BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · 8/6/2020 · 1. Consider authorization and execution of Contract C274-2020, Amendment #3 to Contract Cl02-2015, with Emcon Inc

Beck, C ndi

From: Sent: Subject:

Bottenberg, Megan (CCI-Central Region) <Megan.Bottenb Friday, July 31, 2020 10:43 AM Cox Communications LF A Notification

Dear Local Franchising Authority,

JUL 3 1 203l

SHAWNEE COUNTY CLERK

As you know, Cox is required to obtain permission from local broadcast stations and cable networks to provide their signals on our video channel lineup. Our company is in discussions to renew agreements with the following programmers and broadcasters:

Station/Network SO Channel HD Channel

ESPN 32 2032 ESPN2 33 2032 ESPNU 244 2244 ESPNews 245 2245 ESPN Deportes 314 2314 Disney Channel 45 2045 Disney Jr 218 2218 Disney XD 225 I 307 2225 SEC Network 276 2276 Longhorn Network 285 2285 ACC Network 278 2278 beiN Sports 292 2292 beiN Sports Espanol 293 2293 Outdoor Channel 258 2258

Should we be unable to reach equitable terms for a new agreement by their expiration dates, these networks have the right to require Cox to remove their programming from our lineup.

We continue to actively negotiate with these networks and are working toward renewing our agreements without any disruption of service to our customers. We are meeting our customer notification obligation through an ad in the local newspaper.

We will keep you updated with any new information. Please feel free to contact me at (785) 215-6727 or Megan. Bottenberg@cox. com.

Sincerely,

Megan Bottenberg Manager, Government Affairs Cox Communications Central Region

1

SHAWNEE COUNTY PLANNING COMMISSION

General Information:

AGENDA

Monday,August10,2020 6:00 P.M.

Shawnee County Annex 1515 NW Saline Street

First Floor Conference Room Topeka,Kansas66618

• The Shawnee County Planning Commission holds a public hearing on the second Monday of each month to consider certain zoning, conditional use permit, subdivision, and other related proposals as may be required by laws of the state or county. The Planning Commission conducts an informational meeting with staff at 5:00p.m. prior to the 6:00p.m. public hearing to address questions the Planning Commission may have regarding any item appearing on the agenda. The informational meeting is held in the Planning Department and is open to the public to observe but not offer any testimony.

• The following agenda identifies and describes each proposal to be considered by the Planning Commission.

• Please refer to the attached Hearing Procedure governing the rules of conduct and the manner in which individual items will be heard.

THE NEXT PLANNING COMMISSION HEARING IS SCHEDULED FOR

Monday, September 14, 2020

IN RESPONSE TO THE COVID-19 PANDEMIC, SOCIAL DISTANCING AND

CLEANING/DISINFECTION GUIDELINES WILL BE FOLLOWED.

Shawnee County Planning Commission Hearing Procedure

Members Of The Planning Commission Brian Aubert, Chairman

Planning Department Staff

Jake Fisher, Vice-Chairman Chad Depperschmidt, Member Jeanette Johnson, Member Judy Moler, Member Tyler Tenbrink, Member

Randy Anderson, AICP, Planning Director Anna M. Ortega, Planning and Zoning Administrator Joelee A. Charles, Administrative Assistant

Welcome! Your attendance and participation in tonight's hearing is important and ensures a comprehensive scope of review. It is because of the significance of this proceeding that everyone understands the hearing procedure.

Each item appearing on the agenda will be considered by the Shawnee County Planning Commission in the following manner:

1. The Planning Department staff will introduce each agenda item and present the staff report and recommendation. Commission members will then have an opportunity to ask questions of staff.

2. Chairperson will then call for presentation by applicant followed by questions from the Commission.

3. Chairperson will then call for public comments in the following order: D Comments of those speaking in favor o Comments of those speaking in opposition

Each speaker must come to the podium and state your name and address for the record. The Chairperson reserves the right to establish a time limit for all speakers to afford everyone the opportunity to speak and in consideration of other items appearing on the agenda. At the conclusion of each speaker's comments, the Commission will have the opportunity to ask questions. The applicant will be given the opportunity for rebuttal and make concluding comments. The Chairperson reserves the right to allow additional testimony from proponents and opponents after all initial comments are made.

4. Chairperson will close the public hearing at which time no further public comments will be received. Commission members may then discuss the proposal and ask further questions of staff.

5. Chairperson will then call for a motion on the item, which may be cast in the affirmative or negative. Upon a second to the motion, the Chairperson will call for a roll call vote in which Commission members will then vote yes, no or abstain.

Each item appearing on the agenda represents a potential change in the manner in which land may be used or developed. Significant to this process is public comment, which affords the Commission with information essential for making a determination. Your cooperation and attention to the above noted hearing procedure will ensure an orderly meeting and afford an opportunity for all to participate. Please Be Respectful! Each person's testimony is important regardless of his or her position. All questions and comments shall be directed to the Chairperson from the podium and not to the applicant, staff or audience.

Shawnee County Planning Commission

AGENDA

Monday,August10,2020

A. Call to Order and Announcement of Hearing Procedure

B. Roll Call and Declaration of a Quorum

C. Approval of Minutes for the July 13, 2020, Public Meeting

D. Communications

E. Ex parte Communications by Members of the Commission

F. Declaration of Conflict of Interest by Members of the Commission or Staff

G. Zoning and Subdivision Items

H. Public Comment on Non-Agenda Planning and Zoning Items

I. Discussion of Planning Related Issues

1. Work session with the Commissioner's to discuss the potential updates to the Zoning Regulations of Shawnee County, Kansas.

J. Adjournment

MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Monday, July 13, 2020-6:00 PM Shawnee County Annex

Roll Call and Announcement of Hearing Procedure: Brian Aubert, Chair, called the meeting to order at 6:00p.m. and asked for roll call to be taken.

Members Present: Brian Aubert, Judy Moler, Jeanette Johnson and Chad Depperschmidt. With four members present, a quorum was established.

Members Absent: Jake Fisher, Tyler Tenbrink.

Staff Present: Randy Anderson, Planning Director and Joelee Charles, Administrative Assistant.

Approval of June 8 and June 15, 2020, Public Hearing Minutes: Ms. Johnson stated the approval for the proposed 2021 Planning budget included in the June 8 minutes reflected the year 2020 instead of 2021. Ms. Charles made note and will revise the year. Ms. Mohler moved to approve the June 8 and June 15, 2020, public hearing minutes including the one revision to the June 8 minutes, seconded by Mr. Depperschmidt, and with a majority voice vote, the minutes were approved.

Communications: None were indicated.

Ex Parte Communication by Members of the Board: None were indicated.

Declaration of Conflict of Interest by Members of the Board or Staff: None were indicated.

Public Comment on Non-Agenda Planning and Zoning Items: No comment.

Discussion of Planning Related Issues:

• Work Session To Discuss Proposed Updates to the Zoning Regulations

Mr. Anderson continued his review of the information in the proposed zoning and land use concepts. No planning cases are pending for the Monday, August 1 01h meeting. Further review and discussion of the proposed regulations will continue at that time.

