)
New Business
A. 2016 City Budget
B. Austin Peters Employee Compensation Study
C. Vacation Case V02-015 37th and Maize Road
* Recess City Council Meeting and Convene Maize Park Cemetery Board Meeting:
Maize Council/Cemetery/PBC Meeting
Regular Council July 20, 2014
Cemetery and PBC
1 of 102
MAIZE PARK CEMETERY BOARD
REGULAR MEETING
AGENDA
CHAIRPERSON KAREN FITZMIER PRESIDING
1) Call to Order
2) Roll Call
3) Approval of Agenda
4) Approval of Minutes – Regular Cemetery Board Meeting of August 4, 2014
5) Re-Appointment of 4-year Term/Election of Officers
6) Public Comments
7) New Business:
A. 2016 Maize Park Cemetery Budget
8) Adjournment
*Convene meeting of the Maize Public Building Commission
Cemetery and PBC
2 of 102
MAIZE PUBLIC BUILDING COMMISSION
AGENDA
PRESIDENT CLAIR DONNELLY PRESIDING
1) Call to Order
2) Roll Call
3) Approval of the Agenda
4) New Business
A. Evans Building Company Contract
5) Adjournment
* Reconvene the City Council Meeting
MAIZE CITY COUNCIL
REGULAR MEETING
AGENDA
(continued)
9) Reports
• Police
• Public Works
• City Engineer
• Planning & Zoning
• City Clerk
• Legal
• Operations
• Mayor’s Report
• Council Member’s Reports
10) Executive Session
11) Adjournment
Cemetery and PBC
3 of 102
MINUTES-ANNUAL MEETING
Monday, June 1, 2015
The Maize Public Building Commission met in an annual meeting at 6:00 p.m., Monday, June 1, 2015 in the Maize City
Hall, 10100 Grady Avenue, with Chairman Clair Donnelly presiding. Commissioners present were Donna Clasen, Alex
McCreath, Kevin Reid, Pat Stivers, and Karen Fitzmier.
Also present were: Richard LaMunyon, City Administrator; Rebecca Bouska, Deputy City Administrator; Jocelyn Reid
City Clerk, Sue Villarreal, City Treasurer; Jolene Allmond, Executive Assistant; Matt Jensby, Police Chief; Ron
Smothers, Public Works Director and Kim Bell, Bond Counsel.
APPROVAL OF AGENDA:
The agenda was submitted for Commission approval.
MOTION:
Clasen moved to approve the Agenda as presented.
Stivers seconded. Motion declared carried.
CONSENT AGENDA:
The Consent Agenda was submitted for approval including:
a) Approval of the minutes of the March 17, 2014 annual meeting
b) Receive and file Auditor’s Financial Summary for period ending December 31, 2014
PUBLIC WORKS FACILITY:
Bids and additional costs for construction of a public works facility were submitted for Commission approval.
MOTION:
Clasen moved to accept the bid from Evans Building Co. in the amount of $818,550 and
authorize additional costs for technology, equipment, furniture and appliances in the
amount of $200,000 for a total amount of $1,018,550 subject to funding.
Fitzmier seconded. Motion declared carried 4-2 with Reid and McCreath voting no.
MAIZE CITY PARK SPLASH PARK FEATURE:
Bids and additional costs for construction of a splash pad in the City park were submitted for Commission approval.
MOTION:
Clasen moved to accept the Power/Play Vortex bid in the amount of $208,000 and
authorize additional costs for site preparation, water and sewer installation and optional
landscaping in the amount of $67,000 for a total amount of $275,000 subject to funding.
Reid seconded. Motion declared carried 5-1 with Stivers voting no.
MAIZE CITY PARK RESTROOMS:
Bids and additional costs for construction of restroom facilities in the City park were submitted for Council approval.
MOTION:
Clasen moved to accept the Chris Farber Construction bid in the amount of $74,565 and
authorize additional costs for sidewalks and additional concrete work in the amount of
$25,000 for a total amount of $99,565 subject to funding.
Fitzmier seconded. Motion declared carried.
Chairman Donnelly recessed the Public Building Commission meeting and convened the Special Meeting of the Maize
City Council.
SPECIAL MEETING OF THE MAIZE CITY COUNCIL:
The Maize City Special Council Meeting was called to order at 6:30 pm with Mayor Clair Donnelly preseiding.
Councilmembers present were Donna Clasen, Alex McCreath, Kevin Reid, Pat Stivers, and Karen Fitzmier.
Cemetery and PBC
4 of 102
PAGE 2
MINUTES MPBC ANNUAL MEETING
MONDAY, June 1, 2015
APPROVAL OF AGENDA:
The agenda was submitted for Council approval.
MOTION:
Clasen moved to approved the agenda as submitted.
McCeath seconded. Motion declared carried.
CHARTER ORDINANCE EXECPTING CITY FROM PROVISIONS OF K.S.A. 12-1758 AND K.S.A 121767:
A charter ordinance providing certain exceptions to some provisions of K.S.A. 12-1758 and K.S.A. 12-1757 was
submitted for Council approval. This charter ordinance eliminates any question regarding authority for the
issuance of the bonds for the City splash park and restrooms.
MOTION:
Clasen moved to approve the charter ordinance.
Fitzmier seconded. Motion declared carried.
City Clerk assigned Charter Ordinance #27-15.
RESOLUTION REQUESTING THE MAIZE PUBLIC BUILDING COMMISSION TO ISSUE
REVENUE BONDS FOR PUBLIC WORKS FACILITY:
A resolution requesting the Maize Public Building Commission to issue revenue bonds to pay for the construction
of a public works facility was submitted for Council approval.
MOTION:
Clasen moved to approve the resolution requesting the Maize Public Building
Commission issue revenue bonds in an amount not to exceed $1,125,000 for the
construction of the public works facility.
Fitzmier seconded. Motion declared carried with Reid and McCreath voting no.
City Clerk assigned Resolution #572-15.
RESOLUTION REQUESTING THE MAIZE PUBLIC BUILDING COMMISSION ISSUE REVENUE
BONDS FOR THE SPLASH PAD AND RESTROOMS AT THE CITY PARK:
A resolution requesting the Maize Public Building Commission to issue revenue bonds to pay for the construction
of a splash pad and restrooms at the City park was submitted for Council approval.
MOTION:
Clasen moved to approve the resolution requesting the Maize Public Building
Commission to issue revenue bonds in an amount not to exceed $425,000 for the
construction of a splash pad and restrooms at the City park.
Fitzmier seconded. Motion failed 2-3. McCreath, Stivers and Reid voted no. Clasen
and Fitzmier voted yes.
ADJOURNMENT:
With no further business before the Council,
MOTION:
Clasen moved to adjourn.
Meeting adjourned.
Chairman Donnelly reconvened the Maize Public Building Commission meeting.
Cemetery and PBC
5 of 102
PAGE 2
MINUTES MPBC ANNUAL MEETING
MONDAY, June 1, 2015
MAIZE PUBLIC BUILDING COMMISSION REVENUE BONDS RESOLUTION OF INTENT:
A resolution of intent to issue revenue bonds for the construction of a public works facility was submitted for Commission
approval.
MOTION:
Clasen moved to approve the Maize Public Building Commission resolution of intent ot
issue revenue bonds in an amount not to exceed $1,125,000 for the construction of a
public works facility.
Fitzmier seconded. Motion declared 4-2 with McCreath and Reid voting no.
ADJOURNMENT:
With no further business before the Commission,
MOTION:
Clasen moved to adjourn.
Meeting adjourned.
Respectfully submitted by:
Jocelyn Reid, CMC
City Clerk
Cemetery and PBC
6 of 102
MINUTES-REGULAR MEETING
MAIZE CITY COUNCIL
Monday, June 15, 2015
The Maize City Council met in a regular meeting at 7:00 p.m., Monday, June 15, 2015 in the Maize City Hall, 10100 Grady
Avenue, with Mayor Clair Donnelly presiding. Council members present were Pat Stivers, Karen Fitzmier, Donna Clasen,
Kevin Reid. Alex McCreath was absent.
Also present were: Richard LaMunyon, City Administrator,Jocelyn Reid, City Clerk, Matt Jensby, Police Chief,
Ron Smothers, Public Works Director, Bill McKinley, City Engineer, Kim Edgington, Planning Administrator and Kim Bell,
Bond Counsel.
APPROVAL OF AGENDA:
The Agenda was submitted for Council approval.
MOTION:
Clasen moved to approve the Agenda as submitted.
CONSENT AGENDA:
The Consent Agenda was submitted for approval including:
.
a) Council Meeting Minutes of May 18, 2015
b) Cash Disbursement Report from May 1, 2015 through May 31, 2015 in the amount of $476,473.55
(Check #60462 through #60650)
MOTION:
Clasen moved to approve the Consent Agenda as submitted.
McCreath seconded. Motion declared carried.
AMENDING INDUSTRIAL REVENUE BONDS RESOLUTION:
A resolution amending Resolution #569-15 to issue industrial revenue bonds for Aero-Tech Engineering was submitted for
Council approval. The new IRB tenant is RAW Investments, Inc. which is buying the land and building the facility for AeroTech Engineering. RAW Investments will sub-lease the facility to Aero-Tech Engineering.
MOTION:
Fitzmier moved to approve the amending resolution to determine the advisability of issuing
taxable industrial revenue bonds for the purpose of financing the acquisition, construction
and equipping Aero-Tech Engineering in Maize.
Reid seconded. Motion declared carried.
City Clerk assigned Resolution #574-15.
45TH STREET BIDS AND CONTRACT:
Construction bids and contract for improvements on 45th Street from Maize Road to just east of Tyler Road were submitted
for Council approval.
MOTION:
Clasen moved to accept the Cornejo & Sons bid and approve the contract with Cornejo &
Sons in an amount not to exceed $192,462 and authorize the Mayor to sign.
Reid seconded. Motion declared carried.
ZONING CASE #Z-02-015:
A request for a zone change from SF-5 Single Family Residential to LC Limited Commercial with a conditional use for
outdoor recreation and entertainment at 9100 W 61st St. N was submitted for Council approval. The property is limited to h
horse boarding only and those uses allowed in SF-5 Single Family Residential and no more than 10 horses shall be boarded.
Also, lighting must be directed from neighboring property owners.
MOTION:
Clasen moved to approve and adopt the ordinance for a zone change within Maize city
limies.
Stivers seconded. Motion declared carried 4-1 with McCreath voting no.
City Clerk assigned Ordinance #900.
Cemetery and PBC
7 of 102
PAGE 2
MINUTES REGULAR COUNCIL MEETING
MONDAY, May 18, 2015
ADJOURNMENT:
With no further business before the Council,
MOTION:
Reid moved to adjourn.
Clasen seconded. Motion declared carried.
Meeting adjourned.
Respectfully submitted by:
Jocelyn Reid, City Clerk
Cemetery and PBC
8 of 102
MAIZE CITY PLANNING COMMISSION AND
BOARD OF ZONING APPEALS
THURSDAY, MAY 7, 2015
The Maize City Planning Commission was called to order at 7:00 p.m., on Thursday,
May 7, 2015, for a Regular Meeting with Gary Kirk presiding. The following Planning
Commission members were present: Mike Burks, Bryant Wilks, Andy Sciolaro, Gary
Kirk, Bryan Aubuchon and Jennifer Herington. Planning Commissioner not present was
Gerald Woodard.
Also present were Sue Villarreal, Recording Secretary; Kim Edgington, Planning
Administrator; Richard LaMunyon, City Administrator; Bill McKinley, City
Engineer and Artemio Gonzalez, Applicant.
APPROVAL OF AGENDA
MOTION:
Sciolaro moved to approve the agenda as presented.
Wilks seconded the motion.
Motion carried unanimously.
APPROVAL OF MINUTES
MOTION:
Herington moved to approve the April 2, 2015 minutes as presented:
Burks seconded the motion.
OLD BUSINESS – PLANNING COMMISSION
Z-01-015 Zone change request for approximately 2.56 acres at 9100 W 61st Street
North from SF-5 Single-Family Residential to LC Limited Commercial with
Conditional Use for Outdoor Entertainment (to allow horse boarding
stables).
Gonzalez was present to address questions from the commissioners.
Edgington suggested a Protective Overlay to restrict the use of the property.
MOTION:
Sciolaro moved to approve Z-01-015 Zone change request for
approximately 2.56 acres at 9100 W 61st Street North from SF-5
Single-Family Residential to LC Limited Commercial with
Conditional Use for Outdoor Entertainment (to allow horse boarding
stables) with a Protective Overlay outlining the following conditions:
1) Limit outdoor entertainment to boarding only
2) Lighting must be directed away from neighboring properties
3) Maximum of 10 horses
Cemetery and PBC
9 of 102
Herington seconded the motion.
Kirk requested a roll call vote to approve Z-01-015 Zone change
request.
Burks – yes
Wilks – yes
Sciolaro - yes
Kirk – yes
Aubuchon - yes
Herington - yes
ADJOURNMENT:
MOTION:
With no further business before the Planning Commission,
Burks moved to adjourn.
Meeting adjourned at 7:40 PM.
__________________________
Sue Villarreal
Recording Secretary
_________________________
Gary Kirk
Chairman
Cemetery and PBC
10 of 102
City of Maize
Disbursement Report Totals
Dates Covered: 06/01/2015 - 06/30/2015
Accounts Payable:
Voucher
Date
AP Total
1-Jun $
2-Jun
3-Jun
4-Jun
8-Jun
9-Jun
17-Jun
18-Jun
$
Voucher
Amt
131.62
450.00
3,279.83
81,058.40
13,693.49
833.29
196.63
98,134.06
197,777.32
Check
Date
1-Jun $
2-Jun $
3-Jun
5-Jun
8-Jun
9-Jun
18-Jun
19-Jun
$
Check
Amount
131.62
450.00
3,279.83
81,058.40
13,693.49
833.29
196.63
98,134.06
197,777.32
Check Numbers
Begin
End
60651
60651
60666
60666
60667
60671
60672
60728
60729
60732
60733
60736
60756
60757
60758
60802
13-Jul $
Earning
History
113,519.82
Check
Date
4-Jun $
18-Jun
Check
Amount
66,538.17
84,527.32
Check Numbers
Begin
End
60652
60665
60737
60755
$
151,065.49
$
197,777.32
151,065.49
348,842.81
Catering
Mailing Fees
Utilities
Utilities
Utilities
Utilities
Payroll:
Run
Date
KPERS Employer Portion
FICA Employer Portion
Health/Dental Insurance
(Employer Portion)
PR Total
9,579.29
8,203.92
$
AP
PR
19,762.46
151,065.49
Total Disbursements
$
Check Numbers used this period:
#60651 thru #60802
Expenditure Report Reconciliation-071315
7/15/2015
J Reid
Cemetery and PBC
11 of 102
CITY OF MAIZE
Cash and Budget Position
Thru May 31, 2015
FUND
01
02
04
5
10
11
12
16
19
20
21
22
23
24
32
38
40
47
61
71
73
74
76
98
NAME
General Fund
Street Fund
Capital Improvements Fund
Long-Term Projects
Equipment Reserve
Police Training Fund
Municipal Court Fund
Bond & Interest Fund
Wastewater Reserve Fund
Wastewater Treatment Fund
Water Fund
Water Reserve Fund
Water Bond Debt Reserve Fund
Wastewater Bond Debt Reserve Fund
Drug Tax Distribution Fund
Cafeteria Plan
Carlson Assessments Fund
53rd & Maize Road Expansion
Carriage Crossing VI
Fiddlers Cove 3rd
Hampton Lakes Commercial
Hampton Lakes 2nd Addition
Series 2013B Refunding Bonds
Maize Cemetery
Report Totals
BEGINNING
MONTH
MONTH
END MONTH
CASH BALANCE
RECEIPTS
DISBURSEMENTS CASH BALANCE
$ 791,008.61 $ 591,814.40 $
345,566.39 $ 1,037,256.62 $
135,674.25
22,827.13
35,842.82
122,658.56
313,368.30
64,830.28
378,198.58
(871,826.96)
(871,826.96)
(190.59)
21,271.43
5,673.00
15,407.84
1,020.44
216.00
484.95
751.49
10,231.51
3,311.00
13,542.51
1,112,666.27
531,068.87
1,643,735.14
168,042.14
3,000.00
12,367.60
158,674.54
544,151.53
79,277.71
76,489.32
546,939.92
399,273.98
61,846.07
81,085.89
380,034.16
92,148.81
3,000.00
95,148.81
268,000.00
268,000.00
147,800.09
147,800.09
2,404.57
2,404.57
536.27
1,230.18
1,766.45
175,495.01
5,173.83
4,081.48
176,587.36
$ 3,289,804.23 $ 1,388,866.90 $
561,591.45 $ 4,117,079.68 $
Cemetery and PBC
ANNUAL
EXPENSE
BUDGET
3,406,860.00 $
280,300.00
1,216,000.00
255,000.00
7,500.00
2,356,834.00
701,000.00
754,500.00
139,901.00
9,117,895.00 $
REMAINING
REMAINING
YTD
YTD
EXPENSE
BUDGET
REVENUE
EXPENSE
BUDGET
PERCENTAGE
2,006,836.53 $ 1,857,618.78 $ 1,549,241.22
45.47%
148,966.19
154,302.61
125,997.39
44.95%
388,840.94
393,263.17
822,736.83
67.66%
167,017.67
729,381.01
129,116.93
214,338.87
40,661.13
15.95%
1,416.00
2,769.95
4,730.05
63.07%
10,623.30
4,929.14
1,567,147.46
422,179.22
1,934,654.78
82.09%
87,789.37
52,552.01
418,205.67
390,408.48
310,591.52
44.31%
394,996.59
411,104.71
343,395.29
45.51%
18,000.00
7,996.17
8,203.60
18,515.21
13,113.02
114,403.53
(342.00)
166,544.67
179,612.67
17,044.67
63,840.04
463.25
21,582.41
11,079.37
128,821.63
92.08%
5,552,124.57 $ 5,041,736.64 $ 5,260,829.84
57.70%
12 of 102
CITY OF MAIZE
Bank Reconciliation Report
For June 2015
Fund Balances
FUND
NAME
01
02
04
05
10
11
12
16
19
20
21
22
23
24
32
38
40
47
61
71
73
74
76
98
General Fund
Street Fund
Capital Improvements Fund
Long-Term Projects
Equipment Reserve Fund
Police Training Fund
Municipal Court Fund
Bond & Interest Fund
Wastewater Reserve Fund
Wastewater Treatment Fund
Water Fund
Water Reserve Fund
Water Bond Debt Reserve Fund
Wastewater Bond Debt Reserve Fund
Drug Tax Distribution Fund
Cafeteria Plan
Carlson Assessments Fund
53rd & Maize Road Expansion
Carriage Crossing VI
Fiddlers Cove 3rd
Hampton Lakes Commercial
Hampton Lakes 2nd Addition
Series 2013 B Refunding Bonds
Maize Cemetery
Totals All Fund
BEGIN
END
PERIOD
RECEIPTS
DISBURSEMENTS
PERIOD
$ 791,008.61 $ 591,814.40 $
345,566.39 $ 1,037,256.62
135,674.25
22,827.13
35,842.82
122,658.56
313,368.30
64,830.28
378,198.58
(871,826.96)
(871,826.96)
(190.59)
21,271.43
5,673.00
15,407.84
1,020.44
216.00
484.95
751.49
10,231.51
3,311.00
13,542.51
1,112,666.27
531,068.87
1,643,735.14
168,042.14
3,000.00
12,367.60
158,674.54
544,151.53
79,277.71
76,489.32
546,939.92
399,273.98
61,846.07
81,085.89
380,034.16
92,148.81
3,000.00
95,148.81
268,000.00
268,000.00
147,800.09
147,800.09
2,404.57
2,404.57
536.27
1,230.18
1,766.45
175,495.01
5,173.83
4,081.48
176,587.36
$ 3,289,804.23 $ 1,388,866.90 $
561,591.45 $ 4,117,079.68
Bank Accounts and Adjustments
Halstead Checking Account
Outstanding Items
Halstead Bank Money Market Account
Maize Cemetery CD 85071
Maize Cemetery Operations
Totals All Banks
$
254,269.93 $ 1,240,188.58 $
2,961,742.50
90,841.52
84,567.83
$ 3,391,421.78
800,758.81
5,173.83
$ 2,046,121.22
$
Cemetery and PBC
1,242,416.62 $ 252,041.89
$
(74,050.88)
3,762,501.31
90,841.52
3,995.82
85,745.84
1,246,412.44 $ 4,117,079.68
13 of 102
MAIZE CITY COUNCIL
REGULAR MEETING
MONDAY, July 20, 2015
AGENDA ITEM #8A
ITEM:
PROPOSED 2016 BUDGET FOR PUBLICATION
BACKGROUND:
The 2016 proposed budget has been prepared for consideration and action.
Council and staff met in a budget workshop on July 13th to finalize the proposed budget.
The attached 2016 budget was adjusted as per Council discussion.
• Public works building lease payment was moved from Debt Service Fund to General Fund. This also
moved the total mill levy to the General Fund.
• Funding for the new Public Works facility building is 10 years at an estimated annual cost of $130,000.
• The WWTP Study expense ($12,927) for 2015 was moved from Wastewater Reserve to the Wastewater
Fund.
• The 2015 transfer from Wastewater to Wastewater Reserve was reduced to offset this change.
The proposed 2016 budget is in compliance with State law and supported by the City Administrator, City Clerk,
Department Heads and the City’s Financial Advisor.
The proposed budget supports all operations and all other financial obligations through 2016.
The estimated mill levy for the 2016 proposed budget is 43.028 mills compared to 43.036 this year.
FINANCIAL CONSIDERATIONS:
The attached budget reflects a slight decrease in the mill levy.
LEGAL CONSIDERATIONS:
Compliance with state law regarding forms and budget schedule has been accomplished.
RECOMMENDATION/ACTION:
1. Accept the proposed 2016 Budget as presented
2. Authorize publication of the proposed budget in The Clarion.
3. Set the public hearing on the proposed budget for Monday, August 3, 2015 at 7:00 pm.
Cemetery and PBC
14 of 102
State of Kansas
City
2016
CERTIFICATE
To the Clerk of Sedgwick County, State of Kansas
We, the undersigned, officers of
City of Maize
certify that: ( 1) the hearing mentioned in the attached publication was held;
(2) after the Budget Hearing this budget was duly approved and adopted as the
maximum expenditures for the various funds for the year 2016; and
(3) the Amount(s) of2015 Ad Valorem Tax are within statutory limitations.
2016 Adopted Budget
Amount of
County
2015 Ad
Valorem Tax
Clerk's
Use Only
~
Table of Contents:
Computation to Determine Limit for 2016
Allocation ofMVT, RVT, and 16/20M Vehicle
Schedule of Transfers
Statement of Indebtedness
Statement of Lease-Purchases
Fund
General
Debt Service
Capital Improvements
K.S.A.
12-lOla
10-113
12-118
Special Highway
Law Enforcement Training
Wastewater Reserve
Equipment Reserve
Wastewater
Water
Water Reserve
Water Bond Debt Reserve
Wastewater Debt Reserve
Page
No.
2
3
4
5
6
7
8
8
9
9
10
10
11
11
12
12
13
Budget Authority
for Expenditures
3,369,786
2,552,350
665,000
1,600,508
294,100
2,000
230,000
714,000
769,500
Totals
xxxxxx
8,596,736
Notice of the vote to adopt required to be published and attached to the bud~
Budget Summary
14
Neighborhood Revitalization Rebate
1,600,508
Yes
County Clerk's Use Only
Nov 1, 2015 Total
Assessed Valuation
Assisted by:
Address:
Email:
Attest: _ _ _ _ _ _ _ _ _ 2015
County Clerk
Governing Body
Regular Council
July
Page No.
1 20, 2014
Cemetery and PBC
15 of 102
State of Kansas
City
2016
City of Maize
Computation to Determine Limit for 2016
1. Total tax levy amount in 201S budget
+ $
2. Debt service levy in 201S budget
3. Tax levy excluding debt service
- $
$
Amount of Levy
l,47S,S13
171,63S
1,303,878
2015 Valuation Information for Valuation Adjustments
+
4. New improvements for 201S:
2,620,997
S. Increase in personal property for 20 lS:
Sa. Personal property 201S
+ - - - - - -204,099
-'-Sb. Personal property 2014
2S4,2S9
Sc. Increase in personal property (Sa minus Sb)
+
0
(Use Only if> 0)
6.
Valuation of annexed tenitory for 201S:
6a. Real estate
6b. State assessed
6c. New improvements
6d. Total adjustment (sum of 6a, 6b, and 6c)
S2,762
+ ------+ -------0
0
+
7.
Valuation of property that has changed in use during 201S:
8.
Total valuation adjustment (sum of 4, Sc, 6d &7)
9.
Total estimated valuation July 1, 201S
S2,762
26,616
2,700,37S
37,197,037
10. Total valuation less valuation adjustment (9 minus 8)
11. Factor for increase (8 divided by 10)
34,496,662
0.07828
+ $ - - - - - - -102,067
-'--
12. Amount of increase (11 times 3)
13. 2016 budget tax levy, excluding debt service, prior to CPI adjustment (3 plus 12)
$
1,40S,94S
============
14. Debt service levy in this 2016 budget
0
lS. 2016 tax levy, including debt service, prior to CPI adjustment (13 plus 14)
l,40S,94S
16. Consumer Price Index for all urban consumers for calendar year 2014
17. Consumer Price Index adjustment (3 times 16)
1.60%
$
20,862
--------'--
18. Maximum levy for budget year 2016, including debt service, not requiring 'notice of vote publication.'
$
(IS plus 17)
1,426,807
========
If the 2016 adopted budget includes a total property tax levy exceeding the dollar amount in line 18
ou must publish notice of vote by the governing body to adopt such budget in the official county newspaper an<
attach a copy of the published notice to this budget.
In no event will published notice of the vote be re~~g M6~~total budget year tax levy is $1,000 or less.
Cemetery and PBC
16 of 102
State of Kansas
City
City of Maize
2016
Allocation ofMV, RV, 16/20M, Commercial Vehicle, and Watercraft Tax Estimates
Budgeted Funds
for 2015
General
Debt Service
ClP
TOTAL
Allocation for Year 2016
Ad Valorem Levy
Tax Year 2014
1,303,878
171,635
MVT
153,794
20,245
RVT
1,546
203
16/20M Yeh
511
67
Comm Yeh
4,662
614
Watercraft
0
0
1,475,513
174,039
1,749
578
5,276
0
County Treas Motor Vehicle Estimate
County Treas Recreational Vchicle Estimate
County Treas l 6/20M Vehicle Estimate
County Treas Commercial Vehicle Tax Estimate
County Treas Watercraft Tax Estimate
Motor Vehicle Factor
174,039
1,749
578
5,276
0
0.11795
0.00119
Recreational Vehicle Factor
l 6/20M Vehicle Factor
0.00039
Commercial Vehicle Factor
Watercraft Factor
Cemetery and PBC
Page No. 3
0.00358
0.00000
17 of 102
State of Kansas
City
2016
City of Maize
STATEMENT OF INDEBTEDNESS
Type of
Debt
General Obligation:
Series A 2007
Series B 2007
Series 20 I 0 GO Refunding
Series A 2011
Series A 2013
Series B 2013B Refunding
Series A 2014
Series A 2015
Total G.O. Bonds
Revenue Bonds:
Water Revenue Bond
WW Refunding Rev Bond
Water Rev Bond 2014A
WW Rev Bond 20 I 4A
Total Revenue Bonds
Other:
