Kansas Register Vol. 40, No. 6 February 11, 2021 - Kansas ...

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Kansas Register
Vol. 40, No. 6   February 11, 2021   Pages 171-204
172                                                                                                                                                          Table of Contents
                                                                                  Kansas Register
In this issue …                                                                                                                    Page           The Kansas Register (USPS 0662-
                                                                                                                                                  190) is an official publication of the
Rates                                                                                                                                             state of Kansas, published by au-
   Pooled Money Investment Board                                                                                                                  thority of K.S.A. 75-430. The Kansas
                                                                                                                                                  Register is published weekly and a
     Notice of Investment Rates.....................................................................................................173           cumulative index is published an-
                                                                                                                                                  nually by the Kansas Secretary of
Notices                                                                                                                                           State. One-year subscriptions are
                                                                                                                                                  $80 (Kansas residents must include
   Kansas Department of Administration – Office of Accounts and Reports
                                                                                                                                                  applicable state and local sales tax).
     Notice of Petroleum Storage Tank Release Trust Fund Unobligated Balances...............173                                                   Single copies, if available, may be
   City of Overland Park, Kansas                                                                                                                  purchased for $2. Periodicals post-
     Notice of Public Information Meeting..................................................................................173                    age paid at Topeka, Kansas.
   Board of Regents Universities                                                                                                                  POSTMASTER: Send change of ad-
     Notice to Bidders......................................................................................................................173   dress form to Kansas Register, Sec-
   Kansas Department of Administration – Office of Procurement and Contracts                                                                      retary of State, 1st Floor, Memorial
                                                                                                                                                  Hall, 120 SW 10th Ave., Topeka, KS
     Notice to Bidders for State Purchases...................................................................................174
                                                                                                                                                  66612-1594.
   Kansas Department of Revenue – Division of Vehicles
     Notice of Intent to Establish a New Line-Make for an Existing New                                                                            © Kansas Secretary of State 2020.
       Motor Vehicle Dealer............................................................................................................174        Reproduction of the publication in
                                                                                                                                                  its entirety or for commercial pur-
   Wichita State University                                                                                                                       poses is prohibited without prior
     Notice of Intent to Lease Land and/or Building Space.......................................................174                               permission. Official enactments of
   Kansas Department of Health and Environment                                                                                                    the Kansas Legislature and pro-
                                                                                                                                                  posed and adopted administrative
     Notice of Proposed Permit Renewal Action (Corrected)....................................................175
                                                                                                                                                  regulations of state agencies may
     Notice Concerning Proposed Air Quality Class I Operating Permit Renewal...............176                                                    be reproduced in any form without
     Notice Concerning Water Pollution Control Permits and Applications..........................176                                              permission.
   Kansas Department of Transportation
                                                                                                                                                  Hard copy subscription information
     Notices to Consulting Firms for Construction Inspection Projects.......................... 179-181
                                                                                                                                                  and current and back issues of the
     Notice to Consulting Firms for Rail Grade Crossing Action Plan....................................182                                        Kansas Register (PDF Format) can
   Kansas & Oklahoma Railroad                                                                                                                     be found at the following link: http://
     Request for Proposals for New Construction of Siding Track..........................................183                                      www.sos.ks.gov/publications/pubs_
                                                                                                                                                  kansas_register.asp.
Bonds
   City of St. John, Kansas
     Notice of Intent to Seek Private Placement General Obligation Bonds...........................184
   City of Wellington, Kansas                                                                                                                            Register Office:
     Notice of Intent to Seek Private Placement General Obligation Bonds...........................185                                              1st Floor, Memorial Hall
                                                                                                                                                          785-368-8095
Legislative Branch                                                                                                                                   kansasregister@ks.gov
   Legislative Administrative Services
     Legislative Bills and Resolutions Introduced January 28-February 3..............................185

Regulations
   Kansas State Board of Technical Professions
    Notice of Hearing on Proposed Administrative Regulation.............................................190
   Kansas Real Estate Appraisal Board
    Notice of Hearing on Proposed Administrative Regulation.............................................190
   Kansas Insurance Department
    Permanent Administrative Regulations...............................................................................191
   Kansas Department of Agriculture
    Permanent Administrative Regulation.................................................................................191
   Kansas Lottery
    Temporary Administrative Regulations...............................................................................192                                Published by
                                                                                                                                                          Scott Schwab
Index to administrative regulations..............................................................................200                                    Secretary of State
                                                                                                                                                    1st Floor, Memorial Hall
                                                                                                                                                        120 SW 10th Ave.
                                                                                                                                                     Topeka, KS 66612-1594
                                                                                                                                                          785-296-4564
                                                                                                                                                        www.sos.ks.gov
Cover Artwork: Snow Storm, Manhattan, Riley County
Photo by Todd Caywood

© Kansas Secretary of State 2021                                    Vol. 40, No. 6, February 11, 2021
Rates/Notices                                                                                                                                 173
                                                                    Kansas Register
State of Kansas                                                                • You may also be asked to enter your name and your
          Pooled Money Investment Board                                          email address.   
                                                                               To listen to the meeting by phone follow the directions
                   Notice of Investment Rates                                on the above webpage.
  The following rates are published in accordance with                         Please contact Tony Rome, Senior Civil Engineer, at the
K.S.A. 75-4210. These rates and their uses are defined in                    City of Overland Park at 913-895-6001, if you have any
K.S.A. 12-1675(b)(c)(d) and K.S.A. 12-1675a(g).                              questions about the meeting.
                                                                               If you need special accommodations for the meeting,
               Effective 2-8-21 through 2-14-21                              call 913-895-6155 (Kansas Relay Service 1-800-766-3777).
             Term                           Rate                             Please give 48-hours’ notice.
          1-89 days                        0.08%                               Si requière asistencia en español, favor de llamar a Ed
           3 months                        0.01%                             Reyes al 913-895-6047.
