board of county commissioners agenda thursday, february 16 ... · agenda request-2017 value notice...

BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, FEBRUARY 16,2017,9:00 AM COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMATIONS/PRESENTATIONS

1. Presentation on the Equifest event to be held February 24, 25, and 26, 2017-Ann White, Manager, Equifest.

2. 2017 Value Notice Overview-County Appraiser.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider acceptance of the County Treasurer's January 2017 bank reconciliation report.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. KANSAS EXPOCENTRE - Les Crooks

1. Consider authorization and execution of Contract C52-2017 with SMG and Emma Rupke for rental of Heritage Hall on April28, 2018.

C. PUBLIC WORKS/SOLID WASTE- Tom Vlach

1. Consider authorization and execution of Contract C53-2017 with Cook, Flatt & Strobel Engineers, P A for design and construction engineering services for the S W 109' s Street over Tributary to Wakarusa project at a cost of$49,000.00 with funding from the Special Bridge Fund.

2. Consider authorization and execution of Contract C54-2017 with Cook, Flatt & Strobel Engineers, PA for design and construction engineering services for theSE California Avenue over Tributary to Wakarusa project at a cost of$48,000.00 with funding from the Special Bridge Fund.

3. Consider authorization and execution of Contract C55-2017 with Cook, Flatt & Strobel Engineers, P A for design and construction engineering services for the SE California A venue over Tributary to Wakarusa project at a cost of$45,000.00 with funding from the Special Bridge Fund.

4. Consider authorization and execution of Contract C56-2017 with Finney & Turnipseed Transportation and Civil Engineering, L.L.C. for design and construction engineering services for the NW Button Road over Tributary ofHa1fday Creek project at a cost of$35,000.00 with funding from the Special Bridge Fund.

5. Consider authorization and execution of Contract C57-2017 with Finney & Turnipseed Transportation and Civil Engineering, L.L.C. for design and construction engineering services for the NW Dondee Lane over Break Neck Branch ofHalfday Creek project at a cost of$37,000.00 with funding from the Special Bridge Fund.

D. PARKS+ RECREATION- John Knight

l. Consider authorization and execution of Contract C58-2017 with CFS Engineers for design and construction documents for the construction and installation of a pre-fabricated pedestrian foot bridge to be placed over a cove of Westlake Pond in Gage Park on the north section of the Gage Park fitness trail at a cost of$16,400.00 with funding from the National Recreational Trails Grant and a 20 percent match from the Parks + Recreation Building Maintenance Fund.

E. FACILITIES MAINTENANCE- Bill Kroll

l. Consider authorization and execution of Contract C59-2017 with Minnesota Elevator, Incorporated for elevator maintenance at all Shawnee county locations.

2. Consider authorization and execution of Contract C60-2017 with Ameri-Crete, Incorporated, amending Contract C447-2016 for parking Jot/foundation improvements, including Alternates #1 and 2 at the North Annex, to include a change order in the amount of $6,112.50 for replacement of 305 square feet of 6 inch paving and 16 linear feet of curb and gutter in the north parking lot.

F. SHERIFF'S OFFICE- Sheriff Jones

l. Acknowledge receipt of correspondence regarding renewal of a contract (Contract C61-2017) with the Sherwood Improvement District for additional law enforcement services by the Reserve Division for the period January 1, 2017 through December 31, 2019 at a cost to the Sherwood Improvement District of$2,525.00 per month for years 2017 and 2018 and $2,625.00 per month for year 2019 to be deposited into the Reserve Fund.

G. ADMINISTRATIVE SERVICES- Betty Greiner

1. Financial Report (preliminary) for 2016.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

Rezac, Jane

From: Sent: To: Subject:

Ann White [[email protected]] Monday, February 13, 2017 10:03 PM Rezac, Jane Equifest

Equifest of Kansas will be celebrating our 28th Anniversary Feb 24, 25 and 26 at the Kansas Expocentre. We would like to thank Topeka for their support and for facilitating a remarkable event last year. This event has grown from an average of 1e,eee attendees in Wichita to 13,eee last year. We are expecting 15,eee horse enthusiasts this year. We have over 188 vendors representing 24 states, we have at least 38 vendors on a waiting list and we have been sold out for months. Last year we had 3 food trucks and this year we have 18. In Wichita we had 9 sponsors and currently we have 47! Our program has grown from 32 pages 2 years ago to se pages this year with many companies still trying to buy adds even though the deadline has past. The stall barn is sold out with many breeds and special demonstrations turned away due to lack of space. Clinicians and speakers from all over the country are seeking us due to the reputation of this event. The excitement and interest in Equifest is contagious! We are busting at the seams and we desperately need more space! The expansion and renovation of the Kansas Expocentre is vital to the growth and continued success of Equifest and the equine industry in Kansas. The economic impact to this community from an event like this is enormous and should not be overlooked. Once again I urge you to stand behind the voters of Shawnee county and support the promised plans of expansion and renovation. New this year, Friday night we are having a live concert and dance following the Jumper Classic, a farrier's contest on Friday and Saturday and a Ranch Horse Youth Competition on Sunday afternoon. Saturday and Sunday we will bring back the Ranch Rodeo along with full days of clinicians , breed showcase, special demonstrations-- like Mustang Maddy with her zebras-' activities for the kids, dance lessons, fashion shows, educational seminars, lots of shopping, great food and much more. We invite you to join us on Feb 24, 25 and 26. I would love to meet you at the doors and personally introduce you to Equifest of Kansas. Again, thank you Topeka for a warm welcome last year and we look forward to another great year!

1

Shawnee County OFFICE OF COUNTY APPRAISER

Steve J Bauman, RMA

Memorandum

To:

From:

Date:

Re:

Board of Shawnee County Commissioners \l Steve Bauman, Shawnee County Appraiser "W February 13, 2017

Agenda Request- 2017 Value Notice Overivew

Please place the 2017 Value Notice Overview on the February 16,2017 presentation agenda.

1515 NW Saline, Suite 100- Topeka, Kansas 66618-2838- Phone (785) 233-2882- Fax (785) 251-4903

Shawnee County Appraiser

2017 Valuation Notice Overview

Positive Market indicators

New Home Permits by Year

2/13/2017

1

2/13/2017

SALES BY YEAR

SALES BY MONTH

2

Overall Value Indications

• Commercial Market Values - Increase overall by about 2.3%

• Residential Market Values - Increase overall approximately 2.3%

submarkets will see an increase

2/13/2017

3

New Construction

• Residential New Construction added just over $52.9 Million

• Commercial New Construction added just Million

2017 Valuation Notice

• 2017 Change of Value Notices will be mailed February 15th

• Will only mail out notices to those owners where the value or class has changed.

• This process has saved county taxpayers over an estimated $175,000 since we started this process in 2011

'"' ""'"""r41,000 notices will be mailed this year.

WUI'lnate!IV 80% of those will have an mcnE!a5t~• ll

2/13/2017

4

2017 Valuation Notice

• For those that do not receive a notice but would like one.

-Available on our website @ www.snco.us/ap

-Call our taxpayer assistance line 785 232-4461

We will send notice by (e-mail, regular mail,

by our office and we will print the n

2017 Va luation Notice

• Last day to file an appeal of value is March 17th

• Do not need a notice in order to appeal -Our phone lines will be open beginning February 15th

-Taxpayer Assistance line (785 232-4461)

-Our Appraisers will be answering the phones the first week to help answer questions and schedule auuo:::::,r::u~

-They will still be available after the first week for ns

property owner that misses this be able to pay under prn'l'.::•dt>-:~

2/13/2017

5

DATE:

TO:

FROM:

CC:

RE:

-til Shawnee County /

February 13, 2017

Office of County Treasurer

Room 101, Courthouse, Topeka, Kansas 66603 Phone 785-251-5415 (MV)

785-251-5416 (Tax) http://www.snco.us

LARRYMAH COUNTY TREASURER

MEMORANDUM

Shawnee County Board of Commissioners

Larry Mah, Shawnee County Treasure~ Lorna McPhail, Deputy Financial Administrator

January 2017 Bank Reconciliation

Please place this request on the Thursday, February 16, 2017 Board of County Commission Consent agenda for final approval of the January 2017 bank reconciliation report. This bank reconciliation report has been reviewed and approved by Audit Finance Department.

Thank you for your time and consideration.

January 2017 Bank Reconciliation

Ending balance Per OneSolution

Reconciling Items

Less:

Credit cards (posted to bank February 1 & 2, 2017)

Deposit in Transit (posted to bank February 1, 2017)

Payroll

Payment to State of Kansas Director of Vehicles (posted to OneSolution February 1, 2017)

Payment to KCoVRS (posted to OneSolution February 1, 2017)

Payment to Jedo (posted to OneSolution February 1, 2017)

Add:

Outstanding checks as of 1/31/2017

Credit Card payments (posted to OneSolution in February 2, 2017)

Payment to Wells Fargo (posted to bank February 2, 2017)

Payment to Kansas Dept. of Revenue (posted to bank February 3, 2017)

ACH Credit-Remote deposit (P & R) (posted to OneSolution February 1, 2017)

ACH Credit-Remote extra deposit (posted to OneSolution February 2, 2017)

ACH Credit-KS Claims payment (SCHA) (posted to OneSolution February 1, 2017)

ACH Credit-WPS payment (SCHA) (posted to OneSolution February 1, 2017)

ACH Credit-UMR payment (SCHA) (posted to OneSolution February 2, 2017)

ACH Credit-IRS payment (Register of Deeds) (posted to OneSolution February 1, 2017)

Adjusted ending balance

Vault cash

Ending balance per UMB Bank

Difference

Prepared by: tjt

Shawnee County Treasurer's Office

February 6, 2017

$ 124,164,096.48

$ 124,164,096.48

$ 10,820.13

$ 20,581.08

$ 104.24

$ 27,933.84

$ 34,390.50

$ 649,043.65

$ 742,873.44

$ 3,162,975.24

$ 1,989.42

$ 18,377.08

$ 58,012.49

$ 1,679.97

$ 25,196.00

$ 77.76

$ 245.86

$ 438.65

$ 58.00

$ 3,269,050.47

$ 126,690,273.51

$ 4,000.00

126,686,273.51

126,690,273.51

$

Memo

TO:

FROM:

DATE:

RE:

Robert E. Archer, Chairman, Shawnee County Commission Kevin Cook, Vice-Chair, Shawnee County Commission Shelly Buhler, Shawnee County Commission

Les Crooks, Interim General Manager ~

February 8, 2017

Rupke Wedding Reception, April28, 2018

Please add this request to the commission agenda for Thursday, February 16, 2017.

We have prepared a contract for the Rupke wedding reception held in Heritage Hall on April28, 2018. As SMG's contract expires at the end of2017 I'd like the commissioners to approve this contract so we may send our client their contract for their event.

Thank you for your consideration on this matter.

73,

SHAWNEE COUNT_Y. CONTRACT 1/i.C'..Q ¥Q£f

PERMIT FOR USE OF THE KANSAS EXPOCENTRE FACILITIES

PERMIT NO. #18-27598

SECTION 1.0 PARTIES

1.1 This permit, made and entered into on this Wednesday, February 8, 2017, with KANSAS EXPOCENTRE of Shawnee County, Kansas and

Organization: Rep. Name:

Street: City/State/Zip:

Telephone:

Rupke Wedding Reception EmmaRupke 4404 SW 171h St. Topeka, KS 66604 785-302-0427

1.2 Pursuant to home rule resolution No. HR-84-4-A of Shawnee County Commission and this permit and subject to the conditions, limitations and restrictions contained in said resolution or hereinafter set forth, permission is hereby granted for PERMITTEE to use and occupy the EXPOCENTRE as detailed hereinafter.

Approval of Permit: This permit will not be in force until it has been approved by the General Manager of the KANSAS EXPOCENTRE. Before the General Manager will sign, the PERMITTEE shall endorse the same "accepted" in the space hereinafter provided, and return to the KANSAS EXPOCENTRE no later than March 15, 2017 accompanied by any payment required.

This Permit shall have no force or effect whatsoever unless and until PERMITTEE endorses the same "accepted" in the space hereinafter provided. By said acceptance, PERMITTEE shall covenant and agree to well and truly perform or abide by each and every provision, condition, restriction and limitation of this permit. Said compliance shall be a condition subsequent to the continuance in effect of this permit.

FACILITY Heritage Hall

SECTION 2.0- FEE TERMS

DAY Saturday

DATE 4/28/2018

TIME OF USE 8AM-11AM 5PM-1AM 6PM-12AM 12AM-1AM

PURPOSE ACCESS/DECORATE ACCESS EVENT HOURS MOVE OUT

2.1 PERMITTEE agrees to pay the KANSAS EXPOCENTRE, for use of leased space, a guarantee of ONE THOUSAND FIVE HUNDRED FORTY-SIX DOLLARS AND N0/100 ($1,546.00).

Facility Rental (1 day@ $750.00/day) $750.00

Operations Staff(13hrs.@ $21.00/hr.) $273.00

Security, non-supervisor (7hrs.@ $17.00/hr.) $119.00

Security, supervisor (7hrs.@ $19.00/hr.) $133.00

Insurance (280@ $0.70/person) $196.00

Line of Demarcation/Gazebo $75.00

Deposit: $750.00 ; Due by 3/15/2017 Rec'd _______ _

Final Payment: $796.00 ; Due by 3/28/2018 Rec'd _______ _

2.2 It is agreed that if PERMITTEE fails to hold the event, the sum of SEVEN HUNDRED FIFTY DOLLARS AND N0/100 ($750.00) will be retained, as liquidated damages, not as penalty. PERMITTEE agrees to pay reimbursable expenses incurred By the KANSAS EXPOCENTRE in connection with the event or events covered by this permit.

2.3 Interest shall be due and payable by the PERMITTEE to the KANSAS EXPOCENTRE at a rate of ONE AND ONE HALF PERCENT PER MONTH (18% APR) for past due amounts.

2.4 PERMITTEE agrees that if the KANSAS EXPOCENTRE incurs any costs in the collection or enforcement of payment of this agreement, including, but not limited to, collection agency fees, costs of filing suit and reasonable attorney fees, PERMITTEE agrees to pay such costs.

SECTION 3.0- INDEMNIFICATION

3.1 PERMITTEE agrees to indemnify, defend and save harmless the COUNTY, SMG, a Pennsylvania Joint Venture Partnership, its partners, agents, and employees, and the KANSAS EXPOCENTRE, its officers and representatives, against any and all claims for injury to person or damage to property, including claims of volunteers, participants in the event or employees of PERMITTEE, any contractor or subcontractor, resulting directly or indirectly from any act, incident or accident occurring in, upon or about the premises of the KANSAS EXPOCENTRE as a result of the acts, errors or omissions of the PERMITTEE or its agents or arising in connection with operations, use or occupancy of the premises by PERMITTEE.

SECTION 4.0- RULES AND REGULATIONS

4.1 PERMITTEE will abide by and conform to all rules and regulations adopted or prescribed by the COUNTY, KANSAS EXPOCENTRE, SMG and GENERAL MANAGER for the protection, control and management of the premises. The aforementioned premises and keys thereof, shall be at all times, under the charge and control of the GENERAL MANAGER. PERMITTEE shall not allow the premises to be used for lodging rooms nor for any improper, immoral, illegal or objectionable purpose and will not sublet any space hereby leased without the written approval. PERMITTEE will not in any way obstruct, or interfere with the occupancy of other tenants on the premises, not in any way injure or annoy them.

4.2 PERMITTEE will comply with all laws of the United States and the State of Kansas; all City of Topeka ordinances; Shawnee County resolutions; and all lawful orders of law enforcement, health and fire departments. PERMITTEE will obtain and pay for all necessary permits and licenses. PERMITTEE will neither do, nor suffer to be done, anything on said premises during the term of this permit in violation with such laws, ordinances, resolutions, rules or orders. This permit is fully executed in the State of Kansas, and Kansas law is applicable.

SECTION 5.0- GENERAL TERMS AND CONDITIONS OF USE AND OPERATION (PUBLIC SAFETY)

5.1 PERMITTEE agrees at all times to conduct activities with full regard to public safety and will observe and abide by all applicable regulations and request by duly authorized governmental agencies responsible for public safety.

SECTION 6.0- FIRE AND OTHER UNFORESEEN OCCURRENCES

6.1 That in case the said premises, or any part thereof, shall not be ready for occupancy due to incomplete construction, or shall be destroyed or damaged by fire, storm, flood or any other cause, or if any other casualty of unforeseen occurrence shall render the fulfillment term of this permit by the KANSAS EXPOCENTRE impossible, including without limitation thereto, the requisition of the premises by the United States Government, or any arm or instrumentality thereof, or by reason of labor disputes, then and thereupon this permit shall terminate, and the PERMITTEE shall pay rental for said premises only up to the time of such termination, and at the rate herein specified, and the PERMITTEE hereby waives any claim for damages or compensation should this permit be so terminated.

SECTION 7.0- RESPONSIBILITY FOR PROPERTY IN BUILDING

7.1 The KANSAS EXPOCENTRE assumes no responsibility whatsoever for any property placed in said premises by PERMITTEE, PERMITTEE'S agents, exhibitors or others related to this event. PERMITTEE hereby expressly relieves and discharges the KANSAS EXPOCENTRE from any and all liability for any loss, injury or damage to persons or property that may be sustained by reason of the use or occupancy of said premises, or any part thereof under this permit. All watchmen, or other protective service, desired by PERMITTEE, must be arranged for special agreement with the KANSAS EXPOCENTRE at the sole cost and expense of the PERMITTEE or as stipulated in such permit.