Adjournment:

With no further items to consider, Mr. Aubert asked for a motion. Ms. Mohler moved to adjourn, seconded by Mr. Aubert. A unanimous voice vote declared the public hearing to be adjourned at 7:00p.m.

Page 1 of 1

Division of Environment Curtis State Office Building 1000 SW Jackson St., Suite 400 Topeka, KS 66612-1367

Lee A. Norman, M.D., Secretary

Shawnee County Commissioners 200 S.E. 7th, Room B-11 Topeka, KS 66603

July 22, 2020

RE: Kansas Public Notice No. KS-Q-20-124 Kansas Permit No. M-KS03-0002 Auburn Wastewater Treatment Facility

Dear Commissioners:

Phone: 785-296-1535 Fax: 785-559-4264

www.kdheks.gov

Laura Kelly, Governor

Enclosed is the public notice regarding a proposed Kansas Water Pollution Control Permit for the referenced facility in your county. In accordance with K.A.R. 28-16-61, this notice provides interested parties an opportunity to comment on, or object to, the issuance of the Permit as being public noticed. Specific information concerning comments and objections is found at the end of the public notice.

Sincerely,

~ Michael Beezhold Permits & Compliance

Enclosure

pc: Permit File

Kansas Permit No.: A-UAHG-C004 Federal Permit No.: KS0085413

An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 4,950 head (4,950 animal units) of cattle weighing greater than 700 pounds. The facility's NMP was updated to include a change in the application rate limitation for 6 fields to a less restrictive application rate. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Andy Smaltz Rocking Heifer LLC 8068 W Buchanan Rd. Middleton, Ml 48856

Kansas Permit No.: A-CIGT-C005

SW/4 of Section 15 and NW/4 of Section 22 T27S, R37W Grant County

Federal Permit No.: KS0093670

Cimarron River Basin

An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 24,000 head (24,000 animal units) of cattle weighing greaterthan 700 pounds. The facility's NMP was updated to include a change in the application rate limitation for 4 fields to a less restrictive application rate, and a change in the methodology used to calculate application rates. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. ****************************************************************************************************************

Public Notice No.: KS-Q-20-124/130 The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28 (b-g), and Federal Surface Water Criteria. NAME AND ADDRESS OF APPLICANT RECEIVING STREAM TYPE OF DISCHARGE Auburn, City of Wakarusa River via Treated Domestic PO Box 160 Unnamed Tributary Wastewater

~ Auburn, KS 66402 I

Kansas Permit No. M-KS03-0002 Federal Permit No. KS0094650 Legal Description: NW%, NW%, SE%, S24, T13S, R14E, Shawnee County, Kansas

The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit includes a schedule of compliance to achieve compliance in meeting effluent limits for ammonia, and to submit an individual variance or upgrade the existing wastewater treatment system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, and E. coli, as well as monitoring for pH.

Havensville, City of PO Box 212 Havensville, KS 66432

Spring Creek via Straight Creek

Kansas Permit No. M-KS22-0001 Federal Permit No. KS0081523

Treated Domestic Wastewater

Legal Description: SE%, SE%, SW%, S21, T6S, R12E, Pottawatomie County, Kansas

4

Division of Environment Curtis State Office Building 1 000 SW Jackson St., Suite 400 Topeka, KS 66612-1367


Shawnee County Commissioners 200 S.E. 71h, Room B-11 Topeka, KS 66603

July 22, 2020

RE: Kansas Public Notice No. KS-Q-20-132 Kansas Permit No. C-KS72-0001 KTA Topeka Service Area

Dear Commissioners:

Phone: 785-296-1535 Fax: 785-559-4264

www.kdheks.gov



Enclosure

pc: Permit File

Sincerely,

~w Michael Beezhold Permits & Compliance

structure is a cooling water intake structure (CWIS) subject to the provisions of the Clean Water Act Section 316b and EPA regulations 40 CFR Part 125, Sub-part J for existing facilities. Regarding 316(b) Impingement Mortality Compliance, Evergy at the Lawrence Energy Center, employs and operates a Closed-Cycle Recirculating System (CCRS) pursuant to 40 CFR 125.94( c)(1) and minimizes makeup and blowdown flows of water withdrawn from the Kansas River. As such, it represents a Best Technology Available (BTA) for impingement. The proposed permit limits for total suspended solids, oil and grease, pH, total recoverable arsenic, total recoverable mercury, total recoverable selenium, nitrate+ nitrite, free available oxidant, zinc, and whole effluent toxicity, as well as monitoring for flow, biochemical oxygen demand, total recoverable copper, total chloride, total sulfate, total phosphorus, sulfate, and priority pollutants.

Kansas Turnpike Association 3939 South Topeka Blvd Topeka, KS 66609

Whetstone Creek via Unnamed Tributary

:fr Kansas Permit No. C-KS72-0001 Federal Permit No. KS0095885 Legal Description: NE%, SW%, S10, T12S, R17E, Shawnee County, Kansas Facility Name: KTA Topeka Service Area Wastewater Treatment Facility Facility Location: Milepost 188.15 on 1-70


The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, .as well as monitoring for total phosphorus.

Leon, City of PO Box 25 Leon, KS 67074

Little Walnut River

Kansas Permit No. M-WA 11-0002 Federal Permit No. KS0089133


Legal Description: NE%, NW%, SE%, S21, T27S, R6E, Butler County, Kansas

The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility's highest attainable criteria (HAC) for ammonia

and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community's rate payers. The ammonia effluent limits were determined on 9/6/2019 by calculating the 99th percentile ammonia value from the facility's discharge monitoring reports resulting in an ammonia limit of 8.8 mg/L for this facility. The EED was completed on 9/6/2019. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia and E. coli.

Little River, City of PO Box 126 Little River, KS 67457

Little Arkansas River

4


Division of Environment Curtis State Office Building 1 000 SW Jackson St., Suite 400 Topeka, KS 66612-1367


Shawnee County Commissioners 200 S.E. 7th, Room B-11 Topeka, KS 66603

July 22, 2020

RE: Kansas Public Notice No. KS-Q-20-139 Kansas Permit No. M-KS72-0024 Shawnee County SD #2 - Indian Creek WWTP

Dear Commissioners:

Phone: 785-296-1535 Fax: 785-559-4264

www.kdheks.gov



Enclosure

pc: Permit File

Sincerely,

~@] Michael Beezhold Permits & Compliance

mechanical facility to the community's rate payers. The ammonia effluent limits were determined on 12/18/2019 by calculating the 99th percentile ammonia value from the facility's discharge monitoring reports resulting in an ammonia limit of 10.6 mg/L for this facility. The EED was completed on 12/26/2019. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli.

Osawatomie, City of PO Box 37 Osawatomie, KS 66064

Marais des Cygnes River

Kansas Permit No. I-MC30-C001 Federal Permit No. KS0078930 Legal Description: NE%, S1 0, T18S, R22E, Miami County, Kansas Facility Name: Osawatomie Municipal Power Plant

Process Wastewater

The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is an electric power generating station used for peaking and emergency power. When the plant is operating once through non-contact cooling water is pumped from the Marais des Cygnes River and directed through tube heat exchangers. Low volume wastes such as pump leakage and maintenance wash water discharge through floor drains to a sump pit which pumps to an above ground tank used as an oil water separator. Sanitary waste is discharged to a septic tank lateral field. The proposed permit contains monitoring for flow and temperature.