           6 months                        0.04%
          12 months                        0.07%                                                    Jennifer Gilbert, Contract Specialist
          18 months                        0.08%                                                             Public Works Department
            2 years                        0.10%                                                                 City of Overland Park
                                                                             Doc. No. 048850
                                                         Scott Miller
                                            Director of Investments          State of Kansas
Doc. No. 048843
                                                                                         Board of Regents Universities
State of Kansas
                                                                                                  Notice to Bidders
           Department of Administration
                                                                                The universities of the Kansas Board of Regents en-
           Office of Accounts and Reports                                    courage interested vendors to visit the various universi-
                                                                             ties’ purchasing offices’ websites for a listing of all trans-
                                                                             actions, including construction projects, for which the
                            Public Notice
                                                                             universities’ purchasing offices, or one of the consortia
                                                                             commonly utilized by the universities, are seeking infor-
  Under requirements of K.S.A. 65-34,117(c), as amend-                       mation, competitive bids, or proposals. The referenced
ed, records of the Office of the Chief Financial Officer                     construction projects may include project delivery con-
show the unobligated balances are $5,599,767.32 in the                       struction procurement act projects pursuant to K.S.A. 76-
Underground Petroleum Storage Tank Release Trust                             7,125 et seq.
Fund and $2,326,416.34 in the Aboveground Petroleum
                                                                             Emporia State University – Bid postings: https://www.
Storage Tank Release Trust Fund at January 31, 2021.   
                                                                             emporia.edu/about-emporia-state-university/business-
                                           Annette Witt, Manager             office/purchasing/. Additional contact info: phone: 620-
                                  Office of Accounts and Reports             341-5134, fax: 620-341-6770, email: purchaseorders@
Doc. No. 048844                                                              emporia.edu. Mailing address: Emporia State University
                                                                             Purchasing, Campus Box 4021, 1 Kellogg Circle, Empo-
            (Published in the Kansas Register February 11, 2021.)            ria, KS 66801.
            City of Overland Park, Kansas                                    Fort Hays State University – Electronic bid postings:
                                                                             http://www.fhsu.edu/purchasing/bids/. Additional con-
           Notice of Public Information Meeting                              tact info: phone: 785- 628-4251, fax: 785-628-4046, email:
  The City of Overland Park will be conducting a Zoom                        purchasing@fhsu.edu. Mailing address: Fort Hays State
public meeting regarding the Switzer Road, 159th Street                      University Purchasing Office, 601 Park St., Sheridan Hall
to 167th Street project at 5:30 p.m. Thursday, February                      318, Hays, KS 67601.
18, 2021. The main focus of the meeting will be to address                   Kansas State University – Bid postings: https://www.
questions or concerns from the property owners located                       k-state.edu/purchasing/rfq. Due to Covid-19, Kansas
adjacent to the proposed improvements.                                       State University will not be accepting paper bids until
  The Zoom public meeting information can be found                           further notice. Division of Financial Services/Purchasing,
on the Construction Projects webpage at https://www.                         2323 Anderson Ave., Kansas State University, Manhat-
opkansas.org/city-services/traffic-roads-transportation/                     tan, KS 66506. Additional contact info: phone: 785-532-
traffic-roads/street-construction-projects/.                                 6214, fax: 785-532-5577, email: kspurch@k-state.edu.
Instructions for Using the Online Virtual Meeting Tool                       Pittsburg State University – Bid postings: https://www.
  To view and listen to the electronic meeting online us-                    pittstate.edu/office/purchasing/. Additional contact info:
ing a device connected to the Internet:                                      phone: 620-235-4169, email: bstefanoni@pittstate.edu.
  • Type the Zoom link found on the above webpage                            Mailing address: Pittsburg State University, Purchasing
    into your browser                                                        Office, 1701 S. Broadway, Pittsburg, KS 66762.
  • You may be required to download the Zoom app                             University of Kansas – Electronic bid postings: http://
    to your device. (Downloading Zoom is free of                             www.procurement.ku.edu/. Due to Covid-19, the Uni-
    charge.)                                                                                                                         (continued)

                                                      Vol. 40, No. 6, February 11, 2021                              © Kansas Secretary of State 2021
174                                                                                                                                  Notices
                                                               Kansas Register
versity of Kansas will not be accepting paper bids until                      Information regarding prequalification, projects, and
further notice. KU Purchasing Services, 1246 W. Cam-                        bid documents can be obtained at 785-296-8899 or http://
pus Road, Room 30, Lawrence, KS 66045. Additional                           admin.ks.gov/offices/ofpm/dcc.
contact info: phone: 785-864-5800, fax: 785-864-3454,                                                            Richard Beattie, Director
email: purchasing@ku.edu.                                                                           Office of Procurement and Contracts
University of Kansas Medical Center – Bid post-                             Doc. No. 048853
ings:   http://www.kumc.edu/finance/purchasing/bid-
opportunities.html. Additional contact info: phone: 913-                    State of Kansas
588-1117. Mailing address: University of Kansas Medi-                                         Department of Revenue
cal Center, Purchasing Department, Mail Stop 2034,
3901 Rainbow Blvd., Kansas City, KS 66160.                                                     Division of Vehicles
Wichita State University – Bid postings: http://www.                             Notice of Intent to Establish a New Line-Make
wichita.edu/purchasing. Additional contact info: phone:                           for an Existing New Motor Vehicle Dealer
316-978-3080, fax: 316-978-3528, email: purchasing.office@                     Notice has been received from Jay Hatfield Motor-
wichita.edu. Mailing address: Wichita State University,                     sports, LLC dba Jay Hatfield Kawasaki Yamaha Polaris of
Office of Purchasing, 1845 Fairmount Ave., Campus Box                       their intent of selling Can-Am 3-Wheel franchised vehi-
12, Wichita, KS 67260-0012.                                                 cles from the location of 1025 N. US-69 Hwy., Frontenac,
                                                      Debbie Redeker        KS 66763.
                                   Chair of Regents Purchasing Group           Pursuant to K.S.A. 8-2430(a)(5), any existing new motor
                                                  Purchasing Director       vehicle dealer may protest the proposed addition of the
                                             Emporia State University       new franchise of Can-Am 3-Wheel franchised vehicles
Doc. No. 048393                                                             if that existing new motor vehicle dealer has a franchise
                                                                            agreement for the same line-make vehicle as that which
State of Kansas                                                             is to be sold or offer for sale by Jay Hatfield Motorsports,
           Department of Administration                                     LLC dba Jay Hatfield Kawasaki Yamaha Polaris at 1025
         Office of Procurement and Contracts                                N. US-69 Hwy., Frontenac, KS 66763, and provided that
                                                                            the existing new motor vehicle dealer is physically locat-
                              Notice to Bidders                             ed such that its relevant market area, as defined in K.S.A.