7.2 In the event the above-described portion of the said premises is not vacated by PERMITEE, on the date named at the end of the term for which said portions of said premises are to be used, the KANSAS EXPOCENTRE is hereby authorized to move from said premises at the expense of PERMITTEE, all goods, wares, merchandise and property of any kind and all kinds and description which may then be occupying the portion of said premises on which the term of this permit has expired. The KANSAS EXPOCENTRE shall not be liable for any damage or loss to said goods, wares, merchandise or other property which may be sustained by reason of such removal or the place to which it may be removed. The KANSAS EXPOCENTRE is hereby expressly released from any and all claims for damage or whatever kind of nature. For such additional period

beyond the term of this permit, that any effects of PERMITTEE remain in or on said premises, County shall be entitled to charge the standard sum per day as the payment to be made for this type of event.

SECTION 8.0- DAMAGE OR DEFACEMENT OF BUILDING OR PREMISES

8.1 PERMITTEE shall not injure, mar or in any manner deface said building or premises and shall not cause nor permit anything to be done whereby said buildings or premises shall be in any manner injured or marred or defaced; nor shall he/she drive, nor permit to be driven nails, hooks, tacks, or screws in any part of said building; nor shall he/she make nor allow to be made any alteration of any kind therein. If said premises or any portion of said building or grounds during the term of this permit shall be damaged by the act, default or negligence of PERMITTEE or by the PERMITTEE'S agents, employees, patrons or any person or persons admitted to said premises by said PERMITTEE, PERMITTEE will pay to the County upon demand, such sum as shall be necessary to restore said premises to their original condition. It is PERMITTEE'S responsibility to inspect the KANSAS EXPOCENTRE at move-in and notify the General Manager in writing of all damage present at the time of inspection. Written notification must be presented to the General Manager no later than one (1) hour before move-in. Failure to provide written notification is construed to mean there is no damage to report.

SECTION 9.0- SIGNS AND POSTERS

9.1 PERMITTEE shall not do, or permit to be done upon said premises, anything that will tend to injure, mar or in any manner deface said premises, and will not drive or install, or permit to be driven or installed, any nails, hooks, tacks or screws, into any part of the KANSAS EXPOCENTRE and will not allow to be made any alterations of whatsoever kind to said building or any equipment or facilities thereof. PERMITTEE will use, post or exhibit only such signs, advertisements, show bills, lithographs, posters or cards as related to the performance of exhibition to be given the premises under this permit and which meet with the approval of the GENERAL MANAGER.

SECTION 10.0- ADDITIONAL PROVISION

10.1 PERMITTEE agrees that he/she not stage any act or performance in which fire or flame is involved without first having obtained the prior written permission of the Fire Chief or Fire Marshall. PERMITTEE further agrees that he/she will not use any decorative materials prohibited by City ordinances, County resolutions, State or Federal laws and building regulations, including but not limited to: crepe paper, cellophane, confetti, cotton, cornstalks, leaves, evergreen boughs, sheaves of grain, streamers, straw, paper, vines, moss or any similar flammable or combustible materials in or about the premises of the KANSAS EXPOCENTRE. All decorative materials must have the prior approval of the Fire Chief or Fire Marshall. PERMITTEE shall not, without written consent of the Fire Chief of Fire Marshall, put up or operate an engine or motor or machinery on the premises or use oils, burning fluids or gases, camphene, kerosene, naphtha or gasoline inside or on the grounds of the KANSAS EXPOCENTRE.

SECTION 11.0- NON-EXCLUSIVE RIGHT

11.1 The KANSAS EXPOCENTRE shall retain the right to use and/or license use of such portions of its facility, as may not be covered by this permit. The KANSAS EXPOCENTRE also retains the right to re-enter any part of the premises covered by this permit should such part become vacant and to determine that such unused portion may be offered for other use with receipts therefrom going to the KANSAS EXPOCENTRE with an appropriate adjustment on PERMITTEE'S rental rate.

SECTION 12.0- DEFAULT OF PERMITTEE

12.1 PERMITTEE further agrees that if any default is made in the payment or the rent or any part thereof at the times above specified, or if any default is made in the permit herein contained, this permit and the relationship of the parties, at the option of the KANSAS EXPOCENTRE, shall cease and terminate. The relationship of the parties, may at the option of the GENERAL MANAGER, cease and terminate. PERMITTEE shall be liable for the full amount of the rent provided herein, plus actual expenses incurred by the KANSAS EXPOCENTRE which normally would be considered reimbursement expenses in the final settlement. In case suit or action is instituted by the KANSAS EXPOCENTRE to enforce compliance with this permit, the KANSAS EXPOCENTRE shall be entitled, in addition to the costs and disbursements provided by statute, to such additional sums in lawful money of the United States as the court may adjudge reasonable for attorney's fees to be allowed in said suit or action.

SECTION 13.0- LOST ARTICLES

13.1 The KANSAS EXOCENTRE shall have the sole right to collect and have the custody of articles left in the building by persons attending any performance, exhibition or event given or held in the aforesaid premises. The PERMITTEE or any person in the PERMITTEE'S employ shall not collect or interfere with the collection or custody of such articles.

SECTION 14.0- RIGHT TO ENTER

14.1 The KANSAS EXPOCENTRE does not relinquish and does hereby retain the right to enforce all necessary laws, rules, resolutions and regulations for the management and operation of said premises. The KANSAS EXPOCENTRE retains the right to enter the aforesaid premises at any time and on any occasion without any restrictions whatsoever.

SECTION 15.0- SEATING CAPACITY AND FLOOR PLANS

15.1 PERMITTEE shall not admit to said premises so large a number of persons that they cannot safely and freely move about in said premises. The decision of the KANSAS EXPOCENTRE in this respect shall be final. It is further understood and agreed the PERMITTEE will permit no chairs or seats to be or remain in the passageways and/or fire lanes. The sidewalks, grounds, entry passages, vestibules, halls, elevators, abutting streets and all ways of access to public utilities of said premises shall not be obstructed by PERMITTEE or used for any purpose other than for ingress to and egress from the aforementioned premises. The sale of standing room is prohibited.

15.2 PERMITTEE, at the GENERAL MANAGER'S request, may be required to submit two (2) copies of a full and complete floor plan for an exhibit show no less than thirty (30) days before the first move-in day, and no move-in may begin without authorization of said floor plan by the KANSAS EXPOCENTRE.

SECTION 16.0- SPECIAL RESTRICTIONS

16.1 No stapling, nailing, gluing, etc. on walls. Taping and tacking on the walls are allowed within reason. PERMITTEE agrees that GENERAL MANAGER or their designee has final discretion and must approve all decorations that might be taped or tacked to the walls. Banners, if applicable, are to be hung at locations approved by the GENERAL MANAGER.

16.2 It is policy that no tools, equipment, and/or materials other than those specified in the contract be made available to the PERMITTEE. Rates for tools, equipment, materials and/or services not specified in the contract are available upon request. PERMITTEE agrees that only EXPOCENTRE staff only can use these tools on PERMITTEE'S behalf.

SECTION 17.0- INSURANCE

17.1 The KANSAS EXPOCENTRE requires PERMITTEE to procure and maintain in full force, a policy of public liability and property damage insurance, throughout move-in, event, and move-out. Said policy shall be procured from a reliable insurance company authorized to transact business in the State of Kansas, and subject to suit in Shawnee County, Kansas. A copy of said policy, or a certificate that a policy of insurance has been issued, shall be placed on file with the KANSAS EXOCENTRE no later than (INCLUDED IN CONTRACT.)

17.2 PERMITTEE agrees that the KANSAS EXPOCENTRE will acquire insurance utilizing the MASTER VENUE INSURANCE PROGRAM as administered by Near North Insurance Brokerage, Inc. should PERMITTEE fail to supply proper insurance as detailed on SCHEDULE A (insurance requirements) of this contract prior to thirty (30) days before the first use date listed under section 1.2 of this permit. PERMITTEE also agrees to pay the KANSAS EXPOCENTRE for this insurance at the standard rate billed by the KANSAS EXPOCENTRE for this insurance coverage at the time of the event.

17.3 PERMITTEE is to be named insured, and the Board of Commissioners of Shawnee County, Kansas; SMG, a Pennsylvania Joint Venture Partnership, its partners, agents and employees, and the Kansas Expocentre shall be named as additional insured in a policy for minimum premises, bodily injury, and liability in $1,000,000.00 per occurrence. Said policy shall also provide for a thirty (30) day notice to the GENERAL MANAGER'S office, prior to cancellation. ,

SECTION 18.0- PERSONNEL AND EQUIPMENT

18.1 The KANSAS EXPOCENTRE will furnish at its expense:

1. Heat and/or air conditioning as available at the aforesaid premises when required by the season and for the use of said premises for the purpose aforesaid, on event days only. Heat and/or air conditioning will be supplied on movein and move-out days only if a building rental fee has been paid by PERMITTEE.

2. Light and water for ordinary use for said premises when required in the opinion of the GENERAL MANAGER for the purpose aforesaid.

3. Tum over a clean building and furnish agreed set-up. PERMITTEE must supply a signed floor plan to the KANSAS EXPOCENTRE no later than 10 days prior to the first move-in day.

4. PERMITTEE shall have access to staff to provide custodial services throughout move-in, event and move-out hours of the event.

18.2 PERMITTEE hereby agrees that all personnel, such as public service directors, ushers, ticket takers, doorman, security personnel, sound technicians, stage managers, stage hands and electricians necessary to operate the premises for the event herein specified shall be provided by the KANSAS EXPOCENTRE but shall be paid for by PERMITTEE as an additional service by the KANSAS EXPOCENTRE. The minimum number of personnel necessary for this event shall be fixed by the GENERAL MANAGER.

SECTION 19.0- ADDENDUM 1

~ PERMITTEE agrees to reimburse the KANSAS EXPOCENTRE an amount equal to $21.00 per hour for any set-up changes, with a minimum charge of $42.00 for said charges.

~ Building access other than specified in this permit shall be at the discretion of the GENERAL MANAGER, or his designee. If such access is granted, a fee of $42.00 per hour shall be assessed to the PERMITTEE.

~ PERMITTEE must spell "KANSAS EXPOCENTRE" correctly when used in any advertising or marketing done in support of any event. Non-compliance with this regulation may result in PERMITTEE being charged for any correct reproduction of advertising or marketing materials.

~ Exhibit shows shall contract with an independent contractor to provide pipe and drape and booth accessories to be made available to vendors. The KANSAS EXPOCENTRE has a limited quantity of pipe and drClpe which may be made available for uses other than for exhibit booths at a rate of$2.50 per linear foot.

~ Commercial concessionaires hired to provide services at a public event shall be fully licensed and insured. PERMITTEE is required to submit copies of concessionaire's licenses to the KANSAS EXPOCENTRE fourteen (14) days in advance of the event date.

~ The consumption of alcoholic beverages shall take place only within the confines of the building. If the line of demarcation has been paid for the consumption of alcoholic beverages can take place within the confines of the line that operations has set. The sale of alcoholic beverages is possible only with a valid license. A copy of said license shall be furnished to the KANSAS EXPOCENTRE a minimum of 5 days prior to the event.

~ The KANSAS EXPOCENTRE is a non-smoking facility. The facilities include: Landon Arena, Exhibition Hall, Agricultural Hall, Heritage Hall, and the R.R. Domer Livestock Pavilion. No smoking whatsoever is allowed in the buildings. Designated smoking sections are stationed on the outside of the buildings. This policy will be enforced by KANSAS EXPOCENTRE staff and the show management.

SECTION 20.0- SIGNATURES

IN WITNESS WHEREOF, we the said parties herein set our hands and seal.

FOR THE PERMITTEE:

Accepted by: EmmaRupke Date Title:

If Corporation, must also be attested by Corporate Secretary

Corporate Secretary Date

FOR THE COUNTY:

FOR THE COUNTY:

Accepted by: Robert Archer, Chairman Shawnee County Commission Date

Accepted by: Cindy Beck, County Clerk Date

KANSASEXPOCENTRE

LES CROOKS FOR SHAWNEE COUNTY, KANSAS EXPOCENTRE Date AND SMG, AS THEIR AGENT, ACCEPTED IN HIS CAP A CITY AS GENERAL MANAGER FOR THE KANSAS EXPOCENTRE

Reviewed as to content

Date

Prepared by: BLB

Event Coordinator: Tori Fuglister Review: ----- Date: ____ _

Typed by: BLB February 8, 2017

SCHEDULE A

INSURANCE REQUIREMENTS

The following lists the insurance criteria for events at the Kansas Expocentre:

1. Insurance certificate must show name and address of the issuing insurance broker.

2. Insurance company must have an A.M. BEST rating of A or better.

3. Name insured on the certificate MUST be the same as the named contracting party on the contract with the Expocentre. The contracting party on the contract with the Expocentre MUST be the legal entity or person to which lies the ultimate responsibility for the event.

4. Event dates, move-in dates and move-out dates must fall within effective and expiration dates of the policy.

5. Coverage must be at least $1,000,000.00.

6. Certificate must show a description of the event and where it is being held.

7. Additional insureds MUST be listed as:

SMG KANSASEXPOCENTRE SHAWNEE COUNT BOARD OF COMMISSIONERS

8. 30 Days written cancellation notice must be shown.

9. Certificate holder MUSTbe the Kansas Expocentre.

10. Policy must be per occurrence. A "claims made" policy is not acceptable.

Shawnee County

Department of Public Works

c 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

MEMORANDUM

DATE: February 9, 2017

785-251-6101 FAX 785-251-4920

THOMAS C. VLACH, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

TO: Board of County Commissioners Consent Agenda

FROM: Michael M. Welch, P.E . .J#'~wCivil Engineer II

RE: Professional Engineering Services Contract SW 109th Street over Tributary to Wakarusa, AU-029 0.55 mi West of SW Valencia Road Project No. S-171008.00

Attached is a contract with Cook Flatt & Strobel Engineers, P A for Design and Construction Engineering Services for the referenced project. The contract is for a lump sum amount of $49,000. Funding for the project will be from the Special Bridge Fund.

We request your approval of the contract.

cc: Tom Vlach File S-171008.00

I

SHAWNEE COUNTY PUBLIC WORKS DEPARTMENT

STANDARD AGREEMENT FOR

ENGINEERING SERVICES

Contract No. C.53 ~/?Project No. S-171 008 oo

THIS AGREEMENT, is between the Board of County Commissioners, Shawnee County, Kansas (Owner) and

CFS Engineers (Engineer);

WITNESSETH:

WHEREAS, the Owner wishes to employ the Engineer to perform professional engineering services on Project No.

S-171008.00, SW 109th Street Culvert Replacement (AU-029) over Trib. to Wakarusa. These services include

providing engineering design services, geological investigation . services, bidding plans and documents, cost

estimates, right-of-way plans, utility coordination, and construction engineering services for the replacement of SW

109th Street Culvert (AU-029) over Trib. to Wakarusa (the Project); and,

WHEREAS, the Owner requires certain engineering services in connection with the Project (the Services);

and,

WHEREAS, the Engineer is prepared to provide the Services;

NOW THEREFORE, in consideration of the promises contained in this Agreement, the Owner and Engineer

agree to the following:

ARTICLE 1- EFFECTIVE DATE

The effective date of this Agreement shall be ---------

ARTICLE 2- GOVERNING LAW

This Agreement shall be governed by the laws of the State of Kansas and the codes of Shawnee County, Kansas

1 Rev. 0112015

·• Contract No.----Project No. S-171 008 00

ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER

Engineer shall perform the Services described in Attachment A, Scope of Services, in accordance with applicable

sections of the City of Topeka and Shawnee County Standard Technical Specifications and the Shawnee County

Design Criteria for Procedures, Streets, Storm Drainage, Sanitary Sewers and Bridges, latest editions.

ARTICLE 4- COMPENSATION

Owner shall pay Engineer in accordance with the Attachment B, Compensation.

ARTICLE 5- OWNER'S RESPONSffiiLITIES

Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities.

ARTICLE 6- SUPPLEMENTAL AGREEMENTS

The provisions set forth in Attachment D, Supplemental Agreements shall be incorporated into this Agreement !

ARTICLE 7- PROJECT SCHEDULE

The provisions set forth in the Attachment E, Project Schedule shall be incorporated into this Agreement.

ARTICLE 8- STANDARD OF CARE

Engineer shall exerci~e the same degree of care, skill, and diligence in the performance of Services as is ordinarily

possessed and exercised by a professional engineer under similar circumstances.

ARTICLE 9- INDEMNIFICATION AND INSURANCE

Engineer hereby agrees to indemnify and hold harmless Owner and any of its departments, divisions, agencies,

officers, and employees and elected officials from all loss, damage, cost, or expenses specifically including

attorneys' fees and other expenses of litigation incurred by or on behalf of the Owner and any or its officers,

employees or elected officials arising out of Engineer's negligent performance of Services under this Agreement.

Engineer specifically agrees that this duty to indemnify and hold harmless will apply to the following:

a. Claims, suits, or action of every kind and description when such suits or actions arise from the

alleged negligent acts, errors, or omissions of the Engineer, its employees, agents, or

subcontractors.

2 Rev. 01/2015

... Contract No.----Project No. S-171008 oo

b. Injury or damages received or sustained by any party because of the negligent acts, errors, or

omissions of the Engineer, its employees, agents, or subcontractors.

Engineer shall purchase and maintain during the life of this Agreement, insurance coverage which will

satisfactorily insure him against claims and liabilities which arise because of the execution of this Agreement.

The insurance coverages are as follows:

(1) Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and $2,000,000

in the general aggregate.

(2) Automobile Liability Insurance, with a limit of $1,000,000 for each accident, combined single limit for

bodily injury and property damage.

(3) Worker's Compensation Insurance and Employer's Liability Insurance, m accordance with statutory

requirements, with a limit of $500,000 for each accident.

( 4) Professional Liability Insurance, with a limit of $1,000,000 for each claim and aggregate.

Prior to issuance of the Notice to Proceed by Owner, Engineer shall have on file with Owner certificates of

insurance acceptable to Owner. Said certificates of insurance shall be filed with Owner in January of each year or

may be submitted with each agreement.

Engineer shall also maintain valuable papers insurance to assure the restoration of any plans, drawings, field notes

or other similar data relating to the work covered by this agreement, in the event of their loss or destruction, until

such time as the work has been delivered to the Owner.

Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is

terminated for any reason, the terms and conditions of this Article shall survive.

ARTICLE 10 -LIMITATIONS OF RESPONSIBILITY

Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or

safety precautions and programs in connection with the Project, (2) the failure of any contractor, subcontractor,

vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the

3 Rev. 01/2015

Contract No.----Project No. S-171 008 oo

Ovvner or to comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates,

and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in

Attachment A, Scope of Services.

ARTICLE 11 - OPINIONS OF COST AND SCHEDULE

Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the

resources provided by others to meet Project construction schedules, Engineer's opinion of probable construction

costs and of construction schedules shall be made on the basis of experience and qualifications as a professional

engineer. Engineer does not guarantee that proposals, bids, or actual Project construction costs will not vary from

Engineer's cost estimates or that actual construction schedules will not vary from Engineer's projected schedules.

ARTICLE 12 -REUSE OF DOCUMENTS

All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer

pursuant to the Agreement are instruments of service in respect to the Project. They are not intended or

represented to be suitable for reuse by Ovvner or others on extensions of the Project or on any other project. Any

reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at

Ovvner's sole risk and without liability or legal exposure to Engineer. Any verification or adaptation requested by

Ovvner shall entitle Engineer to compensation at rates to be agreed upon by Ovvner and Engineer.

ARTICLE 13 -OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY

Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as

part of the Services shall become the sole property of Ovvner, however, that both Ovvner and Engineer shall have

the unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data

bases, computer software, and other proprietary property protected under the copyright laws of the United States.

Rights to intellectual property developed, utilized, or modified in the performance of services shall remain the

property of Engineer. Ovvner shall have the unlimited right to the use of intellectual property developed, utilized,

or modified in the performance of the Services at no additional cost to the Ovvner.

4 Rev. 01/2015

ARTICLE 14- TERMINATION

Contract No.----Project No. S-171 008 00

This Agreement may be terminated by either party upon written notice in the event of substantial failure by the

other party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen

calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other

party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written

notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to

Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all Services

performed prior to the date of the termination notice. Upon restart, an adjustment acceptable to Owner and

Engineer shall be made to Engineer's compensation.

ARTICLE 15- DELAY IN PERFORMANCE

Neither Owner nor Engineer shall be considered in default of the Agreement for delays in performance caused by

circumstances beyond the reasonable control of the nonconforming party. For purposes of this Agreement, such

circumstances include abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, or other civil

disturbances; sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from any

local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by

either Owner or Engineer under this Agreement.

Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented from

performing, give written notice to the other party describing the circumstances preventing continued performance

and the efforts being made to resume performance of the Agreement

For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, which are caused by

circumstances which are within its control, such delays shall be documented on the Engineer's Project Performance

Evaluation form. Said form shall be completed at the conclusion of Project and acknowledged by both Owner and

Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant

selection for County projects.

In the event Engineer is delayed in the performance of Services because of delays caused by Owner, Engineer shall

have no claim against Owner for damages or contract adjustment other than an extension of time.

5 Rev. 01/2015

Contract No. ____ _

Project No. S-171008 00

ARTICLE 16- COMMUNICATIONS

· Any communication required by this Agreement shall be made in writing to the address specified below:

Engineer: Mr. Kenny Blair, P.E. CFS Engineers 2930 SW Woodside Drive Topeka, Kansas 66614

Owner: Board of County Commissioners Shawnee County Public Works Department 1515 NW Saline Topeka, KS 66618 (785) 251-6101

Nothing contained in the Article shall be construed to restrict the transmission of routine communications

between representatives of Engineer and Owner.

ARTICLE 17 - WAIVER

A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not

affect the waiving party's rights with respect to any other or further breach.

ARTICLE 18 - SEVERABILITY

The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event

rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of

any other portion or provision of this Agreement Any void provision shall be deemed severed from this Agreement,

and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the

particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any

stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The

provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the

essence of this Agreement be determined void.

ARTICLE 19 -INTEGRATION

This Agreement represents the entire and integrated agreement between Owner and Engineer. All prior and

contemporaneous communications, representations, and agreements by Engineer, whether oral or written, relating

6 Rev. 0112015


to the subject matter of this Agreement, as set forth in Attachment D, Supplemental Agreements are hereby

incorporated into and shall become a part of this Agreement

ARTICLE 20 - SUCCESSORS AND ASSIGNS

Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators,

assigns, and legal representatives to the other party of this Agreement and to the directors, officers, partners,

successors, executors, administrators, assigns, and legal representatives of such other party in respect to all

provisions of this Agreement.

ARTICLE 21 -ASSIGNMENT

Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written

consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will

release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall

prevent Engineer from employing independent consultants, associates, and subcontractors to assist in the

performance of the Services; however, other agreements to the contrary notwithstanding, in the event Engineer

employs independent consultants, associates, and subcontractors to assist in performance of the Services, Engineer

shall be solely responsible for the negligent performance of the independent consultants, associates, and

subcontractors so employed.

ARTICLE 22 - THIRD PARTY RIGHTS

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and

Engineer.

ARTICLE 23- RELATIONSHIP OF PARTIES

Nothing contained herein shall be construed to hold or to make the Owner a partner, joint venturer, or associate of

Engineer, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the

relationship between the parties hereto is and shall at all times remain contractual as provided by the terms and

conditions of this Agreement.

7 Rev. 0112015

Contract No.----Project No. S-171 008 DO

IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement.

ATTEST:

Shawnee County Clerk

Date

THE BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chair

8

Ap~roV•Jd ~<:3 to Legnlltj and F o nn: r.h to :la:.!.!!..:.!J ---,--~---· ~--- ~-· .t_~f:'"~·-··-IJ..:: ::. ,', .._. J. ~, u....; .1..:_.._,2;-;

Rev. 01/2015

900

Attachment To Shawnee County Contract C ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the day of , 20 17.

I. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the ·Comts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate t!J.is agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, tenninated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph nUlllber 5 are not applicable to a contractor who employs fewer than four employees or whose contract with tl1e County totals $5,000 or less during this fiscal year.

9

Contract No.----Project No. s 171008 00

6. ACCEPTANCE OF CONTRACT. This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Cmmnissioners of the County of Shawnee, Kansas.

7. ARBITRATION, DAMAGES, WARRANTIES. Notwithstanding any language to the contraly, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otl1erwise attempt to linJ.it implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTIIORITY TO CONTRACT. By signing this docUlllent, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this docUlllent on behalf of the contractor and tl1at the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall t!J.is contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort C · Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk any loss or damage to any personal property to which vendor or

title.

VE

' By:

diY-~-Title:

Date: tf~\)11 I

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

Rev. 01/2015

Owner: Engineer: Project Number & Name:

BASIC SERVICES

ATTACHMENT A TO

Contract No.----Project No. s 171008 oo

AGREEMENT FOR ENGINEERING SERVICES

Board of County Commissioners, Shawnee County, Kansas CFS Engineers S-171 008.00, SW 1 09th Street Culvert Replacement (AU-029) over Trib. to Wakarusa

SCOPE OF SERVICES

The project is specifically defmed below:

Shawnee County Project No. S-171008.00 Replacement of the existing SW 109th Street Culvert (AU-029) over Trib. to Wakarusa

The Engineer agrees to provide the following services.

BASIC SERVICES- DESIGN, RIGHT-OF-WAY, UTILITY COORDINATION (Basic Services for design, right-of-way, utility coordination shall be in accordance with KDOT Bridge Design Standards I Criteria and Shawnee County Design Criteria, latest editions.)

1. To review all data from existing plans connected to this Project, if any.

2. To make necessary field surveys for the vertical and horizontal alignment of the Project.

3. To plot the field survey information and establish horizontal and vertical control for the proposed improvement.

4. To obtain soundings for the substructure elements of the selected structure type if in the opinion of the engineer such geotechnical information is necessary for a complete and safe design.

5. To present at least three (3) structure type options with accompanying construction cost estimates for consideration and selection by Public Works.

6. To submit information from 1, 2, 3, 4 & 5 above to the County for review and meet with representatives of the County to discuss the project and select the type of structure option which best serves site conditions and available County budget constraints for design.

7. To prepare Preliminary Concepts and furnish one set of half size plans and construction cost estimate to County.

8. To prepare Field Check Plans and construction cost estimate to the County for review in compliance with preliminary concept recommendations. To conduct an on-site field check with representatives of the County.

9. To prepare Office Check Plans and construction cost estimate for the project incompliance with field check recommendations.

10 Rev. 0112015

10. To prepare and furnish right-of-way documents to include the following:

Contract No.----Project No. S 171008 oo

a) Prepare Legal Descriptions for each parcel of right-of-way to be acquired as permanent public right-ofway easement and temporary construction easement.

b) Prepare and furnish Permanent Public Right-of-Way Easement and Temporary Construction Easement documents for each parcel required using Shawnee County forms.

c) Contract with a Title Company to furnish Certificates of Title for each parcel ofland involved in the project from which easements will be acquired.

d) Prepare and Furnish Right-of-Way Plans (1 set for Appraiser, 1 set for Acquisition Agent and 1 set for each property owner). Plans will be color coded plan/profile sheets showing the following: Property Lines, Property Owners Name and Address, Tact Number, Area being taken as Permanent Public Rightof-Way Easement and Temporary Construction Easement (square footage or acres), stake right-of-way for Appraiser.

11. To furnish one set of plans to utilities and coordinate the relocation of each of the utilities on the project to insure all utility conflicts have been resolved prior to bid letting.

12. To prepare and submit applications for the required permits to Division of Water Resources and the United States Army Corps of Engineers.

13. To submit cone set of half size prints of the office check plans prepared under 9 above to the County for office check approval along with a construction cost estimate.

14. To prepare fmal plans in ink on mylar, except cross sections, in accordance with the recommendations fo the office check.

15. To furnish one set of half size sets offmal plans, project manual, bidding documents and construction cost estimate t the County for fmal approval.

16. To prepare and furnish to the County "As Constructed" drawings in accordance with the Shawnee County Design Criteria, latest edition.

17. To accept compensation for services described in 1 through 16, Basic Services- Design, Right-of-Way and Utility Coordination in the amounts and at such periods of time as hereinafter setforth in Attachment B.

BASIC SERVICES- CONSTRUCTION

18. To provide Construction Administration, Inspection, Testing and Construction Staking services on this Project on behalf of the County.

19. To accept compensation for services described in 18, Basic Services- Construction in the amounts and at such periods of time as hereinafter set forth in Attachment B.

SUPPLEMENTAL SERVICES

Any work requested by the Owner that is not included in the Basic Services will be classified as Supplemental Services. Supplemental Services shall include, but are not limited to the following.

1. Changes in the general scope, extent, or character of the project or its design, including but not limited to changes in size, complexity, Owner's schedule , character of construction or method of fmancing; and revising previously-accepted studied, reports, or design documents when such revisions are required by changes in laws, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies/reports/documents or designs or due to any other causes beyond the Engineer's control.

11 Rev. 0112015

Owner:

ATTACHMENT B TO


Contract No.------Project No. S 171008 00

Engineer: Board of County Commissioners, Shawnee County, Kansas CFS Engineers

Project Number & Name: S-171008.00, SW 109th Street Culvert Replacement (AU-029) over Trib. to Wakarusa

COMPENSATION

For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows:

A. SW 109th Street Culvert Replacement (AU-029) over Trib. to Wakarusa: For the Basic Services described in Attachment A, a lump sum fee of $26,000.00 for design services and a lump sum fee of $23,000.00 for construction services. (Total Fee is $49,000.00). Payments shall be made monthly in amounts which are consistent with the amount of engineering services provided, as determined by the Engineer.

B. Compensation for Supplemental Services shall be made as defined below, when authorized in writing by the Owner. The maximum limit for each item of additional service shall be established individually and specifically agreed to by the Owner as stated below, unless the service is included in a subsequent agreement.

Hourly rates for each classification as defmed by the Engineer's rate schedule. Hourly charge rates are subject to adjustment annually on January 1. Overtime, when authorized by the Owner, will be billed at 1.5 times the rates listed (non-engineer time only).

Reimbursable charges will be considered the amount of actual costs of expenses or charges, including such items as staking materials, equipment rental, equipment hourly charges, mileage, toll telephone calls, reproduction and similar project related expenses.

C. The entire amount of each statement shall be due and payable upon receipt by the Owner.

D. It is understood and agreed:

1. That the Engineer shall start the performance of Services within 10 days of receipt of a notice to proceed and shall complete the work in accordance with the contract times set forth in Attachment E, Project Schedule.

2. That the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses which records shall be available for inspection at all reasonable times.

12 Rev. 0112015


ATTACHMENT C TO


Contract No.----Project No. S 171008 00

Board of County Commissioners, Shawnee County, Kansas CFS Engineers S-171008.00, SW 109th Street Culvert Replacement (AU-029) over Trib. to Wakarusa

OWNER'S RESPONSffill..ITIES

The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items:

1. Make available to the Engineer all records, reports, maps, and other data pertinent to provision of the services required under this contract.

2. Examine all plans, specifications and other documents submitted by the Engineer and render decisions promptly to prevent delay to the Engineer.

3. Designate one Shawnee County employee as the Owner representative with respect to all services to be rendered under this agreement. This individual shall have the authority to transmit instructions, receive information and to interpret and defme the Owner's policies and decisions pertinent to the Engineer's sefVlces.

4. Issue notices to proceed to the Engineer for each phase of the design services.

13 Rev. 01/2015

J


ATTACHMENT D TO


Contract No.----Project No. S 171008 00


SUPPLEMENTAL AGREEMENTS

Owner and Engineer agree that the following communications, representations, and agreements by Engineer, whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall become a part of the Agreement as set forth in ARTICLE 19- INTEGRATION.

14 Rev. 01/2015


ATTACHMENTE TO


Contract No.----Project No. s 171008 00


PROJECT SCHEDULE

Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not be responsible for the time required by Owner's representative to review Engineer's submittal. When review is complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After final submittal date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer. Completed form shall be retained by Owner for a period offive years and reviewed-prior to consultant selection for County projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the interview process.

1. Schedule. Engineer will make plan submittals to Owner based on the following schedule:

a. Concept Drawings - Engineer will submit concept drawings within 60 calendar days after the Notice to Proceed by Owner.

b. Field Check - Engineer will submit field check drawings within 100 calendar days after the Notice to Proceed by Owner.

c. Right-of-Way Drawings and Documents- Engineer will submit right-of-way drawings and documents (Legal Descriptions, Certificates of Title, Right-of-Way Plans and Public Improvement Documents for acquiring Permanent Public Right-of-Way Easements, Temporary Construction Easements or any other required Easement Document) within 10 calendar days after the Notice to Resume Work is given by Owner following Field Check. '

d. Office Check - Engineer will submit office check drawings and specifications within 60 calendar days after the Notice to Resume Work is given by Owner following Field Check.

e. . Bid Documents- Engineer will submit bid documents within 30 calendar days after the Notice to Resume Work is given by Owner following Office Check.

15 Rev. 0112015

Shawnee County

Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

MEMORANDUM


785-251-6101 FAX 785-251-4920


COUNTY ENGINEER


FROM: Michael M. Welch, P.E. ')?Wd!'v---Civil Engineer II

RE: Professional Engineering Services Contract SE California Avenue over Tributary to Wakarusa, WI-034 0.47 mi North of SE 93rd Street Project No. S-121038.00




, I




Contract No. C;E'f-,J.Oj JProject No. S-121 038 oo



WITNESSETH:


S-121038.00, SE California Ave. Culvert Replacement (WI-034) over Trib. to Wakarusa. These services include

providing engineering design services, geological investigation services, bidding plans and documents, cost

estimates, right-of-way plans, utility coordination, and construction engineering services for the replacement of SE

California Ave. Culvert (WI-034) over Trib. to Wakarusa (the Project); and,


and,







This Agreement shall be governed by the laws of the State ofKansas and the codes of Shawnee County, Kansas

Rev. 01/2015

Contract No.----Project No. S-121038 00

ARTICLE 3- SERVICES TO BE PERFORMED BY ENGINEER









The provisions set forth in Attachment D, Supplemental Agreements shall be incorporated into this Agreement

ARTICLE 7- PROJECT SCHEDULE



Engineer shall exercise the same degree of care, skill, and diligence in the performance of Services as is ordinarily










subcontractors.

2 Rev. 0112015

t I











(3) Worker's Compensation Insurance and Employer's Liability Insurance, in accordance with statutory


(4) Professional Liability Insurance, with a limit of$1,000,000 for each claim and aggregate.









ARTICLE 10- LIMITATIONS OF RESPONSffiiLITY




3 Rev. 01/2015


Owner or to comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates,









ARTICLE 12 - REUSE OF DOCUMENTS



represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any


Owner's sole risk and without liability or legal exposure to Engineer. Any verification or adaptation requested by

Owner shall entitle Engineer to compensation at rates to be agreed upon by Owner and Engineer.



part of the Services shall become the sole property of Owner, however, that both Owner and Engineer shall have




property of Engineer. Owner shall have the unlimited right to the use of intellectual property developed, utilized,

or modified in the performance of the Services at no additional cost to the Owner.

4 Rev. 0112015

ARTICLE 14 -TERMINATION




















For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, whlch are caused by







5 Rev. 01/2015


Contract No.----Project No. S-121038 DO

Any communication required by this Agreement shall be made in writing to the address specified below:

Engineer: Mr. Kenny Blair, P .E. CFS Engineers 2930 SW Woodside Drive Topeka, Kansas 66614




ARTICLE 17- WAIVER












ARTICLE 19- INTEGRATION



6 Rev. 01/2015









ARTICLE 21 - ASSIGNMENT




prevent Engineer from employing independent consultants, associa~es, and subcontractors to assist in the







Engineer.

ARTICLE 23 -RELATIONSHIP OF PARTIES





7 Rev. 01/2015

Contract No. ____ _ Project No. S-121038 oo


ATTEST:


Date


Chair

8 Rev. 01/2015

900

Attachment To Shawnee County Contract C. ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the day of , 2017.

1. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is tenninated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The tennination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold hannless or indemnifY any contractor for any liability whatsoever.

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the adtnission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in evecy subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

9


6. ACCEPTANCE OF CONTRACT. This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.

7. ARBITRATION, DAMAGES, WARRANTIES. Notwithstanding any language to the contracy, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modifY, disclaim or otherwise·attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTIIORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is du1y authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible for, nor indemnifY a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Cl · ns Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk o any loss or damage to any personal property to which vendor or less old tie.

VE

By:

Title:

1131 J 17 Date: / /


Chair

Date:

ATTEST:


Rev. 0112015


BASIC SERVICES

ATTACHMENT A TO



Board of County Commissioners, Shawnee County, Kansas CFS Engineers S-121038.00, SE California Ave Culvert Replacement (WI-034) over Trib. to Wakarusa

SCOPE OF SERVICES


Shawnee County Project No. S-121038.00 Replacement of the existing SE California Ave. Culvert (WI-034) over Trib. to Wakarusa


BASIC SERVICES- DESIGN, RIGHT-OF-WAY, UTILITY COORDINATION (Basic Services for design, right-of-way, utility coordination shall be in accordance with KDOT Bridge Design Standards I Criteria and Shawnee County Design Criteria, latest editions.)






6. To submit information from 1, 2, 3, 4 & 5 above to the County for review and meet with representatives of the County to discuss the project and select the type of structure option which best serves site conditions and available County budget conStraints for design.



9. To prepare Office Check Plans and construction cost estimate for the project i,ncompliance with field check recommendations.

10 Rev. 0112015





c) Contract with a Title Company to furnish Certificates of Title for each parcel of land involved in the project from which easements will be acquired.





14. To prepare final plans in ink on mylar, except cross sections, in accordance with the recommendations fo the office check.

15. To furnish one set of half size sets offmal plans, project manual, bidding documents and construction cost estimate t the County for final approval.



BASIC SERVICES -CONSTRUCTION

18. To provide Construction Administration, Inspection, Testing and Construction Staking services on this Project on behalf of the County ..




1. Changes in the general scope, extent, or character of the project or its design, including but not limited to changes in size, complexity, Owner's schedule , character of construction or method of fmancing; and revising previously accepted studied, reports, or design documents when such revisions are required by changes in laws, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies/reports/documents or designs or due to any other causes beyond the Engineer's control.

11 Rev. 01/2015

Owner:

ATTACHMENTB TO




Project Number & Name: S-121038.00, SE California Ave. Culvert Replacement (WI-034) over Trib. to Wakarusa

COMPENSATION


A. SE California Ave. Culvert Replacement (WI-034) over Trib. to Wakarusa: For the Basic Services described in Attachment A, a lump sum fee of $25,000.00 for design services and a lump sum fee of $23,000.00 for construction services. (Total Fee is $48,000.00). Payments shall be made monthly in amounts which are consistent with the amount of engineering services provided, as determined by the Engineer.








12 Rev. 0112015


ATTACHMENT C TO



Board of County Commissioners, Shawnee County, Kansas CFS Engineers S-121038.00, SE California Ave. Culvert Replacement (WI-034) over Trib. to Wakarusa

OWNER'S RESPONSffill.,ITIES




3. Designate one Shawnee County employee as the Owner representative with respect to all services to be rendered under this agreement. This individual shall have the authority to transmit instructions, receive information and to interpret and define the Owner's policies and decisions pertinent to the Engineer's services.


13 Rev. 01/2015


ATTACHMENT D TO


Contract No.----Project No. S-121038 DO




14 Rev. 01/2015

'(,


ATTACHMENT E TO




PROJECT SCHEDULE

Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer fmancial loss if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not be responsible for the time required by Owner's representative to review Engineer's submittal. When review is complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After fmal submittal date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for County projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the interview process.




c. Right-of-Way Drawings and Documents- Engineer will submit right-of-way drawings and documents (Legal Descriptions, Certificates of Title, Right-of-Way Plans and Public Improvement Documents for acquiring Permanent Public Right-of-Way Easements, Temporary Construction Easements or any other required Easement Document) within 10 calendar days after the Notice to Resume Work is given by Owner following Field Check.


e. Bid Documents- Engineer will submit bid documents within 30 calendar days after the Notice to Resume Work is.given by Owner following Office Check.

15 Rev. 0112015

Shawnee County

Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

MEMORANDUM


785-251-6101 FAX 785-251-4920


COUNTY ENGINEER


FROM: Michael M. Welch, P.E.;7ft~tw-Civil Engineer II

RE: Professional Engineering Services Contract SE California Avenue over Tributary to Wakarusa, WI-032 0.2 mi South of SE 85th Street Project No. S-171007.00




i -·




Contract No. C.,S.5 -,0.0 l 1-Project No. S-171 007 oo



WITNESSETH:


S-171007.00, SE California Ave. Culvert Replacement (WI-032) over Trib. to Wakarusa. These services include


estimates, right-of-way plans, utility coordination, and construction engineering services for the replacement of SE

California Ave. Culvert (WI-032) over Trib. to Wakarusa (the Project); and,


and,








Rev. 01/2015


ARTICLE 3 -SERVICES TO BE PERFORMED BY ENGINEER




ARTICLE 4 - COMPENSATION






ARTICLE 7 - PROJECT SCHEDULE













subcontractors.

2 Rev. 0112015

·~ t












requirements, with a limit of$500,000 for each accident.










ARTICLE 10- LIMITATIONS OF RESPONSffiiLITY




3 Rev. 01/2015

Contract No. ____ _ Project No. S-171 007 DO

























4 Rev. 01/2015

' •

ARTICLE 14 -TERMINATION



























5 Rev. 01/2015




Engineer: Mr. Kenny Blair, P.E. CFS Engineers 2930 SW Woodside Drive Topeka, Kansas 66614




ARTICLE 17 -WAIVER















6 Rev. 01/2015

.,




















Engineer.






7 Rev. 01/2015



ATTEST:


Date


Chair

8

Approved as to LegJI:ty and Fonn: D:~te~

-- ••-~·m•''" ,. ...• "' - -•-'"' ,.,_,.J.-.::::.:=-~~~=~ '· '-' .. ). ~v'-' ... h~~._~~.--\

Rev. 0112015

900

Attaclunent To Shawnee County Contract C ___ _

CONTRACTUAL PROVISIONS A IT ACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the day of , 20 17.


2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in counection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-ll 01 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is tenninated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold hann!ess or indemnify any contractor for any liability whatsoever.

5. ANn-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrilnination (K. S .A. 44-100 I et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-llll et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discrilninate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-lll6; (d) to include those provisions in every subcontract or purchase order so. that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

9


6. ACCEPTANCE OF CONTRACT. This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Counnissioners of the County of Shawnee, Kansas.

7. ARBITRATION, DAMAGES, WARRANTIES. Notwithstanding any langnage to the contrary, no interpretation shall be allowed to fmd the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to funit implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.


10. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort !aims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the ris f any loss or damage to any personal property to which vendor or

title.

By:

Title:

Date: f f


Chair

Date:

ATTEST:


Rev. 0112015


BASIC SERVICES

ATTACHMENT A TO



Board of County Commissioners, Shawnee County, Kansas CFS Engineers S-171007.00, SE California Ave Culvert Replacement (WI-032) over Trib. to Wakarusa

SCOPE OF SERVICES


Shawnee County Project No. S-171007.00 Replacement of the existing SE California Ave. Culvert (WI-032) over Trib. to Wakarusa


BASIC SERVICES -DESIGN, RIGHT-OF-WAY, UTILITY COORDINATION (Basic Services for design, right-of-way, utility coordination shall be in accordance with KDOT Bridge Design Standards I Criteria and Shawnee County Design Criteria, latest editions.)






6. To submit information from 1, 2, 3, 4 & 5 above to the County for review and meet with representatives of the County to discuss the project and select the type of structure option which best serves site conditions and available County budget constraints for design.



9. To prepare Office Check Plans and construction cost estimate for the project incompliance with field check recommendations.

10 Rev. 01/2015

'\:





c) Contract with a Title Company to furnish Certificates of Title for each parcel ofland involved in the project from which easements will be acquired.





14. To prepare final plans in ink on mylar, except cross sections, in accordance with the recommendations fo the office check.

15. To furnish one set of half size sets offmal plans, project manual, bidding documents and construction cost estimate t the County for fmal approval.



BASIC SERVICES -CONSTRUCTION

18. To provide Construction Administration, Inspection, Testing and Construction Staking services on this Project on behalf of the County.





11 Rev. 01/2015

Owner:

ATTACHMENTB TO




Project Number & Name: S-171007.00, SE California Ave. Culvert Replacement (WI-032) over Trib. to Wakarusa

COMPENSATION


A. SE California Ave. Culvert Replacement (WI-032) over Trib. to Wakarusa: For the Basic Services described in Attachment A, a lump sum fee of $23,000.00 for design services and a lump sum fee of $22,000.00 for construction services. (Total Fee is $45,000.00). Payments shall be made monthly in amounts which are consistent with the amount of engineering services provided, as determined by the Engineer.

B. Compensation for Supplemental Services shall be made as defmed below, when authorized in writing by the Owner. The maximum limit for each item of additional service shall be established individually and specifically agreed to by the Owner as stated below, unless the service is included in a subsequent agreement.







12 Rev. 01/2015

1·


ATTACHMENT C TO




OWNER'S RESPONSffiiLITIES




3. Designate one Shawnee County employee as the Owner representative with respect to all services to be rendered under this agreement. This individual shall have the authority to transmit instructions, receive information and to interpret and defme the Owner's policies and decisions pertinent to the Engineer's services.


13 Rev. 01/2015

Owner: Engineer: Project Nwnber & Name:

ATTACHMENTD TO






14 Rev. 0112015


ATTACHMENTE TO




PROJECT SCHEDULE

Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not be responsible for the time required by Owner's representative to review Engineer's submittal. When review is complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After fmal submittal date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for County projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the interview process.




c. Right-of-Way Drawings and Documents- Engineer will submit right-of-way drawings and documents (Legal Descriptions, Certificates of Title, Right-of-Way Plans and Public Improvement Documents for acquiring Permanent Public Right-of-Way Easements, Temporary Construction Easements or any other required Easement Document) within 10 calendar days after the Notice to Resume Work is given by Owner following Field Check.


e. Bid Documents - Engineer will submit bid documents within 30 calendar days after the Notice to Resume Work is given by Owner following Office Check.

15 Rev. 01/2015

c Shawnee County d

Department of Public Works I 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

MEMORANDUM


785-251-6101 FAX 785-251-4920


COUNTY ENGINEER


FROM: Michael M. Welch, P.E. /~if!tc/ Civil Engineer II

RE: Professional Engineering Services Contract NW Button Road over Tributary of Half day Creek, S0-072 0.3 mi North ofNW 46th Street Project No. S-121040.00

Attached is a contract with Finney & Turnipseed Transportation & Civil Engineering, L.L.C. for Design and Construction Engineering Services for the referenced project. The contract is for a lump sum amount of$35,000. Funding for the project will be from the Special Bridge Fund.






Contract No. C5b -:101?Project No. S-121040.00


Finney & Turnipseed, Transportation and Civil Engineering, L.L.C. (Engineer);

WITNESSETH:


S-121040.00, NW Button Road Culvert over Tributary to Halfday Creek/S0-072. These services include


estimates, right-of-way plans, utility coordination, and construction engineering services for the replacement of

NW Button Road Culvert over Tributary to Halfday Creek/S0-072 (the Project); and,


and,




ARTICLE 1 -EFFECTIVE DATE




07/2016

Contract No. ____ _ Project No. S-121 040.00







ARTICLE 5- OWNER'S RESPONSIBILITIES









ARTICLE 9 - INDEMNIFICATION AND INSURANCE








subcontractors.

2 07/2016

Contract No.----Project No. S-121 040.00














insurance acceptable to Owner. Said certificates ofinsurance shall be filed with Owner in January of each year or







ARTICLE 10- LIMITATIONS OF RESPONSIBILITY




3 07/2016

Contract No. ____ _

Project No. S-121040.00

















ARTICLE 13- OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY



the umestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data





4 07/2016

Contract No. ____ _




other party to perform in accordance with the terms of this Agreement The nonperforming party shall have fifteen
























5 07/2016

Contract No. ____ _ Project No. S-121040.00



Engineer: Craig A. Mattox, PE, PLS Finney & Turnipseed Transportation & Civil Engineering, L.L.C. 610 SW lOth Street, Suite 200 Topeka, Kansas 66612-1674


Nothing contained in the Article shall be construed to restrict the transmission ofroutine communications


ARTICLE 17- WAIVER



ARTICLE 18- SEVERABILITY












6 07/2016

Contract No.----Project No. S-121040.00



















Engineer.






7 07/2016

Contract No. ____ _



ATTEST:


Date


Chair

Finney & Turnipseed Transportation & Civil Engineering, L.L.C. Engineer

8 07/2016

900


CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of 201_.


2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A, to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.


5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

9



7. ARBITRATION, DAMAGES, WARRANTIES. Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.


9. RESPONSIBILITY FoR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

VENDOR/CONTRACTOR:

By:

Principal Title:

Date: 6./J/n


Chair

Date:

ATTEST:

Cynthia A Beck, Shawnee County Clerk

07/2016

ATTACHMENT A TO



Owner: Board of County Commissioners, Shawnee County, Kansas Engineer: Project Number & Name:

Finney & Turnipseed Transportation & Civil Engineering, L.L.C. S-121040.00 NW Button Road over Tributary to Halfday Creek/S0-072

SCOPE OF SERVICES

BASIC SERVICES


Shawnee County Project No. S-121040.00 Replacement of the existing NW Button Road Culvert over Tributary to Halfday Creek/S0-072


BASIC SERVICES -DESIGN

1. To review all data from existing plans connected to this Project if any.


3. To plot the field survey information and establish horizontal and vertical control for the proposed improvement in English.

4. To prepare preliminary plans in English units.

5. To submit information from 1, 2, 3 & 4 above to the County for review and meet with representatives of the County to discuss the Project.

6. To prepare field check plans based on preliminary plans submitted to the County and to furnish the required set of plans and a construction cost estimate to the County.

7. To field check the Project with representatives of Shawnee County.

8. To prepare office check plans for the Project in compliance with the field check recommendations.

9. To prepare right of way descriptions and easement documents for the purpose of assisting the County in the acquisition of right of way. To furnish plan sheets required to assist in the acquisition of right of way.

10. To furnish one set of plans to the utilities and coordinate the relocation of each of the utilities on the project.

11. To submit applications for the required permit to Division of Water Resources (if needed) and the United States Army Corps of Engineers.

10 07/2016


12. To submit one set of prints of the office check plans prepared under 8 above to the County for office check approval along with a construction cost estimate.

13. To prepare fmal plans in accordance with the recommendations of the office check.

14. To prepare specifications and contract documents for the project suitable for advertising and letting the project.

15. To furnish one set offmal plans and one electronic file ofthe fmal plans to the County.

16. To furnish all plans, specifications and contract documents for bidding purposes to prospective bidders for the purpose of securing bids for the project.

17. To prepare the Engineer's Estimate for the Project.

18. To attend the opening ofbids.

19. To accept compensation for services described in 1 through 18 Basic Services -Design in the amounts and at such periods of time as hereinafter setforth in Attachment B.

BASIC SERVICES- CONSTRUCTION INSPECTION

20. To provide the Construction Inspection services on this Project on behalf of the County.

21. To accept compensation for services described in 20, Basic Services- Construction in the amounts and at such periods of time as hereinafter setforth in Attachment B.



1. Changes in the general scope, extent, or character of the project or its design, including but not limited to changes in size, complexity, Owner's schedule, character of construction or method offmancing; and revising previously accepted studied, reports, or design documents when such revisions are required by changes in laws, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies/reports/documents or designs or due to any other causes beyond the Engineer's control.

11 07/2016

Owner:

ATTACHMENT B TO



Engineer: Board of County Commissioners, Shawnee County, Kansas Finney & Turnipseed Transportation & Civil Engineering L.L.C.

Project Number & Name: S-121 040.00 NW Button Road over Tributary to Halfday Creek/S0-072

COMPENSATION


A. For the Basic Services - Design as described in Attachment A, a Lump Sum fee in the amount of Seventeen thousand dollars ($17,000.00). Payments shall be made monthly in amounts which are consistent with the amount of engineering services provided, as determined by the Engineer.

B. For the Basic Services - Construction Inspection described in Attachment A, a Lump Sum fee in the amount of Eighteen thousand dollars ($18,000.00). Payments shall be made monthly in amounts which are consistent with the amount of engineering services provided, as determined by the Engineer.

C. Compensation for Supplemental Services shall be made as defined below, when authorized in writing by the Owner. The maximum limit for each item of additional service shall be established individually and specifically agreed to by the Owner as stated below, unless the service is included in a subsequent agreement.


D. The entire amount of each statement shall be due and payable upon receipt by the Owner.

E. It is understood and agreed:



12 07/2016


ATTACHMENT C TO



Board of County Commissioners, Shawnee County, Kansas Finney & Turnipseed Transportation & Civil Engineering, L.L.C. S-121 040.00 NW Button Road over Tributary to Halfday Creek/S0-072

OWNER'S RESPONSIBILITIES






13 07/2016


ATTACHMENT D TO


Contract No. ____ _


Board of County Commissioners, Shawnee County, Kansas Finney & Turnipseed Transportation & Civil Engineering, L.L.C. S-121 040.00 NW Button Road over Tributary to Halfday Creek/S0-072


Owner and Engineer agree that the following communications, representations, and agreements by Engineer, whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall become a part ofthe Agreement as set forth in ARTICLE 19- INTEGRATION.