Prairie Horizon Agri-Energy, LLC 1664 East 1 00 Road Phillipsburg, KS 67661

Deer Creek via Unnamed Tributary

Kansas Permit No. I-S031-P006 Federal Permit No. KS0100749 Legal Description: SE%, S26, T3S, R18W, Phillips County, Kansas Facility Name: Prairie Horizon Agri-Energy, LLC- Ethanol Plant

Process Wastewater

The proposed action is to reissue an existing State/NPDES permit for an 1existing facility. This facility drygrinds corn and sorghum adds water and yeast to form slurry, and cooks slurry, to manufacture ethanol by natural fermentation. About 330 gpm of well water is chlorinated, filtered through multimedia filters prior to use for process water make-up, cooling towers make-up, and for reverse osmosis (RO) boiler water treatment. About 52 gpm of cooling tower blowdown and 23 gpm of RO reject are stored in an earthen detention pond and either used for plant area and adjacent golf course irrigation and/or discharged to surface waters (Outfall 001A1). The proposed permit includes a schedule of compliance requiring the permittee to sample to evaluate the release of copper from the facility and upon completion of sampling, to evaluate all potential sources of copper originating from the facility and summarize and report the results to KDHE. The proposed permit contains limits for total residual chlorine, pH, whole effluent toxicity, total recoverable copper, and total recoverable arsenic, as well as monitoring for flow, sulfate, total phosphorus, and total recoverable selenium.

* Shawnee Co. Public Works Dept. 1515 NW Saline, Ste 200 Topeka, KS 66618

Indian Creek via Unnamed Tributary

6


Kansas Permit No. M-KS72-0024 Federal Permit No. KS0116556 -/ Legal Description: NWX, SEX, NWX, S33, T10S, R16E, Shawnee County, Kansas

Facility Name: Shawnee County Sewer District #2- Indian Creek


and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community's rate payers. The ammonia effluent limits were determined on 10/23/2019 by calculating the 99th percentile ammonia value from the facility's discharge monitoring reports resulting in an ammonia limit of 13.5 mg/L forth is facility. The EED was completed on 6/9/2020. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for total phosphorus.

Westmoreland, City of PO Box 7 Westmoreland, KS 66549

East Fork Rock Creek



Legal Description: SWX, NEX, SEX, S4, T8S, R9E, Pottawatomie County, Kansas

The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. This NPDES discharging-lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility's highest attainable criteria (HAC) for ammonia

and an Economic· Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community's rate payers. The ammonia effluent limits were determined on 9/13/2019 by calculating the 991h percentile ammonia value from the facility's discharge monitoring reports resulting in an ammonia limit of 16.2 mg/L for this facility. The EED was completed on 9/12/2019. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli.

Wheaton, City of 342 Main Street Wheaton, KS 66551

Clear Fork of the Black Vermillion River



Legal Description: NWX, NWX, NEX, S29, T6S, R10E 1 Pottawatomie County, Kansas


and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community's rate payers. The ammonia effluent limits were determined on 7/2/2020 by calculating the 991h percentile ammonia value from the facility's discharge monitoring reports resulting in an ammonia limit of 4.6 mg/L for this facility. The EED was completed on 7/10/2020.

7

DATE:

TO:

FROM:

July 29, 2020

Board of County Commissioners

Bill Kroll, Facilities Maintenance Director

Shawnee County Facilities Maintenance

200 SE 7th Street Topeka, KS 66603

(785) 251-4490

SUBJECT: Request approval of contract extension with Ozark Integrated Pest Control Service Inc (C245-2018) amended to include additional service locations. Contract expenses to be shared by departments through usage and locations served.

Ozark pest Control has continually provided excellent and timely service to all county departments and locations. County Departments are in agreement that an extension is warranted.

Approved for form and legality per e-mail reply from Joni Thadani, copy attached.

Respectfully,

Bill Kroll Facilities Maintenance Director

SHAWNEE COUNTY CONTRACT NO. C- ~-2020

AMENDMENT# 2 To SHAWNEE COUNTY CONTRACT No. C245-2018 WITH OZARK INTEGRATED PEST SERVICE, INC.

THIS CONTRACT is agreed to this __ day of ______ , 2020, by and

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

(THE COUNTY), and OZARK INTEGRATED PEST SERVICES, INC. (CONTRACTOR).

WHEREAS, the parties previously executed Shawnee County Contract No. 245-2018,

hereinafter referred to as the "Contract", for providing pest control services at various County

locations upon request and wish to extend the agreement through August 31m 2021; and

WHEREAS, the County and the Contractor now desire to amend the Contract locations

and frequency of such locations as noted herein; and

NOW, THEREFORE, be it resolved that the Shawnee County Contract No. 245-2018

be amended as follows:

1. The Contract shall be extended for an additional one (1) year term beginning on

September 1, 2020 and ending on August 31, 2021.

2. The Lake Shawnee Garden House location has been -editied to include service for

the basement and a service frequency shall be monthly, at a cost of $30.00 per month.

3. The following locations change frequency as noted:

• Velma K. Paris changed to monthly service, at a cost of $3 0. 00 per month .

• The Gage Park Field Office changed to quarterly service, at a cost of $40.00 per

quarterly visit

• The Lake Shawnee Marina changed to quarterly service, at a cost of $20.00 per

quarterly visit.

1

4. The SNCO Sheriff Radio Tower-Southeast/Cook Radio Tower, 6449 SE Shawnee

Heights Road, shall be an additional location that includes service upon request, at a cost of

$42.00 per visit.

5. The Shawnee County Weed Department, 2044 SW Western Avenue, shall be an

additional location that will be serviced monthly at a cost of $25.00 per month.

6. Except as amended herein, all terms and conditions of Shawnee County Contract

No. 245-2018 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day

and year first above written.

OZARK INTEGRATED PEST SERVICES

9J~C_~ ~~ Print Name bu r t t1tttrp!t1

Title fa,~cd4t.1 '(' Date 7,Uo,/~c

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

2

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chair

Date: -------------------------

Kroll, Bill

From: Thadani, Joni Sent: To:

Tuesday, July 21, 2020 1:34PM Toby, Brian; Kroll, Bill

Cc: Priddy, Charles Subject: RE: Ozark Amendment

Dear all-

Please find this email as "Approval as to Form and Legality" for the Ozark Integrated Pest Services Contract (Amendment #2 to Shawnee County Contract No. C245-2018 With Ozark Integrated Pest Service, Inc.).

If you have any questions please let me know.