Temp Notes Series A 2013
Temp Notes Series B 2013
Total Other
Total Indebtedness
Date
of
Issue
Date
of
Retirement
Interest
Rate
%
Amount
Issued
Beginning Amount
Outstanding
Jan 1,2015
4/24/2007
9/27/2007
11/19/2010
9/23/2011
3/22/2013
8/23/2013
11/26/2014
2/10/2015
4/24/2022
9/1/2028
9/1/2017
10/1/2032
9/1/2033
9/1/2028
10/1/2034
10/1/2035
5.00
4.00
2.19
3.36
3.48
3.23
3.66
2.76
1,162,741
4,941,983
1,753,000
4,630,000
3,840,000
2,115,000
2,795,000
3,415,000
730,000
4,035,000
1,270,000
4,235,000
3,715,000
2,115,000
2,795,000
0
Date Due
Interest
Principal
411 & 10/1
3/1 & 9/1
3/1 & 9/1
411 & 10/1
3/1 & 911
3/1 & 911
4/1 & 10/1
4/1 & 10/1
10/1
9/1
9/1
10/1
9/1
911
10/l
10/1
18,895,000
1/15/2006 8/1/2031
8/30/2012 9/1/2018
10/29/2014 1011/2038
10/29/2014 10/1/2038
4.15
1.20
3.75
3.57
5,335,000
1, 135,000
285,000
995,000
4,345,000
725,000
285,000
995,000
211 & 8/1
3/1 & 9/1
4/1 & 10/1
4/1 & 10/1
6,350,000
3/28/2013
9/23/2013
4/1/2015
I 011 /2015
1.04
0.80
4,028,040
1,090,000
8/1
9/1
1011
10/1
Amount Due
2015
Interest
Principal
Amount Due
2016
Principal
Interest
29,355
169,693
3,890
127,645
116,200
57,845
84,369
0
80,000
210,000
60,000
200,000
165,000
175,000
45,000
57,065
26,275
159,293
2,270
123,145
112,900
54,345
98,683
92,538
80,000
220,000
65,000
200,000
165,000
165,000
35,000
160,000
588,997
992,065
669,449
1,090,000
228,018
7,488
9,015
29,580
165,000
200,000
0
0
220,263
5,788
9,775
32,075
175,000
200,000
0
0
274,101
365,000
267,901
375,000
0
863,098
0
1,357,065
2,978,040
1,090,000
4,068,040
29,313,040
Page No.
5
Cemetery
and PBC
0
937,350
0
1,465,000
18 of 102
State of Kansans
City
2016
City of Maize
Expenditure
Fund Transferred
From:
General Fund
General Fund
General Fund
Wastewater
Wastewater
Water
Water
Receipt
Fund Transferred
To:
Special Hi!!hwav
CIP
Equipment Reserve
Debt Service
Wastewater Reserve
Debt Service
Water Reserve
Totals
Ad_justments*
Ad_justed Totals
Proposed
Transfers
Authorized by
Amount for
2016
Statute
150,000 KSA 12-1 118
488,000 KSA 12-196
230,000 KSA 12-1, 117
237,863 KSA 12-825d
36,000 KSA 12-825d
405,038 KSA 12-825d
36,000 KSA 12-825d
Actual
Amount for
2014
150,000
175,000
150,000
203,853
47,147
395,456
36,000
Current
Amount for
2015
150,000
775,000
255,000
239,547
23,073
402,154
36,000
1,157,456
1,880,774
1,582,901
1,157,456
1,880,774
1,582,901
*Note: Adjustments are required only if the transfer is being made in 2015 and/or 2016 from a non-budgeted fund.
Page No. 4
Cemetery and PBC
19 of 102
State of Kansas
City
City of Maize
2016
STATEMENT OF CONDITIONAL LEASE-PURCHASE AND CERTIFICATE OF PARTICIPATION*
Item Purchased
Radio Read Water Meters
Street Sweeper
Contract
Date
5/30/2014
9/15/2014
Term of
Contract
(Months)
60
60
Interest
Rate
%
3.59
3.30
Total
Amount
Financed
(Beginning Principal)
113,400
164,371
Principal
Balance On
Jan 1 2015
113,400
164,371
Payments
Due
2015
25,181
35,434
Payments
Due
2016
25,181
35,434
277 771
60.615
60 615
Totals
***If you are merely leasing/renting with no intent to purchase, do not list--such transactions are not lease-purchases.
Page No. 6
Cemetery and PBC
20 of 102
State of Kansas
City
2016
City of Maize
FUND PAGE FOR FUNDS WITH A TAX LEVY
Prior Year
Adopted Budget
Actual for 2014
General
Unencumbered Cash Balance Jan 1
606,420
Receipts:
1,244,860
Ad Valorem Tax
50,808
Delinquent Tax
182,351
Motor Vehicle Tax
Recreational Vehicle Tax
16/20M Vehicle Tax
Commercial Vehicle Tax
Watercraft Tax
610,191
Sales Tax
Transient Guest Tax
85,918
108,464
Permits & Licenses
357,125
Franchise Tax
2,120
Plam1ing & Zoning Revenue
5,450
Community Building Revenue
24,000
Fireworks Permits
Municipal Court Revenue
69,622
911 Camp Revenue
13,290
990
Reimbursements
Liquor Tax
Jn Lieu of Taxes (IRB)
Interest on Idle Funds
Miscellaneous
Does miscellaneous exceed 10% Total Rec
Total Receipts
Resources Available:
Current Year
Estimate for 2015
887,174
Proposed Budget
Year for 2016
380,157
1,252,500 xxxxxxxxxxxxxxxxxx
35,000
20,000
153,794
180,000
1,546
511
4,662
323
650,000
625,000
85,000
75,000
80,000
84,450
355,000
359,500
1,500
1,100
5,000
5,000
24,000
24,000
64,500
67,264
17,000
15,000
0
470
1,000
1,300
1,648
4,661
2,000
1,450
1,500
0
2,761,498
3,367,918
2,729,034
3,616,208
1,465,336
1,845,493
PageNo. 7
Cemetery and PBC
21 of 102
State of Kansas
City
City of Maize
FUND PAGE - GENERAL
Adopted Budget
General
Expenditures:
City Council
Administration
Police Department
Municipal Court
Community Facilities
Plarming C01mnission
Audit
Employee Benefits
Utilities
Community Services
Building Inspections
Contingency Funds
Housing Grant
Transient Guest Tax Rebate
Commercial Incentive
City Hall Lease Payment
Economic Development
Park & Tree Board Expenses
Senior Services
Transfer to Street Fund
Transfer to CIP
Transfer to Equipment Reserve
911 Camp Expenses
Public Works Building Lease Payment
Prior Year
Actual for 2014
3,367,918
Current Year
Estimate for 2015
3,616,208
Proposed Budget
Year for 2016
1,845,493
18,103
308,188
525,372
77,358
66,611
53,189
15,000
453,059
23,276
9,923
48,822
0
96,851
85,918
11,907
159,241
30,057
13,092
877
150,000
175,000
150,000
8,610
17,075
297,040
528,386
80,539
58,647
90,500
15,350
494,023
20,000
10,000
40,000
0
115,000
75,000
12,431
167,435
15,000
10,000
500
150,000
775,000
255,000
9,000
18,450
311,250
636,300
85,525
68,000
105,500
16,500
547,500
30,000
10,000
30,000
43,000
100,000
85,000
10,000
175,261
70,000
20,000
500
150,000
488,000
230,000
9,000
130,000
290
125
Miscellaneous
Does miscellaneous exceed 10% Total Exp
Total Expenditures
Unencumbered Cash Balance Dec 31
2014/2015/2016 Budget Authority Amount:
2,480,744
3,236,051
3,369,786
887,174
380,157 xxxxxxxxxxxxxxxxxx
3,030,450
3,406,860
3,369,786
Non-Appropriated Balance
Total Expenditure/Non-Appr Balance
3,369,786
Tax Required
1,524,293
Delinquent Comp Rate:
5.0%
76,215
Amount of 2015 Ad Valorem Tax
1,600,508
Page No. 7a
Cemetery and PBC
22 of 102
State of Kansas
City
2016
City of Maize
FUND PAGE FOR FUNDS WITH A TAX LEVY
Prior Year
Adopted Budget
Actual for 2014
Debt Service
466,192
Receipts:
34,065
Ad Valorem Tax
575
Delinauent Tax
3,294
Motor Vehicle Tax
16/20M Vehicle Tax
Watercraft Tax
1,257,413
Soecial Assessments
203,853
Transfer from Wastewater
395,456
Transfer from Water
Refund from Maize Road Project
485
Miscellaneous
Does miscellaneous exceed 10% Total Re<
1,895,141
Total Receints
2,361,333
Expenditures:
1,045,000
Bond Principal
817,566
Bond Interest
Cash Reserve
Current Year
Estimate for 2015
498,767
Proposed Budget
Year for 2016
457,980
163,053 xxxxxxxxxxxxxxxxx
600
500
5,000
4,500
203
67
614
0
1,300,000
1,500,000
239,547
237,863
402,154
405,038
55,693
500
500
2,166,047
2,664,814
2,149,785
2,607,765
1,325,000
881,834
1,465,000
937,350
150,000
Miscellaneous
Does miscellanous exceed I 0% of Total E:
Total Exnenditures
2014/2015/2016 Budget Authority Amoun
2,552,350
1,862,566
2,206,834
498,767
2,191,290
2,356,834
2,552,350
Total Expenditure!Non-Appr Balance
2,552,350
0
Tax Required
5.0%
0
0
Prior Year
Actual for 2014
418,718
Adopted Budget
Capital Improvements
Receipts:
Ad Valorem Tax
Delinquent Tax
Motor Vehicle Tax
16120M Vehicle Tax
Watercraft Tax
Transfer from General Fund
0
47
0
0
0
0
0
175,000
Miscellaneous
Total Receiots
Exoenditures:
Academy Avenue Improvements
Park hnnrovements
Maintenance Building
Street Improvements
Bike Paths/Sidewalks
2,091
177,138
595,856
0
65,069
5,600
142,566
0
Current Year
Estimate for 2015
382,621
Proposed Budget
Year for 2016
291,438
0 xxxxxxxxxxxxxxxxx
100
100
0
0
0
0
0
0
0
0
0
0
488,000
775,000
2,000
1,500
777,100
1,159,721
489,600
781,038
367,283
114,000
2,000
375,000
10,000
0
215,000
0
375,000
75,000
Miscellaneous
Does miscellaneous exceed 10% of Total E
Total Exoenditures
213,235
868,283
665,000
382,621
564,000
1,216,000
665,000
Total Expenditure!Non-Appr Balance
665,000
Tax Required
0
5.0%
0
0
Page No.
Cemetery and PBC
23 of 102
State of Kansas
City
2016
City of Maize
FUND PAGE FOR FUNDS WITH NO TAX LEVY
Prior Year
Adopted Budget
Actual for 2014
Special Highway
105,358
Receipts:
State of Kansas Gas Tax
97,501
County Transfers Gas
42,401
150,000
Miscellaneous
Total Receipts
Expenditures:
Salaries & Wages
Operating Expenses
Snow/Ice Removal
Current Year
Estimate for 2015
127,984
Proposed Budget
Year for 2016
154,527
95,360
45,000
150,000
96,290
41,130
150,000
325
4,081
290,227
395,585
294,441
422,425
287,420
441,947
123,801
132,419
11,381
142,500
117,340
8,058
159,500
124,600
10,000
267,601
127,984
268,000
267,898
154,527
280,300
294,100
147,847
294,100
Prior Year
Actual for 2014
5,996
Cmrent Year
Estimate for 2015
2,105
Proposed Budget
Year for 2016
1,105
2,548
3,000
3,000
2,548
8,544
3,000
5,105
3,000
4,105
5,992
447
4,000
2,000
6,439
2,105
10,000
4,000
1,105
7,500
2,000
2,105
2,000
Miscellaneous
Total Expenditures
Adopted Budget
Receipts:
Maize Police Training
Miscellaneous
Total Receipts
Expenditures:
Maize Police Training
Maize Police Training Equipment
Miscellaneous
Total Expenditures
Page No.
9
Cemetery and PBC
24 of 102
State of Kansas
City
2016
City of Maize
Prior Year
Adopted Budget
Actual for 20 14
Wastewater Reserve
142,264
Receipts:
47,147
Transfer from Wastewater
Reimbursement from Fieldstone
Abengoa
Cun-ent Year
Estimate for 2 0 15
123,437
Proposed Budget
Year for 2016
176,675
23,073
45,642
24,148
36,000
0
0
47,147
189,411
92,863
216,300
36,000
212,675
7,498
47,067
11,409
17,052
22,573
0
65,974
123,437
0
See Tab A
39,625
176,675
0
See Tab C
0
212,675
0
Prior Year
Actual for 2 0 14
96,950
Cun-ent Year
Estimate for 20 15
100,631
Proposed Budget
Year for 2016
113,106
150,000
255,000
230,000
183
300
300
150,183
247,133
255,300
355,931
230,300
343,406
28,001
42,417
76,084
137,825
50,000
55,000
100,000
50,000
80,000
146,502
100,631
195,000
242,825
113,106
255,000
230,000
113,406
230,000
Miscellaneous
Total Receipts
Expenditures:
Equipment Replacement
Fieldstone Manhole Repair
WWTP Study
Miscellaneous
Total Expenditures
Unencmnbered Cash Balance Dec 31
Adopted Budget
Equipment Reserve
Unencmnbered Cash Balance Jau 1
Receipts:
Miscellaneous
Docs miscellaneous exceed 10% Total Rec
Total Receipts
Expenditures:
Trucks/Heavy Equipment
Computers/Teclmology
Police Dept Equipment
Miscellaneous
Total Expenditures
Page No.
10
Cemetery and PBC
25 of 102
State of Kansas
City
2016
City of Maize
Prior Year
Adopted Budget
Actual for 2014
Wastewater
367,640
Unencumbered Cash Balance Jan I
Receipts:
672,877
User Fees
78,200
Installation Fees
Plant Equity Fees
93,000
Current Year
Estimate for 2015
519,149
Proposed Budget
Year for 2016
534,269
647,514
26,500
30,000
660,000
25,000
27,500
2,236
2,000
10,050
1,500
846,313
1,213,953
716,064
1,235,213
714,000
1,248,269
218,480
225,324
203,853
47,147
227,924
210,400
239,547
23,073
234,000
206,137
237,863
36,000
694,804
519,149
707,000
700,944
534,269
701,000
714,000
534,269
714,000
Prior Year
Actual for 2014
323,958
Current Year
Estimate for 20 15
396,148
Proposed Budget
Year for 2016
397,910
571,788
25,897
82,450
24,173
96,000
6,443
628
1,923
615,000
52,000
30,000
17,000
33,000
6,593
700
1,934
630,000
52,000
30,000
17,000
33,000
7,000
500
0
809,302
1,133,260
756,227
1,152,375
769,500
1,167,410
194,289
111,367
395,456
36,000
182,500
133,811
402,154
36,000
195,362
133,100
405,038
36,000
737,112
396,148
749,600
754,465
397,910
754,500
769,500
397,910
769,500
Miscellaneous
Total Receipts
Expenditures:
Salaries & Wages
Operating Expenses
Transfer to Debt Service
Transfer to Wastewater Reserve
Miscellaneous
Does miscellaneous exceed I 0% Total Exp
Total Expenditures
Unencwnbered Cash Balance Dec 31
Adopted Budget
Water
Receipts:
User Fees
Tower Rent
Water Tap Fees
Water Connection Fees
Plant Equity Fees
Water Tax
Miscellaneous
Total Receipts
Expenditures:
Salaries & Wages
Operating Expenses
Transfer to Debt Service
Trans fer to Water Reserve
Miscellaneous
Total Expenditures
Page No.
11
Cemetery and PBC
26 of 102
State of Kansas
City
2016
City of Maize
Adopted Budget
Prior Year
Actual for 20 14
Water Reserve
90,564
Receipts:
36,000
Transfer from Water
Current Year
Estimate for 20 15
77,149
Proposed Budget
Year for 2016
113,149
36,000
36,000
36,000
126,564
36,000
113,149
36,000
149,149
49,415
0
49,415
77,149
35,000
See Tab A
0
113,149
0
0
149,149
0
Prior Year
Actual for 2014
268,000
CuITent Year
Estimate for 2015
268,000
Proposed Budget
Year for 2016
268,000
0
268,000
0
268,000
0
268,000
0
268,000
0
0
268,000
0
0
268,000
0
Miscellaneous
Total Receipts
Expenditures:
Equipment
Miscellaneous
Total Expenditures
Adopted Budget
Receipts:
Miscellaneous
Total Receipts
Expenditures:
Miscellaneous
Total Expenditures
2014/201512016 Budget Authority Amoun
Page No.
12
Cemetery and PBC
27 of 102
State of Kansas
City
2016
City of Maize
Adopted Budget
Prior Year
Actual for 2014
Wastewater Bond Debt Reserve
147,800
Receipts:
Miscellaneous
Total Receipts
Expenditures:
Salaries & Wages
Employee Benefits
Miscellaneous
Does miscellaneous exceed 10% Total Ex1
Total Expenditures
Page No.
Current Year
Estimate for 2015
147,800
Proposed Budget
Year for 2016
147,800
0
147,800
0
147,800
0
147,800
0
147,800
0
0
147,800
0
0
147,800
0
13
Cemetery and PBC
28 of 102
State of Kansas
City
NOTICE OF BUDGET HEARING
The governing body of
City of Maize
will meet on August 3, 2015 at 6:00 pm at City Hall for the purpose of
hearing and answering objections of taxpayers relating to the proposed use of all funds and the amount of ad valorem tax.
Detailed budget information is available at City Hall and will be available at this hearing.
BUDGET SUMMARY
Proposed Budget 2016 Expenditures and Amount of 2015 Ad Valorem Tax establish the maximum limits of the 2016 budget.
Estimated Tax Rate is subject to change depending on the final assessed valuation.
Current Year Estimate for 2015
Prior Year Actual for 2014
Actual
FUND
General
Debt Service
ClP
Special Highway
Wastewater Reserve
Equipment Reserve
Wastewater
Water
Water Reserve
Wastewater Bond Debt Res
Stormwater Utility
Expenditures
2,480,744
1,862,566
213,235
Tax Rate*
42.117
1.153
Expenditures
3,236,051
2,206,834
868,283
Tax Rate*
38.030
5.006
43.270
8,320,925
1,880,774
6,440,151
1,475,513
Proposed Budget for 2016
Budget Authority Amount of2015
for Expenditures Ad Valorem Tax
1,600,508
3,369,786
2,552,350
665,000
Estimate
Tax Rate*
43.028
294,100
2,000
267,898
4,000
39,625
242,825
700,944
754,465
267,601
6,439
65,974
146,502
694,804
737,112
49,415
6,524,392
Totals
Less: Transfers
1,157,456
Net Expenditure
5,366,936
Total Tax Levied
43
Assessed
Valuation
30,880,463
Outstanding Indebtedness,
January 1,
2013
G.O. Bonds
13,145,000
Revenue Bonds
6,190,000
Other
9,790,000
Lease Purchase Principal
0
29,125,000
Total
*Tax rates are expressed in mills
Jocelyn Reid
City Official Title:
Actual
230,000
714,000
769,500
43.036
34,285,824
2014
18,475,000
5,425,000
5, 118,040
113,400
29,131,440
8,596,736
1,582,90 [
7,013,835
xxxxxxxxxxxxxxxxx
1,600,508
37,197,037
2015
18,895,000
6,350,000
4,068,040
277,771
29,590,811
City Clerk
Page No.
14
Cemetery and PBC
29 of 102
43.028
MAIZE CITY COUNCIL
REGULAR MEETING
AGENDA ITEM # 8B
ITEM:
Austin Peters Employee Compensation Study Results
BACKGROUND:
On March 16, 2015 the City Council authorized the Letter of Understanding for a
Compensation study with the Austin Peters Group. The cost of the study was $7,800.
Since that time, staff and Council have provided information to the Austin Peters Group
regarding the salary survey.
As a result of the study, a recommended pay plan with pay ranges by job description was
created. The attached study was provided and discussed to Council at the July 13, 2015
Budget Workshop.
After discussions with Staff, Council Members, and the Austin Peters Group a
recommended dollar impact of the study for council consideration was developed as
follows:
• $54,168 included in the 2016 Budget to implement the consultant’s
recommendation. This includes all revised salary considerations as well as
benefits such as FICA, KPERS, Medicare, and unemployment).
• No % funding change (city 80% - employee 20%) was recommended in health
insurance. It should be noted that the City's current plan will probably not be
available after 2017. A different plan will need to be considered at that time.
There is $54,168 proposed for the 2016 budget to fund the Austin Peters Group
recommendation.
None at this time
1.
Receive and file the Austin Peters Group findings and recommendations dated
July 7, 2015.
2.
Direct staff to revise the Personnel Policy Manual to reflect the recommendations.
3.
Return the revised policy to Council for approval.
Cemetery and PBC
30 of 102
Findings
City of Maize, Kansas - Compensation Study
Report Date July 7, 2015
Rebecca G. Crowder, President
Elizabeth Tatarko, Vice President
P.O. Box 27196
Overland Park, Kansas 66225
Ph (913) 851-7530
Fax (913) 851-7529
[email protected]
www.austinpeters.com
Cemetery and PBC
31 of 102
I. Background and Introduction
The City of Maize engaged the services of The Austin Peters Group, Inc., based in Overland Park,
Kansas. The service engagement was to conduct a market study so that adjustments to ranges and
individual compensation could be identified to align the City with its peers.
II. Methodology & Process
The scope of work to be performed included conducting a market wage and benefits survey of the
market competitors include: Cities of Andover, Bel Aire, Beloit, Derby, Ellsworth, Fairway, Garnett,
Goddard, Haysville, Hesston, Hiawatha, Holton, Kingman, Lindsborg, Lyons, Marysville, Mission Hills,
Park City, Rose Hill, Scott City, Valley Center, Wichita, Sedgwick County.
Benchmark positions used are well defined so that all organizations can agree on their meaning. The
job worth of the positions is valued based on their comparison to the external market. The survey
requested a full range of data from the competitors to ensure that a strong and statistically accurate
comparison is possible. This data included: salary minimum, mid-point, maximum, and current
average pay levels.
III. Executive Summary
The City of Maize engaged the services of The Austin Peters Group, Inc. to conduct a market review
for the City’s positions. The survey instrument designed collected information on 27 positions as of
April 1, 2015. The results of the findings are summarized on the following pages.
IV. Implementation
Based on the findings of the study and the financial conditions of the City of Maize, it is recommended
that implementation of the recommendations begin January 1, 2016.
Cemetery and PBC
32 of 102
V. Benchmark Positions (Overall Results)
The data collected by each position is listed in Table 1: Market Survey Results by Title for range
minimum, range maximum and actual hourly rates of pay for the market. Table 1 below shows the
results of the findings and the associated Charts in Appendix 1: Market Results by Title illustrate the
differences.
Table 1: Market Survey
Results by Title
Company
Minimum Maximum Actual
Salary
Salary
Hourly
(Hourly) (Hourly)
Rate
City Clerk
City of Maize
$19.42
$27.57
$24.36
City Clerk
Average of All Data
$25.01
$35.46
$26.52
City Engineer
City of Maize
$28.64
$40.80
$39.78
City Engineer
City Treasurer & Deputy City
Clerk
City Treasurer & Deputy City
Clerk
Average of All Data
$32.24
$52.51
$40.48
City of Maize
$17.48
$24.81
$21.92
Average of All Data
$23.48
$36.79
$22.39
Code Enforcement Officer
City of Maize
$14.02
$20.00
$18.50
Average of All Data
$18.29
$25.07
$21.34
Customer Service Clerk
City of Maize
$11.74
$16.68
$13.67
Average of All Data
$13.26
$19.26
$14.57
Deputy City Administrator
City of Maize
$22.91
$32.53
$28.75
Average of All Data
$31.18
$51.56
$33.09
Executive Assistant
City of Maize
$12.01
$17.06
$15.84
Executive Assistant
Average of All Data
$14.54
$23.58
$17.89
Municipal Court Clerk
City of Maize
$12.58
$17.87
$14.65
Average of All Data
$13.65
$20.48
$17.15
Planning Administrator
$24.80
$35.35
$34.47
Planning Administrator
City of Maize
Comparable Data
not available
n/a
n/a
n/a
Police Chief
City of Maize
$25.41
$36.08
$29.57
Police Chief
Average of All Data
$30.42
$47.58
$35.66
Police Detective
City of Maize
$15.42
$22.00
$19.88
Police Detective
Police Lieutenant/Assistant
Chief
Police Lieutenant/Assistant
Chief
Average of All Data
$18.73
$28.07
$23.05
City of Maize
$20.41
$28.98
$24.37
Average of All Data
$23.52
$31.81
$24.02
Community Police Officer
City of Maize
$13.87
$19.69
$17.84
Average of All Data
$15.66
$24.22
$18.77
Cemetery and PBC
33 of 102
Table 1: Market Results by
Title (continued)
Company
Minimum Maximum Actual
Salary
Salary
Hourly
(Hourly) (Hourly)
Rate
Patrol Officer
City of Maize
$13.79
$19.58
$18.08
Patrol Officer
Average of All Data
$16.53
$24.50
$17.04
Police Records Clerk
City of Maize
$12.01
$17.06
$17.06
Average of All Data
$18.08
$25.78
$22.06
Police Sergeant
City of Maize
$17.20
$24.42
$22.68
Police Sergeant
Average of All Data
$19.46
$29.47
$24.30
Custodian
City of Maize
$10.55
$14.98
$14.98
Custodian
Average of All Data
$9.87
$15.46
$12.59
Director of Public Works
City of Maize
$24.76
$35.14
$30.30
Average of All Data
$33.33
$52.87
$36.41
Maintenance Worker I
City of Maize
$10.10
$14.40
$11.48
Average of All Data
$11.83
$17.36
$13.79
Maintenance Worker II
City of Maize
$11.58
$16.51
$15.30
Average of All Data
$13.24
$20.21
$16.35
Maintenance Worker III
City of Maize
$12.94
$18.45
$16.26
Average of All Data
$15.83
$23.13
$18.44
Seasonal Maintenance Worker
City of Maize
$10.05
$12.00
Public Works
Supervisor/Superintendent
Public Works
Supervisor/Superintendent
Average of All Data
$8.93
$11.54
$9.84
City of Maize
$20.64
$29.29
$21.17
Average of All Data
$21.44
$33.76
$27.49
Water & Wastewater Supervisor
City of Maize
$17.20
$24.42
$22.68
Average of All Data
$18.25
$29.66
$22.73
Cemetery and PBC
34 of 102
Table 2: Adjustment to Ranges by Title
based on Market Results
Recommended
Minimum
Salary (Hourly)
Jan. 1, 2016
Recommended
Maximum
Salary (Hourly)
Jan. 1, 2016
City Clerk
$22.31
$31.45
City Engineer
$34.05
$48.00
City Treasurer & Deputy City Clerk
$18.83
$26.55
$17.95
$25.31
$12.26
$17.28
$27.83
$39.23
Executive Assistant
$15.05
$21.21
$14.42
$20.33
Planning and Zoning Administrator
$29.99
$42.28
Police Chief
$29.99
$42.28
Police Detective
$19.39
$27.34
Police Lieutenant/Assistant Chief
$20.21
$28.49
$15.79
$22.25
Patrol Officer
$14.33
$20.20
$13.05
$19.97
Police Sergeant
$20.44
$28.81
Custodian
$10.59
$14.93
$30.63
$43.17
$11.60
$16.36
$13.75
$19.38
$15.51
$21.86
$8.28
$11.66
Public Works Supervisor/Superintendent
$23.12
$32.60
$19.12
$26.96
Table 3: Health Insurance -- %
of Premiums Covered by
Employer
Health Insurance (single)
Health Insurance (family)
Market Peer Group
City of Maize
92.83%
87.59%
80.0%
80.0%
Cemetery and PBC
35 of 102
In implementing recommendations it is important to tailor responses with the employee in mind. In
the chart below Chart 1: Items Most Important to Employees, employees indicated what the most
important items to them are in pay and benefits. Employees rated nearly 20 items and the items
listed in Chart 1 are the top priorities. A rating of 1 meant not important and a rating of 5 meant very
important to the employee.
Cemetery and PBC
36 of 102
VI. Results by Position
Cemetery and PBC
37 of 102
Cemetery and PBC
38 of 102
Cemetery and PBC
39 of 102
Cemetery and PBC
40 of 102
Cemetery and PBC
41 of 102
Cemetery and PBC
42 of 102
Cemetery and PBC
43 of 102
Cemetery and PBC
44 of 102
Cemetery and PBC
45 of 102
Cemetery and PBC
46 of 102
Cemetery and PBC
47 of 102
Cemetery and PBC
48 of 102
MAIZE CITY COUNCIL
REGULAR MEETING
MONDAY, SEPTEMBER 25, 2006
AGENDA ITEM 8C
ITEM: Vacation of platted access control for Wyn-Wood Addition (V-02-015).
BACKGROUND: The applicant is requesting to vacate the platted access control