14 07/2016

Owner: Engineer: Project Nwnber & Name:

ATTACHMENT E TO



Board of County Commissioners, Shawnee County, Kansas Finney & Turnipseed Transportation & Civil Engineering, L.L.C. S-121040.00 NW Button Road over Tributary to Halfday Creek/S0-072

PROJECT SCHEDULE

Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer fmancial loss if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual submittal date shall be docwnented. If project is behind schedule, the reason shall be recorded. Engineer shall not be responsible for the time required by Owner's representative to review Engineer's submittal. When review is complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After fmal submittal date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for County projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the interview process.


a. Field Survey - Engineer will complete survey 15 calendar days after the Notice to Proceed is given by Owner.

b. Preliminary and Field Check Plans- Engineer will submit preliminary drawings 45 calendar days after the Notice to Proceed is given by Owner.

c. Right-of-Way Drawings and Docwnents- Engineer will submit right-of-way drawings and docwnents (Legal Descriptions, Certificates of Title and Public Improvement Docwnents for lands or easements to be acquired or obtained) within 15 calendar days after the Notice to Reswne Work is given by Owner following Field Check.

d. Utility plans to each affected utility within 10 calendar days after Notice to Resume Work is given.

e. Office Check - Engineer will submit office check drawings and specifications within 30 calendar days after the Notice to Reswne Work is given by Owner following Field Check.

f. Final Plans- Engineer will submit Final Plans within 20 calendar days after the Notice to Reswne Work is given by Owner following Office Check.

15 07/2016

Shawnee County (_3 Department of Public Works

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

MEMORANDUM


785-251-6101 FAX 785-251-4920


COUNTY ENGINEER


FROM: Michael M. Welch, P.E.~~ Civil Engineer II

RE: Professional Engineering Services Contract NW Dondee Lane over Break Neck Branch ofHalfday Creek, S0-098 0.4 mi South ofNW 43rd Street Project No. S-121041.00

Attached is a contract with Finney & Turnipseed Transportation & Civil Engineering, L.L.C. for Design and Construction Engineering Services for the referenced project. The contract is for a lump sum amount of$37,000. Funding for the project will be from the Special Bridge Fund.








Finney & Turnipseed, Transportation and Civil Engineering, L.L.C. (Engineer);

WITNESSETH:


S-121041.00, NW Dondee Lane over Break Neck Branch of Halfday Creek/S0-098. These services include


estimates, right-of-way plans, utility coordination, and construction engineering services for the replacement of

NW Dondee Lane Culvert over Break Neck Branch ofHalfday Creek/S0-098 (the Project); and,


and,








1 07/2016

Contract No. C.S '1- ao l] Project No. S-121041.00
























subcontractors.

2 07/2016























Engineer shall not be responsible for: ( 1) construction means, methods, techniques, sequences, procedures, or



3 07/2016

Contract No. ____ _











ARTICLE 12 - REUSE OF DOCUMENTS















4 07/2016




other party to perform in accordance with the terms of this Agreement The nonperforming party shall have fifteen







ARTICLE 15 -DELAY IN PERFORMANCE

















5 07/2016




Engineer: Craig A. Mattox, PE, PLS Finney & Turnipseed Transportation & Civil Engineering, L.L.C. 610 SW lOth Street, Suite 200 Topeka, Kansas 66612-1674




ARTICLE 17- WAIVER















6 07/2016




















Engineer.





conditions ofthis Agreement.

7 07/2016



ATTEST:


Date


Chair

Finney & Turnipseed Transportation & Civil Engineering, L.L.C. Engineer

By: ?a<~ -----~lr-~~~~~-----

8

Approved El':i to Legality and Form: D::1te L -I' -,..,

-·-·--~-----·! ~ ..... t. . ·, . . """'-~ A .... ..;..,,~....;. vu...; .• .;.~.-L...)\

07/2016

900


CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of 20 I

I. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A, to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.



5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

9



7. ARBITRATION. DAMAGES. WARRANTIES. Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.



10. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

VENDOR/CONTRACTOR: -·-fa~ By: {

Principal Title:

2,1310 '. Date:


Chair

Date:

ATTEST:


07/2016

ATTACHMENT A TO

Contract No. ____ _




BASIC SERVICES

Board of County Commissioners, Shawnee County, Kansas Finney & Turnipseed Transportation & Civil Engineering, L.L.C. S-121041.00 NW Dondee Lane over Break Neck Branch ofHa1fday Creek/S0-098

SCOPE OF SERVICES


Shawnee County Project No. S-121 041.00 Replacement of the existing NW Dondee Lane over Break Neck Branch ofHalfday Creek/S0-098


BASIC SERVICES- DESIGN

1. To review all data from existing plans connected to this Project if any.


3. To plot the field survey information and establish horizontal and vertical control for the proposed improvement in English.

4. To prepare preliminary plans in English units.

5. To submit information from 1, 2, 3 & 4 above to the County for review and meet with representatives of the County to discuss the Project.

6. To prepare field check plans based on preliminary plans submitted to the County and to furnish the required set of plans and a construction cost estimate to the County.

7. To field check the Project with representatives of Shawnee County.

8. To prepare office check plans for the Project in compliance with the field check recommendations.

9. To prepare right of way descriptions and easement documents for the purpose of assisting the County in the acquisition of right of way. To furnish plan sheets required to assist in the acquisition of right of way.

10. To furnish one set of plans to the utilities and coordinate the relocation of each of the utilities on the project.

11. To submit applications for the required permit to Division of Water Resources (if needed) and the United States Army Corps of Engineers.

10 07/2016


12. To submit one set of prints of the office check plans prepared under 8 above to the County for office check approval along with a construction cost estimate.

13. To prepare fmal plans in accordance with the recommendations of the office check.

14. To prepare specifications and contract documents for the project suitable for advertising and letting the project.

15. To furnish one set offmal plans and one electronic file of the final plans to the County.

16. To furnish all plans, specifications and contract documents for bidding purposes to prospective bidders for the purpose of securing bids for the project.

17. To prepare the Engineer's Estimate for the Project.

18. To attend the opening ofbids.

19. To accept compensation for services described in 1 through 18 Basic Services- Design in the amounts and at such periods of time as hereinafter setforth in Attachment B.

BASIC SERVICES- CONSTRUCTION INSPECTION

20. To provide the Construction Inspection services on this Project on behalf of the County.

21. To accept compensation for services described in 20, Basic Services -Construction in the amounts and at such periods of time as hereinafter setforth in Attachment B.




11 07/2016

Owner:

ATTACHMENT B TO



Board of County Commissioners, Shawnee County, Kansas Engineer: Finney & Turnipseed Transportation & Civil Engineering L.L.C.

S-121041.00 NW Dondee Lane over Break Neck Branch ofHalfday Creek/S0-098

Project Number & Name:

COMPENSATION


A. For the Basic Services- Design as described in Attachment A, a Lump Sum fee in the amount of Eighteen thousand dollars Five Hundred ($18,500.00). Payments shall be made monthly in amounts which are consistent with the amount of engineering services provided, as determined by the Engineer.

B. For the Basic Services - Construction Inspection described in Attachment A, a Lump Sum fee in the amount of Eighteen thousand dollars Five Hundred ($18,500.00). Payments shall be made monthly in amounts which are consistent with the amount of engineering services provided, as determined by the Engineer.

C. Compensation for Supplemental Services shall be made as defmed below, when authorized in writing by the Owner. The maximum limit for each item of additional service shall be established individually and specifically agreed to by the Owner as stated below, unless the service is included in a subsequent agreement.


D. The entire amount of each statement shall be due and payable upon receipt by the Owner.

E. It is understood and agreed:

1. That the Engineer shall start the performance of Services within 1 0 days of receipt of a notice to proceed and shall complete the work in accordance with the contract times set forth in Attachment E, Project Schedule.


12 07/2016


ATTACHMENT C TO



Board of County Commissioners, Shawnee County, Kansas Finney & Turnipseed Transportation & Civil Engineering, L.L.C. S-121041.00 NW Dondee Lane over Break Neck Branch ofHalfday Creek/S0-098

OWNER'S RESPONSffiiLITIES






13 07/2016


ATTACHMENT D TO


Contract No. ____ _





14 07/2016


ATTACHMENT E TO


Contract No. ____ _



PROJECT SCHEDULE

Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer fmancial loss if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not be responsible for the time required by Owner's representative to review Engineer's submittal. When review is complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After fmal submittal date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer. Completed fonn shall be retained by Owner for a period of five years and reviewed prior to consultant selection for County projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the interview process.


a. Field Survey - Engineer will complete survey 15 calendar days after the Notice to Proceed is given by Owner.

b. Preliminary and Field Check Plans - Engineer will submit preliminary drawings 45 calendar days after the Notice to Proceed is given by Owner.

c. Right-of-Way Drawings and Documents- Engineer will submit right-of-way drawings and documents (Legal Descriptions, Certificates of Title and Public Improvement Documents for lands or easements to be acquired or obtained) within 15 calendar days after the Notice to Resume Work is given by Owner following Field Check.

d. Utility plans to each affected utility within 10 calendar days after Notice to Resume Work is given.

e. Office Check - Engineer will submit office check drawings and specifications within 30 calendar days after the Notice to Resume Work is given by Owner following Field Check.

f. Final Plans- Engineer will submit Final Plans within 20 calendar days after the Notice to Resume Work is given by Owner following Office Check.

15 07/2016

Shawnee 1 ~ounty '-' , r t; P.3fKS+ '! recreation January 24, 2017

TO:

FROM:

Board of Commissioners Shawnee County

John E. Knight, Director~ Parks + Recreation J

RE: Independent Contractor Agreement for Services - CFS Engineers Asset Management - Planning

Purpose: Board of Commissioners consideration for approval of the attached contract with CFS Engineers for design and construction documents for the construction and installation of a prefabricated pedestrian foot bridge. Total cost of design services is estimated at $16,400. The majority of the cost for the services will be paid from the National Recreational Trails Grant that was received. There is a 20% match with this grant. Funding for that match is coming from the Parks + Recreation Building Maintenance Fund.

Justification: On November 28, 2016 the Board of Commissioners approved the Parks + Recreation Department to negotiate a contract with CFS Engineers for design services and construction documents for the construction and installation for a bridge that will go over a cove of Westlake Pond in Gage Park on the north section of the Gage Park fitness trail. This section of the trail is being developed through a National Recreational Trails Grant obtained from the Kansas Department of Wildlife, Parks and Tourism.

A contract for services, as outlined in RFQ 064-16, has been negotiated and is included as an attachment.

JEK/lrk TB Attachment( s)

parks.snco.us

' ' ·f'· , · :·.· ''·; , , • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600




ContractNo.CS(-RD/ 7 Project No . .JO.ll61.!14;.:.-lu6.~.-. __

THIS AGREEMENT, is between the Board of County Commissioners, Shawnee County, Kansas (Ownet·) and


WITNESSETH:

WHEREAS, the Owner wishes to employ the Engineer to perform professional engineering services on Project

No. 064-16, Westlake Bridge along the Gage Park Fitness Trail. These services include providing surveying,

engineering design services, cost estimates, and limited construction administration for the construction of the

Westlake Bridge along the Gage Park Fitness Trail; and,


and,





The effective date of this Agreement shall be--------



Rev. 01/2015

Contract No.-----Project No . ..LOw6=t:4-:..LI.u.6 __ _

ARTICLE 3 ·SERVICES TO BE PERFORMED BY ENGINEER


sections of the City ofTopeka and Shawnee County Standard Technical Specifications and the Shawnee County

Design Criteria for P1·ocedures, Streets, Storm Drainage, Sanitary Sewers and Bridges, latest editions.

ARTICLE 4 ·COMPENSATION




ARTICLE 6 ·SUPPLEMENTAL AGREEMENTS


ARTICLE 7 ·PROJECT SCHEDULE



Engineer shall exercise the same degree of care, skill, and diligence in the pe1formance of Services as is ordinarily


ARTICLE 9 • INDEMNIFICATION AND INSURANCE



attorneys' fees and other expenses of litigation incurred by o1· on behalf of the Owne1· and any or its officers,

employees or elected officials arising out of Engineer's negligent performattce of Services under this Agreement.


a. Claims, suits, or action of eve1y kind and description when such suits or actions arise from the


subconta·actors.

2 Rev. 01/2015

Contract No.----Project No. 064-16

b. InjUJy ot· damages received or sustained by any party because of the negligent acts, errot·s, ot·


Engineer shall purchase and maintain during the life ofthis Agreement, insurance coverage which will


The insmance coverages are as follows:

(1) Commercial General Liability Insurance, with a limit of$1,000,000 for each occurrence and $2,000,000

in the general aggt·egate.




requirements, with a limit of$500,000 for each accident.


Prior to issuance of the Notice to Proceed by Ownet·, Engineer shall have on file with Owner certificates of

insurance acceptable to Owner. Said certificates of insurance shall be filed with Owner in Januaty of each year or






terminated for any reason, the terms and conditions of this Atticle shall sutvive.


Engineer shall not be re~ponsible for: (I) construction means, methods, techniques, sequences, procedures, or

safety precautions and programs in connection with the Project, (2) the failure of any contractor, subcontractm·,

vendor, ot· other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the

3 Rev. 0112015

Contract No.----Project No . .JO..u61.!'4~o::.-JJ16:l---

Owner or to comply with federal, state m· local laws, regulations, and codes; or (3) procuring permits, certificates,



ARTICLE ll -OPINIONS OF COST AND SCHEDULE

Since Engineer has no control over the cost of labor, materials, or equipment fumished by others, or over the

t·esources provided by others to meet Project construction schedules, Engineet's opinion of probable construction


engineer. Engineer does not guarantee that proposals, bids; or actual Project construction costs will not vary fi·om

Engineer's cost estimates or that actual constt·uction schedules will not vary fi·om Engineer's projected schedules.

ARTICLE 12- REUSE OF DOCUMENTS

All documents, including, but not limited to, drawings, specifications, and computer software prepared by

Engineer pursuant to the Agreement are instruments of service in respect to the Project. They are not intended or




Owner shall entitle Engineet· to compensation at rates to be agreed upon by Owner and Engineer.


Except as otherwise provided herein, engineel'ing documents, drawings, and specifications prepared by Engineer

as pati of the Services shall become the sole property of Owner, however, that both Owner and Engineer shall

have the unrestricted right to their use. Engineer shall retain its rights in its standard drawing details,

specifications, data bases, computer softwat·e, and other proprietaty property protected under the copyright laws of

the United States. Rights to intellectual property developed, utilized, or modified in the petformance of services

shall remain the property of Engineer. Owner shall have the unlimited right to the use of intellectual property

developed, utilized, or modified in the performance of the Services at no additional cost to the Owner.

4 Rev. 01/2015

Contract No. ____ _ Project No . .J0J.!61.!14'=:.-lu6~.--__



other patty to perform in accordance with the terms of this Agreement. The nonpetforming pa1ty shall have fifteen

calendar days fi-om the date of the termination notice to cure or to submit a plan for cure acceptable to the othet·

party. Owner may terminate or suspend perfom1ance of this Agreement for Owner's convenience upon written

notice to Engineer. Engineer shall terminate or suspend petformance of the Services on a schedule acceptable to

Owner. If termination or suspension is for Owner's convenience, Owner shall pay Enginee1' for all Services




Neither Owner nm· Engineer shall be considered in default ofthe Agreement for delays in performance caused by


circumstances include abnormal weathe1· conditions; floods; earthquakes; fire; epidemics; war, riots, or other civil


local, state, or federal agency for any of the supplies, materials, accesses, or services required to be pmvided by


Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented

from performing, give written notice to the other party describing the circumstances preventing continued

performance and the efforts being made to resume performance of the Agreement

For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, which at·e caused by

circumstances which are within its control, such delays shall be documented on the Engineer's Project

Performance Evaluation form. Said form shall be completed at the conclusion of Project and acknowledged by

both Owner and Engineer. Completed form shall be retained by Owner for a period of five years and reviewed

pl"ior to consultant selection for County projects.

In the event Engineer is delayed in the performance of Services because of delays caused by Owner, Engineer

shall have no claim against Owner for damages or contract adjustment other than an extension oftime.

5 Rev. 0112015


Contract No.----Project No. 064-16


Engineer: Mr. Dan Holloway, P.E. CFS Engineers 2930 SW Woodside Drive Topeka, Kansas 66614


Nothing contained in the At1icle shall be construed to restrict the transmission of routine communications


ARTICLE 17- WAIVER

A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall

not affect the waiving party's rights with respect to any other or further breach.

ARTICLE 18- SEVERABILITY



any other portion or provision of this Agreement Any void provision shall be deemed severed from this

Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not

contain the particular potiion or provision held to be void. The parties fUtther agree to amend this Agreement to

replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken

provision. The provisions of this Atiicle shall not prevent this entire Agreement from being void should a

provision which is of the essence of this Agreement be determined void.



contemporaneous communications, representations, and agt·eements by Engineer, whether oral or written, relating

6 Rev. 01/2015

Contract No.----Project No . ..JO.u6l!l4!::.-.u16J...---

to the subject matter of this Agt·eement, as set forth in Attachment D, Supplemental Agreements are hereby


ARTICLE 20 -SUCCESSORS AND ASSIGNS






Neither Owner nor Engineer shall assign any rights or duties undet· this Agreement without the prior written


release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Atticle

shall prevent Engineer from employing independent consultants, associates, and subcontractors to assist in the

perfmmance of the Services; however, other agreements to the contrary notwithstanding, in the event Engineer

employs independent consultants, associates, and subcontractors to assist in petformance of the Services, Engineer



ARTICLE 22 -THIRD PARTY RIGHTS


Engineer.



Engineet·, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the

relationship between the parties hereto is and shall at all times remain contractual as provided by the tetms and


7 Rev. 01/2015

Contract No, ___ _ Project No . ..LO!ll64r:t::·..ul 6J......,--

:rN WITNESS WHERE!OF, Owner and Engineer have e~~C\IIed this ~ree~ent.