                                                                            8-2430(e) includes the location where the new Can-Am
  Sealed bids for items listed will be received by the Di-                  3-Wheel franchised dealership will be located.
rector of Procurement and Contracts until 2:00 p.m. on the                     Pursuant to K.S.A. 8-2430(a), any petition or complaint
date indicated. For more information, call 785-296-2376:                    by any dealer with standing to protest must be filed with
02/25/2021 EVT0007844                    Kansas River Bowersock Dam         the Director of Vehicles within thirty (30) days of this no-
		                                       Bigheaded Carps Acoustic           tice. Such petitions or complaints must be directed to the
		                                       Deterrent Feasibility Study        following address:
02/26/2021 EVT0007847                    Electrofishing Boats
02/26/2021 EVT0007858                    Janitorial Services – El Dorado      Kansas Department of Revenue
03/03/2021 EVT0007859                    Janitorial Services – State Fair     Director of Vehicles
03/08/2021 EVT0007860                    CCTV and Access Control              Zibell Building
		                                       Orders, Install and Service          PO Box 2505
03/09/2021 EVT0007850                    Bituminous Mix, Hot Mix/Cold         Topeka, KS 66611
		                                       Lay                                                                               Mark A. Burghart
03/09/2021 EVT0007851                    Bituminous Plant Mix                                                                     Secretary
03/09/2021 EVT0007861                    Various Security and Intrusion
                                                                            Doc. No. 048847
		                                       Detection Equipment
03/10/2021 EVT0007835                    Reverse Osmosis and Deionized
		                                       Laboratory Water                   State of Kansas
03/10/2021 EVT0007837                    Tractor Lease                                        Wichita State University
03/10/2021 EVT0007849                    F-350 Pickup
  The above referenced bid documents can be down-                            Notice of Intent to Lease Land and/or Building Space
loaded at the following website:                                            Beginning Publication Date: Vol. 41, No. 5, February 4, 2021
                                                                            Ending Publication Date: Vol. 41, No. 17, April 29, 2021
http://admin.ks.gov/offices/procurement-and-contracts/
                   bid-solicitations                                           Public notice is hereby given that Wichita State Univer-
                                                                            sity (WSU) intends to lease available land and building
   Additional files may be located at the following web-                    space located on WSU’s main campus, WSU’s Innova-
site (please monitor this website on a regular basis for                    tion Campus and on property owned by WSU adjacent
any changes/addenda):                                                       to the main campus along both Hillside and 17th streets.
http://admin.ks.gov/offices/procurement-and-contracts/                      The university will consider leasing such property and/
          additional-files-for-bid-solicitations                            or space to those whose presence on campus would
03/02/2021 A-014162                    Fort Hays State University;          advance the university’s applied learning vision or its
		                                     Campus Lighting Improvements –       mission as an educational, cultural, and economic driv-
		                                     Phase 7                              er for Kansas and the greater public good, or otherwise

© Kansas Secretary of State 2021                      Vol. 40, No. 6, February 11, 2021
Notices                                                                                                                                 175
                                                           Kansas Register
provide supporting services and amenities to the cam-                       In October 1985, the State of Kansas received final
pus community. Such projects could include, but not be                   authorization from the U.S. Environmental Protection
limited to: (1) development of a partnership building to                 Agency (EPA) to implement a hazardous waste manage-
provide office and/or laboratory space to support edu-                   ment program in lieu of the federal program, except for
cation and research, advance innovation, foster micro-                   those portions covered by the 1984 Hazardous and Solid
enterprises, and/or lease to industry partnerships in                    Waste Amendments (HSWA). In September 2013, author-
any market that aligns with University programs; (2)                     ity for the corrective action portion of the RCRA program
child care facilities; (3) adult living and retirement fa-               was delegated to the State of Kansas.
cilities; (4) restaurants; (5) retail, grocery, or pharmacy                 The draft permit sets forth, in a concise document,
establishments; (6) financial institutions; (7) event and/               the applicable requirements that KDHE will require the
or performance center; and (8) parking garage. Because                   permittee to comply with during the 10-year duration of
tenant development and/or use must be a good fit with                    the permit. The draft permit includes standard permit
the university’s educational mission and available space,                conditions, general facility conditions, post-closure care
please be prepared to provide the following information:                 requirements, and corrective action for all Solid Waste
(1) name; (2) square footage of space needs and desired                  Management Units and Areas of Concern.
lease term and location; (3) equipment, design, or oth-                     The draft permit is being considered for issuance un-
er special needs; (4) description of anticipated use; and                der authority of the Kansas Statutes Annotated (K.S.A.)
(5) the anticipated benefits to the university, its students,            65-3430 et seq. and Kansas Administrative Regulations
and the WSU community (e.g. applied learning, joint                      (K.A.R.) 28-31-4 through 28-31-279a. Documents that
research, faculty start-up, etc.). Additional information                support the permit conditions specified in the draft per-
such as renderings, architectural and design plans, proj-                mit are part of the Administrative Record. All data sub-
ect timeline, and subcontractor list is encouraged. The                  mitted by the applicant of the draft permit are available
university will consider serious proposals and inquiries                 as part of the Administrative Record. Applicable regula-
from any financially qualified individual, group, organi-                tions are found in 40 CFR Parts 124, 260 through 264, 268,
zation, or company. If interested, please contact Wichita                and 270, as specified in this permit. All citations found in
State University Property Manager Crystal Stegeman at                    the draft permit to federal regulations are for the sake of
crystal.stegeman@wichita.edu. This publication is being                  convenience. Some modifications to federal regulations
published pursuant to K.S.A. 75-430a(d), to the extent                   by applicable state regulations are noted in this permit,
applicable.                                                              but all modifications to federal regulations by state reg-
                                              Crystal Stegeman           ulations are adopted. To the extent that state regulations
                                 University Property Manager             exclude any sections of applicable federal regulations,
                                Office of the Vice President for         those sections remain in effect but are not enforceable by
                                  Administration and Finance             the Secretary. In the instance of inconsistent language or
                                       Wichita State University          discrepancies between conditions found in the permit,
Doc. No. 048823
                                                                         state regulations, or federal regulations, the language
                                                                         of the more stringent provision will govern; otherwise,
State of Kansas                                                          state law governs.