JCT

Joni C. Thadani Assistant Shawnee County Counselor Shawnee County Courthouse 200 SE 7th, Room 100

Topeka, KS 66603 Phone: (785) 251-4042 Fax: (785) 251-4902

From: Toby, Brian

Sent: Tuesday, July 21, 2020 12:09 PM To: Kroll, Bill Cc: Thadani, Joni; Priddy, Charles Subject: Ozark Amendment

Bill,

I confirmed with Chuck on adding the tower, then Guy shot me over new prices for our sites that are added into this amendment. I already had Tim's signature line down so he signed. I think you are good to proceed. Brzon saw it last week without problems but I went ahead and included Joni. Thanks.

~. ? Brian L. Toby Compliance and Grant Supervisor

-~~~ Direct: 785-251-6980 • parks.snco.us

cr~eel!!2!1 (j -

1

" . ...... /·' //

.. l..f·-·-· Shawnee County ··.. · · 7

Department of Public Works ' "

1515 N.W. SALINE STREET· SUITE 200 • TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

CURT F. NIEHAUS, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

MEMORANDUM

Date: August 3, 2020

To: Board of County Commissioners for CONSENT AGENDA

. h , 11 ~y:;:JI~~ From: urt F. N1e aus, P.E. ~ / ·

Director of Public Works

Re: AGREEMENT with AT&T NW Wilson Road Bridge over a Tributary to Halfday Creek I OSN 189 SNCO Project No. S-121013.00

Presented for your consideration and approval is an Agreement between AT&T and Shawnee County for the relocation of AT&T facilities in conflict with the above referenced County bridge replacement project.

The cost of relocation shall be paid as follows: • By AT&T iflocated within existing right-of-way owned by Shawnee County

• By Shawnee County if located within private easement owned by AT&T

AT&T will relocate facilities within existing or purchased right-of-way owned by Shawnee County; therefore, all costs associated with this relocation work will be borne by AT&T.

It is the recommendation of the Public Works Department that this agreement is approved and executed.

attachment

Shawnee County

Project No. S-121013.00

SHAWNEE COUNTY

CONTRACT# C~13-2°.l0

AN AGREEMENT relative to perfonning certain work and/or the occupancy of the County's

Highway Right-of-Way by the facilities of a utility

THIS AGREEMENT, made and entered into by and between AT&T

Distribution. ________ -> hereinafter referred to as the Company, and the Board of County

Commissioners, Shawnee County, Kansas, hereinafter referred to as the County.

WHEREAS, the County intends to replace a bridge on NW Wilson Road over tributary to Halfday Creek, 300 feet south ofNW 941h Street, and

WHEREAS, the County and the Company desire to enter into an agreement relative to occupancy of County Highway right-of-way or the vacating of additional right-of-way to be acquired by the County for the construction of this project; and

WHEREAS, Kansas Statutes, K.S.A. 17-1901 and Case Law provide that certain facilities may occupy space on the County's right-of-way.

NOW THEREFORE, BE IT AGREED:

1. That the Company will maintain, adjust or construct its facilities which are to occupy highway right-of-way as shown by plans for the above numbered project in conformance with the following provisions and/or as shown by the plan and description attached hereto and made a part of this agreement.

2. That the cost of the alterations, if any, shall be paid for as follows:

By the Company if located within existing road right-of-way

By the County if located within private easement,

3. That the construction or alterations of the Company's facilities, if any, shall be completed within 60 calendar days after the County furnishes to the Company the information indicated in Items 7 and 8 of this agreement and notifies the Company in writing that the right-of-way has been acquired and any necessary alterations may proceed.

4. That the Company will repair any damage to the County's right-of-way caused by actions of the Company or its contractor.

5. That the Company will maintain its facilities in a manner which will not endanger the vehicular traffic on the highway.

6. That, in the event future highway improvements necessitate the removal or adjustment of said facilities now located on highway right-of-way and/or such facilities relocated on newly acquired right-of-way for the construction of this Project, the Company will, upon request of the County, make such adjustments as required to accommodate any future highway improvement at no cost to the County. This provision will not apply to locations where the facilities are presently located on private easement which is included in any additional right-of-way acquired for this project and on which no alterations in the facilities are presently required.

7. That the County will furnish the Company copies of the plans for the Project.

8. That the County will provide control points for the use of the Company in locating its facilities.

IN WITNESS WHEREOF the parties hereto have duly executed this agreement, in triplicate, on this

__ day of , 20_.

BOARD OF COUNTY COMMISIONERS SHAWNEE COUNTY, KANSAS

Bill Riphahn, Chair

ATTEST:


COMPANY

ATt-r (Company or Firm Name)

!\•(\() By:_J~~~=-~~~~~~~----

(Slgnature of Authorized Agent}

Title: tl\~.C 0! ,CC

Ptc~E<'T # Ac/JJ (0 K bY 'P .(l NT'S { ·l-

U~ ,•.,...._~....J (e~\,\ 1~,) ,.. {t {it/ :l.~

RECOMMENDED BY:

Pusch, Tabitha

From: Sent: To:

Brzon, Jonathan Monday, August 03, 2020 8:55AM Pusch, Tabitha

Subject: Re: Public Works Contract w/ ATT

Approved as to form and legality JCB

On Aug 3, 2020, at 8:51AM, Pusch, Tabitha <[email protected]> wrote:

Jonathan,

Please review and approve as to Form and Legality.

Thank you,

Tabitha Pusch Legal Office Manager Shawnee County Counselor's Office 200 SE 7th Street- Room 100 Topeka, KS 66603 Ph: (785) 251-4042 Fax: (785) 251-4902

<PW Contract with ATT.pdf>

1

Shawnee County DEPARTMENT OF HUMAN RESOURCES

Angela K. Lewis, Director 200 SE ih, Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435

Fax (785) 251-4901, www.snco.us

MEMORANDUM

TO: Board of County Commissioners

FROM: Angela K. Lewis, Director of Human Resources

DATE: July 28, 2020

RE: Fill BC1008 Media Coordinator

Please place this item on the Agenda for Thursday, August 6, 2020.

The Commission is taking action to fill BC 1 008 Media Coordinator CLAS 13/16 with a minimum annual salary range including benefits of$77,162.16 Stephany Kuhlman will assume

the newly created position on August 10, 2020. This position will play a vital role for Shawnee

County and the Board of County Commissioners.

Funding for this position will come from the reclassification of an existing position in the

Information Technology Department.

If you have any questions or concerns please feel free to contact me at 785-251-4440.

Cc: Betty Greiner, Director of Administrative Services James Crowl, County Counselor

[:j I ..

Public Health Prevent. Promote. Protect.

· Shawnee County Health Department

July 30, 2020

TO:

FROM:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Directorh.D

Shawnee County Health Department

Linda K. Ochs, Director 2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696 www.shawneehealth.org

RE: Approval to Create and Fill an Infectious Disease Administrative Assistant position

Action requested: Approval to create and fill an Infectious Disease Administrative Assistant position in the Shawnee County Health Department (SCHD) and any subsequent positions which result from filling this position. The annual salary and benefits will be $46,248 and will be paid out of the Kansas Department of Health and Environment Epidemiology and Laboratory Capacity Cooperative Agreement (ELC) Grant.