Shawnee Count>' Clerk

Date

T~ BOARD OF COffi\ffY .CO,MMISSIONERS SHAWNEE COffi\ITY, KAN$!'\.S

Cluiir

8

Approved as to Le~ality . and Form: Date /- \..o-l

1

. ~ 11 - ' Rev. ol/lols

Rev. 0912013 ATTACIIliJENT To

SUAWNilll COUNTY CONTRACT C. __ _

CONTRACTUAL PROYISIONS ATTACHMENT The undei'Sij!lied parties iigre.c tho( tlte folf.owing provisions an: )tcn:by incpwonite~ Into. the .contract to which it i~ atta~be~ an·d made n pnrt thereof, snid cpntmct being dated the ___ day of ---~-----' 20_.

I. .TiiRMS HEREIN CONTROLLING PROVISIONS. It is expre~sly agre.ed tl)~t ll)c l~s of each 1\D.d eve!Y provision i11 ll1is ptbicbmen~ shall prevoil nod controi oy~r the terms of any olhcr con.lliQting provision in nliy other document relating !o nod .n part of ihc cionlrilct in which this nttnchment is incoljlomted. ·

2, AGRBEMI!N'f WITH KANSAS [;MV. ft Is ngreed by nnd be!'veen the unde!ligned Utn! all. disputes lll!d ll)D!Iers wltnlsoQver arising under, in conneclion wlUt or incident to this contract shall be litigated, if atoll, in and before a Court ·locdted in lhe State of KDiisos, U.S.A., to the exclusion ¢f Ute CourtS of nny other stnteil or couni!Y. AU contrachilil ogrei:mcnts ~hall bo subject to, governed by, and construed according to ~c lawa or the Slate: ofKrut3DS.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIAIION. Shawnee Counly is subject to thil Kansas Cash Bitsis Lmv,:K.S.A, JO.JJO.i 1!1 sl!q. u: In ilieJudgmerit:Qfthe Financinl Admlnislintor, Audii-Finance Office, ~uflicient funds arc not nppropqat~d tO COJ!tinue the function performed in Ibis ugi-eement and for the payment of the ch~~rges Jiereuniler, County may letmloate this agreement nt the i:tid of Its current fiscal year. Courity agrees ·to sivc 1vritten tiollce of termination to contmctor alleolltlbiily (30) days prior to. ·the end of its cuJ:rCrit fiscal year. In lite e.vent this 0greemeut Is temiinated pursuant to tliis pnrngreplt, Couniy will pay to l!te conirnctor all regUlar coniqtctual paymenll; incurred through tlic end of such fiscal year. ntc termiuniion of U1e contruct pursuant to this plinigmph shall bot cause nny'pcnalty to be charged to the Couuly or the i:onl.iitc!or.

4. PISctAJMilR OF LrAmttrv. Neillter the County 9f Shawnee nor any departt.nent the~f almll hold harmless or indemnitY any conlructor for nny liobilily wltnisoever.

5. Arm·D!SCRlM)NATIOH CLAUS&. The contru.ctor RifCCS: (a) to comply with tlie l<tinsas ACt Against Discrimination (K.S.A. 44-1001 ei seq.) 11nd li\e J(aosns Age Disc$iinailon in Empl6yl)tent Act, (t~.S.A. 44-11 I i et s~q.) Ulld !he applicabl~ provisions of the Am~dcans \VI!h Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] nod lo not di~crimirilile agnilist liny jic!rson because of n\ce, religion, color, sex, disabilit)r, rinti6iml origin or ancestty, or nge in !lie ndinissloil of access tq or lieabne~l ~r employment lil, lis pfograms oi activities; (b) to include in all S<!llcitatlons or advertisements for employees, the phrnse "eq1rnl Qpportunity employer''; (c} to comply wiU1 the r~poliins requirements set out in K.S.A. 44-1031 and· K.S.A. 44-1116; (I!) to include tl11ise provisions in every subcontract or purchase order so ihnt they ilre binding upon such slibcQntiactor l)r vcliclor; (c) ihat ii f~ilure .to comply with the reporting requiremenrS of(c) above or ifihe contaictor Is foWid guilty of any viol~iion of such acts by lh!l Kansas Human Rigl\ts Commission, sucb violation .sh!lll constitute a brench ofconlmct; (f) if the coiitmcilng agency determines that the contractor bas violalcd applicnble jlrovlsiolis ·ot ADA, Utal violation .shall constifulc n brericb of COiitract; (g) if (c) Ot (f) OCCUrs, lhe COQ!ri)Ot may be cancelled, timninnl¢ or ~uspencled in wbo.l~ or in port. by llle CountY· · Prutles to this conlroci undcrsllind thnt subsections (b) tltrQu&h (c) of this pam~ph number S nte not itpplicabic to a contrliolor who employs fewer than four ell!ployees or wliosc contract wiUt the County totals $5,000 ot less during Ibis lisen I year.

6. ACCEPTANCE OF CONTRACT. 'Ibis contract shall not be .c'?nsidered accepted, rip!i.roved Qr iJthcrviise effective uliiU the required ·nppiovals a11d certifi~tions bilve been gjven piid ih!s is sigt~ed ~y t11e Board of Comity·coinm!ssioucrs ofJbc C91mty QfSholweo, Knnsns.

1. ARntTRATJON, DAMAGI!S. \VAIIRANJ'II!S. Nritwithsllinding !lilY IUllgua~e to lhe contniry, no lnterp'tetation shall bli lil!owed lo f1nd tho County hu 0gri:ed to bln~lng !ii'bltmticin, Qr the pnynicnt of damages or P.~~nlil~s ujJon the lt~currenc~ of n contingency. Further, lite {~ounty liltall not agree to pny ntiomey fees ond late. payment charges; .nnd no provisions wi!l be. given ~fleet 1vblch nttcinpts to exclude, modil}t, disclaim or otherviise attempt to linilt in1plied wnminlies of liierchnnlnbility and fi!Dess fora parti~uhir purjJooe. ·

s. REPRESENJAT!VE'S AilTIIOR!TV To coNTRACT. By signing this document, lqti represenlailve Qf tit~ ·cotltruclor thereby represents tltol such pen;oll is duly nutlt0rii:cd by thli contractor to execu\c· ihis docimlent oil behalf cif the contractor inid that the contractor agrees io be bound by Ute provisioils theieof,

9. Rm<iNs!D!IJTY FOR TAXES. 1ltc County shall not be responsible for, nor indcniilil}t n c'onirnctor fur, imy fedeiril, state or locnltnxcs which may be imposed or levied upon the subject mlitteroflhls contract.

10. INSURANCE. The ·co!IDI:Y sbnll not be req11ired to Pllrcihnse, any insumnce against los~ or drunngc to nny pclSonnl propc~ to whlcb tltis contract rehites, ·nor shall this contract require tbc CoWity to estnblish n "seJf.fnsuronce" ittnd to protect ngninsl oity such loss or doiillige. Subject to the provisions of the Kansas Tort Claims Act (!piA 15· 6101 el ieq.), t11~ vendor or lessor shall bei!r !he risk of any lo~s or damage any per.;ooal rope to wit· vendor or [ess.or holds title.

Date:

BOAliD OF COUNTY COMMlSSIONERS SHAWNEE COUNTY, KANSAs

Robert E. Areher, Cbnir

Dnte:

ATT!i:ST:

Cynlhin A. Beck, Shilwriee Cowtty Cletk


BASIC SERVICES

ATTACHMENT A TO

Contract No, ____ _ Pmject No . .1JOlll6!:t4-:.Jlw6,_ __


Board of County Commissioners, Shawnee County, Kansas CPS Engineers 064-16, Westlake Bridge along Gage Park Fitness Trail

SCOPE OF SERVICES

The project is specifically defined below:

Shawnee County Project No. 064-16, survey and design of the Westlake Bridge along Gage Park Fitness Trail


BASIC SERVICES SURVEY. DESIGN. GEOTECHNICAL. AND UTILITY COORDINATION (Basic Services for survey, design, and utility coordination shall be in accordance with KDOT Bridge Design Standards/Criteria, Shawnee County Design Criteria, and City of Topeka Standard Technical Specifications, latest editions.)

I. To make necessary field surveys for the vertical and horizontal alignment of the Project.

2. To plot the field survey information and establish horizontal and ve1tical control for the proposed improvement.

3. To prepare Concepts plans and furnish one set of half size plans and construction cost estimate to County. Concept alignments will show proposed alignment(s) with accompanying construction cost estimates for consideration and selection by Parks and Recreation.

4. To submit information from the above I, 2, & 3 to the County for review and meet with representatives of the County to discuss the project and select alignment, and type of stl·ucture which best serves site conditions and available County budget constraints for design.

5. To prepare Field Check Plans and construction cost estimate to the County for review in compliance with preliminary concept recommendations. To conduct an on-site field check with representatives ofthe County.

6. To prepare Office Check Plans and construction cost estimate for the project incompliance with field check recommendations, and submit one set of half size prints to the County for office check approval.

7. To prepa1·e and submit applications for the required permits to the United States Army Corps of Engineers {COE). To prepare and submit applications to the Kansas Department of Health and Environment (KDHE) for notice of intent if construction disturbs more than one (I) acre.

8. To furnish one set of half size sets of final plans, pmject manual, bidding documents and constl'Uction cost estimate to the County for final approval.

10 Rev. 01/2015

Contract No.----Project No . .llO.u64~-::JI.J.J6'----

9. To accept compensation for services described above, Basic Services- Survey, Design, and Utility Coordination in the amounts and at such periods oftime as hereinafter set forth in Attachment B.

BASIC SERVICES- CONSTRUCTION ADMINISTRATION (INCLUDING ADVERTISING/LETTING OF PROJECT)

10. To provide review of submittal for prefabricated bridge.


12. To provide construction observation of bridge abutments- 2 days total. Additional days over the 2 days will be considered a supplemental service.

13. To accept compensation for services described in Basic Services- Construction Administration in the amounts and at such periods oftime as hereinafter set fm1h in Attachment B.

14. Not included in Construction Administration Set·vices at this time, but can be added by the Owner upon request as a supplemental services: On-site construction observation exceeding 2 days, pay request review, staking, preconstruction conference, and progress meeting attendance/administration.



I. Changes in the general scope, extent, or character of the project or its design, including but not limited to changes in size, complexity, Owner's schedule , character of construction or method of financing; and revising previously accepted studied, reports, or design documents when such revisions are required by changes in Jaws, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies/reports/documents or designs or due to any other causes beyond the Engineer's control.

II Rev. 01/2015

Owner:

ATTACHMENT B TO


Contract No.-----Project No . .u0u64!±-:.11.1J6 __ _


Project Number & Name: 064-16, Westlake Bridge along Gage Park Fitness Trail

COMPENSATION

For the services covet·ed by this Agreement, the Owner agrees to pay the Engineer as follows:

A. For the Basic Services - survey, design, geotechnical, and utility coordination described in Attachment A, a total lump sum fee of $13.900.00. For the Basic Services - Construction Administration described in Attachment A, a total lump sum fee of$2.500.00. These fees result in a total lump sum fee of$16.400.00 for all basic services as described in Attachment A. Payments shall be made monthly in amounts which

. are consistent with the amount of engineering services provided, as determined by the Engineer.


Hourly rates for each classification as defined by the Engineet•s rate schedule. Hourly charge rates are subject to adjustment annually on January I. Overtime, when authorized by the Owner, will be billed at 1.5 times the rates listed (non-engineer time only).




I. That the Engineer shall statt the petformance of Services within 10 days of receipt of a notice to proceed and shall complete the work in accordance with the contract times set forth in Attachment E, Project Schedule.


12 Rev. 01/2015

Owner: Engineer: Project Number & Name: ·

ATTACHMENT C TO


Contract No.----Project No. JJOw64:~:::-.ul 61l,_ __

Board of County Commissioners, Shawnee County, Kansas CPS Engineers 064-16, Westlake Bridge along Gage Park Fitness Trail

OWNER'S RESPONSIBILITIES


I. Make available to the Engineer all records, repmts, maps, and other data pertinent to provision of the services required under this contract.

2. Examine all plans, specifications and ·other documents submitted by the Engineer and render decisions pl'Omptly to prevent delay to the Engineer.

3. Designate one Shawnee County employee as the Owner representative with respect to all se1vices to be rendered under this agreement. This individual shall have the authority to transmit instructions, receive information and to interpret and define the Owner's policies and decisions pertinent to the Engineer's services.


13 Rev. 01/2015


ATTACHMENTD TO


Contract No.----Project No. JJ0cn64!!.:-:J.I 611..---

Board of County Commissioners, Shawnee County, Kansas CFS Engineers 064-16, Westlake Bridge along Gage Park Fitness Trail


Owner and Engineer agree that the following communications, representations, and ag1·eements by Enginee1·, whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall become a pa1t of the Agreement as setf011h in ARTICLE 19- INTEGRATION.

14 Rev. Ol/2015


ATTACHMENT E TO


Contract No.----Project No . .uO!ll6!:t4-:.~11JJ6'----

Board of County Commissioners, Shawnee County, Kansas CFS Engineers 064-16, Westlake Bridge along Gage Park Fitness Trail

PROJECT SCHEDULE

Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineet' has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not be responsible for the time required by Owner's representative to review Engineer's submittal. When review is complete, Owner shall, in writing, authm·ize Engineer to proceed to the next submittal date. After final submittal date, Engineer and Owner shall meet to evaluate Engineer's petformance with regard to design schedule. An Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer. Completed f01m shall be retained by Owner for a period of five years and reviewed prior to consultant selection for County projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the interview process.

I. Schedule. Engineer will make plan submittals to Owner based on the following schedule:

a. Coordination Meeting - Engineer will schedule coordination meeting within l.Q calendar days after the Notice to Proceed by Owner.

b. Survey - Engineer will begin survey within 2. calendar days after coordination meeting.

c. Concept Drawings - Engineer will submit concept drawings within 30 calendar days after coordination meeting.

d. Field Check - Engineer will submit field check drawings within 10 calendar days after County review and selection of alignment based on concept plans.

e. Office Check - Engineer will submit office check drawings and specifications within 20 calenda1· days after the Notice to Resume Work is given by Owner following Field Check.

f. Final Plans - Engineer will submit office check drawings and specifications within lQ. calendar days after the Notice to Resume Work is given by Owner following Office Check.

g. Bid Documents - Engineer will submit bid documents within .!2. calendar days after the Notice to Resume Work is given by Owner following Final Plans.

15 Rev. 01/2015

Westlake Bridge

along Gage Park Fitness Trail

Survey $ 4,800.00 Geotechnical Services (use Construction test pile) $0.00 Design

Prefab bridge & abutment $ 6,100.00 Trail design & alignment $ 2,600.00

Utility Coordination $0.00 Permit applications $ 400.00

Total Design $ 13,900.00

Construction Administration Services Bidding $0.00

Preconstruction conference $0.00 Submittal review (Bridge) $ 800.00

Staking $0.00 Limited Const. Observation (abutments)(2 days) $ 1,300.00

As-constructed plans $ 400.00

Total Construction Administration $ 2,500.00

Grand Total $16,400.00

Construction Observations

Hours Rate Total Eng/Manger 0 $35.00 $0.00

Sr. Canst. Tech 8 $32.50 $260.00 Canst. Tech 0 $22.00 $0.00

Clerical $16.50 $0.00 $260.00

OH 158.22% $411.37

Total $671.37 Net Fee $77.21

Per Diem $0.00 11.50% 20 $0.575 $11.50

Postage & Telephone Total $11.50

Grand Total $760.08

Days needed 2 $1,520.16


TO: Board of County Commissioners

FROM: Bill Kroll, Facilities Maintenance Director

~ Shawnee County j

Facilities Maintenance 200 SE 7th Street

Topeka, KS 66603 (785) 291-4490

SUBJECT: Request for approval to accept and execute contract with Minnesota Elevator Incorporated (MEl) for elevator maintenance at all Shawnee County locations per RFP quotation number 005-17.

Proposal associated with this contract results in savings of $859 per month over next lowest bidder. (See attached bid tabulation sheet)

Respectfully,

Bill Kroll Facilities Maintenance Director

TABULATION OF BIDS 1io"bi!l.i "'5 •'"}~ 1" "1 r• · "li' f'l·(' l:..!in,'@L" .LlL.-' rf7i..t:.:~lt}"J

DEPARTMENT Facilities QUOTATION NUMBER 005-17 Elevator Maintenance Date 01-25-17

PEOPLE PRESENT Michele Hanshaw and Cassy Duer

NAMES OF Schindler Interstate Kone MEl ThyssenKrupp Otis BIDDERS Central Park Monthly Maintenance 155.00 )40.00 JZOJD Cf4.oo /50. (X) 2_1:51).0() Old Prairie Town

14o.CO q4/oo Monthly Maintenance 155.00 /2..'5.00 /so,ro 26~*ro Courthouse

Z,fX)(),OO h3lJ5~00 BBo.oo /,40'.;>.0(.) Monthly Maintenance 1,?40.(X) J I ()(;r) • C() North Annex I

!