                                                                            State hazardous waste laws require that the public be
    Department of Health and Environment                                 given at least 45 days to review the Administrative Re-
                                                                         cord for the draft permit prior to KDHE taking a final
Notice of Proposed Permit Renewal Action (Corrected)
                                                                         action. The purpose of having a public comment period
Editor’s Note: This notice, originally published in the January 28,      is to ensure that interested parties have an opportunity
2021 Kansas Register, contained an incorrect address for the Park City
Public Library. It is being republished as follows with the correct
                                                                         to evaluate the conditions specified in the draft permit
address.                                                                 and to provide their input into the permit decision-mak-
                                                                         ing process. A copy of the Administrative Record which
   The Kansas Department of Health and Environment                       includes the draft permit, the fact sheet, the permit appli-
(KDHE) received a Hazardous Waste Facility permit re-                    cation, and all information pertaining to this permit ac-
newal application from Chemical Waste Management,                        tion is available for public review from January 28, 2021
Inc. (Operator/Owner). The facility is located at 8808                   through March 14, 2021, Monday through Friday, during
N. 127th St. East, Valley Center, KS 67147-8423 and has                  normal business hours at the following locations:
EPA Identification Number KSD070902952. The facility
is a former commercial hazardous waste disposal facility.                  Kansas Department of Health and Environment
The only wastes currently handled at the facility are re-                  Hazardous Waste Permits Section
mediation wastes generated from corrective action.                         1000 SW Jackson, Suite 320
   KDHE is providing notice of its intent to renew the                     Topeka, KS 66612
RCRA Hazardous Waste Management Permit for the fa-                         Contact: Maura O’Halloran
cility. The proposed permit will require Chemical Waste                    785-296-1609
Management, Inc. to perform post-closure care and cor-                     Park City Public Library
rective action for previously identified releases, and any                 2107 E. 61st St. North
potential future corrective action that may be required                    Park City, KS 67219
for Solid Waste Management Units, Areas of Concern                         316-744-6318
and/or Releases from the facility.                                                                                             (continued)

                                                 Vol. 40, No. 6, February 11, 2021                             © Kansas Secretary of State 2021
176                                                                                                            Notices
                                                  Kansas Register
  The Administrative Record can also be accessed on           hours of 8:00 a.m. to 5:00 p.m. at the KDHE, Bureau
the KDHE website at http://www.kdheks.gov/waste/p_            of Air (BOA), 1000 SW Jackson, Suite 310, Topeka, KS
pubnot_hw.html.                                               66612-1366 and at the South Central District Office, 300
  Written comments and requests should be directed to         W. Douglas, Suite 700, Wichita, KS 67202-2921. To obtain
Maura O’Halloran at the Kansas Department of Health           or review the proposed permit and supporting docu-
and Environment.                                              mentation, contact Cathy Richardson, 785-296-1947, at
  As specified in 40 CFR 124.11, during the public com-       the central office of the KDHE or David Butler, 316-337-
ment period any interested person may request a public        6042 or 316-337-6030, at the South Central District Office.
hearing in writing which states the nature of the issues      The standard departmental cost will be assessed for any
proposed to be raised in a public hearing. If a hearing is    copies requested. The proposed permit, accompanied
scheduled, advance notice of the date will be given to the    with supporting information, is available, free of charge,
public. The Secretary of KDHE will make the decision          at the KDHE BOA Public Notice website, http://www.
regarding the issuance of the permit after the close of the   kdheks.gov/bar/publicnotice.html.
public comment period. The Secretary will consider all          Please direct written comments or questions regarding
comments received during the public hearing and com-          the proposed permit to Cathy Richardson, KDHE, BOA,
ment period. Written comments must be postmarked by           1000 SW Jackson, Suite 310, Topeka, KS 66612-1366. In
March 15, 2021.                                               order to be considered in formulating a final permit de-
  When the final decision to issue or deny the permit is      cision, written comments must be received no later than
made, notice will be given to the applicant, all persons      12:00 p.m. Monday, March 15, 2021.
who submitted written comments, and anyone who re-              A person may request a public hearing be held on the
quested notice of the final permit decision. If none of the   proposed permit. The request for a public hearing shall
comments received during the public comment period            be in writing and set forth the basis for the request. The
result in revision(s) to the draft permit, the permit will    written request must be submitted to Cathy Richardson,
become effective immediately upon issuance of the final       KDHE BOA, 1000 SW Jackson, Suite 310, Topeka, KS
permit decision. If comments received during the public       66612-1366, no later than 12:00 p.m. Monday, March 15,
comment period result in revision(s), the permit will be-     2021 in order for the Secretary of Health and Environ-
come effective 30-days after service of notice of the final   ment to consider the request.
decision to allow for public review of the revisions in ac-     The U.S. Environmental Protection Agency has a 45-
cordance with 40 CFR 124.15 and K.A.R. 28-31-124(c)(8).       day review period, which will start concurrently with
Appeals of the final permit decision for the permit must      the public comment period, within which to object to the
be filed within 15-days after service of notice in accor-     proposed permit. If the EPA has not objected in writing
dance with K.S.A 65-3440 and K.S.A. 77-601 et.seq.            to the issuance of the permit within the 45-day review
                                    Lee A. Norman, M.D.       period, any person may petition the administrator of the
                                               Secretary      EPA to review the permit. The 60-day public petition pe-
Doc. No. 048845                                               riod will directly follow the EPA’s 45-day review period.
                                                              Interested parties may contact KDHE to determine if the
State of Kansas                                               EPA’s 45-day review period has been waived.