COVID-19 has presented some unique and considerable challenges for the SCHD. We have managed the outbreak with staff members from multiple programs, many of which had to be completely stopped to deal with the pandemic. We anticipate having to continue response activities for the foreseeable future including testing, rapidly identifying and investigating new cases and conducting contact tracing and monitoring of those who have been exposed. These activities require working seven days a week which has stretched the capacity of SCHD to its limits.

SCHD has created the Infectious Disease Division. The Administrative Assistant will provide clerical support to the Division Manager, Health Services Team Leader and Epidemiologist in this division. They will assist with data entry and record keeping for persons in isolation and quarantine. The person in this position will provide other support functions as needed for the COVID-19 response and any other outbreaks that may occur.

The annual salary and benefits for this position are calculated at $46,248. The salary and benefits for this position will be paid with the ELC Grant

Range 9 Step 1 $14.47/hr x 2,080 hrs = $30,098 Benefits $16,150 TOTAL $46,248

Effective Date: To be determined based on approval of this request Department Name: Shawnee County Health Department Pay Class: 140 PCN: To be determined based on approval of this request Job Title: Infectious Disease Administrative Assistant Job Code: 41730

Healthy People- Healthy Environment- Healthy Shawnee County

Board of County Commissioners Shawnee County, Kansas July 30, 2020 Page2

Division: LHD Check Distribution: HA07 Calendar: FTEAmount: Salary Index Key: Wage: Anniversary Date:

Hourly 1.0 CLAS/09/01 $14.47 per hour To be determined based on approval of this request

Annual Leave Accumulation: Starting at 4 hours per pay period and increasing under the regular intervals as prescribed in the Human Resources Policy Manual

LKO/jmp C: Betty Greiner, Director of Administrative Services

Angela Lewis, Shawnee County Human Resources Director Edith Gaines, SCHD Finance Officer Derik Flerlage, Infectious Disease Division Manager


0 .

.

c Shawnee County Health Department ( • ( b\

Linda K. Ochs, Director V Public Health Prevent. Promote. Protect.

Shawnee County Health Department

July 30, 2020

TO: Board of County Commissioners of the County of Shawnee, Kansas

FROM: Linda K. Ochs, Director 'X._tv

2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696 www.shawneehealth.org

RE: Approval to Create and Fill an Infectious Disease Health Services Team Leader position

Action requested: Approval to create and fill an Infectious Disease Health Services Team Leader position in the Shawnee County Health Department (SCHD) and any subsequent positions which result from filling this position. The annual salary and benefits will be $70,533 and will be paid out of the Kansas Department of Health and Environment Epidemiology and Laboratory Capacity Cooperative Agreement (ELC) Grant.

COVID-19 has presented some unique and considerable challenges for the SCHD. We have managed the outbreak with staff members from multiple programs, many of which had to be completely stopped to deal with the pandemic. We anticipate having to continue response activities for the foreseeable future including testing, rapidly identifying and investigating new cases and conducting contact tracing and monitoring of those who have been exposed. These activities require working seven days a week which has stretched the capacity of SCHD to its limits.

SCHD has created the Infectious Disease Division. The Health Services Team Leader will work in the new division and assist with case investigations for COVID-19 and any other outbreaks. They will supervise permanent, intermittent and temp agency staff assigned to this division. The person in this position will also work with community partners in the COVID response.

The annual salary and benefits for this position are calculated at $70,533. The salary and benefits for this position will be paid with the ELC Grant

Range 17 Step 1 $24.20/hr x 2,080 hrs = $50,336 Benefits $20,197 TOTAL $70,533

Effective Date: To be determined based on approval of this request Department Name: Shawnee County Health Department Pay Class: 140 PCN: To be determined based on approval ofthis request Job Title: Infectious Disease Health Services Team Leader Job Code: 19098 Division: LHD


Board of County Commissioners Shawnee County, Kansas July 30, 2020 Page2

Check Distribution: HA04 Calendar: FTEAmount: Salary Index Key: Wage: Anniversary Date:

Hourly 1.0 CLAS/17/01 $24.20 per hour To be determined based on approval of this request

Annual Leave Accumulation: Starting at 4 hours per pay period and increasing under the regular intervals as prescribed in the Human Resources Policy Manual

LKO/jmp C: Betty Greiner, Director of Administrative Services

Angela Lewis, Shawnee County Human Resources Director Edith Gaines, SCHD Finance Officer Derik Flerlage, Infectious Disease Division Manager


Date:

To:

From:

Re:

SHAWNEE COUNTY DEPARTMENT of PUBLIC WORKS

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

MEMORANDUM

August 3, 2020

Board of County Commissioners

Curt F. Niehaus, P.E. Director of Public Works

County Engineer

Curt F. Niehaus, P.E. ~~4"~ Director of Public Works

Amendment #3 to Contract C102-2015 with Emcon Inc. for "On-Call" Emergency Wastewater Collection System Repair Services

The Shawnee County Department of Public Works (SCDPW) is requesting approval of Amendment No.3 to Contract Cl02-2015 with Emcon Inc. ofBenyton, KS. This contract extends "on-call" emergency wastewater collection system repair services for the 12-month period beginning September 1, 2020 and ending August 31, 2021.

Except as amended by the subject of this memorandum, all terms and conditions of contract C 102-2015 remain unchanged.

Corresponding to the specific location of the repairs, funding sources for services covered under this amendment and original contract Cl02-2015 will be the following:

Sewer District 2- 12SSOOO 2560 Sewer District 6- 12SSOOO 2580 Sewer District 65 (Deerbrook Subdivision)- 12SSOOO 3500 Sherwood Regional Wastewater Treatment System -12SSOOO 2690

Compensation for· services shall be in accordance with Attachment B of attached Contract C 102-2015.

The County Counselor's office has reviewed and approved the attached Amendment for form and legality.

Since this contract has proved beneficial to the SCDPW the department is recommending approval of this extension. So far during the period covered by Amendment #1 and 2 (beginning September 1, 20 18), Em con Inc .. has been paid a total of approximately $467,800 for the replacement of pump station 60 (2019) and two collection system repairs (2019 & 2020), all within the Sherwood Regional Wastewater Treatment system.

SHAWNEE COUNTY CONTRACT NO. C- '-7t'f-2020

AMENDMENT #3 To SHAWNEE COUNTY CONTRACT No. Cl02-2015 WITH EMCON INC.

Av9vst THIS CONTRACT is agreed to this ___ day of ~' 2020, by and between THE

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (THE COUNTY),

and EMCON, INC. (THE CONTRACTOR).

WHEREAS, the parties executed Shawnee County Contract No. CI02-2015, hereinafter

referred to as the "Contract" for "On-Call" Emergency Wastewater Collection System Repair

services; and

WHEREAS, the County and the Contractor now desire to extend the Contract for a new

one (1) year term and make certain amendments to the services, compensation and project

schedule provisions as set forth herein;

NOW, THEREFORE, be it resolved that the Contract (Shawnee County Contract No.

C 102-20 15) be amended as follows:

l. ARTICLE 1- TERM is hereby amended to read as follows:

The effective date of this Agreement shall be September 1, 2020. This Agreement shall terminate on August 3 1, 2021.