adjacent to Lots 2, 3 and 3a, Block 5, Wyn-Wood Addition. When this property was
originally platted the entire Maize Road frontage was subjected to complete access
control – not by requirement of the City of Maize, but rather that is how the developer
structured the access.
The developer indicates that a potential buyer of the property platted as Lots 2, 3 and 3a
would require a minimum of one point of access along Maize Road. This is a common
requirement of service retail/commercial establishments. The current practice of
accessing commercial properties from the rear, as has been done on the Taco Bell and
Pizza Hut Italian Bistro is somewhat unique and not always acceptable to certain types of
businesses.
Had the developer originally requested access along Maize Road, this would have been
carefully studied, but likely approved as long as adequate spacing from the intersection
was maintained and proper positioning made in relation to driveway and street placement
on the west side of Maize Road.
At their July 9th meeting, Planning Commission recommended unanimous approval of the
vacation of access control, with the requirement that there be only one opening allowed
and that the final size, design and location of the one additional opening be reviewed and
approved by the City Engineer. There is adequate right-of-way at this location to provide
a northbound decel lane.
FINANCIAL CONSIDERATIONS: None
LEGAL CONSIDERATIONS: Approved as to form
RECOMMENDATION/ACTION: Approve and authorize the mayor to sign the
Vacation Order for platted access control, authorize staff to file an amendment to the plat
with the Sedgwick County Register of Deeds.
Cemetery and PBC
49 of 102
,
•
• • •
Safari
<
File
Edit
View
IIJ
History
Bookmarks
Window
-.
~
Help
Thu 6:54 PM
II gismaps.sedg wickcounty.org
Facebook
100% l•I'
Apple
Twitter
Cemetery and PBC
Yahoo
50 of 102
,-.,
LOT SPLIT FOR
OTS 3&4 BLOCK 5
WYN WOOD ADDITION
MAIZE. KS
2
<I:
'-'
3:
ro
N
l!)
~
]
I
c
<D
0
n
oi
n
u
3
(/)
(/)
0
3:
n
s
t6
j
8
3
'<Xl
3:
N
-l{')
1 -
'
2
I
Q)
·_ f-r
(fJ
(/)
3a
ormf:L Sm; th_ Lin.e J,_oLJ,-81
269.00
I
3:
4
N
<(
I
~I
]I
D
N 89 "44'32" E
269.00
c:7f
nl
I
I
I
I
1£
I~
1~I ·2[
1
0
0
ci
-t
Ln
2
I~
<D
L5~ ~
c
I
I
. I
1pe I
.85
J7B I
<Xl
1g
<>:
I
I
Lri
0
z
Jo0
269.00
!
.
I
II
I
I
I
II
I
II
II
I
1"= 100'
200.00
lI
II
200.00
: I_~
11 ~
3:
l.o
I
_g
- I
~
0
0
.0
<Xl
11~
11
II
I
0
IN
®
N~
l)J200.00
<D
0
0
0
0:
9
o
11
269.00
1~
v
(/)
I 03
ci
co
z
c0
:tJ r
0
0
0
~E
d
I ·nl etl ~ '.;
lf)
3:
~ -N 89'44'32"E
---~ -
1
j
I
-
200.00- -
:I
['-..
lD
[)'.)
0
N
5
~ :I
12
i'i
:I
~_
Cemetery and PBC
35'
~etboc~ Line
51 of 102
BEFORE THE CITY COUNCIL OF THE
CITY OF MAIZE, SEDGWICK COUNTY, KANSAS
IN THE MATTER OF THE VACATION OF
Complete access control for
Lots 2, 3, 3a inclusive Block 5, Wyn-Wood Addition,
Maize, Kansas
GENERALLY LOCATED
At the northeast corner of 37th Street North and
Maize Road
MORE FULLY DESCRIBED BELOW
)
)
)
)
)
)
)
)
)
)
Case No. V-02-015
VACATION ORDER
NOW on this 20th day of July, 2015 comes on for hearing the petition for vacation filed by
Walker, Lane & Reed, LLC praying for the vacation of the following described element of final plat,
to-wit:
Complete access control, as platted for Lots 2, 3 and 3a inclusive, Block 5, Wyn-Wood
Addition, Maize, Kansas
The City Council, after being duly and fully informed as to fully understand the true nature of
this petition and the propriety of granting the same, makes the following findings:
1.
That due and legal notice has been given by publication as required by law, by
publication in The Clarion on March 12, 2015, which was at least 20 days prior to the public
hearing.
2.
No private rights will be injured or endangered by the vacation of the above-described
access control, and the public will suffer no loss or inconvenience thereby.
Cemetery and PBC
52 of 102
3.
In justice to the petitioner(s), the prayer of the petition ought to be granted.
4.
No written objection to said vacation has been filed with the City Clerk by any owner
or adjoining owner who would be a proper party to the petition.
5.
Vacation of complete access control, except for one opening shall be granted upon
recording with the Sedgwick County Register of Deeds.
IT IS, THEREFORE, BY THE CITY COUNCIL, on this 20th day of July, 2015 ordered that
the above-described access control is hereby vacated. IT IS FURTHER ORDERED that the City
Clerk shall certify a copy of this order to the Register of Deeds of Sedgwick County.
____________________________
Clair Donnelly, Mayor
ATTEST:
______________________________
Jocelyn Reid, City Clerk
Approved as to Form:
________________________________
Thomas J. Powell, City Attorney
Cemetery and PBC
53 of 102
MAIZE PARK CEMETERY
MONDAY, AUGUST 4, 2014
The Maize Cemetery Association District was called to order at 7:05 p.m., on
Monday, August 4, 2014, for a Regular Meeting with Karen Fitzmier presiding. The
following Maize Park Cemetery district members were present, Donna Clasen, Karen
Fitzmier, Pat Stivers, Alex McCreath and Clair Donnelly.
Also present were Sue Villarreal, Recording Secretary; Richard LaMunyon, City
Administrator, Rebecca Bouska, Deputy City Administrator and Jocelyn Reid, City
Clerk.
APPROVAL OF AGENDA:
The agenda was submitted for approval.
MOTION:
Donnelly moved to approve the agenda as presented.
Stivers seconded. Motion carried.
APPROVAL OF MINUTES:
Approval of Minutes - Board Meeting of July 21, 2014.
MOTION:
Donnelly moved to approve the July 21, 2014 minutes
with the following change:
Change Maize Cemetery Association District to Maize
Park Cemetery.
Clasen seconded. Motion carried.
OPEN PUBLIC HEARING FOR 2015 MAIZE PARK CEMETERY BUDGET
7:32 P.M.
CLOSE PUBLIC HEARING FOR 2015 MAIZE PARK CEMETERY BUDGET
7:33 P.M.
ADOPT 2015 MAIZE PARK CEMETERY BUDGET
MOTION:
ADJOURNMENT:
7:34 P.M.
MOTION:
Donnelly moved to adopt the 2015 Maize Park
Cemetery Budget as proposed.
McCreath seconded. Motion carried.
Donnelly moved to adjourn.
Stivers seconded. Motion Carried.
Cemetery and PBC
54 of 102
ANNUAL MEETING
AGENDA ITEM # 5
ITEM:
CEMETERY BOARD APPOINTMENT & ELECTION OF OFFICERS
BACKGROUND:
Alex McCreath has a four-year term that will expire this year and his reappointment to a fouryear term to the board needs to take place at this annual meeting
On July 21, 2014 the following Cemetery Officers were elected to office:
Karen Fitzemier - Chairperson
Donna Clasen - Vice-Chairperson
Clair Donnelly - Trustee
Alex McCreath - Trustee
Pat Stivers
- Trustee
None
None
1. Reappoint Alex McCreath to the Maize Park Cemetery Board to a four (4) year term.
2. Elect:
1 - Chairperson
1 - Vice-Chairperson
3 - Trustees
Cemetery and PBC
55 of 102
REGULAR MEETING
AGENDA ITEM # 7A
ITEM: PROPOSED 2016 MAIZE PARK CEMETERY BUDGET
BACKGROUND:
The 2016 proposed budget has been prepared for consideration and action.
The Board and staff met for a budget workshop earlier.
The budget reflects and supports the direction of the Board.
It is in compliance with State laws and is supported by the City Administrator, recording
secretary and the City’s Financial Advisor.
The attached budget reflects a slight increase but does not require a vote publication by
the Council.
Compliance with state law regarding forms and budget schedule is required.
1. Authorize publication of the proposed Cemetery 2016 budget in The Clarion.
2. Set the public hearing on the proposed Cemetery budget for Monday, August 3,
2015 at 7:00 p.m.
Cemetery and PBC
56 of 102
State of Kansas
Special District
CERTIFICATE
2016
To the Clerk of Sedgwick, State of Kansas
We, the undersigned, officers of
Maize Park Cemetery
certify that: ( 1) the hearing mentioned in the attached publication was held;
(2) after the Budget Hearing this budget was duly approved and adopted
maximum expenditures for the various funds for the year 2016; and (3) the
Amount(s) of2015 Ad Valorem Tax are within statutory limitations for the 2016 Budget.
2016 Adopted Budget
Table of Contents:
Computation to Detennine Limit for 2016
Allocation MVT, RVT,16/20M Vehicle Tz
Statement of Indebt. & Lease/Purchase
Fund
K.S.A.
General
0
Debt Service
10-113
Totals
Budget Summary
Page
No.
Budget Authority
for Expenditures
Amount of2015
Ad Valorem Tax
County
Clerk's
Use Only
2
3
4
5
8,034
161,706
6
xxxxxxxxx
0
8,034
161,706
Vote publication required'?
No
County Clerk's Use Only
Nov. 1, 2015 Total
Assessed Valuation
Assisted by:
Address:
Email:
Attest: _ _ _ _ _ _ _ _ , 2015
Governing Body
County Clerk
Page No. 1
Cemetery and PBC
57 of 102
Maize Park Cemetery
Sedgwick
FUND PAGE FOR FUNDS WITH AT AX LEVY
Adopted Budget
General
Receipts:
Ad Valorem Tax
Delinquent Tax
Motor Vehicle Tax
16/20M Vehicle Tax
Watercraft Tax
LAVTR
In Lieu of Taxes
2016
Prior Year
Actual for 2 0 14
161,879
6,553
227
980
Lot Sales
Interments
Stone Sets
Interest
Miscellaneous
Does misc. exceed I 0% of Total Receipts
Total Receiots
Expenditures:
Operations
Improvements
Current Year
Estimate for 2015
166,084
State of Kansas
Special District
Proposed Budget
Year for 2016
138,319
884
8
3
23
0
0
22,700
8,600
1,050
344
10,000
4,000
600
200
10,000
4,000
500
200
40,454
202,333
22,235
188,319
15,617
153,936
22,009
14,240
20,000
30,000
25,000
136,706
Miscellaneous
Does misc. exceed 10% Total Expenditure·
Total Exoenditures
36,249
161,706
50,000
166,084
161,706
140,265
139,901
Total Expenditure/Non-Appr Balance
161,706
7,770
Tax Required
264
3.4%
8,034
Page No. 6
Cemetery and PBC
58 of 102
NOTICE OF BUDGET HEARING
The governing body of
Maize Park Cemetery
Sedgwick
will meet on August 3, 2015 at 7:00 PM at Maize City Hall for the purpose of hearing and
answering objections of taxpayers relating to the proposed use of all funds and the amount of tax to levied.
Detailed budget infonnation is available at 10100 Grady Avenue Maize, KS 67101 and will be available at this hearing.
BUDGET SUMMARY
Proposed Budget 2016 Expenditures and Amount of 2015 Ad Valorem Tax establish the maximum limits
of the 2016 budget. Estimated Tax Rate is subject to change depending on the final assessed valuation.
FUND
General
Debt Service
State of Kansas
Special District
2016
Proposed Budget Year for 2016
Prior Year Actual 2014 Current Year Estimate for 201
Actual
Actual Budget Authorit) Amountof2015 Estimate
Expenditures
Tax Rate* for Expenditures Ad Valorem Tax Tax Rate*
Expenditures Tax Rate*
8,034
0.141
161,706
50,000
0.139
36,249
0.141
Totals
Less: Transfers
Net Expenditures
Total Tax Levied
Assessed Valuation
36,249
0
36,249
6,824
48,292,429
0.141
50,000
0
50,000
7,435
53,495,014
0.139
161,706
0
161,706
xxxxxxxxxxxxxxxx
56,998,203
8,034
0.141
Outstanding Indebtedness,
Jan 1,
G.0. Bonds
Revenue Bonds
Other
Lease Pur. Prine.
Total
*Tax rates are expressed in mills.
Maize Park Cemetery District
0
Page No.
7
Cemetery and PBC
59 of 102
REGULAR MEETING
AGENDA ITEM 4A
ITEM: Public Works Facility
BACKGROUND:
On June 1, 2015 the Council approved a resolution requesting the Maize Public Building
Commission issue revenue bonds to pay for the construction of a new Public Works maintenance
facility in an amount not to exceed $1,125,000.00.
On June 1, 2015 the Maize Public Building approved a resolution of intent to issue revenue
bonds in an amount not to exceed $1,125,000.00 (includes cost of issuance)
On June 1, 2015 the Maize Public Building Commission accepted the bid from Evans Building
Co., Inc. in the amount of $818,500.00 to build a new Public Works Maintenance facility and
authorize additional costs for technology, equipment, furniture and appliances in an amount not
to exceed $200,000 for a total amount of $1,018,550.00 subject to an approved funding formula.
On July 13, 2015 staff was instructed to provide Revenue Bond funding for the project not to
exceed 10 years.
An AIA agreement document to build the new Public Works Maintenance Facility has been
completed with Evans Building Co. for Public building Commission approval.
The agreement documents are included in this Council packet.
Revenue Bonds will be issued in an amount not to exceed $1,125,000.00 for 10 years.
Interest rate is estimated at 2.75% with an annual payment estimated to be $130,000.
Money to for the payment is available in the city budget without any increase in taxes or
reduction in services.
City Attorney approves the agreement as to form.
Approve the AIA agreement document in an amount not to exceed $818,500 with the Evans
Building Co. and authorize the Mayor to sign.
Cemetery and PBC
60 of 102
~.-~..
-.:AI 1\_
A®
Document A141™- 2004
Standard Form of Agreement Between Owner and Design-Builder
day of
AGREEMENT made as of the
in the year of
TWENTIETH
TWO THOUSAND FIFTEEN
JULY
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address and other information)
CITY OF MAIZE
10100 GRADY AVE.
PO BOX 245
MAIZE, KS 67101-0245
(316) 722-7561
(316) 722-0376 FAX
[email protected]
and the Design-Builder:
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
Consultation with an attorney is
also encouraged with respect to
professional licensing
requirements in the jurisdiction
where the Project is located.
.. ··.
(Name, address and other information)
EVANS BUILDING CO., INC.
9801 WEST YORK ST.
PO BOX 12086
WICHITA, KS 67277
(316) 524-0103
(316) 524-2562 FAX
For the following Project:
(Name, location and detailed description)
CITY OF MAIZE PUBLIC WORKS FACILITY
5600 N. MAIZE ROAD, MAIZE, KANSAS 67101
Construct·i on of a new Public Works Building to be located at 5600 N. Maize Road,
City of Maize Kansas. Said building shall be constructed to meet all spe~ifications
as outlined in "Specificat.i ons for City of Maize" dated May 26, 2015. These
specifications are a part of this document and is outlined as follows:
1. Site Work and Parking
11. Plumbing
2. Concrete
12. HVAC
3 •. Metal Building
13. Electric
4. Insulation
5. Overhead Doors .
6. Structural
7. Interior Finishc
8. Masonry
9. Graphics
10. Glass and Glazing
The Owner and Design-Builder agree as follows.
AIA Document A141 ™- 2004. Copyright © 2004 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, e-mail The American
61 of 102
Institute of Architects' legal counsel, [email protected].
Cemetery and PBC
1
TABLE OF ARTICLES
1
THE DESIGN-BUILD DOCUMENTS
2
WORK OF THIS AGREEMENT
3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4
CONTRACT SUM
5
PAYMENTS
6
DISPUTE RESOLUTION
7
MISCELLANEOUS PROVISIONS
8
ENUMERATION OF THE DESIGN-BUILD DOCUMENTS
TABLE OF EXHIBITS
A
TERMS AND CONDITIONS
B
DETERMINATION OF THE COST OF THE WORK
C
INSURANCE AND BONDS
ARTICLE 1 THE DESIGN-BUILD DOCUMENTS
§ 1.1 The Design-Build Documents fqrin the Design-Build Contract. The Design-Build Documents consist of this
Agreement between Owner and Design-Builder (hereinafter, the "Agreement") and its att~ched Exhibits;
Supplementary and other Conditions; Addenda issued prior to execution of the Agreement; the Project Criteria,
including changes to the Project Criteria proposed by the Design-Builder an,d ficc;~pted by the Owner, if any; the
Design-Builder's Proposal and written modifications to the Proposal accepted by the Owner, if any; other documents
listed in this Agreement; and Modifications issued after execution of this Agreement. The Design-Build Documents
shall not be construed to create a contractual relationship of any kind (1) between the Architect and Owner, (2) between
the Owner and a Contractor or Subcontractor, or (3) between any persons or entities other than the Owner and DesignBuilder, including but not limited to any consultant retained by the Owner to prepare or review the Project Criteria. An
enumeration of the Design-Build Documents, other than Modifications, appears in Article 8.
§ 1.2 The Design-Build Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral.
§ 1.3 The Design-Build Contract may be amended or modified only by a Modification. A Modification is (1) a written
amendment to the Design-Build Contract signed by both parties, (2) a Change Order, (3) a Construction Change
Directive or (4) a written order for a minor change in the Work issued by the Owner.
ARTICLE 2 THE WORK OF THE DESIGN-BUILD CONTRACT
§ 2.1 The Design-Builder shall fully execute the Workdescribed in the Design-Build Documents, except to the extent
specifically indicated in the Design-Build Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencernent ~f the Work shall be the date of this Agreement unle~s a different date is stated below or
provision is made forthe' date to be fixed in a notice issued by the Owner.
.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be
fixed in a notice to proceed.)
AIA Document A141™-2004. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA®Document is
American
permitted
to reproduce ten (10) copies
of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The62
Maize Council/Cemetery/PBC
Meeting
of 102
Cemetery and PBC
2
If, prior to the commencement of Work, the Owner requires time to file mortgages, documents related to mechanic's liens
and other security interests, the Owner's time requirement shall be as follows :
(Insert Owner's time requirements.)
.
The date of issuance of the firtal permit By the governing authority: Provided,
however, such date 'shall be no later than sixty(60) days from the date this
Agreement is entered into, unless failure to obtain the final permit is such
time due to condition beyond the control of the Design/Builder. ·
§ 3.2 The Contract Time shall be measured from the date of commencement, subject to adjustments of this Contract Time
as provided in the Design-Build Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early
comf?letion of the Work.)
TP,e 1:>E7~_ign/B~ilder sha:~~ b.e a~~E!ssed liguidi:i:~ ~d damages in tp.e · am~~nt of Qne Ht!ndred
Dollars "($100.00) per · C:a'.lendar day comni.encirig tipon .the first day ·following 'Three ;:,, · .·
liiiiidreci
Sixty..'..fi~e
(365)
caie~dar.
fi~in th~
·' dat~ of' c~~eric~ment
~nd ' coritinuing
:
.
.
·,
. .
.
\ .
·..
.
.
.
.
.
.
until Substantial Completion of the Work has occurred. ·
§ 3.3 The Design-Builder shall achieve Substantial Completion of the Work not later than 365
days from the
date of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. Unless stated elsewhere in the Design-Build Documents, insert any requirements for earlier Substantial
Completion of certain portions of the Work.)
'
;
days.
~
'
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Design~Builder the ~orttractSum in current funds for the Design-Builder's perfo1:rmmce of
the Design-Build Contract. The Contract Sum shall be one of the following:
(Check the appropriate box.)
·-
I!]
Stipulated Su,m in accordance with Section 4.2 below;
D
Cost of the Work Plus Design-Builder' s Fee in accordance with Section 4.3 below;
·D
Cost of the Work Plus Design-Builder's Fee with a Guaranteed Maximum Price in accordance
with Section 4.4 below.
(Based on the selection above, complete either Section 4.2, 4.3 or 4.4 below.)
§ 4.2 STIPULATED SUM Eight Hundre.d Eighteen Thousand,
§ 4.2.1 The Stipulated Sum shall be
Five Hundred Fifty
Dollars($ 818, 550. 00 ), subject to
additions and deductions as provided in the Design-Build Documents.
§ 4.2.2 The Stipulated Sum is based upon the following alternates, if any, which are described in the Design-Build
Documents and are hereby accepted by the Owner:
None
§ 4.2.3 Unit prices, if any, are as follows :
None
§ 4.2.4 Allowances, ifany, are as follows:
(Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.)
None .
AIA Document A141™-2004. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA®Document is
permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract' Documents, e-mail The American
63 of 102
Institute
of Architects" legal counsel,Meeting
[email protected]. Regular Council July 20, 2014
Cemetery and PBC
3
§ 4.2.5 Assumptions or qualifications, if any, on which the Stipulated Sum is based, are as follows :
None
§ 4.3 COST OF THE WORK PLUS DESIGN-BUILDER'S FEE
§ 4.3.1 The Cost of the Work is as defined in Exhibit B.
N/A
§ 4.3.2 The Design-Builder's Fee is:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Design-Builder's Fee and the
method of adjustment to the Fee for changes in the Work.)
N/A
§ 4.4 COST OF THE WORK PLUS DESIGN-BUILDER'S FEE WITH A GUARANTEED MAXIMUM PRICE
§ 4.4.1 The Cost of the Work is as defined in Exhibit B, plus the Design-Builder's Fee.
N/A ·
§ 4.4.2 The Design-Builder's Fee is:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Design-Builder's Fee and the
method of adjustment to the Fee for changes in the Work.)
N/A
§ 4.4.3 GUARANTEED MAXIMUM PRICE
§ 4.4.3.1 The sum of the Cost of the Work and the Design~J3uilder' s Fee is guaranteed by the Design-Builder not to ex~eed
Dollars·($
), subject to additions and decfuctions by changes in the Work as provided in the Design~Build
Documents. Such maximum sum is referred to in the Design-Build Documents as the Guaranteed MaximµIii'Pr}Ge . Costs
which would cause the Guaranteed Maitjpl.tln-rPrice to be exceeded shall be paid by the Design-Builder withOut
reimbursement by the Owner.
(Insert specific provisions if the Design-Builder is to participate in any savings.)
N/A
§ 4.4.3.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the DesignBuild Documents and are hereby accepted by the Owner:
N/A
§ 4.4.3.3 Unit Prices, if any, are as follows :
N/A
§ 4.4.3.4 Allowances, if any, are as follows :
(Identify and state the amounts of any allowances, and state whether they include labor, materials, or both,.)
N/A
§ 4.4.3.5 Assumptions, if any, ·9n which the Guaranteed Maximum Price is based, are as ~ollows:
(Identify the assumptibnson which the Guaranteed Maximum Price is based.)
N/A
AIA Document A141™- 2004. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA®Document is
permitted
of this document when
completed.
To report
copyright
Meeting
of 102
Regular
Council
July 20,
2014violations of AIA Contract Documents, e-mail The64American
Cemetery and PBC
4
§ 4.5 CHANGES IN THE WORK
§ 4.5.1 Adjustments of the Contract Sum on account of changes in the Work may be determined by any of the methods
listed in Article A.7 of Exhibit A, Terms and Conditions.
§ 4.5.2 Where the Contract Sum is the Cost of the Work, with or without a Guaranteed Maximum Price, and no specific
provision is made in Sections 4.3.2 or 4.4.2 for adjustment of the Design-Builder's Fee in the case 6fCJ:i,anges in the Work,
or if the extent of such changes is such, in the aggregate, that application of the adjustment will c.11,il$e substantial inequity
to the Owner or Design-Builder, the Design-Builder's Fee shall be equitably adjusted on·the basis of the Fee established
for the original Work, and the Contract Sum shall be adjusted accordingly.
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
,
,
§ 5.1.1 Based upon Applications for Payment submitted to the Owner.by the Design-Builder, the Owner shall make
progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the DesignBuild Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the
month, or as follows :
§ 5.1.3 Provided that an Application for Payment is received not later than the LAST
day of month, the Owner
shall make payment to the Design-Builder not later than the TWENTIETg .. day of the FOLLOWlhlfuth. If an
Application for Payment is received by the Owner after the application d~te fixed above, payment shall be made by the
.
Owner not later than TWENTY (20) days after the O'Yller rec~ives the Application for Payment.
§ 5.1.4 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cosfofthe
Work with a Guaranteed Maximum Price, theJ)esign,,,Builder shall submit payrolls, petty cash accounts, q:ceipteQ,,invoices
or invoices with check vouchers attached~ . a!;J.Ji any bther evidence required by the Owner to demonstrate thafcash