                                                                Any such petition shall be based only on objections to
     Department of Health and Environment                     the permit that were raised with reasonable specificity
                                                              during the public comment period provided for in this
           Notice Concerning Proposed Kansas Air
                                                              notice, unless the petitioner demonstrates that it was im-
          Quality Class I Operating Permit Renewal
                                                              practicable to raise such objections within such period,
   Notice is hereby given that the Kansas Department of       or unless the grounds for such objection arose after such
Health and Environment (KDHE) is soliciting comments          period. Contact Keith Johnson, U.S. EPA, Region 7, Air
regarding a proposed air quality operating permit. Au-        Permitting and Compliance Branch, 11201 Renner Blvd.,
gusta Municipal Power Plant #2 has applied for a Class I      Lenexa, KS 66219, 913-551-7960, to determine when the
operating permit renewal in accordance with the provi-        45-day EPA review period ends and the 60-day petition
sions of K.A.R. 28-19-510 et al. The purpose of a Class I     period commences.
permit is to identify the sources and types of regulated
                                                                                                  Lee A. Norman, M.D.
air pollutants emitted from the facility; the emission lim-
                                                                                                             Secretary
itations, standards, and requirements applicable to each      Doc. No. 048849
source; and the monitoring, record keeping, and report-
ing requirements applicable to each source as of the ef-      State of Kansas
fective date of permit issuance.
   Augusta Municipal Power Plant #2, PO Box 489, 615 E.           Department of Health and Environment
12th St., Augusta, KS 67010, owns and operates a munici-
pal power plant located at 615 E. 12th St., Augusta, Butler           Notice Concerning Kansas/Federal Water
County, KS 67010.                                                    Pollution Control Permits and Applications
   A copy of the proposed permit, permit application,            In accordance with Kansas Administrative Regula-
all supporting documentation, and all information re-         tions 28-16-57 through 63, 28-18-1 through 17, 28-18a-1
lied upon during the permit application review process        through 33, 28-16-150 through 154, 28-46-7, and the au-
are available for public review during normal business        thority vested with the state by the administrator of the

© Kansas Secretary of State 2021         Vol. 40, No. 6, February 11, 2021
Notices                                                                                                                                              177
                                                              Kansas Register
U.S. Environmental Protection Agency, various draft                          This is a renewal permit for an existing facility for the maximum capac-
water pollution control documents (permits, notices to                         ity of 480 head (480 animal units) of beef cattle weighing more than
revoke and reissue, notices to terminate) have been pre-                       700 pounds. There has been no change in the permitted animal units.
pared and/or permit applications have been received for                      Name and Address         Legal Description        Receiving Water
discharges to waters of the United States and the state of                   of Applicant
Kansas for the class of discharges described below.                          Anthony Wiebe            NE/4 of Section 12       Little Arkansas
  The proposed actions concerning the draft documents                        557 Frontier Rd.         T20S, R05W               River Basin
                                                                             McPherson, KS 67460      McPherson County
are based on staff review, applying the appropriate stan-
dards, regulations, and effluent limitations of the state                    Kansas Permit No. A-LAMP-B008
of Kansas and the Environmental Protection Agency.                           This is a renewal permit for an existing facility with a maximum capac-
The final action will result in a Federal National Pollut-                     ity of 80 head (80 animal units) of cattle more than 700 pounds and
                                                                               80 head (40 animal units) of cattle 700 pounds or less; for a total of
ant Discharge Elimination System Authorization and/or                          120 animal units. There has been no change in animal units from the
a Kansas Water Pollution Control permit being issued,                          previous permit cycle.
subject to certain conditions, revocation, and reissuance                    Name and Address         Legal Description        Receiving Water
of the designated permit or termination of the designat-                     of Applicant
ed permit.                                                                   Dale Love                SW/4 of Section 31       Lower Arkansas
                                                                             14010 Lake Cable Rd.     T24S, R07W               River Basin
            Public Notice No. KS-AG-21-052/066                               Partridge, KS 67566      Reno County
    Pending Permits for Confined Feeding Facilities                          Kansas Permit No. A-ARRN-S009
Name and Address         Legal Description        Receiving Water            The proposed action is to reissue an existing state permit for an exist-
of Applicant                                                                   ing facility for 800 head (320 animal units) of swine weighing more
                                                                               than 55 pounds and 400 head (40 animal units) of swine weighing 55
Rock-Home Holsteins      NW/4 of Section 9        Neosho River Basin           pounds of less; for a total of 1,200 head (360 animal units) of swine.
2364 K-15 Hwy.           T19S, R02E                                            There will be no change in the operation or permitted number of
Hillsboro, KS 67063      Marion County                                         animal units from the previous permit. This facility has an approved
Kansas Permit No. A-NEMN-M026                                                  Waste Management Plan on file with KDHE.
The proposed action is to reissue an existing state permit for an existing   Name and Address         Legal Description        Receiving Water
  facility for 245 head (245 animal units) of cattle weighing more than      of Applicant
  700 pounds and 90 head (45 animal units) of cattle weighing less 700       Aue Farms                NE/4 of Section 16       Missouri River Basin
  pounds; for a total maximum capacity of 290 animal units. There will       Weldon Aue               T01S, R15E
  be no change in the operation or permitted number of animal units          3070 Chickadee Rd.       Brown County
  from the previous permit. This facility has an approved Waste Man-         Morrill, KS 66515
  agement Plan on file with KDHE.
                                                                             Kansas Permit No. A-MOBR-B004
Name and Address         Legal Description        Receiving Water
of Applicant                                                                 This is a renewal permit for an existing facility with the maximum ca-
                                                                               pacity of 250 head (125 animal units) of beef cattle 700 pounds or less.
Ed Wait                  SE/4 of Section 5        Walnut River Basin           There has been no change in the permitted animal units.