2. Except as amended herein, all terms and conditions of Shawnee County Contract

No. Cl02-2015 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day

and year first above written.

EMCONINC.

Tony By: Emerson . /

Date: 21 Jul 20

ATTEST:

Olgltally slgn<!d byTonyErn<!rson ; DN: en= Tony Emerson, o=Emcon,

Inc., ou, email,tony~.emcon,us, o-US Date: 20:Z0.07.2115:53:4o-o5'00'


2

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chair

Niehaus, Curt

From: Sent: To:

Brzon, Jonathan Monday, August 03, 2020 11 :56 AM Niehaus, Curt

Subject: Re: Signed Contract Extension - On-call emergency wastewater system repairs

Approved as to form and legality.

PS- It's ok to change the date to August since it will be fully executed in August.

JCB

On Aug 3, 2020, at 11:36 AM, Niehaus, Curt <[email protected]> wrote:

Jonathan,

EmCon has signed that attached contract extension. As such please look it over for form and legality.

An updated Certificate of Insurance is also attached.

Is it OK to cross out the July (agreement date) and write in August?

Thanks

Curt Niehaus Ext. 6077

From: Hunt, Jeff Sent: Monday, August 03, 202011:18 AM To: Niehaus, Curt Subject: FW: Signed Contract Extension

From: Tony Emerson [mailto:[email protected]] Sent: Tuesday, July 21, 2020 3:55PM To: Hunt, Jeff <[email protected]> Cc: Jill Gustin <[email protected]> Subject: Signed Contract Extension

Jeff,

Attached please find a signed copy of the extension. You should have received a current Cert of Insurance earlier today. Please let me know if there is anything else you need.

1

ACORD® CERTIFICATE OF LIABILITY INSURANCE l DATE (MM/DDIYYYY)

~ 0712112020

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).

PRODUCER ~2~~~CT Lisa M. Parkhurst, CISR, CRIS

Peoples/Commercial insurance Svcs. m~>NJ. . Fvtl• 785-271-8097 I r.e~ Nol: 785-271-8085

1415 SW Topeka Blvd. ~~D'fl~ss: [email protected]

INSURER(S) AFFORDING COVERAGE NAIC# Topeka KS 66612-1818 INSURER A: Cincinnati Insurance Company 10677

INSURED INSURER B: Midwest Builders Casualty Mutual 13126

EMCON, Inc. INSURERC: PO Box 36 INSURERD:

INSURER E: Berryton KS 66409 INSURER F:

COVERAGES CERTIFICATE NUMBER· 20200721124014860 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ~~~6- ~~ I ~~ID-J%M'0r~ li~~J%M~1 LIMITS LTR POLICY NUMBER

eX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000

p CLAIMS-MADE ~ OCCUR ~~~~~~~ YE~~b7~ncel $ 300,000 ~

10,000 !--

MED EXP (Any one person) $

A y N EPP 0528640 03/18/2019 03/18/2022 PERSONAL & ADV INJURY s 1,000,000 !--==r'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000

POLICY [X] ~~8i D LOC PRODUCTS -COMP/OP AGG $ 2,000,000

OTHER: $

AUTOMOBILE LIABILITY ri:~~~d~~~~INGLE LIMIT $ 1,000,000 )< ANYAUTO BODILY INJURY (Per person) $

A !--OWNED - SCHEDULED N N EBA0528640 03/18/2020 03/18/2021 BODILY INJURY (Per accident) $