disbursements already made by the Desigri:-Builder on account of the Cost of the Work equal or exceed (1) progress
payments already received by the De~,igh~Builder, less (2) that portion of those payments attfibut!ll:He to the DesignBuilder's Fee; plus (3) payrolls for the period covered by the present Application forJ;~ayfuent. ·
§ 5.1.5 With each Application for Payment where the Contract Sum is based tipon,a,,S tipulated Sum or Cost of the Work
with a Guaranteed Maximum Price, the Design-Builder shall submit the most recent schedule of values in accordance with
the Design-Build Documents. The schedule of values shall allocate the entire Contract Sum among the-various portions of
the Work. Compensation for design services shall be shown separately. Where the Contract Sum is based on the Cost of
the Work with a Guarantee~ Maximum Price, the Design-Builder's Fee shall be shown separately. The schedule of values
shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This
schedule of values, unless objected to by the Owner, shall be used as a basis for reviewing the Design-Builder's
Applications for Payment.
·
§ 5.1.6 In taking action on the Design-Builder's Applications for Payment, the Owner shall be entitled to rely on the
accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made a
detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Sections 5.1.4 or
5.1.5, or other supporting data; to have made exhaustive or continuous on-site inspections; or to have made examinations to
ascertain how or for what purposes the Design-Builder has use.ct amounts previously paid on account of the Agreement.
Such examinations, audits and verifications, if required by Jn~' Owner, will be performed by the Owner's accountants
··
acting in the sole interest of the Owner.
§ 5.1.7 Except with the Owner's prior approval, the Design-Builder shall not make advance payment$ to ~.uppliers for
materials or equipment which have ·not been delivered and stored at the site.
§ 5.2 PROGRESS PAYME,N1S - STIPULATED SUM
§ 5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of
completion of each portion of the Work as of the end of the period covered by the Application for Payment.
AIA Document A 141™-2004. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA®Document is
permitted
completed.
To report
American
Meeting
of 102
Regular
Council
July copyright
20, 2014violations of AIA Contract Documents, e-mail The65
Cemetery and PBC
S
§ 5.2.2 Subject to other provisions of the Design-Build Documents, the amount of each progress payment shall be
computed as follows:
.1
Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of
percent (
% ) on the Work, other than services provided by design professionals and other
consultants retained directly by the Design-Builder. Pending final determination of cost to the Owner of
Changes in the Work, amounts not in dispute shall be included as provided in Section A.7.3 .8 of Exhibit
A, Terms and Conditions;
.2
Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in
advance by the Owner, suitably stored off the site .at a location agreed upon in writing), less retainage of
percent (
%);
.3
Subtract the aggregate of previous payments made by the Owner; and
.4
Subtract amounts, if any, for which the Owner has withheld payment from or nullified an Application for
Payment as provided in Section A.9.5 of Exhibit A, Terms and Conditions.
§ 5.2.3 The progress payment amount determined in accordance with Section 5.2.2 shall be further modified under the
following circumstances:
.1
add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full
amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete Work,
retainage applicable to such work and unsettled claims; and
(Section A.9.8.6 of Exhibit A, Terms and Conditions requires release of applicable retainage upon
Substantial Completion of Work with consent of surety, if any.)
.2
add, if final completion of the Work is thereafter materially delayed through no fault of the DesignBuilder, any additional amounts l?ayable in accordance with Section A.9.10.3 of Exhibit A, Terms and
Conditions.
§ 5.2.4 Reduction or limitation of reulinage, if any, under Section 5.2.2 shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the
percentages inserted in Sections 5.2.2.I and 5.2.2.2 above, and this is not explained elsewhere in the Design-Build
Documents, insert here provisions for such reduction or limitation.)
N/A
§ 5.3 PROGRESS PAYMENTS - COST OF THE WORK PLUS A FEE
§ 5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum Price,
Applications for Payment shall show the Cost of the Work actually incurred by the Design-Builder through the end of
the period covered by the Application for Payment and for which Design-Builder has made or intends to make actual
payment prior to the next Application for Payment.
.1
Take the Cost of the Work as described in Exhibit B;
.2
Add the Design-Builder's Fee, less retai,riage of
% ). The DesignBuilder's Fee shall be computed upon the.Cost of the Work described in the preceding Section 5.3.;2.1 at
the rate stated in Section 4.3.2; or if the Design-Builder's Fee is stated as a fixed sum in that se.ction, an
amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the preceding section
bears to a reasonable estimate of the probable Cost of the Work upon its completion;
.3
Subtract the aggregate of previous payments made by the Owner;
.4
Subtract the shortfall, if any, indicated by the Design-Builder in the do<:!umentation required by Section
5.1.4 or resulting from errors subsequently discovered by the Owner's accountants in such
documentation; and
.5
Subtract amounts, if any, for which the Owner has withheld or withdrawn a Certificate for Payment as
provided in the Section A.9.5 of Exhibit A, Terms and Conditions.
AIA Document A141™- 2004. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA®Document is
permitted
completed.
To report
American
Meeting
of 102
Regular
Council
Julycopyright
20, 2014violations of AIA Contract Documents, e-mail The66
Cemetery and PBC
6
§ 5.3.3 Retainage in addition to the retainage stated at Section 5.3.2.2, if any, shall be as follows:
§ 5.3.4 Except with the Owner's prior approval, payments for the Work, other than for services provided by design
professionals and other consultants retained directly by the Design-Builder, shall be subject to retainage of not less than
(
%). The Owner and Design-Builder shall agree on a mutually acceptable procedure
for review and approval of payments and retention for Contractors.
§ 5.4 PROGRESS PAYMENTS - COST OF THE YJORK PLUS A FEE WITH A GUARANTED MAXIMUM PRICE
§ 5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed
Maximum Price shall show the percentage of completion of eacb·portion of the Work as of the end of the period covered
by the Application for Payment. The percentage of completion shall be the lesser of ( 1) the percentage of that portion of the
Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been
incurred by the Design-Builder on account of that portion of the Work for which the Design-Builder has made or intends to
make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price
allocated to that portion of the Work in the schedule of values.
.1
Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage of completion of each portion of the Work by the share of the
Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final
determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as
provided in Section A.7 .3.8 of Exhibit A, Terms and Conditions;
.2
Add that portion of the Guarantt;:ed Maximum Price properly allocable to materials an,d equipment
delivered and suitably stored·at the site for subsequent incorporation in the Work, or if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing;
Add the Design-Builder's Fee, less retainage of
(
% ). The Design.3
B uilder' s Fee shall be computed upon the Cost of the Work descriqed in the two preceding sections at
the rate stated in Section 4.4.2 or, if the Design-Builder's Fee is stated as a fixed sum in that section,
shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work in the two
preceding sections bears to a reasonable estimate of the probable Cost of the Work upon its completion;
.4
Subtract the aggregate of previous payments made by the Owner;
Subtract the shortfall, if any, indicated by the Design-Builder in the documentation required by Section
.5
5.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by
the Owner's accountants in such documentation; and
.6
Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as
provided in Section A.9.5 of Exhibit A, Terms and Conditions.
§ 5.4.3 Except with the Owner's prior approval, payments for the Work, other than for services provided by design
professionals and other consultants retained directly by the Design-Builder, shall be subject to retainage of not less than
(
%). The Owner and Design-Builder shall agree on a mutually acceptable procedure
for review and approval of payments and retention for Contractors.
§ 5.5 FINAL PAYMENT
§ 5.5.1 Final payment, constituting the entire. unpaid
balance of the Contract Sum, shall be made by the Owner .to the
. ·Design-Builder no later than 30 days after the Design-Builder has fully performed the Design-Build Contract, including the
requirements in Section A.9.10 ofEXhibit A, Terms and Conditions, except for the Design-Bu.i lder's i-esponsibility to
correct non-conforming Work discovered after final payment or to satisfy other requirements, jf any, which extend beyond
final payment.
AIA Document A 141 ™- 2004. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA®Document is
67 of 102
Cemetery and PBC
7
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 The parties appoint the following individual to serve as a Neutral pursuant to Section A.4.2 of Exhibit A, Terms and
Conditions:
(Insert the name, address and other information of the individual to serve as a Neutral. If the pa,rties do not select a
Neutral; then the provisions of Section A.4.2.2 of Exh.ibit A, Terms and Conditions, shall apply.)
Richard LaMunyon, who is not a neutral party
10100 Grady Ave.
Maize, KS 67101
§ 6.2 If the parties do not resolve their dispute through mediation pursuant to Section A.4.3 of Exhibit A, Terms and
Conditions, the method of binding dispute resolution shall be ,thefq~lowing:
(If the parties do not select a method of binding dispute resolution, ihen the method of binding dispute resolution shall be
by litigation in a court of competent jurisdiction.)
(Check one.)
D
Arbitration pursuant to Section A.4.4 of Exhibit A, Terms and Conditions
!XI.
Litigation in a court of competent jurisdiction
D
Other (Specify)
§ 6.3 ARBITRATION
§ 6.3.1 If Arbitration is selected by the parties.as
~e J]iethod of binding dispute resolution, then any claim,,-dispµtecii:' other
matter in question arising out of or related :;fo this Agreement shall be subject to arbitration as provided·in Section A.4.4 of
Exhibit A, Terms and Conditions.
..
·
· ·
ARTICLE 7 MISCELLANEOUS PROVISIONS
§ 7.1 The Architect, other design professionals and consultants engaged by the Design"Build~r shall be persons or entities
duly licensed to practice their professions in the jurisdiction where the Projecrisfo9ated and are listed as follows:
(Insert name, address, license number, relationship to Design-Builder and other information.)
Wolf & Associates, Architect Consultant, 12225 Dove Hill Ct, Derby, KS 67037
Residental Structural Inspector, Structural Engineer Consultant, 1976 S Longford St
Wichita, KS 67207.
§ 7.2 Consultants, if any, engaged directly by the Owner, their professions and responsibilities are listed below:
(Insert name, address, license number, if applicable, and responsibilities to Owner and other information.)
none
§ 7.3 Separate contractors, if any, engaged directly by the Owner, their trades and responsibilities are listed below:
(Insert name, address, license number,
if applicable, responsibilities to Owner and other information.)
none
§ 7.4 The Owner's Designated Represent(ltive is:
(Insert name, address and o_ther infqrmation.)
Richard LaMunyon, City Administrator
10100 Grady Av:e ., PO Box 245 Maize, KS 67101
(316) 722-7561 Fax (316) 722-0346 rlamunyon@c'ityofinaize.org
§ 7.4.1 The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf with
respect to the Project.
68 of 102
Cemetery and PBC
8
§ 7.5 The Design-Builder's Designated Representative is:
(Insert name, address and other information.)
Bill Johnson
Evans Building Co., Inc. 9801 W. York St., PO Box 12086
(316) · 524-0103 Fax (316) 524-2562
Wichita, KS 67277
§ 7.5.1 The Design-Builder's Designated Representative identified above shall be authori,;z;ed'to a.c t on the DesignBuilder' s behalf with respect to the Project.
§ 7.6 Neither the Owner's nor the Design-Builder's Designated Representative shall be changed without ten days written
notice to the other party.
§ 7.7 Other provisiOns:
None
§ 7.7.1 Where reference is made in this Agreement to a provision of another Design-Build Document, the reference
refers to that provision as amended or supplemented by other provisions of the Design-Build Documents.
§ 7.7.2 Payments due and unpaid under the Design-Build Contractshfil!:bear interest from the date payment is due at the
rate stated below, or in the absence thereof, at the legal rate prevajpngfrom time to time at the place where the Project
··
is located.
(Insert rate of interest agree,d upon, if any.)
ONE PERCENT (1%) ABOVE PRI}fE
'Rt\TE PER ANNUM AS SET BY HALSTEAD BANK, MAIZE, KS
(Usury laws and requirements under th~ Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the Owner's and Design-Builder's principal places of business, the !Ocation of the Project and
elsewhere may affect the validity of this provision. Legal advice should be obtained 'fjJith f espect to deletions or
modifications, and also regarding requirements such as written disclosures or waivers.) · ·
ARTICLE 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS
§ 8.1 .The Design-Build Documents, except for Modifications issued after execution of this Agreement, are enumerated
as follows: N/A
§ 8.1.1 The Agreement is.this executed edition of the Standard Form of Agreement Between Owner and Design-Builder,
AIA Document Al 41-2004.
§ 8.1.2 The Suppl~mentary and other Conditions of the Agreement, if any, are as follows:
(Either list applicable documents below or refe.r to an exhibit attached to this Agreement.)
EXHJ:BIT "D"
§ 8.1.3 The Project Criteria, including changes to the Project Criteria proposed by the Design-Builder, if any, and
accepted by the Owner, consist of the following:
(Either list applicable documents and their datef b~lowor refer to an exhibit attached to this Agreement.)
EXHIBIT "E"
.
.
§ 8.1.4 The Design-Build~t's •Proposal, dated
, consists of the.following:
(Either list applicable documents below or refer to an exhibit attached to this Agreement.)
NONE
69 of 102
Cemetery and PBC
g
§ 8.1.5 Amendments to the Design-Builder's Proposal, if any, are as follows:
(Either list applicable documents below or refer to an exhibit attached to this Agreement.) '
NONE
"!
§ 8.1.6 The Addenda, if any, are as follows:
NONE
§ 8. b Exhibit A, Terms and Conditions.
(If the parties agree to substitute terms and conditions other than those contained in AJA Document AJ41-2004, Ex~ibit A,
Terms and Conditions, then identify such terms and conditions and attach to this Agree'!lent t:l~ Exhibit A.)
§ 8.1.8 Exhibit B, Determination of the Cost of the Work, if applicable.
(If the parties agree to substitute a method to determine the Cost of the Work other than that contained in AJA Document
Al41-2004, Exhibit B, Determination of the Cost of the Work, then identify such other method to determine the Cost of the
Work and attach to this Agreement as Exhibit B. If the Contract Sum is a Stipulated Sum, then Exhibit Bis not applicable.)
§ 8.1 .9 Exhibit C, Insurance and Bonds, if applicable.
(Complete AJA Document Al41-2004;, Exhibit C, Insurance and Bonds or indicate "not applicable.")
§ 8.1.10 Other documents, if any, fonning part of the Design-Build Documents are as follows:
This Agreement is entered into as of the day and year first written above and is executed in at least three original
copies, of which one is to be delivered to the Design-Builder and one to the Owner.
OWNER (Signature)
DESIGN-BUILDER (Signature)
(Printed name and tiile)
(Printed name and title)
CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that
changes will not be obscured.
it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under. the law. Purchasers are
permitted
of this document when completed . To report copyright violations of AIA Contract Documents, e-mail The70
American
Meeting
of 102
Cemetery and PBC
10
EXHIBIT "D" OF THE CONTRACT FOR CONSTRUCTION
AIA DOCUMENT A141-2004, AS MODIFIED FOR THIS PROJECT
1. Article 4
Item 4.1 - Insert "not to exceed" statement after Stipulated so item will state:
Stipulated Not to Exceed Sum in accordance with Section 4.2 below:
Item 4.2.1 - Insert "not to exceed" statement after Stipulated so item will state:
The Stipulated Not to Exceed Sum ...
Item 4.5.2 - delete entire paragraph
2. Article 5
Item 5.2 - Insert "not to exceed" statement after Stipulated in all instances
Item 5.2.2 and 5.2.3 - Insert "not to exceed" statement after Contract in all instances
Item 5.3.1 thru item 5.4.3 - delete entire sections
3. Article 6
Item 6.3 .1 - delete entire paragraph
Cemetery and PBC
71 of 102
EXHIBIT "E" OF THE CONTRACT FOR CONSTRUCTION
AIA DOCUMENT A141-2004, AS MODIFIED FOR THIS PROJECT
ADDITIONAL DESIGN-BUILD DOCUMENTS:
1. CONTRACT SPECIFICATIONS
2. BLUEPRINTS AND DRAWINGS
Cemetery and PBC
72 of 102
Additions and Deletions Report for
AJA• Document A141°"' - 2004 Exhibit A
This Addltio~ and Deletions Report, aa defined on page 1 cf the associated doCtMlel'C, reproduces below d text the author has
added to the standard folm AIA document In order to complete It, as weU as any text the author m8¥ have added to or deleted from
the original AJA text. Added text Is shown underlined. Deletad text ls Indicated with a horizontal Una through Iha original AJA text.
Nata: Thi& Additions and Deletions Report is provided for lnformalan purposes only m:l ls not lncorporaled lnlo or constitute any
part of the associated AIA document. This Additions and Deletions Report and Its 8880Ciated document were generated
sinullaneously by AJA. software at 14:22'45 on 10/12/2006.
PAGE1
PAGE3
The ~-Build Documents are identified in Section 1.1 and Article 8 of the Agp::ement.
A-The Design-Builder will act as the Contractor is a pereea 81' emily, edlef *r fm:..the Afehiteel; *8t 9 a diNet
eenmet widl die I>~ Bui'ds 119 Proiect and. as snch. will perform or otbmwise be responsible for all er a peRiea
of thC ~Construction m}1lired in connection with the Wort. The tmm ''Contrackr' is refem:d 10
throughout the Design-Build Documents as if singular in number llDd means a Contractor or an 8.IJfhorlmd
represenQltive of 1he Contractor. The term "Contractor'' does not include a separate contractor, as defined in Section
A.6.1.2, or subcon1ractors of a separate contractor.
'ibc term '"Wolk'' means the design. ccmstnu:don and services required by the Design-Build Documcnta, weet1leJ.:
e a&111leled wpaRiaD.y eemplete&; aad :which includes all other 1abor, matmaJs, equipment and services provided or
10 be provided by the Design-Builder 10 fulfill the Design-Builder's obligations. The Work may constitute the whole
Ma paR; of the Project.
Addltlanl and Dlletlana ~far AIA Doa.-Mnt A141111 -211M Exhibit I.. Cllp)Tlgllt 0 2004 by The American 1na11tut9 al AnHtacls. All llfglllll
.-wd. WARNING: Tiii• NA• Document la pralecllld by U.S. Copyright Law llnd International Tnatln. Unauthortmd reproduallon or dlslrlbudon of
thl• AJA• DOCUllllllll, ar any portion of It. may result In ..,,... clvll and crlmlnal penaltlell, Md will be Pl'OMCUbtd to lhe rmxlmlnn llldllnt poalbla
urulwlhe law. Thlad001.llllll'ltwu prodUOedby AIA8111lwar9llt1~an 10/12'2008 undllrOrderNo.1000218098_1whlclluplrasan112B/21X17, and Is not
tor resale.
U-Nolae:
(3107925081)
73 of 102
Cemetery and PBC
1
The Project is the total design BDd construction of which the Work perfonned under the Design-Build Documents
may 1'e is the Mele •a pllftt aed whieh: may iBeN8e de&ig& lllHl e8BltRletieBby &he ~el'~ separate
~
The Neutral Neutral. although not a neutral patty. ia the individual appointm by the Parties to decide Claims and
disputes pmsuant to Section A.4.2.1.
§ A.1.22 The~ Bdhlw allell 1'e eaft'cd te ~ ea Design-BuildeL 88 the mparer of the Proicct Criteria,
gwmmt.ees the .completeneas and accuracy of the information contained in the Project Criteria, but et g
SUiJMtees that llUCh iilformation complies with applicable laws, .regulations and eedes.., whiali &en 1'e . . nligstiea
9f lie 'De&ip Biliklar te ~. codes· In the event that a specific requiremmt of1he Project Crltmia conflicts
with applicable laws, regulations and codes, the Design-Builder abaD. fmniah Wolk which complies with such laws,
regulations and codes· IB aaeh ease, the Owner 'M' iw a Cbmge Qidef-te the Seaigm Bllikler aa1w die 'Deaip
B)iil:dar .-epizee .m aea sempliaaee pii9f te IJU!sadea efdlia A8ff meat BB8 Mile& te a.etily &lie O\w••
PAGE4
§ A.1.6.4 If this.Agreement is terminated for any Nllll8B ether •tr &lie dmvlt ef &he 9wae!o, mllm!...each of the
Design-Builder'ii design professionals, Jncluding the Architect. shall be c:ontractually ~to convoy to 1be
Owner a non-exclusive license to use that design profeasional's Instrummds of Service for the completion, use and
mahrten8!!Cf\ of the PNj-. eeedi1ieaed apea the Owner'a ;;:illaa aetiee te ti& deeiga. ,pmflalisaal eftlle 9Mlef'e
aa1t11ap&era
Desiga B~a ee!BBaeaal d1die8 8IMl e91igaliw ta dial lieaip ,...118i9Bal aad paJlllllM te
... lieaigB ~11$ierd ef.aD: aBl8IHltll due te that desiga prefeaaieaal aad ii& eellri'n='B Jf&he ~ lleea 'BM
as~ the :RBWiai".lg d!lt:iee l8ll ehliptieaa efdle Seeip B&iltlerte dlM deeigBpNH:a&ieeal 'llBdei'dli& t\gremBHt,
1:bsa the OwMF Mall i:adenmify aad heJd h•mkas tha1; deaigB: piefeaaieeal ha all elaima aad aay MJllHB;
~diag legal
wJBeh dlat deeip prefeaeieaal sbeP .._... iaear by ieaaeB ef the Ow.w'e use ef saeh
~ ef 88Pliee. Project. The Design-Builder shall hlcorporatc the JCqDirrments of tlUa Section Al.6.4 in all
agreements with its design profeasionals.
et•
:fee••
PAGE~
I A...1.2 The Q\lllllllf llll&ll famiali: te d!e 9eeiga Bald• withiB 1§ daya aler l888ipt ef a wriMea Nlfll'8t iBfmm:tieB
uee11111lff BBd ~t fer the »eaip B'1Hder te B'i'lll118te1 gi\"I aetiee ef er afaJee meeh9de'a liea ripta. heh
Blfe)!B'~• cb•D iaelede a eeneet etatiemat ef &lie mea legal title te the pE&feftJ ea wmali the P!ejeei is leea&ed,
awa11y 1efeeeii te Bil tile site, aad the Oww's i · 88f: ilmeia.
§ A.2.2.1 JBferntiea ar aeMeel ml}llifed efthe Owaer hy the Design ·Build l>eOIBB8B:tS ahaJl he famished 1'y die
~ widl ~aaeaallle p!l!IBllBtBBle .~y ed!er' iMsmriea 9f aeM:w Mlavall& te die Qeaiga &i'dr'a parfal"e asce
eftbe W. e.atleP die QWBeP' • eellfffll abaY he f\IFRlsbed e,i die 9waer after 1eeeif' flea the Beai:gB B'lliltler efa
wBaeB ftCl\lt6t fer Sll9li: i&fa 'iea Bl lleffisea.
0
§ .U.2.2 The OWQ« &ha1I ee reopeaaiWe te Jlf&-M llllfWY8i ifBBt re')8i!ed by &b8 DeaiSa B&iW l>eeumeBl!l te he
pmWletl llY. die De6ign·BuiWef, deaaftltiag ph.yeieal ~. legal limill:tieH, and atiHlf leel:tieM fm &he
aile ef this Pfejeet, ~a wmtea lepl del!efipdsB ef the llitea The....,. aad lega1 iBfe.mm'iBB ±a" i&eWe. ae