Monthly Maintenance I J55.C:O 140.00 i2?~00 Cf4.oD 15().0) 2CffJ tOO I Elections

14o.ro i}Z.S, CD f!fl.co lw.CD I Monthly Maintenance 1'55,00 /tOO. ex) DOC-Adult I

Dover- 4000 lb t'55~CO l40.CO /CPS. CD Cf4 .0() I &:;.;o , 00 Lt:'zocOO DOC-Adult

l40.0l) . t1!/,0D Montgomery ~~.00 {V2_5,C:O l'5o.co l£()_.00 DOC-Adult

3CO.co }Pf};()() 3{)(),ttJ Dover- 2500 lb 3JD.CO Ze:D.O) '5DD~W DOC-Adult qo.oo )~.on Garauntata Lo5.CO IOO,oO ?4.00 2w,co DOC -Juvenile Montgomer 4500 lb I~5.CO t40.CO }lJ5. 00 ct4.co J5D,OQ 260tQ') DOC - Juvenile

\4D.00 't4,00 Montgomery 2100 lb 155.00 1~5.00 1~.00 zw,oo % of yearly rate

40/()l 3.5% 2.07c 31& 4~o increase 2, '5 7c Hourly Rate

215.00 Jt:o,co lql.JJ,/1 114.00 2w.ro 2CfO,[J) Outside normal hours

333.6B 34D.OO 5P1J.DO rate ZDJ .DO z-:ro.oo 24/_,,(f_) Holiday rate $5?,C() 2-10.00 3qz. 2.2 z.LJu.OO .... -40Q,cp- . -~~~()()

Jt 31 s5"""" ~ 3soZ> ~ zq~o .H 17~ I fYifJ ,d-'; Jl?.&~D cl 4LoD

I •

MEl TOTAL ELEVATOR SOLUTIONS

1144 Booth Street • Kansas City, KS 66103 Phone: (816) 221-3778 • Fax: (816) 221-4254

SHAWNEE COUNT~ CONTRACT #.L~ll-;J;j/-

February 2, 2017

PERFORMANCE AND LUBRICATION SERVICE AGREEMENT

LOCATED AT:

Central Park Community Center -1534 SW Clay

Shawnee County 200 SE 7th St

Topeka, Kansas 66603

Attn: Bill Kroll

One (1) hydraulic 2100 Jb capacity Dover passenger elevator

Old Prairie Town Drugstore -124 NW Fillmore One (1) hydraulic 2000 Jb capacity Dover passenger elevator

Shawnee County Courthouse- 200 SE 7th Four (4) traction 3000 lb capacity Dover passenger elevator

Shawnee County North Annex -1515 NW Saline One (1) hydraulic 2100 Jb capacity Dover passenger elevator

Shawnee County Elections Office- 3420 SW VanBuren One (1) hydraulic 1000 lb capacity Dover passenger elevator

Shawnee County Corrections, Adult Detention Facility- 501 SE 8th One (1) hydraulic 4000 lb capacity Dover passenger elevator One (1) hydraulic 3000 lb capacity Montgomery passenger elevator Two (2) hydraulic 2SOO lb capacity Dover passenger elevators One (1) lift 450 Jb capacity Garaunata passenger elevator

Shawnee County Corrections, Juvenile Detention Facility- 401 SE 8th One (1) hydraulic 4500 Jb capacity Montgomery passenger elevator One (1) hydraulic 2100 lb capacity Montgomery passenger elevator

WE PROPOSE to furnish on a Monthly basis, service on the following described elevators:

EQUIPMENT: 15 Various Hydraulic and Traction Passenger Elevators

YOUR ACCOUNT will be assigned to an account representative. This representative will be available to discuss any questions and/ or concerns regarding your elevator maintenance. Additionally, specialist in the areas of repairs, modernization, the elevator safety code, and the Americans with Disabilities Act will be available to you for consultation.

UNDER THIS CONTRACT we will maintain the elevator equipment herein described on the following terms and conditions:

WE WILL USE trained personnel directly employed and supervised by us. They will be qualified to keep your equipment properly adjusted, and they will use all reasonable care to maintain the elevator· equipment in proper and safe operating condition.

SCOPE OF WORK:

Please refer to "Exhibit A" (Request for Quotation, Quotation No. 005-17) for outline of scope of work.

PERFORMANCE AND LUBRICATION MAINTENANCE AGREEMENT

to the price, stated, a sum equal to the amount of any taxes which may now or hereafter be exacted from Purchaser or seller on account hereof.

IT IS AGREED, in consideration of our performance of the service enumerated herein at the price stated, that nothing herein shall be construed to mean that we assume any liability on account of accidents or injury to persons or property, except those directly due to our negligent acts or omissions or those of our employees; and that your own responsibility for accidents or injuries to person or property while riding on or being in or about the subject elevators or related equipment is in no way affected by this agreement.

SPECIAL CONDITIONS:

1. Please refer to '1EXhibit A" (Request for Quotation, Quotation No. 005-17) for breakdown of pricing, labor rates, and other specifications.

PAYMENT NONPAYMENT OF ANY SUM DUE UNDER THIS AGREEMENT shall be considered a material breach thereof. in the event of a breach of this agreement or the failure to pay any sum due or to become due under this agreement within sixty (60) days from the billing date, MEl Total Elevator Solutions may, at its option, declare ail sums due or to become due under this agreement for the unexpired term of the agreement due and payable in full as and for agreed and liquidated damages, and not as a penalty, and until the same are paid, MEl Total Elevator Solutions shall be discharged and released from any obligations and/ or liability under the terms of this agreement.

CONTRACT PRICE: One Thousand Eight Hundred Eighty One Dollars and Zero Cents ................................................................................ ($1,881.00/mo.)

PAYMENT FREQUENCY: Monthly

You agree to pay as an addition to the price quoted, the amount of any tax based upon the transfer, use, ownership or possession of the equipment to which this proposal related imposed upon us by any existing or future applicable laws or ordinances.

The price for this service is subject to yearly reconsideration for adjustment, either upward or downward, on the basis of prevailing costs. No more than 3% increase per calendar year.

Payment of all invoices must be paid within 30 days of the invoice date.

This quotation is valid for ninety (90) days from the date of this proposal.

Page 3 of 4- MEl Total Elevator Solutions

"Exhibit A"

REQUEST FOR QUOTATION SUBMIT BID TO

PURCHASING DIVISION SHAWNEE COUNTY COURTHOUSE

Room 201

QUOTATION NO.

DATE MAILED

CLOSING 2:00 P.M.

Topeka, Kansas 66603

005-17

01-10-17

01-25-17

VENDOR Minnesota Elevator, Inc.

ADDRESS 1144 Booth St. Kansas City, KS 66103

PHONE (816) 221-3778

THIS IS NOT AN ORDER

1. In communications always refer to the above quotation number.

2. In order to receive consideration, one copy of this request for quotation with your bid properly filled in must

be signed and returned by the specified closing date.

3. All prices and conditions must be shown. Additions or conditions not shown on this bid will not be allowed.

4. Contracts or purchase orders resulting from this quotation may not be assigned without written prior consent

of the Purchasing Division.

5. The Purchasing Division reserves the right to accept or reject any part of, or all of, any bid or proposal.

6. All prices quoted are to be less Federal Excise Tax and Kansas Sales Tax.

7. Failure to respond to RFQ may result in termination of future mailings.

8. Price quoted shall remain firm for thirty (30) days after bid closing date.

ITEM AND DESCRIPTION

Shawnee County is soliciting sealed bids for elevator maintenance per the following minimum specifications.

Bid results will not be given over the telephone. Results may be obtained by attending the public bid opening or by sending a self addressed stamped envelope to the Purchasing Division with your request for bid tabulation.

NOTE: If your company resides in a locale which has a local preference law, please state what that preference is ---:-=-N""O:=..:N=E.,--__ _ If there is no preference in your locale please answer by stating NONE. FAILURE TO RESPOND TO THIS PART OF THE SPECIFICATION MAY RESULT IN REJECTION OF YOUR BID.

NONDISCRIMINATION: Shawnee County is committed to the

PAGE 1

QUOTATIONNO. 005-17

DATE MAILED 01-10-17

CLOSING 2:00P.M. 01-25-17

BID FORMS: Bid forms are to be completed, signed and returned to Shawnee County Purchasing Department, 200 SE 7th St., Room 201, Topeka, KS 66603. Bids shall be submitted on or before the date and time set for closing of bids. Bids must be securely sealed in an envelope addressed and marked on the outside with the name and address of bidder, quotation number and closing date in the lower left-hand corner. Bids by telephone or telegraph, or facsimile will not be accepted.

SIGNATURE OF BIDS: Each bid must show in the space provided the complete business or mailing address of the bidder and must be signed by him with his usual signature.

CLOSING DATE: Sealed bids will be received until 2:00p.m. CST, on the scheduled closing date at which time they will be opened and publicly read. The time clock stamp in the Purchasing Department will conclusively determine the time of receipt. Bids received after the scheduled closing time will not be considered. Bids that do not carry proper identification may be rejected. The Purchasing Division will accept no responsibility for the premature opening of a bid not properly identified on the outside of the envelope. ·

MODIFICATION OF BIDS: Bids already submitted may be modified by letter or telegraph provided modification request is received in the Purchasing Division prior to the time set for closing of bids.

WITHDRAWAL OF BIDS: Bids already submitted may be withdrawn upon proper identification of bidder and provided request is received prior to time of closing. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal after the time set for closing of bids.

NOTICE TO SUCCESSFUL BIDDERS: The successful bidder will be notified by letter or telephone as soon as possible after bids have been opened, tabulated, and analyzed.

NOTICE TO UNSUCCESSFUL BIDDERS: Unsuccessful bidders will not be notified.

NOTE: In the event that goods or services delivered by the vendor are unsatisfactory and remain unsatisfactory after a notice and an opportunity to correct the deficiencies, the County reserves the right to purchase substitute goods or services from the other bidders. ·

PAGE3

QUOTATIONNO. 005-17


CLOSING 2:00P.M. 01-25-17

Shawnee County will use discretion with regards to disclosure of proprietary information contained in any response, but cannot guarantee the information will not be made public. As a governmental entity, Shawnee County is subject to making records available for disclosure pursuant to the Kansas Open Records Act. Any confidential or proprietary information should be clearly marked.

Shawnee county reserves the right to enter into agreements subject to the provisions of the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the Budget Law (K.S.A.79-2935). Agreements shall be construed and interpreted so as to ensure that the County shall at all times stay in conformity with such laws, and as a condition of agreements the County reserves the right to unilaterally sever, modify, or terminate agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such law.

The vendor certifies that this proposal is submitted without collusion fraud, or misrepresentation as to other vendors, so that all proposals for the project will result from free, open, and competitive proposing among all vendors.

This Request for Quotation, responses thereto and any contract documents will be governed by the law of the State of Kansas. Any dispute arising out of the same will be litigated only within the courts ofthe State of Kansas.

Vendor agrees that all data, documents, and information, regardless of form that is generated as a result of this Request for Quotation are the property of Shawnee County. The County shall not be liable to reimburse any vendor for the costs of creating, compiling or delivering the same to the County.

The County is exempt from the payment ofFederal and excise taxes and from

Kansas sales tax.

PAGES

QUOTATIONNO. 005-17


CLOSING 2:00P.M. 01-25-17

minimum of one (1) scheduled monthly service call per elevator will be required. Call back work will be included in this contract if performed during regular work hours of regular work days. The contractor must maintain a twenty-four (24) hour emergency callback service. Electronic response to any "emergency call request" should be made within 90 minutes to the facility requesting the service. An emergency is defined as the need to correct a "shutdown" condition or malfunction by adjustments or parts replacement. Emergency callback service after contractors regular work hours will be paid per contract price. Shawnee County reserves the right to reject any or all bids and to waive technicalities.

BILLING: Payment will be made monthly. Shawnee County will require a copy of a Workman's Job Ticket, which has been signed by a facility manager or that manager's designee. An electronic signature and subsequent electronic job ticket is acceptable. IF A JOB TICKET IS NOT SIGNED BY AN AUTHORIZED EMPLOYEE, THE TICKET WILL NOT BE PAID. The elevator shall be serviced before payment will be issued. All invoices shall be submitted to Audit and Finance Department, Shawnee County Courthouse Room 291, 200 SE 7fu, Topeka, KS, 66603. Each invoice must have the appropriate contract number and facility location included to assist in the payment process.

GENERAL SPECIFICATIONS: The successful bidder shall furnish all tools, labor and parts necessary to maintain these elevators. The successful bidder shall furnish and install all small parts such as nuts, bolts, straps, bulbs, oil, grease and other lubricants required and cleaning cloths. For security purposes all tools and parts are subject to a pre and post work inventory.

In addition to small items such as nuts, bolts, straps and indicator lights, the successful bidder shall furnish selector contact leads, motor brushes and contacts for door locks. The successful bidder shall use only the original equipment manufacturers (OEM) recommended replacement parts when performing maintenance work on these elevators.

If a malfunction of the elevator occurs between the courses of periodic inspections, a repair team will be made available for any service or repairs. Contractor shall make special examinations or requests at the quoted billing rate.

Any auxiliary elevator controls will be a part of this contract.

All work performed must meet or exceed all applicable OSHA standards.

Shawnee County reserves the right to solicit bids for any contractually excluded repairs such as lift/cyclinder replacement.

EXCLUDED WORK: The following items of the elevator equipment are not included in this agreement:

Refmishing or replacement of car enclosure, car door, hoist way enclosures, hoist way door panels, frame and sills, car flooring and floor covering, light fixtures and lamps, main line power switches, breakers and feeders to controller, emergency power plant and associated contactors, emergency car light and battery, smoke and fire sensors with related control equipment not specifically part of the elevator controls.

PAGE7

QUOTATIONNO. 005-17

DATEMAILED 01-10-17

CLOSING 2:00P.M. 01-25-17

Empty gearbox drip pan; do not reuse lubricant (for hydraulic- empty oil pan).

Check leveling switches and leveling. If elevator is not leveling properly, this will be adjusted at this time.

Check Motor-Generator (MG) set commutator wear, clean commutator, renew or reset brushes.

Visually inspect safety device; check switch, pivots, set screws, and clean and lubricate as necessary.

Inspect car top; pit, and controller room lighting fixtures.

Check alignment of controller switches; clean and lubricate as necessary contacts, hinge pins, check oil in over load relays; check setting and operation of overloads.

SEMI-YEARLY: Inspect elevator car rails and guides; inspect counter weight rails and guides; clean and lubricate as necessary; check operation of position limit switch.

Inspect all ropes and sheaves for wear, lubrication and cleanliness; clean and lubricate as necessary; inspect rope clamps and slack cable switches.

Change all gear case lubrication; inspect gears for back lash and end play; check bearing wear.

Blow out drive motor.

Inspect keys, bearings, support brackets on all sheaves; inspect sheave for cleanliness, wear, cracks, and rope contact.

Check adjustment of car guide shoes and condition of rails and gibs.

Inspect elevator beam supports and shaft for cracks or corrosion; inspect car interior for cracks, corrosion, missing bolts, nuts, screws and panels.

Clean car operator contacts and switches; clean, repair, and lubricate.

YEARLY: Perform annual elevator safety test to comply with ANSI/ ASME, 2004 Edition, A17 .1 elevator and escalator safety code. A copy of this report shall also be forwarded to the City of Topeka Building Inspection Department, attention Elevator Inspector, by the successful bidder.

TESTING: Within ninety (90) days of award of the contract, the successful bidder will perform the following tests:

Safety and governor 5 year test- To comply with ANSI/ ASME, 2004 Edition.

Hydraulic inspection 7 year test- To comply with ANSI/ASME, 2004 Edition.

All other annual tests required to conform to ANSI/ ASME, 2004 Edition.

Copies of all other tests are to be forwarded to the appropriate facility manager. ·

PRE-BID MEETING: There will be a mandatory pre-bid walk-through of. all fifteen (15) elevators included in this bid. We will meet in the Shawnee County Courthouse basement lobby at 200 SE ih Street, Topeka KS 66603 at 9:00AM on 01-18-17

PAGE9

QUOTATIONNO. 005-17


CLOSING 2:00P.M. 01-25-17

Elevator Location Monthly Maintenance Fee

Central Park Community Center - 1534 SW Clay One (1) hydraulic 2100 lb capacity Dover passenger elevator

Old Prairie Town Drugstore -124 NW Fillmore One (1) hydraulic 2000 lb capacity Dover passenger elevator

Shawnee County Courthouse - 200 SE 7th Four (4) traction 3000 lb capacity Dover passenger elevator

Shawnee County North Annex- 1515 NW Saline One (1) hydraulic 2100 lb capacity Dover passenger elevator

Shawnee County Elections Office- 3420 SW VanBuren One (1) hydraulic 1000 lb capacity Dover passenger elevator

Shawnee County Corrections, Adult Detention Facility- 501 SE gth

One (1) hydraulic 4000 lb capacity Dover passenger elevator

One (1) hydraulic 3000 lb capacity Montgomery passenger elevator

Two (2) hydraulic 2500 lb capacity Dover passenger elevators

One (1) lift 450 lb capacity Garaunata passenger elevator

Shawnee County Corrections, Juvenile Detention Facility- 401 SE 8th One (1) hydraulic 4500 lb capacity Montgomery passenger elevator

One (1) hydraulic 2100 lb capacity Montgomery passenger elevator

% of yearly rate increase ___ 3_.o ___ %

$ 94.00/mo.

$ 94.00/mo.

$ 880.00/mo.

$ 94.00/mo.

$ 89.00/mo.

$ 94.00/mo.

$ 94.00/mo.

$ 180.00/mo.

$ 74.00/mo.

$ 94.00/mo.

$ 94.00/mo.

PAGE 11

Rev. 09/2013 ATIACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

CONTRACTUALPROVffiiONSATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of -------~ 20 __ .


2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to,.govemed by, and construed according to the laws of the State of Kansas.



5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.


7. ARBITRATION. DAMAGES. WARRANTIES. Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.


9. REsPONSffiiLITY FoR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

VENDOR/CONTRACTOR:

By:

l\ccount11anager

Title:

2/6/17 Date:


Robert E. Archer, Chair

Date:

ATTEST:


,(1 . ..

DATE:

TO:

FROM:

February 9, 2017

Board of County Commissioners

Bill Kroll, Facilities Maintenance Director

Shawnee County Facilities Maintenance

200 SE th Street Topeka, KS 66603

(785) 291-4490

E ~.

SUBJECT: Request for approval to amend contract# C447 -2016 with Ameri-Crete Incorporated for parking lot/foundation improvements, including Alternate's # 1 & 2, at the North Annex, 1515 NW Saline, to include a change order in the amount of$ 6,112.50 for replacement of 305 square feet of 6 inch paving and 16 linear feet of curb and gutter in the north parking lot. Funding from deferred capital maintenance.