15160 SW 10th            T26S, R03E
                                                                             Name and Address         Legal Description        Receiving Water
Benton, KS 67017         Butler County
                                                                             of Applicant
Kansas Permit No. A-WABU-S041
                                                                             Becker Family Farms,     N/2 of the NW/4          Kansas River Basin
The proposed action is to reissue an existing state permit for an existing     Inc.                   of Section 2
  facility for 1,150 head (460 animal units) of swine weighing more          Donald Becker            T05S, R11E
  than 55 pounds and 200 head (20 animal units) of swine weighing            680 E. Rd.               Nemaha County
  55 pounds or less; for a total maximum capacity of 1,350 head (480         Centralia, KS 66415
  animal units) of swine. There will be no change in the operation or        Kansas Permit No. A-KSNM-S016
  permitted number of animal units from the previous permit. This
  facility has an approved Waste Management Plan on file with KDHE.          This is a renewal permit for an existing facility for the maximum capac-
                                                                               ity of 732 head (292.8 animal units) of swine weighing more than 55
Name and Address         Legal Description        Receiving Water              pounds and 960 head (96 animal units) of swine 55 pounds or less,
of Applicant                                                                   for a total of 388.8 animal units. There has been no change in the
Pete’s Feedyard –        NW/4 of Section 5        Upper Arkansas               permitted animal units.
  Rosie Clair Estate     T27S, R26W               River Basin                Name and Address         Legal Description        Receiving Water
Lloyd Clair              Ford County                                         of Applicant
10113 Marshall Rd.
Ensign, KS 67841                                                             Rethman Farms, Inc.      SE/4 of Section 14       Missouri River Basin
                                                                             Douglas and Deborah      T03S, R12E
Kansas Permit No. A-UAFO-B011                                                  Rethman                Nemaha County
This is a renewal permit for an existing facility with the maximum ca-       1157 120th Rd.
  pacity of 998 head (998 animal units) of cattle weighing more than         Seneca, KS 66538
  700 pounds. There has been no change in the permitted animal units.        Kansas Permit No. A-MONM-S001
Name and Address         Legal Description        Receiving Water            The proposed action is to reissue an existing state permit for an exist-
of Applicant                                                                   ing facility for 1,720 head (688 animal units) of swine more than 55
                                                                               pounds and 840 head (84 animal units) of swine weighing 55 pounds
Jost Farm                NE/4 of Section 12       Neosho River Basin
                                                                               or less; for a total maximum capacity of 772 animal units. There will
James O. Jost            T17S, R05E
                                                                               be no change in the operation or permitted number of animal units
2646 AA Ave.             Morris County
                                                                               from the previous permit. This facility has an approved Waste Man-
Burdick, KS 66838
                                                                               agement Plan on file with KDHE.
Kansas Permit No. A-NEMR-B007                                                                                                               (continued)

                                                    Vol. 40, No. 6, February 11, 2021                                       © Kansas Secretary of State 2021
178                                                                                                                                          Notices
                                                               Kansas Register
Name and Address               Legal Description    Receiving Water             in the NMP. There are no changes to the permit or in the permitted
of Applicant                                                                    number of animal units. Only the updated portions of the Nutrient
                                                                                Management Plan are subject to comment. This facility has an ap-
Eckman Dairy                   SE/4 of Section 5    Kansas River Basin          proved Nutrient Management Plan on file with KDHE.
Steve and Nancy                T14S, R20E
  Eckman                       Douglas County                                 Name and Address          Legal Description        Receiving Water
825 E. 1600 Rd.                                                               of Applicant
Baldwin City,                                                                 Mongeau Farms, FLP        NW/4 of Section 20       Solomon River Basin
KS 66006                                                                      Martin Mongeau            T07S, R18W
Kansas Permit No. A-KSDG-M005                                                 1415 J Rd.                Rooks County
                                                                              Stockton, KS 67669
This is a renewal permit for an existing facility with the maximum ca-
  pacity of 85 head (119 animal units) of mature dairy cattle and 36          Kansas Permit No. A-SORO-C002
  head (18 animal units) of cattle weighing 700 pounds or less, for a         Federal Permit No. KS0097551
  total of 137 animal units. There has been no change in the permitted        An update to the Nutrient Management Plan (NMP) was received for
  animal units from the previous permit.                                        this existing facility permitted for a maximum animal unit capacity
Name and Address               Legal Description    Receiving Water             of 2,800 head (2,800 animal units) of cattle weighing more than 700
of Applicant                                                                    pounds and 3,200 head (1,600 animal units) of cattle weighing 700
                                                                                pounds or less; for a total of 4,400 animal units. The facility’s NMP
Boot Hill Feeders              S/2 of Section 23    Upper Arkansas              was updated to include the addition of two new land application
Connie Kuhlman                 and SE/4 of          River Basin                 fields and a less restrictive application rate limitation for one existing
20041 SW C Rd.                 Section 22                                       field. There are no changes to the permit or the permitted number
Jetmore, KS 67854              T24S, R25W                                       of animal units. Only the updated portions of the Nutrient Manage-
                               Hodgeman County                                  ment Plan are subject to comment. This facility has an approved Nu-
                                                                                trient Management Plan on file with KDHE.
Kansas Permit No. A-UAHG-C003
Federal Permit No. KS0115347                                                  Name and Address          Legal Description        Receiving Water
                                                                              of Applicant
An update to the Nutrient Management Plan (NMP) was received for
  this existing facility currently permitted for 17,000 head (17,000 an-      Bird City Dairy, LLC      N/2 of the SW/4          Upper Republican
  imal units) of cattle weighing more than 700 pounds. The facility’s         Mike McCarty              of Section 27            River Basin
  NMP was updated to include a change in the application rate lim-            1440 CR 32                and S/2 of the NW/4
  itations for four fields. The field’s application rate limitations have     Bird City, KS 67731       of Section 27
  become less restrictive than the previous NMP. There are no changes                                   T03S, R37W
  to the permit or in the permitted number of animal units. Only the                                    Cheyenne County
  updated portion of the Nutrient Management Plan is subject to com-          Kansas Permit No. A-URCN-D001
  ment. This facility has an approved Nutrient Management Plan on             Kansas Permit No. KS0099091
  file with KDHE.
                                                                              An update to the Nutrient Management Plan (NMP) was received for
Name and Address               Legal Description    Receiving Water             this existing facility currently permitted for 3,300 head (4,620 ani-
of Applicant                                                                    mal units) of mature dairy cattle and 300 head (150 animal units) of
McCarty Family Farms SW/4 of Section 18             Solomon River Basin         dairy cattle less than 700 pounds or less; for a total of 4,770 animal
Ken McCarty          T07S, R31W                                                 units. The facility’s NMP was updated to include a less restrictive
2231 CR 31           Thomas County                                              application rate limitation change to one field. There are no changes
Rexford, KS 67753                                                               to the permit or in the permitted number of animal units. Only the
                                                                                updated portions of the Nutrient Management Plan are subject to
Kansas Permit No. A-SOTH-D001                                                   comment. This facility has an approved Nutrient Management Plan
Federal Permit No. KS0095150                                                    on file with KDHE.