)< AUTOS ONLY x AUTOS HIRED NON-OWNED ife?~~J.~gAMAGE s

!-- AUTOS ONLY ~ AUTOS ONLY $

X UMBRELLA LIAB rx1 OCCUR EACH OCCURRENCE $ 5,000,000

A excess LIAB CLAIMS-MADE N N EPP 0528640 03/18/2019 03/18/2022 AGGREGATE s 5,000,000

DEDI I RETENTION$ $ WORKERS COMPENSATION XlmTuTe I _LOTH-AND EMPLOYERS' LIABILITY ER

Y/N 1,000,000 B

ANYPROPRIETOR/PARTNER/EXECUTIVE D N/A N WC200-0003299-2020B 03/18/2020 03/18/2021 E.L. EACH ACCIDENT $

OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE- EA EMPLOYEE $ 1,000,000

~~~M~fPJ~ ~n~gPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000

Limit $500,000

A Leased/Rented Equipment N N EPP 0528640 03/18/2019 03/18/2022 Deductible $1,000

DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)

RE: "On-Call" Emergency Wastewater Collection System Repair Services Shawnee County Public Works is listed as additional insured as respects to General Liability, when required by written contract.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

BOARD OF COUNTY COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS.

SHAWNEE COUNTY PUBLIC WORKS

1515 NW SALINE AUTHORIZED REPRESENTATIVE ~ m. ~ Topeka KS 66618

I © 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

Contract No.-----Project No. _ _.:.... __ _

SHAWNEE COUNTY CONTRACT NO. c I 0 ~ - :L 0' IS AGREEMENT FOR "ON-CALL" EMERGENCY WASTEWATER COLLECTION SYSTEM REPAIR

. SERVICES

TillS AGREEMENT, is between the Board of County Commissioners of the County of Shawnee, Kansas (County)

and EMCON, Inc. (Contractor)j

WITNESSETH:

WHEREAS, the County wishes to employ the Contractor to provide Emergency Wastewater Collection System

Repair Services on an "On-Call" basis. These "On-Call" repair services include providing labor, materials and

equipment as necessary to rapidly respond to a declared emergency wastewater system condition for repair requested

by the County or their designated representative in connection with a declared emergency on behalf of or in service

of the County in an official capacity (the Services); and,

WHEREAS, the Contractor is prepared to provide the Services;

NOW THEREFORE, in consideration of the promises contained in this Agreement, the County and Contractor

agree to the following:

ARTICLE 1 -TERM

The effective date of this Agreement shall be 4 ~ I - ·ZOIS This Agreement shall terminate on

_:J:;._·.....;':;'-\'----=2.::;;.0__:_\ 'l-'---' The parties may agree, in writing, to extend the term of this Agreement for an additional

one (1) year period.

ARTICLE 2 ·GOVERNING LAW

This Agreement shall be governed by the l~ws of the State of Kansas and the codes of Shawnee County, Kansas.

ARTICLE 3 - SERVICE.S TO BE PERFORMED BY CONTRACTOR

Contractor shall provide the Services described in Attachment A, Scope of Services.

1 6/11/14

ARTICLE 4- COMPENSATION

County shall pay Contractor in accordance with the Attachment B, Compensation.

ARTICLE 5-OWNER'S RESPONSffiiLITIES

Contract No.----Project No.-----

County 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- STANDARD OF CARE

Contractor shall exercise the same degree of care, ski11, and diligence in the performance of Services as is ordinarily

possessed and exercised by a contractor under similar circumstances.

ARTICLE 8- INDEMNIDCATION AND INSURANCE

Contractor hereby agrees to indemnify and hold harmless County 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 County and any of its officers,

employees or elected officials for personal injury or property damage caused by and suffered during Contractor's

negligent perfonnance of Services under this Agreement. Contractor specifically agrees that this duty to indemnify

and hold harmless will apply to the following:

a. Claims, suits, or action for personal injury or property damage when such suits or actions arise

fro!" the alleged negligent acts, or errors, of the Contractor, its employees, agents, or

subcontractors caused and suffered during the performance of the Services.

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

the Contractor, its employees, agents, or subcontractors caused and sufff)fed during the

performance ofthe Services.

Contractor shall purchase and maintain such commercial general liability and other insurance in accordance with

attached EJd1ibit "A".

2 6/11114

Contract No, ____ _ Project No. ____ _

ARTICLE 9- TERMINATION

This Agreement may be tenninated 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. County may terminate or suspend performance of

this Agreement for County's convenience upon written notice to Contractor. Contractor shall terminate or suspend

performance of the Services on a schedule acceptable to County. Ifthis Agreement is terminated by County, the

County shall pay Contractor for all Services performed prior to the date of the termination notice.

ARTICLE 10- COMMUNICATIONS

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

Contractor: EmCon, Inc. POBox36 Berryton, Kansas 66409 (785) 862-7711

County: Board of County Commissioners Shawnee County Public Works Department 1515 NW Saline Topeka, KS 6~18 (785) 251-6101

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

between representatives of Contractor and County.

ARTICLE 1i ·WAIVER

A waiver by either County or Contractor of any breach of this Agreem~nt ~hall be in writing. Such a waiver shall

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

ARTICLE 12 ~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 i!1 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 finiher agree to amend this Agreement to replace any stricken

3 6/11114

Contract No. ____ _ Project No. ____ _

provision with a valid provision that comes as close as possible to the intent ofthe 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 13 ~INTEGRATION

This Agreement, the attached exhibits and the County's Contractual Provisions Attachment- represent the entire

and integrated agreement between County and Contractor.

ARTICLE 14 ~SUCCESSORS AND ASSIGNS

County and Contractor 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 ofthis Agreement.

ARTICLE 15 ~ASSIGNMENT

Neither ·County nor Contractor shall assign any rights or duties Wlder 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 Contractor from employing independent subcontractors to assist in the performance of the Services;

however, other agreements to the contrary notwithstanding, in the event Contractor employs independent

subcontractors to assist in performance of the Services, Contractor shall be solely responsible for the negligent

performance of the subcontractors so employed.

ARTICLE 16 ~THIRD PARTY RIGHTS

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

Contractor.

ARTICLE 17 -RELATIONSIDP OF PARTIES

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

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

4 6/11/14

Contract No.-----Project No. ____ _

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

conditions of this Agreement.

IN WITNESS WHEREOF, County and Contractor have executed this Agreement.

ATTEST:

_Shawnee County Clerk

Date

THE BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chair

5

Approved as to Logality and Fo;m: Date ~'1 ~ tr

•·•-· .............. ·- ...,. _ .. -· .... _ ..... - ..--v-< • \'""" .• ,... • • ~'-'• Orr.J¥'o..,J• ,..,_. L-Vt(.

6/11114

900

Attachment To Shawnee County Contract c. __ _

CQNTRACTIJAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions arc hereby incorporated into tho contract to which It Is attached and made a part thereat; said contract being dated Ute ___ day of 201_.

1. l)TIMS HEBEINCoNI'ROL'tJNG PRoVISIONS. It is expressly agreed Utat the tenns of each and every provision In this attachment shall prevail and control over Ute tenns of any other conflicting provision in any oUter document relating to and a part of the contract in which Utis attachment Is incorpofl!_tcd. ·

2, AGI!EEMENT Wlm KANS,4S LAW. It Is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or Incident to Utls contract shall be litigated, if at all, In and before a Court located In the State of Kansas, U.S.A, to Ute 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 ofKWJsas.

3. TERMINAJION DUE TO l.t\CK OF J7UNDING APPROPRIATION. Shawnee County Is subject to the Kansas Cash Basis Law, K.S.A 10..1101 e( seq. n: in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue Ute function perfonned in this agreement and for the payment of Ute charges hereunder, County may tenninate this agreement at Ute end of its current fiscol year. County agrees to give written notice of tenninatlon to contractor at least thirty (30) days prior to the end of its current fiscal year. Contractor shall have the right, at the end of such :fiscal

·year, to take possession of any of contractor's equipment, leased or otherwise, provided to County under Ute contract. County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractuul charges incidental to tho return of any such equipment, Upon tennlnation of the agreement by County, title to and possession of any equipment purchased by the County under the contrnct, but not fully paid for, shall revert to contractor at the end of County's current fiscal year. Tho tcnnination of the contract pursuWJt to this paragn~ph shall not cause any penalty to be charged to the County or Ute contractor.

4. DISCLAIMER OF LlhBILirY. Ne!Uter tho County of Shawnee nor any department. Utcreof shall hold harmless or IndemnitY any contractor for any liability wha1lloever.

5. Ar;n·DISCBIMJNA'QON CLAtiSE. The contractor agrees: (a) to comply with the KWJsas Act Against Discrimination (K.S.A. 44-1001 etaeq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 el seq.) and Ute applicable provisions of Ute 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, disabillty, nationul origin or anccs!Jy, or age In the admission of access to or treatntent or employment in, its programs or activities; (b) to include In all solicitations or advertisements for employ~. Ute 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 Utose provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) Utet 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 . Ute Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) If the contracting agency detennlnes that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) lf(e) or (t) occurs, the contract may be cancelled, tenninated or suspended In whole or in part by the Courity, Parties to this contract understand Utot subsections (b) through (e) of this paragraph numberS are not applicable to a contractor who employs fewer than four employees or whose conll'act with the County totals $5,000 or less during this fiscal year.

6


6. ACC§PTANCE OF CONTRAct. This contract shall not be considered accepted, approved or oUte!Wise effective until the requincd approvals and certifications have been given and this is signed by the Board of County Commissioners oftlte County of Shawnee, Kansas.