appliealtle; gmde11 aad liaes ef etreetll, alleys, pa·,iemerts1aad aitiehiBg ~ aad Bll'lleNresi a&jae& dmiPRge;
fjgllt8 ef way, ~. eaae111111ats, e&el'Bnelmn•a, l!MiBSi deed ieallielieB; hn=1 alie1; aad eente\1111 efdle aii8t
leeatieM, dim:imiem, &IHI aeeessary dafa p2Tfnir'1sg te llllistiBg 'mildb8fl> 9thM' i f9i ~emems &BEi trees; aad
:bferm_atieit ~ieg 4'trildtJe Rlit:y 11m"iees PB41iBea; beth pe1t1ie - pti"Jllte, ueve aad helew gaule,
ieelndiB_g illwm 8Bll ~· All the iaf9eratiea ea &he 11111"'18f shall 1'e 1& a Hd liB a P!ejeet IM!setmrk
§ A.2.2.3 The OwBer shall pmYid&; te the elltHt w!llila8Ie te the Owner a if aet RNtuired by die :oemga Bde
»emmm'O te lie prewded hy Che Qeaiga B'Bildw, die fll8Ulte lllHl :fe118l't8 ef pfief test&, ieapeetiw er iaveotigadeaa
eeB6aete4 fm d!8 Plejeet iB.velviBg 8IN«MltNl er meeh'Pieal &yBl8mll, elnaieal; air aad w-. pell:eti:ea1 h1111.Sell8
Addlllame."'111 Dllellllnall'Bpol1fw AIADocumenlA141111-20D4EllhlbltA. Coplf'lght 02004 by The American lnBtftut8of An:hlfllda. AUl'lghl9
, _ - . WARNING: Thia AJA8 Document la prateetad by U.S. Copyright Law and lmemadanal TraBUH. Unauthorized nipraduall111 ar cllatrlbutlon of
1111• AJA8 Document, or any partlon of It, may result In civil and criminal penlltlH, and will be prD88Cut9d flo Ille maximum 8lllnt possible
under the law. This daoument- pmduaad by AlA eoflwanl 8114:a2l4!1 on 10/1212008 under Order No.1000218083_1 whlah explnie on lllB/2007, and Is not
for 111111118.
U-Nolel:
(S107825Dil1)
Cemetery and PBC
74 of 102
2
mnkrin1s er e&Wreemcetal lllHI ININRufasc eoadhie&11 aae mfe='d911: reganfirg die f'R!HB80 e.f pelluta&1B at t8e
Pmjceg life.
obtainhld~t
· woftheDesign~-B
·
s~=on
•
contracto.r or co
timator
tract
Cmpioycd by the
~
anmtect.
the
y pro
.ieview
of the Wort.
e undertaken at the
'a expense • a timely
and shall not delay
S,u.a,1§A!l2 2 The Owner shall~ with the Design-Builder in securing building and other pct.l!li1B,
licenses and inspections. The Qww..Deaim-Builder shall 8CC!1Ie all building and othm pgri!JL licenses and
imtpections. and ahall :aetltc a~cd te pay the fee& for S1lCh JI&
lieeasee an8iaspeedw1181e88 as part of the
ee8f..Contract Price. The City of MHl1l fees ie BiEelllde& ffem t8e 1911p e.UHity M!iu, Kansai lU!8 yieed IQ waive Jts
~oflBc~·BuaUder&Bdef IBc 9eaiga BuiM 9eeameB'IB.aaid fees.
·a,
§ A.2.2.31 A..JM 'l1le 881"i'iee8. iBfermafieB; IRUVef9 &BEi 18J1ert& ~ te 'he pr&Vided ~ die O'Mlflf 1IBllef 8eeliea
/_,.a;~ .sbaP lle1=.ai&lled at dle·Qwller's apwe, &BEi die 9crlgr Baikler sllall lie ead:11ed te !81y ape.a die aeewy
and ee~se ~f. •BllP' ae edie.Arile llJleeifieaDy pl9'1"idetl is die »elliga Build l>eBUBleJl& er te t1fe rt *
die Qwaer lllviles the l)clligll BaiW• te 1he aeaam, ill wlitiBg.
§ A~7 If fJJe Owner cbsmvcs or otherwise becomes aware of a fault or defect in the Work ornon-coofonnity with
the Design-Build Docmnents. the Owner shall give prompt writlm notice thereof to the Deaign-Buildet.
§WA I A.l.M 1!1le C>wBfll' rbcll, at tile :f8llU88' ef the :Qelliga Builder, prier te aee&liea ef die llcllip BaiW
c.enilaet aad premptly up~ Rfi988' 1BcJeaftar, famiH: te Ille J>eaiga Bnildr R11eaahle Mii8Bll88 tlHlt 5 enrdcl
~tt l;lave.11aea·=nds te M1W die Owaer'e eblipiiBllB &llder the 9eeip PdJd l)enmeatB.
·§
.u» The Owner shall commnnjc:ate through the Design-Builder with peraons or entities emplO)'tld or retained by
ihe Design-Builder,·unlcss otherwise dUected by the Design-Builder.
§ ,U.2.10 'Ille ~ aMD. fut 'sh die 1181'9i.eee e.f geemehristi nginem et edler swu'tasm, ilaet 111..-1')r die
QeeJga B.&iW ~aei1arent ts he p!l'IWWed ~die »eaip Bail dw, a l!lllb&eil, air Bad water eeaditiw wile& all8Jl
&effieea are deemed tease11.W,· 11aees11&fY 8y die Deaiga PviMa te preperly ~ eut 111e ile&ip lilllFAw p.l&'l'idsil
by the l>emip :Bailder and die 9e&iga Build!Fa l ..--Wset 8ll8h &el'V'iees may iBebl:de, hm 818 B8' 1i&:il 1d: t&, eea
i,~ • Jit!t; dewi hntieiiti ef seil 1'811£iag valuer, psaelatioa Ma, wehnfNlll 9f krmlRS mruials, ~
eEerHa wJ !8DillBWty ksll!l, aed YINiSlllll'f eperaB9BI fer aatie.ipe'ing EBeil eesditiea& 'i:Jie llllFYieea-ef
i;aete Heal eagine~ er e6er e9Bfe1trt sbnll iaelade praparaliea aad l!IBMaillaiea ef all apJlf8p1'iate Npel'tll aed
prefeaaienel aesm=eedatiese.
§ .t..3.3.11 Th.a Owaer.l!haJJ pmmpdy eMaiB e11slll8Blll, amiBg vari:a:aeea, a
ntilizatie& wl!lea es118Jl'ia1 te the weetiea sf: the Owner's J'!'88f11Bh
legal wtborim'ieM regerlbg ai1B
PAGE7
§ A.3.2.3 The Design-Builder shall be respom11.1>lc 1P the Owner for acts and omissions of the Design-Builder's
employees, Architect, Conexactors, SubcoDtracton and their agents and employees, and other penons or entid.es,
i,ncluding the AtcJJitect and other design professionals, ped'orming any portion of the Design-Builder's obJigations
urulet the Design-Buµd Documents. Jn gdditiqn. it is nndt:!n!tnqd and greed 1hal the Owner is an Jptended thirdparty bepnficiary of all CODtractB with deai.an pmfeiisionale and SUbcontracts between the Design-Builder and third
parties. The Deslm-BWldel' shnlJ incqporatp the obligations of this Contract with the Owner in its reactive
cont:racfl with deirip grofeaaimeh and aubcontract8.
§ A.3.2A Tbe Design-Builder shall carefully study and compare the Design-Build Documents, materials and other
infmrsatiea prevjdell I>}' tile Ownel' p1:f88llE ls 8setiea 1...2.2, jnfmpation, ahal1 take field measurements of any
conditions related to the Wo.rk, shall observe any conditiom at the site affecting the Work. and report
eXistini
promptly to the Owner any mrors. inconsistencies or omissions discovered.
PAGES
AddhlOIW lllCI Dlldona lllport far AJA Dolllll'llllllt A.141 111 -2004 Eldllblt A. Cllpyrltht 0 2004 by The American lnBlllulB of An:hltecla. All rlgh1ll
.......,,., WARMNQ: Tllla AJA• Doownmt I• protecll9d by U.S. Copplght Law and lrnrnatfoml T'tlllldes. Unauthorlud reproductton or dlslrfbUliol'I ot
this AJA• DocUment, or sny parllon of It, msy rHUlt In uvere clvtl and criminal penaltlfl11, and wlll lie proaecutad to the maximum extent ponlble
under 111• law. 1hlll document was produced by /ldA •Dllwart at 14:22:46 on 10112/2008 under Order No.1000218083_1 which explAltl on 11281WXl7, and 111 not
for1918fe.
u..r Ncrlllr.
{3107925031)
Cemetery and PBC
75 of 102
3
§ A.3A.1 YBles& ediefwise pre\'ided ill die Deai8& Beild Deenmems, die ~gn-Builder shall provide er cause
to be pro'\li.ded and shall pay for design~ labor, materials, equipment, tools, co~on equipment and
machinery, water, beat, utilities, transportation and other facilities and scrvices necessary for propec cxccotion and
completion of tbc Work, whctbel 1mllp01'ary or pe!JDllDellt and whcthe.r or not incorporated or to be iru:oiporatccl in
theWmk..
§ A.3.5.1 The Design-Buildl'Z rcmresents and wao:ants the followiJ.J,g to the Ownm (in addition to any 011!«
nmresc;ntafinns and wammdm contained in the Coptract Documents>. as an inducement to lJae Owner to execute this
Contmct, which rqp;esqi!Ations and warranties ahall 811t'Vive the execution and deliver of this Conrnu:t. anv
t.etminati.on of ilis Contract. and the f!na] completiqn oftbe Worlc
(i)
_ tba1 it is able to fumj&b the 2lam tools. matqial& SUIJRlia. emWmcr* and labor regpjmd to
compI• ·the Wmk and perform its obligafions bmmndr;r;
Ciil
that it is antborized to do lmiriness in the State of Kansas and gomer1:y Ijqmgd by all necessaiy
pemmefUal and pu~c and --public BJrtbnritlm baying iurisdiction ayer it and over the Wort and the Proiect:
Cili)
. tb8t its ci.xecuti<>n of this Contract and its wfumwnce thereof ii within ita dp1y apdgimi powm:
. Uy)
that ita.duly authnrimf representative has yjaW the sifp of tlm Profect, famniaripd bimRelf with
t,be local and §peCial ooftdidona pndeJ: wbis;h theWorlc ii 1D be perfnmwf and mrml'W his obgmdona wilh the
reqidrementB of the cOntract.Dngpmnn; and
(y)
that it izospaes a high 1eycl of expmicncc and mgtisc in the bmriooss adminis1ndon. d!!fim
~· constluCtion JJl!!DBpmmi and 19J1!"rintmJdf!TUtY ofprqjects oftbo aize, mmplgUy agd Pl!fnm of this
parlicular Protect, and it will perl'orm the work with thB en •Jn11 and dilipnce of sm;b a dpign-Jp1t1dpr .
Tho fOrUomg -WNT!!Mee are in addition to. and not in lieu of. auy and all other Uabi)jty jmgoaod JUlQD d!;
ne&gn-Buildq by law With~ to tbc Desjsn-Bl1ildw'1 d11fim. obligatjqps and wt OW!"""" hpn!md;r- The
Desim-Biiildei acknowledges tba& tho Qwueris ~ gpon the Conlractor's 11nll and _.;mg in cmmecclon
withtbe Work ciUed for Mmprnler,
§ A.3.5.2 The Design-Builder WllD'IDts to the Owner tbat mate.dal1 and equipment furnished Ulldc:r the~ Bllil4
'98euliieitt8 Coi$'JCt wi11 be of good quality and new unless otherwise required or permitted by tbc :Deeiga BuiW
'lied "'1 law
er edtel=wia&; permitted. and that the Wmk will conform to the requiremcnta of the »eoiga. Baild Contract
Docun1cnm. Wolk not conforming to these rcquircmeDta, iDclmffng subatitotiom not properly approved and
anthorized. may .ah!Il..be CODlidcred defective. The Design-Builder's wammt:y excludes irmedy fur cla:m8ge or
~umentB, ~the Work will be free from defect8 not inherent in the quality requiled orpe
defect caused by abvae. :mMifications not cm:uted by the Design-Builder, impl:oper or insafficient maintenance,
improper ope¢ioD, or llOIIll8l wear and tear and normal uage. If..A!_rcquin:d by the Owner, the Design-Buildel'
~ fumish satisfactory evidence as to the kind and quality ofDmtmials and equipment.
PAGE10
I A,3.5.3 The Pe!ign-Bajldq agrem to assim 1he Owner at the fune of final oomplet!on of the Wort an.v and all
manufacturer's wamnties relating to mPriaJs and labor used in the Work and further agrees to perform the Wodt
in such a mpner so as to weacrve any and all spch manpf:actmer's W!!T!l!!tie!!·
§ A.3.&A W8l'J'8Dti.es which are 8!Jmdard warr@nties provided by a !!!Anpfactnrer •haJJ be recefyed by the PMignBniJdor, filled opt completely and filed with the company for the Owner. Certificates or mgistration l!lUbs 1hg1l be
included with thP Shop Drawings submittm for 1he Owner upon the completion of the Work, Jn the event that an
item mnstbe OMBfed miot' to Suh!tantia] Completion of the Proiect. that partiputar item's wammtvp«iodmaY
romrnPnce earlier thap Spbatantial Conmletion. jfgroyed by the OwMr· DociV!!!'iDt!tinu reprrlipg this itmn must
be iilcludeci in ArA poogmnnt #G7Q4 Certificate of Sub&tantial Comp]fitinn When writttJp, warrantic8 are presented.
the docimleitt sh8n include the following mfnrmptism;
m pame and address of the Prqjcct apd the Owner;
Clil
article and material or sysmm coyered;
Cfill
MJOO and !lf!rlmp of in!ltJ!Jling Design-Bnjldq;
Oy)
name and OOdmu of mime Deeigp,-Bpilder;
Cvl
dgnatpre of indiyjdpal BDthmized to sign contraclJ! for the company is!!lliu.J the wammty.
The Design-Builder pall p1'0!ide the following mtendM wmantie11;
Addlllona 11111 Dllall... ~far AIA Doaument A141111-2004 Exhibit A. CopJ'lal-i 0 2004 by The Amertoan lnllllllllll of Arllhltecta. All rlghbl
.-wcl. WARNING: Thia AIA• Dacument la prUl9cl9d by U.S. Copyright Law ..d lntarnefanal Traatlea. Unautharlzed rap'aductlan or dlatribllllan at
thll AJA• Document. or uy parllon of It, m1Y ruult In ..,,.. clvll end criminal penalt!M, and will be pl'OSeClltl!ld to thlt meslmum extent ponlble
&nfM'llte 11w. Thia document was pmdllDld by AIAaollwarell 14:22:415on 10/12l2006 undarOrderNo.100021ll098_1whlchaxplraeon1JM/2007, and ls not
forAlllale.
Uaar NalBa:
(31071125031)
76 of 102
Cemetery and PBC
4
minimum of five CS) years on air conditioning C0Dge880r!!:
mipjmnm of two (2) years on yarjahle fregUtlllcy driyea:
(fill
tpjnimnm often ClOl years on pAfhmt exchanger eggjmoopt with wammtY eui@tion dam;
(iy)
· minitmim of three (3l years on automated system controls.
The Design-Builder shall mark all egpjmpqit with the wman1;y ~ dam in Ianje ~ usi:a~ blaclc wmaneut
marker in 8D area that is easily 'Visible to maint;nAPce ponnnpcl,
Cil
(ii)
§ A.l.G.1 The :Qeei:gB B&iltlef sBall pay all aelea, awumea; use aad d-m1r tues fer tile We!'k pi'8'1"i&ed hy die
Deaiga lluiWer wWeh had 'hea legoDy eeaeted ea the date ef the Agt.~ wlledle.F 9f set yet effeslive 81' lll88ly
seaeau1ed te ge iate effeet.
§ A.3.8.1.A Ms.q;riaJ ~ eqµipmont incorporatpd into tbiA Prqject are Mmnt from the payment of sales tax under the
Jes of the State of lQmsaa, and such sates tax e1Ja11 not be included in the pmposal of the Bidder. Exclee tax or
bidden tax shall be paid by the ;pesign-Bm1der and be included in the Bid.
B.
The Qwnu shall provide the Design-Builder with an exemption rmjficate 'QPOI1 ispnm of the
forma] Notice to.PmceccL ·Should the Owner fail to proyidc an exenmtion cerlificate to the D¢&n-Builder. the
Design-Buildec shall immediatel~ notice the Ownq's Rqncsentatiye in writing.
C.
!l!!8Jl]]!Q full
lJ.pon issuance of a moper sm.mffon cerfilicate to Desigp-BuiJ.der. the Desisn-BuiJder shall
ms?onaimjity for its _own moper use of the @rtjfir,ate and efieJJ pay the COBt of av IAga]ly Maessed
penalties ftltatjng to the DC!i.QP-Builder's impmper use of the exemption certificate, If the Desim-Buildq fails to
comply ind a iales tax ex~ is not issued. the Desim-Builder ehaTI be J.'C4l)ODSible for an sba]I pay any sales tax
that is que without cost to the Owner,
D.
A Staie of K!nsas project conmletion certificate sba11 be presented to the Owner with closeout
doc•Dnool;s upo11: completiOn of the iob. Thia documstt is req:gired bcfom the Owmr will make fipal payment.
PAGE.13
§ A.3.17.1 Te Che felleet.eReB:t l'Pvritted hy law1 &he ~Dcsip.-Builda shall indemnify 8Dd hold hannlcss the
Owner, o~·a eeBlleltaata, - City of Mai?& Kan&as, agents and employees of any of them (the •rrndeJn11llml!'').
from and against .ill..claims, damages. losses and expemes. including but not limited to attomeys' fees, arising out of
0r nisu~g :from pcrlormam:c of the WOik, provided that such claim. damage, lose or expense is auributable io
bodily il:tjury, sicknesli, disease or ~or to injury to or destruction of tangible property ~than the
Work ~but only to the extent caused by the :negligent acts or omissions of the Design-Builder,~
a C?.e9'1f88'M, a Subcontractor, anyone ctirectly o.r indirectly employed by them or anyone for whose acts they may be
liable, re~s of whether or not such claim, damage, loss or c,xpense is caused in part by a party indemnified
hereunder. Such obligation shall not be constraed to negate, abridge or reduce other rights or obligations of
indemnity that would otherwise exist as to a party or penon described in this Section ~.A3.17.1.
§ A.3.17.3 The ~gn-Builder's indemnity obligations under this Section A.3.17 ebep a]m p;jfiailly include.
Wit.bout limitation. all fines, pepalties, damages. liability. costs and emenses (including. without limitad.on,
re&sonable attmneY fees), arising out of. or in conneclion with. any Cil yiolation of or failure to comply with any law.
stitu1e, ordinance, rule· :regnlation. code. or R9Jlimmept of a public agthmjtv that inyolves Work pedormeci by the
Design-Builder. Deugn-Buildet' s Subcontractgr. or any petBOD or entity for whom either is rgponsible; Ciil failure
to secure and pay for pcmrlq. fees. 1!Pm9yals, licenses. and fu.mections as required under the Contract Docnmen!§,
or any yio]ation of any permit or other gpproyaI of a public authority g)iCl!blc to the Work. by the Desip=BuiJdr.r.
a~ or any other PflSOJl or entity for whom either is retpODBible.
§ A.t1.2 Time Umlts on Claims. Claims by either party JDDSt be initiated within 21 days after occurrence of the event
giving rise to such Claim or within 21 dayB after the claimant first recogoires the condition giving rise to the Claim,
whichever is later. Claims mnst be initiat.ed by written notice to the othm pmty.party; Wovided. howeyer. that the
claimRPt shall use its best efforts to furnish the Owner and the other party, as gpeditiously as possible. with notice
of any Claim including, without limitatiOD. those in connection with concealed or nnknown conditions. on.re such
Additions Ind Dele1fans Repol1 for AIA Document A141 111 - 211114 Exhibit A. Copyright C 2004 by The Amltlcan lnsllM8 of ArcNtect&. All rlghta
- - . . WARNING: This AIA• Document Is protecllld by U.S. Cap,nght LllW and lntarnalfanal Treaties. Unautharlzad raproduotlan or dlll'lributlan ot
thla AJA• Document, ar any portion af It, may relllllt In .,,.,.. clvll and criminal penalllea, and wlll be proseculad to th• maldmum llXll!llt poselble
und•the lsw. This docurmntwu proWced by A1Aaoftwa111at14:22:45 an 10f12/2008 underOrderNo.1000218093_1whlchexpl18Sen1flSl2007, and Is not
forl'llllllle.
UNI' Noles:
Cemetery and PBC
(8107925031)
77 of 102
5
Qajm is recognj:red. and shall COQpCIPte with Che Owner and the party against whom the Qgjm is made in anv effort
to mili• the alleged or pntmtipl rlaJPl!ges. dQlay or odm adyme gmseqyences arising gut of the cgnditinn that is
the r.enl!B of such Claim.
PAGE14
§ AA.1.7.2 Qaims for additional lime due to adyem weather l?9!JctitfODS shall be dooummrtM and ca1cula1ed as
~
m
~!Ml Weathq DAY'' means a day that a Contractor is nnable to proceed with the pge or stages of
die Worlc that is scheduled for that day duo to WA!!tl!r conditipm!.
If advaao weather conditi.PDB are the bas.is far a QHm.c..J§imior additional time, such~
Cii)
ahJ!fi be documented by~ substantiating 1bat weather conditions we.re abnormal for diH__pcriod of time. could not
have been reas~ly anticipated and bad an adverse effect on the scheduled co.ostmcti.on.
.
·
ffiil
Tbe average nmpher ofB@d Wmther Days masooably anticipated for ea.ch mgqtb am 88 follows;
zanqm ClOl; Fcbruaij ($); Migch C4); Amil CS>; May OD; Jgne C8l; lulv C6); August CS>; Sca>t;mher C6): Qctober
CSl; November C3); Pecgnber 00.
· f.ty) . The nmg.rBmldr;r Rb!lll provide the Qwner with a monthly Bad We!!tlJm Daya m,port within five
CSl d&vB of the ei!.d of a mqnth.; If the Design-Bn'Jder fails to report Bad Weather Days by five CS> clavs from the r.od
of a month.
·it Will be assumed that there were no Bad Weatbq Daya for that month.
thoo
§ A.4.MO a1i• .fer ;an1111Ulllllll D111111111 l)eaiga Baildw aad 9Wll8l' .,•...,, Cki=s agaiaal eaell etha' fer
•••~11: damage• ari,liag,eHtef•rJodsa 119 theDeaip B'&iW ~ 'nie Bl't:Rual 'MliwlriMled11s:
,4 . lavages.~ hy tile Oww fm flllltM MfllBllH, fer lesaea ef ases iae81118, pmBt, f-oeeing,
l!'usia,ae m aj 1•1ieat aml far leaa ef=nasgwrem 8f empleyee pmd:a~ er eftha aerJHe& ef
.a
1111el! pl!l!'S!:JBli ll!ld
lfhsges iBellff9d 'llJ die 9eelga JlaiW.-fer pfiBaipal eflise &pl!Bllea iasladisg tile ee1B:Pwatiea ef
'"819aael aiafieiaed theret ferleaa• effirrdag bdrm aed tepala&ca. ead ferleaa efprefit
exsept aaasipated pm& aasiag diftledy iiem Ike WeH.
'nie lll&'8fll waiver is !IPPliePle1 'IVitlteet.Jifl!ita:tiBBt te sH: eaasef18e8'ial damages fie 1ie eitller ~·s tembdea
ill IH!Bardrnee w.it8 ARiele J.,14, )htbisg :eeetr' dill this S11etiea AU.IQ shd' he deemed te pN8lu8e aa a"W9RI et.
IMtliifltad dHeeli damage&; whea appliealHe; iB aeeariaeoo with die~ efihe l>eaigs BtBW ~8111111!1a&.
§·.t.4.1.41.Jfthe.ewtB!eat er 1'Wisie-of.~-kwe 8f iegalaliaae m el:ieW iatellpretatieae wBiM gewm the
Pfejeet 88B!le an iaenl!19e 8l' deaaae efthe l>elligs: Baihlm'a ee&l ef; 81' time Rlfl8H'ed fef, pwf are ef tee WeBf,
the l>ellign BaiW• sea11 he mft!ed.te as •'l'BitaWe lllijustmeet ill eealfaet 8um er CentMM Ta. Ifthe °"1'fl8r &B8
Desisn BUiwer oaaet -.e 11_pes aa adj118& !Bl is: tile Geatras& Slim er SEIB4leet 'lime, the Dllaiga Bdll• shall
881mlit a Claim purmnr* te 8eeti8B A4.1.
PAGE15
§ A.4.2.2 Decision by Owner. If~ parties have not identified a Neutral in Section 6.1 of the~ or elsewhere
in the Design-BajldDocumeDIB then, except for tho8e c1aima ar.iaing 1IDder See&w .'·... 1g,a a .\:IQ.§,~
~the OWncr shall provide an initial decision. An initial decision by the Owner shall be required as a condition
precedent tn medi~on of all C1aima between the Owner and Design-Builder arising prior to the date final payment
is due, DD1esa 30 days have passed after the Claim baa been refeaed to the Owner with no decision having been
rendered by tb8 Owner.
§.A.4.a.IIfaa,;:m :rela!ea 119 eris die nhjeet efame±'l'ie's Jiea, die~ essema,sa ClaimmaypreeeediB
iiee~ with fiP1t:lisahle lav.· 119 eemply with the 1iea ll8tiee er fiHsg den:!liaes pftei' te iBida1 HBelmieB ef Ike
C1aieh
§ A.4.3.1 Any Claim arising out of or relatrid to the Design-Build Contract, except those waived as provided for in
Sections t~4 ,lclO, A.9. lOA and A.9.10.S, shall, a&r initial decision of the Claim or 30 days after submission of the
Addllkllll md Delellana Report for AIA Dalll.llllllt A141111-20CJ4 Exhibit A. Col¥'lllht 02004 byThll American ln8llluf8 ct Arahltect& All rlghla
~ WARNING: Thi• AJA• Doc1n1ent 18 pra!llctltd by U.S. Copyright Law and lnlllrnatlaMI T!Mtkls. UllllUlharlDcl ieproductlan ar cll8trtbutlan at
lhl8 AJA• Dacument, ar any portion ol h, may reeult In .._ . clvll 1nd criminal pm1ltln, and wlll be p~ to the maximum extMt poalble
under 1lle r.w. 11118 document wu produced by AIA IOltware at f 4:22:AS 1111 f Mt/2008 Llldar Onlar No.1000218098_1 which lllqllree an f 121WJX1'/, and la nat
forNlllle.
....... Nal8e:
Cemetery and PBC
(3107SW.5031}
78 of 102
6
Claim for initial decision, be subject to mediation as a condition precedent to atWtmliea •the institution of legal or
equi~le or other bindiDg dispute resolution proceedings by either party.
§ A.U.2 'Ibe ~shBD. 81M1eiP>i:et te enelve their Claims hy mediatiee wlliell, aless tile pmies
ammsny agree etllerwis&; shall be ill aeee!deaee wft1l tile Cem1RefieB Iaeasuy Mediat:iea RB1e11 ef tile Ammi811B
J'..rWtl;aBee 1'\saeaiatiea earMltly ill effe9' at tile time ef c1le aediotisa Req1188t fe.r mediatiea shaD: he itied ia
Mi8Bg with tile ether plfl:y te the Desiga BliDll Ceatrut. llREi 'With tile A morieaa ..W1ila&iea .'\saeaiathm. '1118
~ BIBY IJe 11111:de 11811WB:eatly with tile fi1iBg ef a demud fer llft3i1m&e& Ql' etlier 1'iadiBg IHspate !88BIBti.ee
pireeeediaga .,.., ia 11&eh &Veatt mediefliM n:hell JIRleeed ia IHl¥eee dlePeef m ef legal 9* 94:j11ita'ele p!'8Beeding11;
whiea &hall II- sa~ p=o1iag mediatiea feJr a paried ef 60 days frem llll!.tbe date ef fi)Htg, aales11 stayed fer a
Ienger pe&ed ~ 1g1eemeet efiM fames er eemt enlaF.
§ A,4,U Th;e PID1i81!.::b3U 8h&re tile mediator's fee and any filing ~The mediation shall be held Jn
the place w~ the P.roject is located, llllless another location is nmtually agreed upon. Agrcemcma :reached in
mediation shall be enforceable as settlement 88ft!emeaa ia 111:y eewt haviagjmilElieties diefeef.
I A14.4 ARll+AAJ'IQN. .
§ .+...U~ Oairt, .,~eept ~waived as }Jl'8Vided fer iB Seetiem .".r.4.1.10, A.9.10.4 aad AB.IM, fw wllieh iai4ial
~ea lllwe • 'hee~. iiB_
al llREi liading, aad v.Wa he.v-e Bet l!eea reseffed ~me iictiea bat wW.elt IN eeejeet
t9 arW.sien jl.lll'Mlant li8 see&eas fi.2 8lld fi.~ ef die Agreemoat 81' ellewhee iB die Desiga: :RliiW l>e1R11B8Bt8, sh NJ
he· desieed.hy arhitmdea wldeli, uale1111 tile paRie8 munrnl1y llgl'88 edieAiise; shaR be iB aell8fdanse widl 1he
C~ea Iadu_,. .•~ BBles efthe Amefteaa ~ Allseeill&811: etmlkl!ly ia efil8tat die time el
die ami&atii;m. 'llM! 'd=md fer am1l'Miea lllH'1:l he filed ia wmiBg 'Mdi the eOlm' pli'fty te til& l>erigs BlliY Ceatraet
llil[!J-widi the 1~9fie& 1~tratie& /li888Biotiea
§ A.4,U A devr_l!l fer~ may he made ae 8lf1iel' the e~y wH& tM i1ift1 ef a !elfU98* fe.r
evet &hall it he made after' d!e date whea ialHHaliea ef Iegal Bl' 8EfUHab1e pl'Beeedinge l!ased 89
~Gleim weelll he hmea ~the applieaWe llfatete eflimitldiw 11& det
iced purll\l&Bt te Seecien l .. la.6.
medialieB, bat ia M
1A.U.a AB adlitiatie& pmsHBt te dB11 8eeliea A.4.4 may he jeiaed widl: aa uW!Ndea. iavelvieg eem=a iaaw ef