An update to the Nutrient Management Plan (NMP) was received for
  this existing facility currently permitted for 10,800 head (15,120 an-                   Public Notice No. KS-AG-R-21-002
  imal units) of mature dairy cattle; 1,700 head (1,700 animal units) of
  dairy cattle weighing more than 700 pounds; and 100 head (50 ani-            Per Kansas Statutes Annotated 65-171d, the following
  mal units) of dairy cattle weighing 700 pounds or less; for a total of      Registration has been received for a proposed facility:
  12,600 head (16,870 animal units) of dairy cattle. The facilities’ NMP
  was updated to include the addition of three new land application           Name and Address          Legal Description        County
  fields and less restrictive application rate limitations for two existing   of Registrant
  fields. There are no changes to the permit or in the permitted num-         Kody Molzahn              NW/4 of Section 31       Smith
  ber of animal units. Only the updated portions of the Nutrient Man-         25021 180 Rd.             T03S, R11W
  agement Plan are subject to comment. This facility has an approved          Lebanon, KS 66952
  Nutrient Management Plan on file with KDHE.
Name and Address               Legal Description    Receiving Water                           Public Notice No. KS-Q-21-007
of Applicant
Walt Farms, Inc.               NW/4 of Section 19   Saline River Basin
                                                                                The requirements of the draft permit public noticed
Kevin Broeckelman              T19S, R25W                                     below are pursuant to the Kansas Surface Water Quali-
1028 D Rd.                     Graham County                                  ty Standards, K.A.R. 28-16-28(b-g), and Federal Surface
Quinter, KS 67752                                                             Water Criteria.
Kansas Permit No. A-SAGH-C001                                                 Name and Address       Receiving Stream            Type of Discharge
Federal Permit No. KS0100331                                                  of Applicant
An update to the Nutrient Management Plan (NMP) was received for              Johnson County         Blue River (MO) via         Treated Domestic
  this existing facility currently permitted for 3,000 head (1,500 animal       Wastewater           Indian Creek                Wastewater
  units) of cattle weighing less than 700 pounds. The facility’s NMP          11811 S. Sunset Dr.,
  was updated to cover the years 2021 through 2024, updated the                 Suite 2500
  methodology for calculating application rates of livestock waste, and       Olathe, KS 66061-7061
  revised the maximum application rate limitations for the fields listed      Kansas Permit No. M-MO27-OO03
                                                                              Federal Permit No. KS0100854

© Kansas Secretary of State 2021                     Vol. 40, No. 6, February 11, 2021
Notices                                                                                                                                    179
                                                              Kansas Register
Legal Description: SW¼, S10, T13S, R25E, Johnson County, Kansas             State of Kansas
Facility Name: Tomahawk Creek Wastewater Treatment Facility                           Department of Transportation
The proposed action is to reissue an existing State/NPDES permit for
  an existing facility. This existing facility is in the process of being                  Notice to Consulting Firms
  upgraded. Currently all flow is being diverted to the Kansas City,        Background and Purpose of Project
  MO (KCMO) Blue River Wastewater Treatment Facility (Outfall
  007AV). Following completion of the upgraded facility, this outfall
                                                                               The Kansas Department of Transportation (KDOT) is
  will no longer be active. The upgraded facility will consist of an in-    seeking a consultant to provide construction inspection
  fluent pump station, mechanical fine screens, grit removal, primary       services for project 148-101 KA 3956-01. The project is on
  clarifiers, BNR activated sludge treatment basins, final clarifiers,      K-148 and is replacing three bridges. Bridge #56, 6.05 miles
  anaerobic digestion, tertiary pump station, dual purpose disk fil-        east of Republic County line, Bridge #57, 10.95 miles east
  ters, chlorine contact basins with sodium hypochlorite disinfection,
  and cascade reaeration. The proposed permit contains a schedule           of Republic County line, and Bridge #58, 12.95 miles east
  of compliance stating that following the substantial completion of        of Republic County line in Washington County.
  the project addressed in the Consent Order 15-E-39 BOW, the per-
  mittee shall achieve compliance with the final permit limits. The
                                                                            Schedule/Deadlines
  proposed permit contains interim and final limits for biochemical            Request for Proposals (RFPs) are due on or before 12:00
  oxygen demand, total suspended solids, pH, ammonia, E. coli, dis-         p.m. (CST) February 19, 2021, to be delivered via email to
  solved oxygen, whole effluent toxicity, and total residual chlorine,      kdot.designcontracts@ks.gov. Evaluation and ranking of
  as well as monitoring for total phosphorous, total Kjeldahl nitro-        submissions will occur on or about March 3, 2021, after
  gen, flow, temperature, chloride, nitrate + nitrite, total nitrogen,
  and priority pollutants.                                                  which time all firms that submitted will be notified of the
                                                                            ranking. Negotiations with the most highly ranked firm
                                                                            to commence on or about March 17, 2021. An agreement
   Persons wishing to comment on the draft documents                        should be in place on or about April 8, 2021. The contrac-
and/or permit applications must submit their comments                       tor is expected to start the project around early May 2021.
in writing to the Kansas Department of Health and En-
vironment if they wish to have the comments consid-                         Scope of Services to be Performed
ered in the decision-making process. Comments should                           The project manager/inspectors must be capable in-
be submitted to the attention of the Livestock Waste                        specting the whole project, which includes grading, sub-
Management Section for agricultural related draft doc-                      grade/base, concrete, HMA CG, bridge(s), pile driving,
uments or applications, or to the Technical Services Sec-                   traffic control, seeding, erosion control, CMS or AAS-
tion for all other permits, at the Kansas Department of                     HTOWare data entry, all project records, all project pa-
Health and Environment, Division of Environment, Bu-                        perwork, and final paperwork, etc. Project records and
                                                                            paperwork including but not limited to: diary, pay quan-
reau of Water, 1000 SW Jackson St., Suite 420, Topeka,
                                                                            tities, certifications, sample identifications, change or-
KS 66612-1367.