7. ARBITRATION, l>AMAGE9, WABRANTJES. Notwithstanding any language to the contrary, no Interpretation shall be allowed to find Ute County has agreed to binding arbitration, or the payment of damages or penalties upon Ute occurrence of a contingency. FurUter, 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 oUterwlse attempt to limit implied warranties of merohWJtability Wld fitness for a particular puiJlOSe.

8. REI'BP.SENTATIVE'S AI!lJlORil'Y To CONTRACf· By signing this document, the representative of the contractor thereby represents that such person is duly auUtorlzed by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by tho provisions Utereof.

9. REsfQNSmiLm FoB TA'XE$. The County sholl 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. INSUBANCE. 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 Ute provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq,), Ute vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

BOARD OF COlJNTY COMMISSIONERS SHA WNEB COUNTY, KANSAS

Chair

Date:

ATI'EST:

Cynthia A. Beck. Shawnee County Clerk

6/11/14

ATTACHMENT A TO

Contract No.-----Project No, ____ _

AGREEMENT FOR "ON-CALL" EMERGENCY WASTWATE COLLECTION SYSTEM REPAIR SERVICES

County: Contractor: Project Name:

Board of County Commissioners, Shawnee County, Kansas EmCon,Jnc. "On-Call" Emergency Wastewater Collection System Repair Services

SCOPE OF SERVICES

BASIC SERVICES TO BE PROVIDED

The Contractor agrees to provide the following services.

l. Contractor shall provide all Labor, Equipment and Materials necessary to facilitate effective Emergency Wastewater Collection System Repair Services as directed by the County.

2. Contractor 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.

3. Contractor shall meet with County to discuss the progress of the work during prosecution of work by the Contractor.

7 6/11114

ATIACHMENT B TO


AGREEMENT FOR "ON-CALL" EMERGENCY WASTW ATE COLLECTION SYSTEM REPAIR SERVICES

.County: Contractor:

Board of County Commissioners, Shawnee County, Kansas EmCon,Inc.

Project Name: "On-Call" Emergency Wastewater Collection System Repair Services

COMPENSATION

For tht? services covered by this Agreement. the County agrees to pay the Contractor as follows:

For the Basic Services described in Attachment A, Item 1-3. Payments for services provided shall be as follows:

A. Cost of the Work:

1. The term Cost of the work means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by County, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 3.

' a. Payroll costs for employees in the direct employ ofContractorin the performance of the Work under schedules of job classifications agreed upon by County and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superjntendents and foremen at the site. The expenses ofperformillg Work after regular working hours shall be included in the above to the extent authorized by County. ·

b. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof: and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless County deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to County. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment sha1l accrue to County, and Contractor 11hall make provisions so that they may be obtained. ·

c. Payments made by Contractor to the Subcontractors for Work performed by Subcontractors. If a sub()ontractprovides that the Subcontractor is to be paid on the basis ofCostofthe Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as Contractor's Cost of the Work. All subc.ontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.

2. Supplemental costs including the following:

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a. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of Contractor.

c. All construction equipment and machinery and the parts thereof whether owned, leased or rented by the Contractor shall be compensated for at rates no higher than those shown in FHW Schedule-Equipment Rates, latest edition.

d. Any applicable taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations.

e. The cost of utilities, fuel and sanitary facilities at the site.

f. Minor expenses such as telegrarils, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work.

3. The term Cost of the Work shall not include any of the following:

a. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general manager, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and conlracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in Contractor's principal or a branch office for general administration of the work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph la

b. Expenses of Contractor's principal and branch offices other than Contractor's office at the site.

c. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent pa0nents.

d. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any ofthem m!iY be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property.

e. Other overhead or general expellile costs of any kind and the costs of any item not specifically and expressly included in paragraph 1,

B. Contractor's Fee:

1. The Contractor's Fee allowed to Contractor for overhead and profit shall be determined as follows:

a. A mutually acceptable fiXed fee; or if none can be agreed upon,

b. A fee based on the following percentages of the various portions of the cost of the Work:

b(l). For costs incurred under paragraphs 1 a and 1 b, the Contractor's Fee shall be fifteen percent;

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b(2). For costs incurred under paragraphs lc, the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a fee, the subcontractor fee for overhead and profit shall be fifteen percent;

b(3). No fee shall be payable on the basis of costs itemized lUlder paragraph 2;

b(4). The amount of credit to be allowed by Contractor to County for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in Contractor's Fee by an amoWlt equal to ten percent of the net decrease; and

b(S). When both additions and credits are involved in any one change, the adjustment in Contractor's Fee shall be computed on the basis of the net change in accordance with paragraphs b(l) through b(4), inclusive.

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

. .

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ATTACHMENT C TO


AGREEMENT FOR "ON-CALL" EMERGENCY WASTW ATE COLLECTION SYSTEM REPAIR SERVICES


Board of County Commissioners, Shawnee County, Kansas EmCon,Inc. "On-Call" Emergency Wastewater Collection System Repair Services

COUNTY'S RESPONSffiiLITIES

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

1. Make available to the Contractor all records, reports, maps, and other data pertinent to provision of the services required under this co~tract.

2. Designate one Shawnee County employee as the County representative with respect to all services to be rendered imder this agreement. this individual shall have the authority to transmit instructions, receive infonnation and to interpret and define the County's policies and decisions pertinent to the Contractor's services.

3. Issue notices to proceed to the Contractor for services.

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ATTACHMENT D TO




Board of County Commissioners, Shawnee County, Kansas EmCon,Inc. "On-Call" Emergency Wastewater Collection System Repair Services

SUPPLEMENTAL AGREEMENTS

County arid Contractor agree that the following communications, representations, and agreements by Contractor, whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall become a part of the Agreement.

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ATIACHMENf E TO




Board of County Commissioners, Shawnee County, Kansas BmCon, Inc. "On-Call" Emergency Wastewater Collection System Repair Services

PROJECT SCHEDULE

County and Contractor recognize that time is of the essence of the Agreement and that Coooty will suffer financial loss if the work is not initiated within 24hours of notification by County. It is understood and agreed:

1. That the Contractor shall start the performance of Services within 24 hours of receipt of a notice to proceed in writing, by phone, email or fax and shall complete the work in prompt and workmanlike manner.

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Contractor's Liability Insurance:

EXHIBIT"A" CONTRACTOR FURNISHED INSURANCE

5.3. Contractor.shall purchase and maintain such commercial general liability and other insurance as is appropriate for the Project and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:

5.3 .I. Claims under ~orkers' or workmen's compensation, disability benefits and other similar employee benefit acts, including "all-states" endorsement, as per state and federal statutory requirements.

5.3.2. Employers Liability Insurance covering claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees with a $500,000.00 each person, limit.

5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees;

5.3.4. Claims for property damages, other than to the Work itselt: because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom;

5.3.5. Glairns arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and

5.3.6. The commercial general liability insurance required under paragraphs 5.3.3 ·through 5.3.5 shall have the following specific coverages:

(l) Bodily Injury (including completed operations and products liability):

$ 500,000 $1,000,000

Property Damage:

Each Occurrence Annual Aggregate

$ 500,000 Each Occurrence $1,000,000 Annual Aggregate or a combined single limit of $1,000,000

(2) Personal Injury, with employment exclusion deleted:

$1,000,000 Annual Aggregate

(3) Excess Liability:

Bodily Injury and Property Damage Combined:

$1,000,000 $1,000,000

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The commercial general liability insurance shall include completed operations insurance. Property Damage liability insurance shall be provided with coverages for explosion, collapse, and underground hazards, where applicable. The County shall be named as an additional insured on the Contractor's general liability policy.

5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. Coverages for hired car and employee non-owned auto liability shall also be provided. The coverage limits shall be:

(1) Bodily Injury:

$ 500,000 $1,000,000

(2) Property Damage:

Each Person Each Occurrence

$ 500,000 Each Occurrence or a combined single limit of $1,000,000

Contractual Liability Insurance:

5.4. The commercial general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to Contractor's obligations under paragraphs 6.30 and 6.31. The coverage limits shall be:

(1) Bodily Injury:

$ 500,000

(2) Broad Form Property Damage:

$ 500,000 $1,000,000

Each Occurrence

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