law er~ l:let\JJeea dle Owner er Desiga Buil:de.r eBll ey p81888 er eBtiiy witlt wham IB8 9wME er E>e8ip Beder
has eeatmstual el!ligdea te &1mte dispu1iell w&ish de111 aet p1911ihit eeaseWea 9J' jein4er. Ne edler
affli1mdee arisiBg 81lt ef er re1atieg te the E>Mige B'lliW Qi11if0et &an iBelwle, l!y eeBSeJWaHe&; jemdw er is aay
et:ker Bl&Wf, BB ndd&i.erat penea ~~Be& a,_..,. te the l>eaiga B'Yid CeatNst er net a JMlft)' te IB . . . . .
with di8 Owner er Deesign Bu!Mer, wept hy Wl!Htea enllftt eeetirisg a speaifie raewe te the E>edp Baild
~~ aipul ~Che Oww llBll l>eaiga Buildn wt 8ftY edlerpet'lle& e.r emi:tiiee aeaght te hejeiBed. Geasen:t te
adHtratieB iBveMBg 8ft allditie~ petllBB 8f H8ty Mal1 Be& e9B!titate eeeseat te ~ea ef aay ek= liillpllt;e 8f
etl!IE Hlllbr iB ~&et deaS!ibed is 1he liiilt:es eeesenl er wi3l 11: pet'll9B: ar PBtity aet mmd er desded
~The~ a~.te aiWWate aa4 ethm agreements te mW&alB with &B: dditi9Bllpereea er eatity
Eluly GBP!le&teci te hy the pal1iea te die Agreament shaJI: he llp88ifieally aafemeehle iB IBBBl"BBBee witB appliea91e
a
law ·is: aay e&Bft haviBg j:oriidie~ lhereef.
I .\4.U a.11111 and llmely ~11i:Uen tf C:lllAll. Tile~ Ung aaedee ef dNaand fer afhittotiea SHlfi asel!IA ill the
d:mrd all C1aimB tBeB lm.9WB te mat pllfty 8ft wBieh llfBHM1iee ill J'eeMteEl te \te demm4ed.
§ J-4,4.i Judgment an flnal AvJard, The awaai RTd!nd 'hy die arbitmter er amitt:atea ahaY he fna1 1 aadja&gmem
may he eatefed upee ff; ill aeeeRlwe wHh llplHisele law in any court having jurisdiction thereof.
PAGE17
No action. conduct. omission. prior failure. or course of deAHng by the OWJlt!' shall act to waive. mpdify, phange. or
aiter the reguirrmcnt that Change 9rdm and Comtruc!ion Clumae Directiye11 nmst be in writing and flianed as
~herein· Such written Qtnnge Orders or Directives am the exclusive DIQtbods for effecting any clmnge to
the Contmct Sum or Contract Time. The Jlesign-BnUdsr underst:ande agd agrees that the Contract Sum and Contract
Timp cannot be cbanpt by inmfication. oral amnments. actions. jnaptions. come ofs:onduct. or constructive
gpmge order·
.
.
Addlllona 1111d Daletl- "9port for AJA Document A141111 - 2004 l!Xhlblt A. CopyrJgr. 0 2004 by The Arnedcan 1nS11!u18 o1 ArcHtac18. AH rlghla
~ WARNING: This AJA. DocUlllent I• protected by U.S. Copyright Law and lntemdon.I Tntslll8. Unauthorized Nproductlon or dlatrlbullon of
this AJA• Doctlnant, or any porDon of H, may 1'98ult In SIVRl'll clvll and criminal panaltl.., and wtll bit Jll'l*CU18d ta the maxhnum axlBnt pa1111lble
under II• I-. TIU d~was pmduoed by AIAaoflwmut 14:22:45on 10/12/2008 undarOrderNo.10002180BlU which expll'88on1f.lllW007, and Is not
for niaale.
User NOhlll:
Cemetery and PBC
(S107926031)
79 of 102
7
PAGE19
§ A.8.2.1 Time limits stated in the Design-Build Documents are of the essence of tho Design-Build Contract. By
executing the Design-Build Contract, the Design-Builder confirms that the Contract Time Ia a teaaonable period for
performing the WOik and Dcsign-Bnildq !!ban perform its obligatjons CQD•i!!limt with .n;yon8ble •Jsill mi care and
orderly gromss of the Wolk.
§ A.8.2.2 The Design-Builder shall not knowingly, except by agreement or instruction. CJf the OWDm" in writing,
prematurely commence COD&truction operations on the site or elsewhere pd.or to 1bc affective da1c of insmance Ami
required by Article A.11 to be fumiahed by the Design-Builder and Owner. The dam Of commencement of the Wod:
shall not be changed~ the effective date of such iBIRltwe. 'U:ale&& ipmppm that is the Design-Bpilder's
obligation to p~h•!lf'. The date of commencement sba]] be changed to the c1fectiye d!m of such insurance that tbe
~is e&tH1i&W 'lly, n:.,.ponail>le for :mn;bgipg if the l>eeige BaiW l>ellOBl8BIB 8.1' a B.9"'-:8B le l'f8&BBd gi•'9Jl llj'
efft(:t:ive date of the. OW., pmyhallf' of the Deaigl!I: Bllil:dllll' sbaD aetify the OWIMW ia: ...S8Bg eet leas insurance ii
~tban· fi~.. M)'ll .9J' ~ agme8 pe1'1ell hafem· aerrr·aaiag the ~re& ta pBl'Blifi Mmmrn®IMPt date as set by
Section 3.1 of the •jmeJyfiMg ef~. me+nia's 1ieBll wl etlla' aeaur&y i ' saJipmd11rd Qm@ipps,
§.U.S.~ lfthe ll'esiga
B&ilderis aelayeEI at aay tiar iBthe e e • ae!IBli&l erpregfflaa efdleWerkllj' aa aet •
:fte8leet: ef . . ~ er. ef a ~lfflte s91ltifae1U ampleyed llj' tee Qwar£, er llj' e1111Bge1 eNefed ill the We&. 81' llj'
latier diapllte11, ~ &iNau!'l delay iB dllF:as, 'BBaveidallla aMUalfien et' 8*er awea lleyeM Iha :QeMp Beilaa•'a
8H!lelt er hy • Y aadle£ized ~y dle Owaer pen"isg R111Slati.9Jl ef diDp'IHea plJll8lllE te Ille Desiga B'8ild
],')e8lB&BB4B; er 1'y •awes wBieh tile ~de• bn mayju.,,, delay, tM8 tee S~ Time shall •e
maded''lly Cbtisge ONer fer 8Uell 1'81Hrb'e lira BB the Qwer may :Htm ·re,
I .U.3.1 If the ~gn-Dilildc;r is delayed in the perfgrmgpi;e of tbe Project by ID! act or neglect of the Qwner or by
an eqloyee,, apt~ i:eglescntativc of the Owuq. or by cbnnp in the Wm:k Oidered by tile Owner that were not
caUaeci' or J$m1imc1 by desip phlC!Ql' or dipepan*' or by the MIDhiped action of tl!e Onq gpd AILY af i1B
gJ.o.yees. ~ or nmre!mtatives that in no way is caned bym tesults from. !Wmlt on the part of the DmignBUilder. Or by any oiber cause that the Design-Builder Could not rnynnghJy oogtml or cimnnymt tbm the
Scho(1uled Conmletion Pate AhaD be M1fmdr4 tor a perlpd GQP!!1 to the Ientd:h of !DJCh mm Jf within ten C10l 4aw
after the beginning of agy such clelay the Desim-Buildq deliym to the 0Wl!f![ a regpeat for extwion for such
delay and such reaUeat is a'DJ'l'OYGd by the Owner.
§ A.U.1 Before the first Application for Payment., wJtea.not mom than sewin rn days aft« !he execution otlhe
AmefmnL the Ceatmet ha is "1111ed: 91le&Design-Builder sh@ imhmjt a~ Sam J1l'Ppe88 tchedulp
indi«Wing ejch major cateJorv or die C.Sst mlit of Work to be perfnnpe4 gropcrly l!M!Je!!ced and cnmdin"P' and
shOwing cmgplction of the Work pl111 Seat:Eaeter'a Fee within the tiDm period calablisheci in Article 14, The
tiejjp..Builder .shall oo>xiAA tbe pwner with a Qwafeed Mari27rr Pliee; monthly. w mpre fir.m>mtt1y ifRQ.Vired
by ttie Owner. ypdates of the progress ecliedu!@indic@ting f!lll!lil*4 activities and any cbenm in nu•mcing or
activitv durations. The Design-Builder aha1l submit to the Owner an initial schedule of values allocated to various
portions of the Work prcpare4 in such fonn and supported by such data to substantiate its accuracy as the Owner
may require. This schedllle, unless objected to by the Ownm, shall be used as a basis for reviewing the DesignBuilder's Applications for Payment. The schedule of values may be updated periodically to reflect chaDgea in the
allocation of the Contract Sum
PAGE21
§ A.9.1.2 When the Design-Builder considers that the Work, or a portion thereof which the~
discretion. agrees to accept separately, is substantially complete, the Design-Builder shall prepare and submit to the
a comprehensive list of items to be completed ot correc=I prior to final payment Failure to include an item
on such list does not alter the responsibility of the Design-Builder to complete all Work in accordance with die
owner
Design-BuUd Docum.enta.
PAGE22
AddhlD. . . . . Dald- lllpclr! for AJA Document A141111 -ll004 Exhibit A. Copyrfght 02004 by Thll Ame~can ln8tHubt rt An:hlteclll. AU rlgl!m
,___ WARNING: This AJA9 Document Is protectad by U.S. Copyrlaht LBW and llDmalional n..u... Unauthartlecl reproduction DI' dlatrlbutlDn of
thla AJA8 DDcument, or any parllon al It, may ruult I n - . . civil and criminal peneltl•, mid wUI be proMCuted ta lhe malmin extent poulble
und• tha •-· Thia document was pnxluoed by /IJA aafll!ere 8114:22:45 on 10/12/2006 under Ordal' No.10002180111U whloh explras on 1!26'2007, and la l'IDI
for 19811de.
U-NDlal:
(3107925031)
Cemetery and PBC
80 of 102
8
I A.8.8.t Upea Mee&tiea eHl!e Aelai:ewlMgemeat ef 8uh¥tstia1 Qlmpletiea wl e8118e&t sf IUR!ly, if aay, Ille
Owa_er lllt!ID •nke payme&t eftetaiRage applyiag te saeh ~ &1' deaigoznted ~ thereei. Sueh payment aha1l he
adjuallld fer Werk tllat is ineemplelB 9f net is aeen=Sanee wHll the MfJ.Uire=enfl ef tBe l>esip BaiW De8lilBIBf81
§A.9.9.1 The Owner Blll)'1Dllv· but is not obligated to. occupy or use any completed or partially completed portion of
the Woik at my stage when such portion is designated by separate agreement with the Design-Builder, provided
such oceupancy or nse iB COJ18ellted to by the insurer, if so required by the insurer, and authorized by public
atithorlties ha"Ving jmisdiction over the Wolk. Such putial occupancy or use may commence whether or not the
?,Jrtion is substamially complete, provided the Owner and Design-Builder have accepted in wrlthlg the
respooaibilities assign~ to each of them for payments, retainage, if any, security, maintenance, heat, utilities,
damage to t:bC Wort and
and have agreed in writing concerning the perlod for completion or correction of
t:Jle Wolk and c:ommenceJnent of warranties required by the Design-Build Documents. When the Design-Builder
considers a portion substantlally complete. the Design-Builder shall prepare and submit a list tD the Owner as
provided under Section J\.9.8.2. Consent of the Dmign-Builder to partial occupancy or use shall not be unreasonably
witbhe1d, The stage of the progress of the Work shall be determined by written agreement between the Owner and
Deaign-B~.
.
·msurance.
All warranties aJJ4 guanmtees required under or pnnm!Pt to the Contract Document& shall be •emb1cd and
deliyeied by the Design-Builder to the Owner as ll'1't of the final Apj?1ication for J>ammnt. The fingl Certificate fur
Payment will
bC issoed by the Owner nnhl all wmantiea and guarantees have been received and accepted by the
not
~
Final Appli91!iodor Payment shall not be !lJbmitted until Work is conmiete in gccnrdgnrn with the Qmtnwt
Documents. @hiding copjpleti.on of all Chanze Otder !IDd Coptingeru;y Change Order itsnB. ff any. an pnnch list
item& all tmfping and all p!QJClWOfki inclmling shop drawings. mamtr;nance manuals. Releases of Liens. AJA Form
:/#G706A. the Kmisas Project CQmpletion Orrtifieate and all other submissions rgmest.ed by the Owner·
PA,GE2~
§ 1,\.9.11.2 Neither final payment nor any remaining retained pm:entage will become due until the Design-Builder
submits t.o the Owner (1) an affidavit that payrolls, bills for materials and equipment, and olhm indebtedness
conru:ct.ed wifA the WOik for which the Owner or the Owner's property might be resp<>DSI"ble or encumbered (less
amountJ withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance
required by ~ Design-Build Doc'umcnts to remain in force after final payment is curmntly in effect and will not be
cancelled or l!llowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written
~ment that the Design-Builder knows of no substantial reason that the insurance will not be .renewable to cover
the period required by the Design-Build .Documents, (4) consent of surety, if any, to final payment. and (5) if
required by the Owne.r, other data establisbing payment ar satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security intetests ot encumbrances arising out of tho Design-Build Contract. to the ext.ent
11119 in !!Uch form as ~y be~ by the Owner. If a Comractor :refuses to fDmish a release or waiver required
by ttie Owner, the Design-Build.Cr may furnish a bond satisfactory t.o t1m Owner to indemnify the Owner against
such lien. If such lien remains 1msatisfied after payments are made, the Design-Builder shall refund to the Owner all
money that the Owner may be liable to pay in connection with the discharge of sach lien, including all costs and
reasonable attorneys' fees. The final Certi:ficat.e for Payment will not be issued by the Owner until all wammties
and guarantees have been received and accepted by the Owner.
§ A.10.1. t The Dcsign-Builde.r shall be ~responsible for initiating and maintaining all safety pxecanti.ons and
programs in connection with the performance of the Design-Build Contract.
§ l.a10.2.4 WMa Bl!l8 er steragie ef apleaivee er eth:er hHatdeas lllfttelHls Bl' SC:tUi]!IBHIBt BF llBli8U&l Hl:efBed11 are
aeeesiiuy fer aueuti.ea efthe 'Weflq the I>eaiga Bllilde.r shall Mel9iae atmeat eare 8lld emy es BBSB aetivities
BIMIBI' sup81'¥iAiea ef p:eperly 4fullified pmaeBBet
§ A.10.2.4 Bmlosi.vcs shall not be stored on the Proicct site.
Addltlon1 lllld Delllll11111t Rmport far AJA Documllllt A141111- 2004 EXhlblt A. Copyright c 2004 by The American lnllllutB of An:hll8CIB. All rlgtlbl
remrvad. WARNING: Thia AIA* DoC'ln8llt I• protacllld by U.S. Copyright Law Ind lnl11rnldfonel Treaties. Unauthorized reproduction or dlalrlbution of
!hi• AJA• Document, or any portion of It, may l'Hult In..-. clvll and criminal penalties, and will 1111 pro1111Cutad to the mHlmum extent poulbls
under the law. This doclrnent wu produaad by AIAaoftwlua Ill 1<4:22:46 on 10/12/2006 unclarOrderNo.1000218093_1 which expll98 on 112812007, and la not
for l'lllal&.
Ut8rNoter.
Cemetery and PBC
(3107925031)
81 of 102
9
§ A.10.2.8 The Project Sito shall be bpt clean and nrgamzed. and debris aball be cfimoaed o( daily.
§ A.1Q.2,9 Wbt;n all or a portion of the Work is MP"'ded fos any reason. the Deslgn-BDiJdrr eb!ll accmeJ.y faaqm.
down ,n comings and motm the Work as neccs88n· from injm bl any t£APK
§ A.10.2.10 'The De!ign-Builder aha'!l proqitl,y mport in writing tp the Owner all accideptp Hilling out of or in
connec;tign with the Work that cause death, personal iAimv or property d11JD11p, giyin& fgU details and lfltMJents of
any witneBSe8· In additjon. if death, sqioua Pmonal iqjuries or serious damap arc C!!J@' the aajdppt Aliall be
rg:iottr.d fmmMWly by telophon; or mca!!G!!F tp the Owner·
§ A.18.2.11 The Deaigp-Bnilder rman 88 to dig pmnit:R. comPlv with tb.e foilowiQa:
m
Dcaign-Bn'Jdw ia mmODBible for notifying KS ONB-CALL prior to AT l digs pq KS ONE-
CAIL liJ>cedwc.
. Ciil
The cr;wav4t0t 1ba11 deAi&D@ the area of excavation wilh white paint. flag and/gr !!PJkn grlor to
the arrival Of the Utiji\Y locator.. Pm-maddng allowa the excmtms to accmat.elY pommuni"* to the f'acllity
oWner.Joperatora or their locator where the excavation is to occur· When Deaim-Builder calls KS ONE-CALL it
1baJl tell the o,pe.ratgr that the area bas been wbiZ.lined. KS ONE-CAIL will add that jpfrumptign to the Iocat.e
t!cbt to fofurm thb 1matnf that the ma has been whife..lined.
Ciiil
If the De8i8n-Bnildq. dming the course of constroction. enc:onptp my J!WP!ihd utilitiea. or
dmyen
utiJities. it mau cgnJact the Owner :imnwlimly.
fivl
The.Owner sball gair 11ny damage tp the Owner's utilities.
C1)
· If damap utilitiea were marbd the Design-Builder ab•ll pay die Owner for the coat of
any
umaira as defmnined
.
C2l
wf;bp'Owner.
Ii
d!!pll!Jed utilities
wwo not marbci by the Owner but property~ to K8 ONE:
PAGE25
§ A.10.3.2 'lbe Owner shall obtain the services of a licensed labomrmy t.o vctify the prcscnce or abscmc::e oftbe
maieria1 or sub~ reported by tlu:-Desi.gn-Buildcr and, in the event 81ICh material or aubBtaoce is found to be
pICSaDt, to verify - it hu been rendem1 haonlcss. UnJcss otherwi&c required by the Deaign-Buikl .Documents, au,
Owner shall furnish in writing to the Design-Builder t1u: names and qnaHfications of penons or eatitieB who are to
perfonn tests verifying the presence or absence of such matmia1 or substance ot who are to pc.d'orm the task of
~val
safe contaiDment of such material or substance. The Design-Builder shall promptly rq>1y to the Owner in
writing 8blting whether or not 1he Design-Builder baa reasonable objection to the persons or cmlitiea proposed by the
Owner. If the Deaign-Buildel' has an objection to a pason or entity proposed by the Owner, lhe Owner shall propose
another to whom the Design-B~ has no masonable objection. When the matmial or substance bas been midcred
harmleu, ·work in the af1'cctcd area Bba1l resmne upon written agreement of the Owner and Design-Builder. The
c;=Ootract Timc shall l!o extended appropriately, and the Concract Sum shall be increased in the mnount of the
Deaign-Builder'a reuonable addi,tional costs of shutdown, delay and Bblrt-up, which a&:ljustments shall be
~mpli8hed as provideQ in Amcle A.7. The Imm ''rendered harm1ess" 1hall be interpn;t.ed to Il!!!!lft that leyel& of
or
Mbesto' and polycblnrinaf"M biphenyls are leas 'Mn ari.y 11mlicable ei;posure lfhmdnrds set forth in OSHA
mgulations. In Dot event. howeye.r. shall the Owner have 11ny regomdbility for anv suhnfpw or m•aJ that is
mought to the Prgject Site by tho Design-BnildPi 11ny Subcontrac1or. anv material ll!PJWer. or any entitv for whom
agy of them iusmqJl'ihle. The De!!ip-Builder agrees not to use MY fill or other matcria1a to be inco.r;poratcd into
the Work that arc hmnfqns. toxic or made gp of any imme lhat are hgprdous or toxic. except tor l!!RteriAlB or
products s.pecified in the Contract Dowpv;ng,
SA.~0.3,3 'fa the fu:llees eJdeBt pem'tted 8y Jaw, Ike Qa.er shnP ieds=dfy wl lleld hnm:1• die l)eaiga B11ilder,
CeBIRilteA, 8~iheeH&ete!lt, 1'\Feldttat, i".d'611i&let's 891111ltitntn aad the &geJlls IBd empleyeee efaay efthi!111: ffem
lllHI agaiBst ~. demsge9, Ieeaes wl &peBllea; iBelvdisg la aet liri•d le dBIBl:B}ll' feast =mg 81lt el er
l90Bl1i9g fl.em peifenrrn ef die Wede is: die affeete& &Riil ifis: fll8l the menial er suhataw eJEiala SB aite as ef
dis date ef the ..~ is aet diaa1.esed is: die J)eaige B'lllW l>emmNHI aad pHaeaas tile riek ef Ile~ iBjmy w
deadl aa desarmed ia See8.er: 1-"... Ul.3,l aad :hae aet ll111& 1BRd81'8d bnnrlaaa, ,..,Wed lllat aaea Cri·1 d3magp; Jee11
er 8llfiW8 i11 auri:Batehle te 'hedily ilij'llff, 8ielE&He1 disease 8f dsatll er le ilijmy le 81' dell&uslieB sftBgihle
Addlllonund o.lllona ~for AIADocumlntA141'111-21JD4Exhlbll A. CapJrlght 02004by111eAmarkan fn811111111of Anitllblcl8. All rtghla
raslMICI. WARNING: 11118 AJA• Document I• protec:ted by U.S. Cop)lrlghl Law end lnlemallon•I Trutl-. Unauthlll'IHd niprad11ctlan ot dlatrfbutlon of
1111• AJA• Document, ar •nr por11on of It, mey rHUlt In uvare clvll •d crtmlnal penllltlN, •nd will be praaec:u&ed to ttie maximum extent paaalbl•
under lie law. lhls documenl wu pnxllcld by AIA 80ftwara llt 14:22:45 on 1W12/2006 inler Order No.1000218088_1 whlcll mcplrM on 1/28/2007, Md I• nol
for resale.
U- NDIJa:
(8107825081)
82 of 102
Cemetery and PBC
10
prepmy (ether than the Werk itself) te die eJ£teBt M
the~ :BeiJ:der,
sueh 1 n= ge; le&ll er apwe :i9 B8t lhe tie tke segligeaee ef
CH&raoter&; Sl:Eaaa1laeli91&, 1'\NIHPBlt .~iteBli's eeBllUkaate •r1 die ageata &llli ample)w ef
0
aeyefthem.
§ .t..1DA 'The Owner slm1l aei hueape•Ie 1111 d11 Seetiea 1•.., 19,a fef' = terials ae4 a:imMa&ee1 hnNght 118 die aite ~
0
the l)eaige: B11iW• \Hlless sueh ~ BP eullaeees Welle ~d by the De&iga Build Deemaema.
§ Ario.I If, ~ s.eg1igeaee Bil tee plllt ef the De&ip Builtlw, the »esiga BuUdel" Je l!eld Yehle feF the seat ef
mnedktiea efa bnanleti matll!ial er lftlhMlm:ae llBlely hy l'ell88B efpeafeflllieg "We.di: 1111 ie.med IJy die :9e;p
:RailEI De1RH11Sa18, the Oww shall mdem-;r,· die Desiga Builder fer all ee$ llBli . . BiBIB dierHy iB61IEl'8IL
'The Wmk in the affected
fo.llowin& eyent1:
area ebAl! be :resunicd imrrpHately following tho 00'.lllTSDM of IUlY one Cll of tho
Ci) tliC Ownec canses retnedjal work to be pcrfonped that mults in the absence of matcr1als or
sohJtances. such as as'bestos or polychlarinW!d biphenyl <PCB> or <iil the Owp;r and the Design-Builder. by written
decide to resume perfnrmence of the Work. or Ciiil the Wark may safely and law:fUlly proceed. as
determined by an awroPmte g_l)vA'D!J!!Pl:al gthority or aa evidtmQrA by a written mport to both the Owner and the
peii,g-Buiider. which is propared by an mnrimmqmtaI eprineer rngnnahly sadsfactory to both the Owner and the
~
Desip-BWlde.r.
.
.
PAGE26
§ A.11.4..1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without
limitation. insurance aPinst the perils of fire (with extmded coverage) and phyeical loss or damage including,
without duplication of covmage. theft, v1mdalisriJ, malicious mischief, co'llapse, earthquake, flood, windstorm,
falscwork, tesq and startup, temporary buildings and debris removal, including demolition occasioned by
~t of any afflicablc legal requirements, and shall co~ reasonable compeusati.on fur Design-Builder's
ae:n'.ices and expenses requum as a result of such insured loss. Prgperty insurance moyided by the Owner will not
coyq any tools. apparatus mas;hipe;ry scaifoldipa. hoists. fonm. Aging 1Mring and other lrimflpr item• rommgnly
.rcfeiied to as construction eauipment that maY be on the site and the capital yalue of which is not included in the
WoB:. The Contractor ahali m•lm iu own 8Il'!IPW\mMf! fur any insurance it may require on such. construction
egpipPV1DJ. My Such policy obtained by the Contract.gr nndq this suJmarunmh 11.4. 1.1 Rha)l include a waiyer of
alil:ircigation as to the Owner.
PAGE27
§ A.H.A.1.4 Thi$ property i.nsmam:e shall cover portions of the Work stored off the site and also portions of the
Work in ~t. if such Work iB ordered by the Owner. Dcfilgn-Builder or Subcontractor and is intended to be
installed on the Project.
§ A.11.4.2 § A.11.U Bo1i.r ind llachlRIP/ lnauranae. 'ne Oww shall pmsha8e a maiataiB heti• & maeiaeff
Build Deoumeu 9f IJy la'VI<\ '9.4iiaa s>a11 apeeifieally e9\w 1881i: ill&IRd ehjeetll
during :iBl9taR&BeB alHI ulHil fiBfll aeeepCaBee \ty die 0'Ml!lf; IHs iBsurwa &llaR ieel'ede ietelfflsa ef the Gww,
I>elliga Buikl•. C9JHrlll.:tefe IHlil SabaeetRwteH ill die \li'erlE, llBli die OwM! nBCl Qeeiga Builder ±al1 lie n'rrd
insureds.
~YAlw REfBil'lld 8y dis Qeaig&
§ A,11,U L.o11 of U.1 IR1uran11, TM OwMf:, at die Owaer's eptiea, may perehaee 8811 mairtir sush iB&ufaBee aa
M1l ilHNl'e the 0Mlef agaia8t less ehse ef!Be Qwser's p!'911Bl'Sy dee 1iB :lire er ether hzcrdai aewever &BUiit&. The
Qww waives aD tiglds ef aetiea ageimll die Qesip BlliWef, ~ die QISligB Bei'der's etBmi dlllip
pM'eseieanlB. if ?By, Cl)laReliefB and 8uh891ltfasteR fer less ef use efdie Oww's :fH'811efl;y; inelmtiBg
&eBfle!pM!:tial le11ee1 llee te fife er edleE hnzvds, Be"We¥er ellBIJe&,
§.J...1.144 Jf the Design-Builder requests in writing that insurance for ri8ks other than those described herein or other
special causes of loss be included in the property insurance policy, the Owntz shall, if posaiblc, include such
insurance, and the cost thereof shall be charged to the Design-Builder by appr&p1:iam a deduct Change Order egual
OEdeF.-
AddltloM lllld DllletloM Rlport for AIA Document A141 111 -2004 Exhibit A. Copyright 0 2004 by The American ln8tlbG of~ All rfGhta
l'M8fWCL WARNING: Thia AJA. Dacinent la prottctad by U.S. Copyright Law Ind lnternltlollll Treltl... Unauthorized niproduc:tlon or dlatrlbutlon of
this AJA• Document. or any portion of It, m1y rHult In civil and crlmlnat penalties, ll1ld will be pro8llCUted to the mulmuni ot.nt possible
undar lbe law. Thia document was praduced by AJA softwa191t 14:22:46 on 10/12'2008 under Order No.1000218093_1 which expll'B8 on 112612007, and le nal
fur raaale.
UHi' NCllM:
(3107925091)
Cemetery and PBC
83 of 102
11
•er
5.Yt.4al If dariag'the Ptejeet 88ll8tNftea pefied the O'Mlelfillallfe& :f'191'8l1ies, aal er p1Reaal •lletll;
a.tljaeaat to the - hy Jllfepefty iasarwe ·mdN' pelieie11 aepemte ffem these maariag die Prejeet; 81' if after fhn1
p&yJBllBt piepllfty illllamaee is te _,e pm~ded ea the eempletell PNjeet dlreagll a peae,. 81' peJieias atBes *as thaae
illsuriBg the Pm,ja dmUtg the e8BS!N:Bf:ieB peried; die O'Mlelf aBa1l waiw aU Figh ill aesHdaaee 'Mtll the t wr
~of SestiSB h.ll.4.7 fer
dwreps eeHBedllyiN eretM. BUIBBI efless eweredhy dHa llllJllllllep!IBplllty&Oh