Concrete collapsed due to apparent break in plastic storm drain line washing out sub-strate. Change order proposed includes repair or replacement of the plastic line and replacement of all broken concrete.

Respectfully,

~ Bill Kroll Facilities Maintenance Director

AGREEMENT

::>HAW Ni:..t. COUNTY

CONTRACT # ClmJ;-;:loJ 2

FIRST AMENDMENT To SHAWNEE COUNTY CONTRACT No. C447-2016 RELATING To CONCRETE, PAVING AND DRAINAGE SERVICES FOR THE

SHAWNEE COUNTY NORTH ANNEX

THIS AGREEMENT is entered into this __ day of _____ , 2017, by

and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE,

KANSAS ("County"), a governmental subdivision of the State of Kansas, and AMERI-

CRETE, INC. ("Contractor").

WHEREAS, the County and the Contractor have executed Shawnee County

Contract No. C447-2016 (hereinafter referred to as "the Contract") relating to concrete,

paving and drainage services for the Shawnee County North Annex; and

WHEREAS, additional services are necessary to repair a broken drain pipe; and

WHEREAS, the Contractor wishes to provide those additional services for the

agreed-upon compensation stated below and pursuant to the terms of the original

contract.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL

COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. The following shall be added to the Contract:

On or before MA-Ik.!f 3} , 2017, Supplier will perform the following work:

• Remove and Replace 305 sq. ft. of 6" concrete paving • Remove and Replace 16' of curb and gutter • Remove and Replace inlet top and grate • Repair broken storm sewer pipe

Upon completion of the work and submission of an invoice for the same, the County will pay Contractor a sum not to exceed Six Thousand Two Hundred Twelve Dollars and 501100 ($6,212.50).

2. All other provisions of Shawnee County Contract No. C447-2016, as

amended, shall remain in effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be

executed as of the date first above written.

ATTEST:


Robert E. Archer, Chair


AMERI-CRETE, INC.

Tyson Brown

Tyson Brown, Project Manager

2

Shawnee County Sheriff's Office

Sheriff Herman T. Jones Law Enforcement Center

320 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603-3641

785-251-2200

MEMORANDUM

February 13, 2017

To: Shawnee County Commission

From: Sheriff Herman T. Jones

Re: Renewal of contract between Sheriff Reserve's and Sherwood Improvement District

We will be renewing the Annual Contract with the Sherwood Improvement District. This contract provides additional law enforcement services to the Sherwood Improvement District by the Shawnee County Sheriff's Office Reserve Division. The period of the contract will be from January 1, 2017 to December 31, 2019. The cost, paid by the Sherwood Improvement District to the Reserve Division, will be $2,525 per month for year 2017 and 2018 and $2,625 per month for year 2019.

These monies will be deposited into our Reserve Fund.

Please place this on your February 16, 2017 Commission Agenda.

If you have any questions please let me know.

Sincere> ,/

~Cd:l., ~ Herman T. Jones, Shawnee County heriff

Shawnee County

Contract No.

AGREEMENT

THIS AGREEMENT shall be by and between the Board of County Commissioners of Shawnee County, Kansas, hereinafter referred to as the "County," and The Sherwood Improvement District, hereinafter referred to as the "Improvement District." Each party is duly organized and existing under the laws of the State of Kansas.

WHEREAS the Improvement District consists primarily of the residents of the Sherwood Estates area lying in the southwest comer of Shawnee County, Kansas and

WHEREAS the County and the Improvement District are desirous of contracting with each other to provide additional law enforcement services within the boundaries of the Sherwood Improvement District, by and through the Shawnee County Sheriffs Office Reserve Division, and

WHEREAS such contracts and/or agreements are authorized and provided for under the provisions of Chapter XII, Article 29, ofthe Kansas Statutes Annotated and K.S.A. 19-2786h.

NOW, for the consideration hereinafter set out and upon the terms and conditions enumerated, the parties agree as follows:

1. The Improvement District area to be serviced by this Agreement is legally described as follows:

Beginning at the N.E. Comer of the N.W. 14 of Section 17, Township 12 South, Range 15 East of the 6th P. M., Shawnee County Kansas; thence South to the S.E. Comer of the N.W. 'l4 of Section 17-12-15; thence continues South to the N. W. Comer of the S.W. 'l4 of the S.E. 'l4 of Section 17.12.15; thence South to the S.E. Comer ofthe S.W. 'l4 ofthe S.E. 'l4 Section 17-12-15; thence West to the S.W. Comer of the S.W. 'l4 of the S.E. 14 of Section 1 7-12-15; thence continue West to the N .E. Corner of the West Y2 of the N.W. 'l4 of Section 20, Township 12 South, Range 15; thence South to the S.E. Corner of the West Y2 of the N.W. 'l4 of Section 10-12-15; thence West to the S.W. Comer of the West Y2

ofthe N.W. 'l4 Section 10-12-15 this Comer also being the East 'l4 Comer of Section 19, Township 12 South, Range 15; thence continue West to the Center Comer of Section 19-12-15; thence continue West to the West 'l4 Comer of Section 19-12-15; thence North to the N.W. Comer of Section 19-12-15 this comer also being the S.E. Comer of Section 13, Township 12 South, Range 14; thence West along the South line of Section 13-12-14 to the center line of Gilmore Road; thence North following the center line of Gilmore Road the N.line ofS.E. 'l4 of Section 13-12-14; thence West to the Center comer of Section this point also being the S.W. Comer of the N.E. 'l4 of Section 13-12-14; thence North to the N.W. Comer ofthe N.E. 'l4 of Section 13-12-14; thence East to the N.E. Comer of the N.E. 'l4 of Section 13-12-14 this point also being the S.W. Comer of Section 7, Township 12 South, Range 15; thence North to the N.W. Comer of the South Y:z of the S.W. 'l4 of Section 7-12-15; thence East to the N .E. Comer of the South Yz of the S.W. 'l4 of Section 17-12-15 this point also being the N.W. Comer of the S.W. 'l4 of the S.E. 'l4 of Section 7-12-15; thence continue East to the N .E. Comer of the S. W. 1 'l4 of the S .E. 'l4 of Section 7-12-15; thence South to the S.E. Comer of the S.W. 'l4 of the S.E. 'l4 of Section 7-12-15 this East to the S.E. Comer of Section 7-12-15 this point also being the N.W. Comer of Section 17, Township 12 South, Range 15; thence South along the East list of Section 1 7-12-15 a distance of 284.5 feet; thence East a distance of 517 feet; thence North 288 feet to the North line of Section 17-12-15; thence East to the N .E. Comer of the N. W. 'l4 of Section 17-12-15 being the point of beginning containing 1, 713 acres of land more or less; and

The East Half of the Northwest Quarter of Section 20, Township 12 South, Range 15 East, 6th P.M., located in Shawnee County, Kansas; said petition praying that the territory within those boundaries be incorporated as "The Sherwood Improvement District, Shawnee County, Kansas."

A map of said Sherwood District is attached hereto and incorporated by reference herein.

2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to personnel so employed shall remain in the County, through the auspices of the Shawnee County Sheriffs Office. In the event of a dispute between parties as to the extent of the duties and functions to be rendered hereunder or the level or manner of performance of such services, the determination

made by the County, after consulting the Shawnee County Sheriff, shall be fmal and conclusive as between the parties hereto.

3. The officers, agents, and employees of the Improvement District agree to cooperate with the County to facilitate the performance of the Shawnee County Sheriffs Office Active Reserve Division's functions under this Agreement.

4. For the purpose of performing the functions provided, the County shall furnish and supply all necessary labor, supervision, equipment, communication, facilities and supplies necessary to maintain the level of services to be rendered hereunder.

5. At all times when a Shawnee County Sheriffs Office Active Reserve officer is on duty, and assigned to work in the Improvement District, he/she shall be on patrol in the Improvement District, unless called out for an emergency. All persons utilized, assigned or employed in the performance of providing the services herein called for, for the benefit of the Improvement District, shall be deemed to be agents or employees of the County and no person employed hereunder shall have any Improvement District pension or any status or right of Improvement District employment.

6. The Improvement District shall not be called upon to assume any liability for the direct payment of salaries, wages or other compensation to any Shawnee County

personnel or Shawnee County Sheriffs Office Active Reserve Division officers performing service under this Agreement or for any other liability, other than that provided for in this Agreement. Except as herein otherwise specified, the Improvement District shall not be liable for compensation or indemnity to any Shawnee County employee or any Shawnee County Sheriffs Office Active Reserve Division officer for injury or sickness arising out of his/her employment pursuant to this Agreement.

7. The County and it's officers and employees shall not be deemed to assume any liability for intentional or negligent acts ofthe Improvement District and/or of it's officer and employees.

8. The Improvement District and it's officers and employees shall not be deemed to assume any liability for intentional or negligent acts of the County and/or ofit's officers or employees or of the Shawnee County Sheriffs Office Active Reserve Division and/or any of it's officers or employees.

9. Unless terminated sooner pursuant to further provisions, this Agreement shall operate and be effective for a period commencing on the date of execution and shall expire on December 31, 2019. At the option of the Improvement District and with the consent

of the County and the Sheriff thereof, this Agreement shall be renewable for successive periods as desired by the parties.

10. This Agreement may be terminated upon thirty (30) days written notice by either party. The Agreement may be altered or amended only by written agreement for the parties.

11. The Sheriff, through the Shawnee County Sheriffs Office Active Reserve Division, shall submit to the Improvement District, at the close of each calendar month, a written report covering all services performed during said month including but not limited to, the activities, cases and complaints handled, and arrests made by the Shawnee County Sheriffs Office Active Reserve Division officers in the Improvement District. The Improvement District shall issue a monthly payment to the Sheriffs Office in the amount of$2,525.00 from the period oftime commencing on the date of execution of this Agreement (or a portion thereof if the commencement date is a date other than the first day of the month) through December 31,2018. For the year of2019 the parties agree that the payment will be $2,625.00. The Improvement District promptly upon receipt of the abovementioned required report shall make payment of the above stated funds to the Shawnee County Sheriffs Office Active Reserve Division. Payment shall be by check or warrant and shall be forwarded to the Shawnee County Sheriffs Office. Said funds shall be deposited into the Sheriff's Office Special Reserves Fund to be used by the Sheriff to maintain the operation of the Sheriffs Office.

12. Any property acquired by the County or by the Shawnee County Sheriffs Office Active Reserve Division for use in carrying out the terms of this Agreement shall be held as the sole and separate property of Shawnee County, Kansas, and upon the termination of this Agreement, may be disposed of at the sole discretion of the County or by the Shawnee County Sheriff if the property was acquired by the Sheriff.

13. For the purpose of any notice in writing required herein, any such notice to the County shall be addressed to the Board of County Commissioners, 200 Southeast Seventh Street, Topeka, Kansas 66603. A copy shall be forwarded to the Shawnee County Sheriff at 320 S. Kansas A venue Suite 200, Topeka, Kansas 66603. Any notice to the Improvement District shall be addressed to the President, Sherwood Improvement District, Board of Directors, 3765 SW Clarion Park Drive, Topeka, Kansas 66610.

14. The Sheriff of Shawnee County, Kansas, or his designee, shall administer this agreement. No separate budget is anticipated for this Agreement.

15. Prior to and as a condition precedent to this entry into force, this Agreement shall be submitted to the Sheriff of Shawnee County for his approval, which shall be indicated

by his signature on the designated approval from following the last section of this Agreement.

16. Prior to, and as a condition precedent to the entry into force, this Agreement shall be submitted to the Kansas Attorney General pursuant to K.S.A. 12-2904, who shall determine whether the Agreement is in proper form and compatible with the laws of the State of Kansas. Said approval shall be shown by the signature of the Attorney General on the designated approval space following the last section of the Agreement.

17. Any and all previous Agreements between these parties for the provision of these or similar services are, upon the effective date of this Agreement, hereby specifically terminated and rescinded.

IN WITNESS WHEREOF, THIS AGREMENT IS SIGNED by the President ofthe Board of Directors of said Improvement District and attested by the Secretary of the Board of Directors of said Improvement District upon the direction and approval of the Sherwood Improvement District Board of Directors AND by the Chairman of the Board of County Commissioners and attested by the County Clerk upon the direction and approval of the Board of County

Commissioners on the day and year first written below. -t1\.....

Dated and entered into this I(} day of ,.:::::r-0\...,. c/(..A./"1 , 20 17.

~~ President, Board of Directors Sherwood Improvement District

ATTEST:

Secretary, Boar ofDirectors Sherwood Imp vement District

•.

APPROVAL

I _have approved this Agreement as required by Paragraph 15 thereof on this l"h i... day of

:Je.V\ L »-... '20 _2_ . .j

Matthew Boddington, neral Counsel

Shawnee County Sheri r Office

I have approved this Agreement as required by Paragraph 16 and pursuant to K.S.A. 12-2905 by thereof on this __ day of , 20_.

ATTORNEY GENERAL State of Kansas

FINANCIAE REPORT

PRELIMINARY REPORT FOR 2016

SHAWNEE COUNTY, KANSAS

SHAWNEE COUNTY KANSAS- PRELIMINARY 2016 FINANCIAL REPORT 2

$120,000,000

$100,000,000

$80,000,000

$60,000,000

$40,000,000

$20,000,000

$-

CATEGORY

Property Taxes

Other Taxes

Property Related Fees

Charges for Services

Misc. Revenue

2016 $101,429,636

2016 $101,429,636

$ 74,457,122

16,607,862

2,261,182

4,603,540

3,499,929

$ 101,429,636

2016 REVENUE

BUDGET $100,153,209

BUDGET $1 00,153,209

$ 74, 765,993

15,294,014

1,549,000

5, 287,828

3,256,375

$ 100,153,209

2015 $100,899,283

2015 $100,899,283

$ 72,863,168 $ 16,750,684

2,259,533

4,910,633

4,115,265

$ 100,899,283 $

BUDGET VARIANCE

Misc.

Revenue

Services

Property

Related

Fees

Taxes

Taxes

PRIORYR VARIANCE

{308,870) $ 1,593,954

1,313,849 (142,821)

712,182 1,649

{684,288) {307,093)

243,554 (615,336)

1,276,426 $ 530,353

SHAWNEE COUNTY KANSAS - PRELIMINARY 2016 FINANCIAL REPORT 3

$80,000,000

$70,000,000

$60,000,000

$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$-

•

$18,000,000

$16,000,000

$14,000,000 $12,000,000 $10,000,000

$8,000,000 $6,000,000 $4,000,000

$2,000,000 $-

•

$2,500,000

$2,000,000

$1,500,000

$1,000,000

$500,000

$-

•

PROPERTY TAXES

2016 YTD BUDGETYTD 2015 YTD

$74,457,122 $74,765,993 $72,863,168


$16,607,862 $15,294,014 $16,750,684


$2,261,182 $1,549,000 $2,259,533


$6,000,000

$5,000,000

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$-

•

$4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000

$500,000 $-

•

2016 YTD BUDGET YTD 2015 YTD

$4,603,540 $5,287,828 $4,910,633

2016 YTD BUDGET YTD 2015 YTD

$3,499,929 $3,256,375 $4,115,265

Property Related Charges for Services


$120,000,000

$100,000,000

$80,000,000

$60,000,000

$40,000,000

$20,000,000

$0

CATEGORY

PUBLIC SAFElY PUBLIC HEALTH ADMIN. SERVICES PUBLIC WORKS

2016 $99,649,138

2016 $99,649,138

$ 43,746,076 9,520,066

10,893,040 10,404,706

PARKS, REC & EXPO 15,010,142 DEBT SERVICE 10,075,108

$ 99,649,138

2016 EXPENDITURES

$

$

BUDGET $100,156,368

BUDGET $100,156,368

44,085,743 $ 9,519,284

10,938,998 10,464,935 15,010,142 10,137,267

100,156,368 $

2015 $95,042,405

2015 BUDGET $95,042,405 VARIANCE

41 ,950,170 $ (339,667) $ 9,720,981

10,558,094 (45,957) 9,908,844 (60,229)

14,978,469 7,925,848 (62,159)

95,042,405 $ (508,012) $

• DEBT SERVICE

• PARKS, REC & EXPO

• PUBLIC WORKS

• ADMIN. SERVICES

• PUBLIC HEALTH

• PUBLIC SAFETY

PRIORYR VARIANCE

1,795,906 (200,914) 334,946 495,862

31 ,673 2,149,260 4,606,733


PUBLIC SAFETY

$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$-2016 YTD

• $43,746,076

$10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000

$-2016 YTD

• $9,520,066

BUDGET YTD

$44,085,743

BUDGETYTD

$9,519,284

ADMIN/ TRATIVE

$12,000,000

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-2016 YTD

• $10,893,040

BUDGETYTD

$10,938,998

2015 YTD

$41,950,170

2015 YTD

$9,720,981

2015 YTD

$10,558,094


$12,000,000 $10,000,000

$8,000,000 $6,000,000 $4,000,000 $2,000,000

$-

PUBLIC WORKS

2016 VTD BUDGET YTD • $10,404,706 $10,464,935

2015 VTD $9,908,844

PARKS, RECREATION & EXPOCENTRE

$20,000,000

$15,000,000

$10,000,000

$5,000,000

$-2016 VTD BUDGETVTD 2015 VTD

• $15,010,142 $15,010,142 $14,978,469

$12,000,000 $10,000,000

$8,000,000 $6,000,000 $4,000,000 $2,000,000

$-

DEBT SERVICE

2016 VTD BUDGET VTD 2015 VTD

• $10,075,108 $10,137,267 $7,925,848


$45,000,000

$40,000,000

$35,000,000

$30,000,000

$25,000,000

$20,000,000

$15,000,000

$10,000,000

$5,000,000

$-

PUBLIC SAFETY

2016 EXPENDITURES

PUBLIC ADMIN. PUBLIC PARKS, DEBT HEALTH SERVICES WORKS REC & SERVICE

EXPO

2016 EXPENDITURES