insunmce••'\D aepllf&fe pelieies shall pr9"Jide tBiB W8F.w ef suhfega&ea by eHersnn,. Ell' edlefwjee.
§ A,11.4.3 § A.H.4.l llef81'a IHI ape1111l'8 te lass may 888Ul', die Oww 8llall file widl 1M J;)eeiga Builder a espy ef
e~ pelisy tllet iBeludea ie!M&aaa 86'9el'Sg8B requile81'y fWtl Seetiea h.11.4. i:aeh paJiey ±d1 eernb all gen=1 1y
applieaWe ee~BSi definitiw, BJEeluaiees &BEl eJldeaemems •JMed te tBiB PrejeR. Saa11 peJiay 'h'D aestda a
pievisie& . . the peliey WiD a~ he eaaaeleli • aDewed fiB Mpife 8Bd 1lietilll u-;e, ~':iD &et lie Rdwd Ba1iil at lellllt
89 ~ya' pt'iar wMllea aetiee H8 he11111: Si:wa te the l>eaige )j!gll4•.
§ .t..11.4.1 Wllvlll of Sulngatlon. The Owna and Design-Buildec waivo all rightB against each other and any of their
coJisultams. separate comractDrs deacnl>ed in Section A.6.1, if aay, Comractors, Subcontractor&, agema ml
cmplo~•.•
of the other. and any of tbek contractors, subcontractors, agents and emplayees, fur damages
cau'acd by fire or other camcs of loas to the extent covered by property insurance obtained pullWUlt to this Section
A.11.4 or other~ .insurance applicable to the Work, except llUCb rights as they have to proceeds of such
insurance held by~ Owner as fiduciary. The Ownar or Desip-Builder, as appropriate. ahallrequim of the~
contractors described inSectionA.6.1, if any, and the C.Ont:racton, Sobcontractora, agems and emplOJeCS of any of
them, by approprime ~ts. written where legally required for validity, similar waivers each in favor of other
parties Cl1lllDCllted herein. The policies shall provide such waivms of subrogation by embscmcot or oehcrwiae. A
waiver of subrogation aball bo eft'ectivc as to a peraon or entity even though that person or cmity would otbcrwiao
have a duty of ~niti~on, conlraCtual or otherwise, even though the person m entity did not pay the iDsmaoce
pmmi~ dircetly or itidirectly, and whether or not the person or cmity had an insmablc iDfm'e8t in the property
damageiL.
I J..1U,I_A lass illaemd ._. Owaer'11
p19p• ms-
sb·P lie a.tlj911ted 11y the Owaa aa Mam.,· aad =ode
payald:~ ts die 0WB4!1" as fifieiafy fer die iB&weda1 as tlMMf :ialaRwJte may app8811 Sllhjeet te ~::in aM!I ef aay
9ianWI' ~ elaw BBd efSelllieB AU,4.lQ, I A,11.AJ 'lbe De.aign-Builder shaII pay Contractors their just
sbaies of insurance proceeds received by the »esip B~ D~im•Rpildf!T imd, by app.roprlam egreemema,
written where legally required far validity, shall require CoDlractors to make payments to their Subcontractors in
&Qnilar manner.
l•*-11A.l 1f~1Hn'ld .iR wmiaglty apm.ty iBiMIRat, the Owser 811 fiduaiary ±'ll: apen eeew:uase ef aaiB&uNd
le811, p·1ellesdfer Pl'f&peifemmee ef111e OwBflf'a li8:ea. IA.11.4•.8Thceeat ef!ef!ai!ed 1IM1dr ± P lie allllfged
0
. . .preeeeda reeeived ~ fidllaiey, The ~ aBall depesit Owner. in a sep.- eeeeuat preeeeda re Meiwed;
wmell die. Oww sllaP ~- i& aaeer'nee with &ueh ~as ills pafties ia; • '
may-a± If aftm 88eh
Jess se etliw speeial agreemeBt iB Blade aad llBlaaa dte Qww tel • 'rstaa die 9eaig& Baile Qm1net fe.r
eew/4'1ieaee, . . . .111111. ef: da=eged
&ood fai1h. shall he perfetmati 1ty the Beeiga Dailder nA•
aelifieaReB ef a Ch'age is die Werk ia aeeawlaree 9IHll ARiele A.7,
f•
prep..._,.
I A.11..4,10 Tlw Qww 811 ~ sbnP have power to adjust and settle aloss with ins\Rn miless one oftbe parties
in interest r~ object in writillg within five ID.,dayB after OCClill'CDCC of Joss to the Owner's exercise of this peW&;t
~The
as ~shall, in the case of a decision or awud, make settlement with insmm in ·
accordance with 4irecti.om of a decision or award If diMBH&ea ef:~e p1eeeeda hy adH&aiSB is aq'lli!Mv
f8e emi&alen wi,li
1111811 dietri1'e9ea.
Owner
aec
I A.t1.IA ~ ~ .SaP &ve tile fight te Rllfllite die E>eeige: Baild• te famialt 11eada B8''eBRg faitYJl
pwtmrqree efdle Desiga llaiW GelHHet aad p&)'IB8lli ef el!Yga#9&8 oris;sg . . . .- . iaelndb1 P&Jll'Xt te
desige ~-- ~it,'•• hellsJf ef:the Qesip :Su'Mfl't 111 stip..J&d ill lliddisg l'8ffBiameats er
llJeeSieally ~Elia die Agraaeat er eHewkere ill die I::lesige B&Hd :DeewMBt8 ea the date ef en.eBBtiea ef die
l>esign Bliild C~
§ A.11.5.1 The Design-Builder sh11l fnmiah bonds coyerJng mfnrrgap of the Contra.ct payment of obUgatiom
mUing therefrom, and a Statotory Bond in AfiCOTd@nM with K.S.A. 6()..1111. aa nmimd and "ilml"fN in this
Section A.11.S and Jn the Concract Doci!!M1!tll in amounts set forth in Paraagph ..B.. ofExlnl>it "C."
o
Addlllons 111c1 Dlllllan• Rlport for AJA Document A141 111 -2004 EZhlblt A. eowlght 2004 by The American lnslllul8 ot Ardlll9cll. All rlghlB
~ WARNING: Thi• MA• DocUlll9nt la Pf'Ol9C*d bV U.S. Cop!ll'lght Law llld lnlel'natlonll TrMtlM. UftauthOrbecl "PfO(luctlon or dl9lrlbutlon of
111111 AIA• Documut, or any portion Of It, inay rasult In lft8le clvll and arlmlnal penahlaa, and wlU i. pro.adacl 10 the rnaxl1111S11 lllllllnt poalllll
undlrtte law. Thie doclmantWllll proll.ald byAJAIOftWafe Ill 14:22:46on 1Q/12/2008 lnlerOrdetNo.100~21809lU which axpl1811on112812007, and la not
fot191"8.
Uelr Nolee:
Cemetery and PBC
(3107925031)
84 of 102
12
§ A.11.5.2 Upon thel reguest of any person or entity gearing to be a ootential beneficiary of bonds covming
~t of obliptions ari!!in1 !DJder the Contract, the Dcsip-Bnildq AhaU promptly furnish a cooy of the bonds or
8~ permit a copy to be made.
§A.11.5.3 The Design-Builder nb@lJ keqJ the Surety informed of the momss of the Wmkand. where necessary.
obtain the Surety's consent to. or waiver of. Cil notice of chanm in the Work; Cill reqpcst for reduction or release of
retainage: Ciit1 regpest for finaj payment and Ciy) any other item :regpired by the SuretJ. 'The Owner maY· in the
Owntt's sole discretion. infomi the Surety of the progress of the Work and obtain CQnsents aa necessary to protect
the Owner's rights. Wterests· mivilem and bepsfits under Bild pursuant to any bond il!sued in connection with the
Wotk.
§ A.11.5.4 If the Owner is dmnaged by the f&ilure of the Design-Builder to purr;har OJ' maintain insurance :requjred
under Section 11, theg the Desjp.-Builder Bhan bear all reasonable costs Cjpclwtipg attorney's fees. court costs and
scttlemtmt ~enseai Pn>,perJ,y atlributable thereto.
§ A.11.2.2.1 In addition to the Design-Builder's obligations under Section A.3.S, if, wit.bin one year after the date of
Substaniial CoJ!lPledon or after the date for CClDlmeru:ement of wmantiea established under Section A.9.8.S or by
ter.ms of~ appli.di,ble special warranty required by the Design-Build Documents., any of the Work is found to be not
in accordance with the requirements of the Design-Build Documents, the Design-Bllilder sball com:ct it promptly
afte.f receipt of Written :nOtice from the Owner to do so unless the Owner has previo11Bl.y given the Design-Builder a
written acceptance of such condidon. The Owner shall give such notice promptly aftrz discovery of the condition.
Dur.iilg the one-year period for coaecti.on ofWmk, if the Owner fails to notify the Design-Builder and give the
~-B~ an~ to mah the correction. the Owner waives the rights to require correction by the
Pesign-Builder and to m8ke a claim for breach of warranty. If the Design-Builder fails to comet non-conforming
WorJC within a-reason~ time during that period aftm' receipt of notice from the Owner, the Owner may corteet it in
accorda0ce .with SectionA.2.5. If. prior to the date of$nhgptiaJ Q>mp1etlon. the D§ign-Buildq. a Subcontractor.
pr an,y9tJe for 'ftom either is re§pOl!Bible uses or dampges any portion of 1hc Wade including. without limitation.
mCcnapicaI. electrical. plmDbing and other builWng mtem&. machillmy. eguipment. or other JOOCb•pical deyice. the
Design-Builder shall ca.use such item to be mtored to "like new" condition at no expense to the Owner.
P.AGE29
§A13.1.i The Design-Build Contract shall be governed by the law of the pJaee w8are dMI Plejeet is leeafietl~
Kansas.
§A. 13~.1 'lbc Owner and I>esign:Builder respectively bind themselves, their partners, 8UCCes80l'8, 88Signs and legal
.representatives to the other party hereto and to partners, successors, assigns and legal representatives of sucli other
party in reapect to covenants, agreements and obligations eonhlinr.d in the Design-Build Documents. :Sampt as
pievi4ed ill Sesaes A.13.2.2, neither Neither party to the Design-Build Contract shall assign the Design-Build
Contl'!lct as a whole without the written consent of the~ either party attempts to make such an
assignment without such CODBCDt. that party sball nevertheless remain Jcgally responsible for all obligations under
the Deaign-Build Contract
§ A.13.U T.he ~may. wHh8llt eeB11eat ef *8 Deaiga Buil8ef, &Hip tile Desig& BYild C:eatfaet te aa
iMUtlltieB&l lem~a,t pEGvitiiag ees!IRelieB finessing fer the Pfejeet. le aeeh Meat; the 18BdeF ±aD wmre die
Qwar's fights 81HI e91i8atiens urod• the Desiga BliliW :9ewmeat:e. The Desiga Bllildar aha11 w8\118 all e0DllMlts
reas~· ~ te faeilita !IUel! aaeigmrenl
§. A.13.4.1 Qa&ea.Bxce_pt as proyided for in the Contract DoCJ1mm. the duties and obligations imposed by the
Design-Build Documents and rights and ic:mediea available thereunder shall be in addition to and not a limitation of
du~eS. obligations, rights and remedies otherwise imposed or available by law.
PAGE30
§ A.13.5.2 If the Owner or public authorities having jurisdiction determine that portions of tbe Work require
additional 1e1ting, inspection or approval not .incladed under Section A.13.5.1, the Ownu shall in writing mstruct the
AddltlOftl Ind DeletlOM ~tor AL\ Dacullllllt A141 111 - 20IM Eldllblt A. Copyright 0 2004 by The Amlrlcan lnltihll8 of Arctitlala. All rlghla
.-wd. WARNING: This AJA9 Doc1111111nt 11 prol9cl8d by U.S. Copyright Lmw end lm.riiatlonal Treltl18. Un1uthorfzad reproduction or dllltrlbution of
lhf• AJA9 Document. or any portion of It, may reault In aevere clvll and aimln11I penaltles, 1111d wtll be p1D111cuted to the mubnum extent possible
under th• law. This dDCulllllllt was produced by AIA softwarl at 14:22:46 on 10/12l2006 under Order No.1000218093_1 wtWh expires on 1/26/2007, and Is not
torAISllle.
UNI' Not1111:
Cemetery and PBC
{3107925031)
85 of 102
13
Design-Builder to mate arrangements for such additional testing, ioapection or approval by an entity acceptable to
the Owner, llld the Design-Builder shall give timely notice to the Owner of when and whem teata and inspectionB
are to be made so that the Owner may be present for such procedures. SUch costs, except as provided in Section
A.13.53, shall be at the Owner's expense. The De&isn-Builder also yrees that the C9§t oft.c;stjng seryices R@ired
for the conymimce of the Design-Builder in his achednlipg and. perfnrmance of the Work.. apd the cost of teating
8~8 xe)a!M to remedial qperaticms pqfnrrml to comet d;ftclmclp in the WOik. Rlpll be bom bJ1 the De&jp~
§ A.13.6 COMM&~&M&NI' OF SJAlUf.OR¥ l.IMR'ATION PERIODGENERAL PROVISION§
§ A.11.U AB 'between $e °""9elf aed Beaip 1hild8F.§ A.1U.1 Titles of article&. seed.om. paragraphs and
sub.\Wagrapbs are for convenicocc OD1y and nQither limit nor argplify the movisimi• of 1he Contract in itBelf, The
use herein of the word "includiQg," when following any mmm1 ptmoont. trnn or matter· 1baJl not be construed to
limit sgch tJ!AfJ:!mnnt. tmm or mattJ¥ to the m;@ic itqp11 or m!!ftm set fmth immediAtt.ly followJng Buch W01'd or to
eimilar items or m11tti;ni. whether or not non·limitinc laQimage (81JCh wOlds as "wiehout limitation" or "but not
limited to" or words of almUAr import) is used with refmmce tberefp. but !J!fber !!ha11 be deepd to 1!fq to all otlg
item!! ormattm that collld reasqy!bly fall djp the broadest posm"ble scope of such ganeral starement term. or
~
·1A.13.6.2.)'ibepeyer possible. eacl! provision of this Contract sbaD be into prctcd in a gnner aa to be effix;tiyc and
yalid 1J9der am!?hJe Jaw; Jf, ~weyer. any provision of thia Contract. or portion thereof. is pmhihitt4 by law or
fuund inya1id under any law, only auch gmyision or portion fheteof ab!tlJ be jneffectiYC. without in any !!!lOPCr
invaliCfuting or.affecting the mpnining :groyisiOJlll of this Contract or yalid portions of sue) proyisimt. whjgh are
hereby
deemed
ieml!ble.
.
.
•'
§ A.13.6.3 Bach party hereto yreea to do all acts and things to ma1re execuq, and de1iyer such wrltt8n iMlrnmmt! as
mpJ1 ·from time to tipie be re8sonablY mQOl.red to catty out the !Mm and proyisiona of the Conttact Docwm!ts-
§ A.13.6.4 Any mr&ffie ICQnimnmt in this Contract that the mJPODSl"bilitiea or obligations of the Dsrign-Builder also
&PJPlY tO a Subooptract.or is added fur empb•eia and is slso hereby df'lfmlf'4 to incluc!o a Subcontnw.tor of 81\Y 1ic;r,
The omission ofa :reference to a Subconqador in sgnnection with any oftbe Design°Bnilde(1 .mpaiwJ;litim or
obligatirins 11ha]] not be conat:rued to dimjni11b abJp£lde. or limit any regonsibilities or obJigati91!1! of a
8ubcontractor of anv tier under the Contract I>ocummb! or the applical>le sqbcoptract.
§ A.13.&.5 The Desi.m-Buildef. as to Bgual Biqploygnt Oj)J>ortunity. shall C9l1!Ply 1'ith the following;
(1)
Each subcontractor is IeC!ujrcd to Observe tb8 proyiBions of the Kan5u Act Agajn!!t DiscriminJ!!inn
and nb•ll not digrimjnlltf! apinst any person in the perfnmwpoo of Work pnder the Contract Mr:emr@of race,
religion, color· SCJL oatiooal migin..llDcestly Ol haodicg.
C2l
In all solicitations or a.clvcrt:isqmmta for cgloyees. die hM<!a ah•ll itJc1tm the phrase ''Bgpal
OpjJortuoity Rmployef or a sjmit!ll' phme to be gpmnyed by 1be Kansas Commj!!8inn op Civil RlghtB.
C3l
If Design/Buildq fails to comply with the m!l!IJ!cr in which Peejgoffluilc!er re,porg to the Ken•
Commission on Civil Rid>ti ·in apconlance with the Contract. the Contract may be canceled. termip•ted or
sugnded and Desip1R11Udq will be mIPmmd from t1re @Plll'OYcd bidder list.
,1
Beten SBllsrt ,al Qrmpletiaa. 1\8 te aeta • :failamll te ll6t ee8U&'ieg flliar te 1ihe relewat date ef
8eal&Bfial ~ aay applieeW.e *tnte eflimiatieas + P ee==mee te 1'119 wl aay &Deged
ewe ef ae&ea ab" 1'e .Seemed ts 8wJe llB8!ll86 ill aay ae8 llll e·Jelltl eet law die &aell &118 ef
Sahstamial C:empletieat
Be&wllell Sa~ Gamplelea aad Phial Applleatlea fw Pa, 11at. Ae te aea er itilllf8& te aet
eeBllRiBg ee1ert11eP' te Ille 181eve&t dale ef SHsteO'ial Gempletiea an& ptiei' te ill111aaea ef the fine 1
.'\ppieatiea fer Pa)"MM, aay eppJieele statute efUmi•adw +s11 ee=mMNPe ts fllll wl BllY alleged
GIBlllB ef BBB ~he dBB.B!Hld ts Ba'IB &eefll8d ill aay S aD &'18Bt8 Bet 1 al!f die die dale ef
ieeuaeee ef tl1e fira 1 .~atiea fer Pa)'IMlltt lllld
AAel' PIBal Applleatlea lei' Paymat ,\ti te 11818 er maw te ast eeennng def die :rel&TJBBt dale
0
.2
,3
Pa,_.,.,
efis&UHee ef the fiBa1 .t,plieaaie& tw
aay app)isa1'le etalale efH-WaY esU eemmesee
te Jllll eaS aay aUegecl eft11Re ef aetieB eh2u ee lieBB1Bd 1B ha:1B 118mHBd: ill Rily 8Bd ell BYeata aet later
or
Addlllona 111111 De19111lftl ~fer AIA ~ A141 111 -211114 Elhlblt A. CGp)l'laht 02004 byllle Amtdoan lna1llute Architects. All rtghta
IMIMICL WARNING: Thia Al/4 Document la prolilCl9d by U.S. Copyright Law and lnternatlonll Treatlea. Uneulharlzed reproduction Oii dlatrlbutlan of
thla AJA• Document, or my portion ar It, may result In _ , . civil mod criminal penaHJae, and will be prolllCllt9cl to the maximwn exlllnt posslble
undlr 11111ew. This docunent 11118 poducer.t by AIA aoftware Ill 142l:45 on 10/12/2008 under Order No.1000218088_1 which expll'lll on 112812007, and la not
farnisall.
UWNollls:
Cemetery and PBC
(3107925091)
86 of 102
14
thaB the date ef &B)' aet 91' fllilBle te aet 8y tke I>eeige B11ild= pllflnaat te aay Wllft'Bllty pl'9Vitle8
wlar Seeliee A'.U, the da1ie ef a&y eeaeliea ef the Wedi; er fllilum te eaeeet the W8lk ~the
1>eaigll. Jlui'dM eBEIM 8eetiea ,A.,,12.2, et the date ef aetual eemebsiaa ef aey edl& aet e£ fail111B te
peffeeB: aay duty er eWiga&9Jl hy the J;)eaiga: B11ilder er Owsef, whiekewr eeem la!ff.
(4)
If Design/Bpildq is found ggilty of a yigletion of the Kansy Act Against Dpcrimjpation umicr a
decilioil. or on:ler of the Kfmsas Comrnission on Civil Rights which bas become final. Design!Bm1d'Y shall be
deemed to have breached this Contract and it may be fW)celed. tctmin•fM or simiro"rd in whole or in part. by
~
A
tile QwB,r,has failed te fmaiakte the J;)eeiga BeildarpHIBfltl.y, 11p81l tile J>eeig& B'llHder'a l'Bllllllfii
te81!BBi$18 eviSeBee ae ~ 1'y See9eB l~2.8.
§ A.14.1.2 The l>eaige; BBiitier may teBBi:Bate tke Desiga BlliW Ceatiasi if, drre1lg& aa aet m faelt ef the Deaip
BeiM• 91' .a CeBIReler, S1i~eDaetar 9!' thei- ageatB 91 empleyeee er a&y ether peJl'll8Bll er e&tifies pedimmiBg
P,eRiBBB af Ille 'Werk •milr .m eet 8F iBdimet eee&st witll tke l>eaigll Bu:Hde!\ fBll&llted llll!lp!Mieae, deleya SP
ie':&t'Of'&eas ef the ~$ire WeD.'. lty tke GwMF, as deaerihed ill 8e61iee AH .a, ewlitute iB tke agg19gat.e mee t:Ha
100 pereeat ef ~ ~ alHBher ef days sehedtilee fer ee:mpletie&; er 120 daye if': aay g(is day peed; w:hieJiever ill
~·
.
§A.14;1..3 JfQneoftherea8ons descn"bed ln Sections A.14.1.l or A.14.1.2 exists, the Design-Builder may, upon
seven. days' Written notice to the Owner, terminate the Design-Build Contract and .recover from the OWDm" payment
for Wark~ and for proVeil loss with respect to materials, equipment, tools, and constroction equipment arui
~hilie.ry. inclQd.iiig J,'CISOnable overhead, profit and damages.
,I ,\14.~A. § A.14.1.3 Iftt,c.Wmt iB stopped for a period of 60 consecutive days tbiough. no act or fault of the DesignB~ or a~ or tl:teir agents or employees or any other persona performing portions of the Worlc under a
or indirect~ with the Design-Builder because the Owner bas persistently failed to fulfill the Owner's
diteCt
obligaiit>ns under the De.$ign-Bnild Documents with respect to matters important to the progress of the Wodc, the
De8ign-~uilder may, upo:D. seven additional days' written notice to the Owner, temrinate the Design-Build Contract
and
from the Owner as provided in SCction A.14.1.3.
reeover
PAGE32
I A.14.-4.a lB the ~wet ef lei
'r''ise fer die Oww'a eeaveeiHee pHei- te semmeBeemeat ef G9BSW6&eB; the
DesigB B:aiWer shall be lllBlitlea te me&F,re pa.,1B8m fer deaiga 881'¥ieea peifamed; eesa iae&fl86 by mesea ef 1Neli
tsnrintiea ae8 :reeieMble eT+'amel!'i ~ ptefit ea de&iga 118Plises aet eempletee. le: ease ef termine'iea fer die
Gwl!Sf~e eeJl"lf!IBiBBee efty eo±meae81118Bt ef ae~ dJe 'Qeeip BuiltW nhen he eeti*'sd te reseP.• psymeat
fe1
elCeeUtee aH 898'!1~ ~ RBflBB ef ll1ieh ~ al&Bg with ieaeeaahle everhead aeS preiit 9&
the WeJ'k eet weuted.§ A.14.4.3 Uoon such termiPAtion, tb.e Design-Builder shall recover as its sole temody
pgyn1cmt for Worlc pmperly performed Jn cnnne@nn with the terrninated. portion of the Work prior to the effective
dote of !Brminatioti and.foi items properly and timely fabricated off the Pmject site. deliyered. and. stgred jn
accordance with the C>Wnei' 1 in§tructions. The Design-Builder hereby waives and fotfeits all other cJ11im1 for
gayinent anq damages. inclwfing. wi1bout limitation, anlichJated profits. Owner !ihall be credited for CD payments
preyiously made to.~ Desim-Builder for the tmpinsrtr.d portion of the Work. C1i) cJajma that the Owner bas against
the Desigri-B~ linder the Contract. and Cilil the yalue of the :materials. sglies. eqpimnent. or other items that
are to be disposed of by the Design-Bui1lf<lr that are part of the Contract. Sum.
We.
Additions and D•llltlons Ffilpo'1 for AIA Document A141 111 - 2ll04 Ellhlblt A. Cop!jl'lght C 2004 by The American ln8tltuta of AnH18Ct8. AR rights
r9lllWCL WARNING: Thie AJA• Document le protected bV U.S. Copyright LllW md lnttrnalfonel Tremlea. Unauthorized rapraductton or distribution of
this AIA• Documlfflt, or •ny portion of It, may result In - r e civil Ind criminal pent111181. •nd wlll 11111 prosecuted to the mulmum exlltnt pDllllble
under the law. Thi• document was pnxluoed by AIA ICJftwara at 14:22:45 on 10/12/2008 under Ord•r No.1000218093_1 which explrae on 1/R612007, and la not
for 18&81e.
Ulllll' Notes:
(3107925031)
Cemetery and PBC
87 of 102
15
EXHIBIT "C" TO GENERAL CONDITIONS OF THE
CONTRACT FOR CONSTRUCTION
AIA DOCUMENT Al41-2004, AS MODIFIED FOR THIS PROJECT
OWNER'S INSTRUCTIONS FOR INSURANCE AND BONDS
The requirements set forth in this Exhibit "C" are based on insurance provisions and requirements
set forth in Article 11 of AIA Document A141-2004, Exhibit A, as modified by this document ("AJA
Document Al 41-2004, Exhibit A"), and the completion of these instructions is presumed to be based
thereon.
A.
CONTRACTOR'S LIABILITY INSURANCE
Concerning the insurance described in Paragraph 1.1 of AIA Document A141-2004, Exhibit A,
specify the following limits:
1.
Worker's Compensation and Employers Liability
Bodily Injury by Accident
Bodily Injury by Disease
Bodily Injury by Disease
Statutory
$100,000 Each Accident
$500,000 Policy Limit
$100,000 Each Employee
Officers who will be on the job site SHALL be included
2.
Commercial General Liability (including Premises-Operations; Products and Completed
Operations, XCU cannot be excluded)
Each Occurrence Limit
General Aggregate Limit
Products/Completed Operations
Aggregate Limit
Persona and Advertising Injury Limit
$1,000,000
$2,000,000
$2,000,000
$1,000,000
The General Liability policy shall include a General Aggregate. Such General
Aggregate shall be not less than $2,000,000. Policy shall be endorsed to have a
per project aggregate.
3.
Umbrella Excess Liability
Maximum Possible Amount that
Includes the Base Bid, Alternate
Bids and Contingency Amounts
$2,000,000 or less
Between $2,000,000 and $10,000,000
$10,000,000 or over
4.
Umbrella Excess Liability
$2,000,000
$5,000,000
$10,000,000
Automobile Liability (owned, non-owned, hired):
Bodily Injury:
Each Person
Each Accident
Cemetery and PBC
$250,000
$500,000
88 of 102
Property Damage:
Each Occurrence
B.
$250,000 or
$1,000,000 combined single limit
OWNER'S LIABILITY AND CONTRACTOR'S PROTECTIVE INSURANCE
Concerning the insurance described in Paragraph 11.3 of AIA Document Al 41-2004,
Exhibit A, the Contractor shall provide this insurance with the following limits:
Combined Single Limit
Each Occurrence
Aggregate
C.
$500,000
$1,000,000
PROPERTY INSURANCE
Concerning the insurance described in Paragraphs 11.2 and 11.4 of AIA Document Al 41-2004,
Exhibit A, the Design-Builder will purchase the insurance in the amounts deemed to be in the
public interest that is described in Paragraphs 11.2 and 11.4 of AJA Document Al 41-2004,
Exhibit A.
D.
PROFESSIONAL LIABILITY INSURANCE
The Design-Builder shall hire a professional architect services under the Agreement, provide
professional liability insurance that compensates the Owner for all negligent acts, errors and
omissions by the Architect, agent, employees and consultants of the Architect arising out of the
Agreement. The Owner shall be named beneficiary of such insurance, which shall provide
coYerage of not less than $500,000 per claim and $1,000,000 aggregate.
E.
BONDS
(1)
A Performance Bond, Payment Bond and Statutory Bond as described in Paragraph 11.5
of AIA Document A141-2004, Exhibit A, and in the Additional Documents as that term
is defined in Paragraph 1.1.1 of AIA Document Al 41-2004, Exhibit A, shall be
provided in the following amounts:
100% of Contract Sum
Performance Bond
Payment Bond
Statutory Bond
(2)
The Performance Bond and Payment Bond shall be in the form set forth in AIA
Document A312 as attached hereto as Attachment "A" and the Statutory Bond shall be in
the form attached hereto as Attachment "B."
Cemetery and PBC
89 of 102
Monthly Council Report
July 2015
Department Highlights
Patrol Mileage:

All departmental operations are functioning normally.

Joel Isaacs was hired to fill one of the school resource officer positions. Isaacs was a former USD266 police officer who will continue
his duties in the schools as a Maize SRO officer.

Chief has submitted a federal technology grant application to fund a
new records management system.

Police administration has been working on transferring records and
equipment from the school district to the police department.
Updating and adding
additional vehicles.
August report will reflect current changes.
Budget status: Not avaliable
Major purchases: None
Monthly Activities
Current Staff Levels.
June Police Reports - 425
June calls for service - 351
8 Full-time
1 Full-time - Vacant
Community Policing:
1 Part-time
Officer Rhodes is working on CSI Camp and National
night out activities.
1 Part-time Vacant
3 Reserve
2 Reserve -Vacant
“ Your Police,
Our
Regular Council
JulyCommunity”
20, 2014
Cemetery and PBC
90 of 102
PUBLIC WORKS REPORT
7-14-2015
Regular Maintenance
•
Keeping up with the street grading with all the rain we had in June and now in July.
Also have tried to keep up on the mowing as best we can. City Hall, EMS and the
Community Building area are ones we do most of the time. As we get into other
projects sometimes the ditches and Road ROW have to wait a little longer.
•
Have made some repairs on some of the asphalt streets in town, as well as picking
up brush, burning brush , and doing the daily routine things that we must do.
•
Have had at least four burials in the last month, and many markers to set.
Special Projects
•
•
Cornejo is finally beginning to start work on 45th St. seems like it takes an act of
congress to be able to work in the RR Right of Way where it crosses a city road.
South Central Sealing has begun bringing in chat to start slurry-sealing. So things
are moving along pretty fast.
•
We began working on repairing/replacing sidewalk along King street. We have
poured about 160 feet so far. Have about 250 feet left to go.
•
The Wastewater Plant is operating ok. Had an air compressor failure Saturday,
July 11. Was able to get it repaired on Monday. Also, we are waiting on the new
Control panel to be delivered and installed. I told you last month about the wiring
shorting out and not allowing us to use pump #2 in the main wet well. Most of the
wiring is in terrible shape so the option was to get a new control panel. That is part
of Phase #1 in the plant upgrade anyway, its just that we need it now.
•
Met with Ron Barkley on the sidewalk along 45th between Maize Road and
Derringer. He gave us a fairly accurate estimate of about $120,000 to build a 6’
wide sidewalk along that stretch of 45th. When we get the money to do it we will
get more exacting bids.
Ron Smothers
Public Works Director
Cemetery and PBC
91 of 102
City Engineer’s Report
7/20/15
Industrial Park
Reiloy Westland’s building is nearing completion with production underway in their main plant area.
Offices are occupied.
Dairy Queen
Contractor has pulled permit and grading for the site has commenced.
Cemetery and PBC
92 of 102
PLANNING ADMINISTRATOR’S
REPORT
DATE:
July 9, 2015
TO:
Maize City Council Members
FROM:
Kim Edgington, Planning Administrator
RE:
Regular July Commission Meeting
The following is a summary intended to keep the Commission apprised of the status of
ongoing planning projects.
1. Commercial development at the northeast corner of 37th & Maize – the corner
lot has been purchased for future development as Emprise Bank. Plans have
been approved for the construction of Dairy Queen on the lot just north of the
intersection. The owner of the additional lots along Maize Road has filed a lot
split to create 3 lots out of what were 2 lots in order to offer a more
marketable product. Related to this the developer has filed a vacation of a
portion of access control along Maize Road to serve these lots with a shared
opening.
2. Potential apartment development in the 37th and Maize vicinity – Richard and
I have been meeting with an apartment developer from Tulsa, OK that is in
the process of purchasing approximately 14 acres of property for an upscale,
market-rate apartment community.
3. Zoning Area of Influence – the Sedgwick County Board of Commissioners
has directed the Metropolitan Area Planning Commission to study the current
practice of granting a 3-mile area of influence to cities within Sedgwick
County. Currently all platting and zoning cases within this 3-mile ring are
first reviewed by the Planning Commission of the affected city. A unanimous
vote by the Sedgwick County Commission is required to overturn any
recommendation of the local Planning Commission. I have been participating
in the Advance Plans Committee meeting of the MAPC and will attend the
MAPC meeting on July 23 to insure that the needs and concerns of Maize are
being heard throughout this process.
4. General planning issues – I continue to meet, both on the phone and in person,
with citizens and developer’s representatives requesting information on
general planning matters, such as what neighboring property owners are
planning to do, what they are allowed to do on their property, and what the
process is for submitting various applications and materials to the Planning
Commission.
Cemetery and PBC
93 of 102
City Clerk Report
REGULAR COUNCIL MEETING
July 20, 2015
Year to date status (Through 6/30/15):
General Fund –
Budget
Rev.
$2,666,831
$3,030,450
Exp.
YTD
$2,006,837
$1,857,482
75.25%
54.52%
Streets –
Rev.
$289,550
$280,300
Exp.
$ 148,966
$ 154,303
51.45%
55.05%
Wastewater FundRev.
$701,000
Exp.
$707,000
$ 418,206
$ 390,408
59.66%
55.69%
Water FundRev.
$754,500
Exp.
$754,500
$ 394,997
$ 411,105
52.35%
54.49%
Health & Dental Benefits
Per Council’s request, here are the 2015 numbers (through 06/30/2015) for employee health,
dental, and life (including accidental death and short-term disability).
Health:
Dental:
Life:
City Portion
$ 105,748.56
8,281.50
3,724.72
$ 117,754.78
Employee Portion
$
26,388.62
2,071.22
0
$
28,459.84
Cemetery and PBC
Total Paid
$132,137.18
10,352.72
3,724.72
$146,214.62
94 of 102
Dugan Park Funds
Per Council’s request, the following is a breakdown of the Dugan Park funds (as of 06/30/2015)
Starting Balance:
Phase II Playground Equipment:
Master Park Plan:
Park Equipment:
Community Building Remodel:
Emergency Lighting Upgrade
Playground Signs (5-12 year old):
Volunteer Supplies:
Soap/Towel Dispensers:
Epoxy for Picnic Tables:
New Ceiling Registers:
Parts to Install Picnic Tables:
Concrete to Install Benches:
Ceiling Fans, Wall Plates:
Guttering for Comm. Building
New Chairs for Comm. Building
Appliances for Comm. Building
Electrical Receptacles at Park
Skate Park Equipment
Supplies to Install Equipment
Signs for Skate Park
Clean Up/Repair Bathrooms
Park Shelters
Skate Park Equipment
Removal of Light Poles
Skate Park Installation
Remaining Balance:
$304,736.57
- 18,563.00
- 10,000.00
8,000.00
- 36,580.00
1,057.47
120.00
19.12
454.56
71.33
123.33
44.33
13.16
171.44
955.50
558.82
1,313.94
1,679.21
7,214.04
871.80
340.00
127.49
- 52,443.10
- 28,990.38
- 11,600.00
- 24,478.30
$ 98,946.25
Cemetery and PBC
95 of 102
CITY OPERATIONS
REPORT
DATE:
July 15, 2015
TO:
Maize City Council
FROM:
Richard LaMunyon-Becky Bouska-Sue Villarreal-Jolene Allmond
RE:
June Report
1)
Water Rights Appeal to State
A conference call has been scheduled for July 23rd to discuss the City's position with
State officials. They received all our documentation some time ago.
2)
Park Improvements
Staff is moving forward with finalizing Restrooms and Splash Park contracts for
Council consideration. Also developing a schedule as to when the construction will
begin.
3)
Trailer Parks Law Suit
Staff is working with our attorney, Steve Robinson, and is gathering information for
rebuttal. Steve responded to the initial lawsuit on July 10th.
4)
Economic Development
•
Aerotech anticipates being operational by year end.
•
Dairy Queen
1. Moving dirt
2. City has issued building permit
•
17 new single family housing starts
•
1 new tri-plex
5)
City Meetings
•
July 14th
•
July 20th
•
August 3rd
•
August 6th
•
August 11th
-
Park & Tree
Council
Special Council
Planning
Park & Tree
Cemetery and PBC
@ 5:30pm
@ 7pm
@7pm
@ 7pm
@ 5:30pm
96 of 102
MUNICIPAL COURT
July 1, 2015
AS OF 6/30/15
2nd Quarter Activity
2015
9
102
0
15
0
4
130
YTD
19
188
0
29
5
9
250
2014
7
66
2
4
5
5
89
YTD
13
156
2
33
8
10
222
Dismissals
Paid Fine
62
67
101
130
83
64
135
178
Issued
Cleared
12
15
51
49
21
24
50
52
DUI
Traffic Violations
Parking Violations
Ordinance Violations
Crimes Against Persons
Crimes Against Property
Total Violations Closed
Case Dispositions
Warrants
Respectfully,
Sara A. Javier
Cemetery and PBC
97 of 102
MUNICIPAL COURT FEE COLLECTIONS
2015
Fund
GF
GF
GF
GF
GF
GF
GF
GF
GF
GF
GF
LETF
MCF
MCF
MCF
MCF
MCF
MCF
MCF
MCF
FEE TYPE
Municipal Court Warrants
Court Fines
Municipal Court Late Fee
Municipal Court Costs
Municipal Police Reports
Municipal Bond Receipts
Restitution Fees
Diversion Fees
ADSAP
Police Video Fee
Jail Housing Fees
Local Law Enforcement Training Funds
State Court Training
State Law Enforcement Training
Reinstatement Fees
Municipal Court Bond Receipt
Diversion Fees
Public Defender Fees
ADSAP
DUI Supervisory Fund
Total Fee Assessed
JAN
$
FEB
-
2,458.00
$
MAR
APR
MAY
231.00
$ 150.00
$ 200.00
$ 150.00
4,135.00
3,164.00
2,756.50
4,115.00
JUN
$
JUL
AUG
SEP
OCT
NOV
DEC
50.00
TOTAL
$
2,230.64
781.00
$ 18,859.14
40.00
100.00
40.00
20.00
80.00
20.00
783.70
1,789.00
1,208.00
1,292.00
1,545.64
1,138.36
$ 7,756.70
84.65
259.55
245.00
223.50
119.20
201.75
$ 1,133.65
-
-
-
-
-
-
$
-
-
-
-
23.00
$
37.00
10.00
4.00
467.00
1,326.76
$
1,241.64
300.00
423.36
702.14
270.66
-
-
-
-
-
-
$ 4,431.56
$
-
-
25.00
75.00
75.00
25.00
75.00
$
275.00
394.32
54.42
84.08
44.68
55.70
47.36
108.08
$
132.00
336.00
204.00
276.00
252.00
216.00
$ 1,416.00
6.50
14.00
9.00
10.00
10.50
9.00
220.00
504.00
368.00
468.00
380.00
340.00
-
162.00
303.00
81.00
243.00
-
481.00
-
-
(481.00)
231.62
355.25
348.00
369.65
195.32
960.50
32.50
70.00
45.00
50.00
52.50
45.00
$
295.00
-
-
-
-
-
-
$
-
260.98
$ 4,781.37
958.82
$ 10,835.46
66.66
$ 6,693.70
858.90
$ 7,438.39
638.10
$ 7,643.28
$
81.00
$
1,533.50
342.00
$ 8,615.47
Cemetery and PBC
59.00
$ 2,280.00
870.00
$ 1,533.50
$ 2,460.34
$
-
$
-
$
-
$
-
$
-
$
-
$ 3,125.46
$ 46,007.67
98 of 102
CODE ENFORCEMENT
DATE:
July 20, 2015
TO:
Maize City Council
FROM:
Pat Longwell & Jeff Greep, Code Enforcement Officers
RE:
2015 Third Quarter Summary
The following is a summary intended to keep the Council apprised of the status of ongoing code
enforcement violations. In addition to the major violations listed below, code enforcement has
written approximately 161 other violations (most of which have been corrected) for trash, junk
cars, etc. this quarter. Additionally, 244 storm water notices of violation were written.
1. Housing Case #23: 120 W. Academy – House and garage need roof, siding, and window
repairs and paint. They have started repairing siding and have done some painting. (On
going since 7-21-2014)
2. Housing Case #24: 9035 W. 61st St. N – House and garage need roof, siding and window
repairs. They have started siding the garage and the repairs on the house. (On going since
7-21-2014)
3. 109 Khedive – There is an individual who seems to be interested in purchasing the
property to refurbish. They were not able to get clear title. They may have to wait until it
sells at the Tax Sale next year. Waiting on the Tax Sale.
4.
111 N. King – The owner has been notified that he needs to fix the fence, mow, and
remove the mobile from the property. The mobile home has been removed. The grass
and brush has also been mowed and cut down. He is currently working on repairing the
fencing. Fence is repaired and is working on getting his salvage license. (Ongoing)
5.
110 N. Park – Has built new storage building to help correct violations on property. The
owner is working to remove the salvage materials from the property and is going to store
them in the new building. (On going)
6.
321 E. Academy– Burned garage. Permit has been extended and in process of repair.
Garage has been reroofed and they are still working on siding. (On going)
7.
9010 W. 61st/6225 N. Tyler – Fined $2,000 for violations. Court will lower fine if
violations are corrected. Have moved out over a dozen old autos. (On going)
8.
200/300 Block of Albert – Mobile Home Court has mowed and is hauling off limbs and
trash to help correct violations on property. (On going)
9.
4885 N. Maize Rd. – Citation issued for tall weeds and brush. Court costs after mowing.
(On going)
10.
9035 W 61st N – Citation issued for junk, tall weeds, brush. (On going)
11.
4865 N. Maize Rd. – Charged $50.00 plus costs. (Closed ticket)
Cemetery and PBC
99 of 102
12.
9000 W. 61st N. – Citation issued for tall grass, weeds, brush, junk. (On going)
13.
6205 N. Tyler – Citation issued for tall grass, weeds, brush, junk. (On going)
14.
5203 N. Maize Rd. - Citation issued to remove gas station canopy. (On going)
15.
Worked on the new mobile home court ordinance and city wide Clean-up day.
Cemetery and PBC
100 of 102
Draft
MAIZE CITY PLANNING COMMISSION AND
BOARD OF ZONING APPEALS
THURSDAY, JULY 9, 2015
The Maize City Planning Commission was called to order at 7:00 p.m., on Thursday,
July 9, 2015, for a Regular Meeting with Mike Burks presiding. The following Planning
Commission members were present: Mike Burks, Bryant Wilks, Dennis Downes and
Jennifer Herington. Planning Commissioner not present were Andy Sciolaro, Gary Kirk
and Bryan Aubuchon.
Also present were Sue Villarreal, Recording Secretary; Kim Edgington, Planning
Administrator; Richard LaMunyon, City Administrator; Bill McKinley, City
Engineer and LewJene Schneider, Walker, Lane and Reed.
APPROVAL OF AGENDA
MOTION:
Herington moved to approve the agenda as presented.
Downes seconded the motion.
APPROVAL OF MINUTES
MOTION:
Herington moved to approve the May 7, 2015 minutes as presented:
NEW BUSINESS – PLANNING COMMISSION
V-02-015 Vacation of complete access control across Lots 2,3, and 3a, Block 5, WynWood Addition (North of 37th Street on the west side of Maize Road).
Edgington explained to commissioners that the applicant is requesting to vacate complete
access control to allow for a second opening to serve Lots 2, 3 and 3a.
MOTION:
Herington moved to vacate complete access control to allow for a
second opening to serve Lots 2, 3 and 3a subject to the conditions
and modifications outlined in the staff report and subject to the
following conditions:
1) Only one opening allowed with size, design and placement
subject to approval by the City Engineer
2) Must allow crossflow of traffic for easy access to all businesses
3)
Cemetery and PBC
101 of 102
ADJOURNMENT:
MOTION:
With no further business before the Planning Commission,
Wilks moved to adjourn.
Downes seconded the motion.
Meeting adjourned at 7:22 PM.
__________________________
Sue Villarreal
Recording Secretary
_________________________
Gary Kirk
Chairman
Cemetery and PBC
102 of 102

Agenda - City of Maize, Kansas

Transcription

Similar documents

embassy of the republic of zambia

No. 3 Winter 2011 - Friends of Bohemian National Cemetery

Annonce S1

Epitaphs and Headstones - Visit Perth County Ontario

Big data Web sites: 40 billion indexed web pages Youtube: 100 hrs

Brochure - AC Moore Financial Services

Untitled

MAÍS Southwest Project – dedicated to Deb Muenchrath

Budget Work Session - Albemarle County Public Schools

February

APPROVED: - Catholic District School Board

Volume 30 Number 1 CCRSPA - Cecil County Retired School

Latest Newsletter - Blackstone Valley HOG

firmenwagen MEdiAdATA 2016

Zemes un vides zinātnes