                                                                            ders, pay estimates, monitoring subcontractor payments,
   All comments regarding the draft documents or appli-
                                                                            and monitoring contractor’s payrolls, etc. Records and
cation notices received on or before March 13, 2021, will
                                                                            paperwork must be submitted accurately and timely.
be considered in the formulation of the final determina-
                                                                            Anticipated staffing needs: provide project management
tions regarding this public notice. Please refer to the ap-
                                                                            and all inspectors as needed to ensure inspection and ma-
propriate Kansas document number (KS-AG-21-052/066,
                                                                            terial testing for this project are done correctly. The num-
KS-AG-R-21-002, KS-Q-21-007) and name of the appli-                         ber of required inspectors will fluctuate throughout the
cant/permittee when preparing comments.                                     project depending on the contractor’s schedule and how
   After review of any comments received during the                         they pursue the work. Submit the name and information
public notice period, the Secretary of Health and Envi-                     of the project manager and primary inspector. Work may
ronment will issue a determination regarding final agen-                    begin between May through August of 2021. Construc-
cy action on each draft document/application. If response                   tion is anticipated to be completed by 255-working days
to any draft document/application indicates significant                     and then cleanup days. Provide all the equipment neces-
public interest, a public hearing may be held in confor-                    sary to inspect and test materials.
mance with K.A.R. 28-16-61 (28-46-21 for UIC).
   All draft documents/applications and the support-                        Instructions for Proposal
ing information including any comments received are                            No costs shall be contained in the RFP. The RFP must
on file and may be inspected at the offices of the Kan-                     not exceed four (4) pages total (including any cover let-
sas Department of Health and Environment, Bureau of                         ter, index, etc.) and 2MB to address the pertinent topics.
Water, 1000 SW Jackson St., Suite 420, Topeka, Kansas.                      RFPs submitted will consist of the technical proposal
These documents are available upon request at the copy-                     and a completed and signed Special Attachment No. 7
ing cost assessed by KDHE. Application information and                      (“Certificate of Final Indirect Costs”), a completed and
components of plans and specifications for all new and                      signed Special Attachment No. 8 (“Tax Clearance Certif-
expanding swine facilities are available at http://www.                     icate”), and a signed Special Attachment No. 10 (“Policy
kdheks.gov/feedlots. Division of Environment offices are                    Regarding Sexual Harassment”). Completed Special At-
open from 8:00 a.m. to 5:00 p.m., Monday through Fri-                       tachments do not count against the four-page technical
day, excluding holidays.                                                    proposal submission. All these forms are attached to the
                                                                            original email announcement.
                                             Lee A. Norman, M.D.               RFPs shall indicate the consultant’s ability to meet the
                                                        Secretary           project inspection needs described above. RFPs shall de-
Doc. No. 048848                                                                                                                   (continued)

                                                   Vol. 40, No. 6, February 11, 2021                              © Kansas Secretary of State 2021
180                                                                                                                       Notices
                                                             Kansas Register
scribe any processes or procedures, including best prac-                 State of Kansas
tices, that will be used to perform tasks and to produce                          Department of Transportation
the desired results described above under “Scope of Ser-
vices to be Performed.” The RFP shall also include items                               Notice to Consulting Firms
such as:
                                                                         Background and Purpose of Project
   • Project manager                                                        The Kansas Department of Transportation (KDOT)
   • History of providing inspection services on similar                 is seeking a consultant to provide construction inspec-
     projects                                                            tion services for projects 80-14 KA 3965-01 and 80-14 KA
   • Availability of staff                                               3957-01. Project 80-14 KA 3965-01 is on K-80 and Bridge
   • Familiarity with KDOT standards and specifica-                      #42 (Dry Creek) replacement. Project 80-14 KA 3957-01 is
     tions                                                               on K-80 and Bridge #41 (Dry Creek) replacement. Project
   • Any subconsultant and their role in performing the                  80-14 KA 3965-01 located 2.55 miles west of K-80/K-15
     services on the project                                             Junction and project 80-14 KA 3957-01 is located 3.30
   • Names, certifications, and experience of all inspec-                miles west of K-80/K-15 junction in Clay County.
     tors that will be assigned to the project
   • Anticipated time to close out project paperwork                     Schedule/Deadlines
                                                                           Request for Proposals (RFPs) are due on or before 12:00
Evaluation Factors                                                       p.m. (CST) February 19, 2021, to be delivered via email to
  RFPs will be evaluated based on the factors listed be-
                                                                         kdot.designcontracts@ks.gov. Evaluation and ranking of
low, evenly weighted, to rank the most qualified firm in
                                                                         submissions will occur on or about March 3, 2021, after
order of preference as first, second, third, etc. Evaluation
                                                                         which time all firms that submitted will be notified of the
factors include:
                                                                         ranking. Negotiations with the most highly ranked firm
   1. How the consultant plans to meet the fluctuating                   to commence on or about March 17, 2021. An agreement
      inspection needs of the project;                                   should be in place on or about April 8, 2021. The contrac-
   2. Employee names (project manager and primary in-                    tor is expected to start the project around early May 2021.
      spector), certifications, and qualifications proposed
      for services;                                                      Scope of Services to be Performed
   3. Past performance history on similar projects (list                    The project manager/inspectors must be capable in-
      project numbers) for KDOT;                                         specting the whole project, which includes grading, sub-
   4. Anticipated time to close out project paperwork;                   grade/base, concrete, HMA CG, bridge(s), pile driving,
   5. Proximity of inspectors to project;                                traffic control, seeding, erosion control, CMS or AAS-
   6. Types of direct expenses anticipated (lodging, mile-               HTOWare data entry, all project records, all project pa-
      age, etc.).                                                        perwork, and final paperwork, etc. Project records and
                                                                         paperwork including but not limited to: diary, pay quan-
   The highest ranked firm will be asked to enter into                   tities, certifications, sample identifications, change or-
negotiations with KDOT for an agreement. In the event                    ders, pay estimates, monitoring subcontractor payments,
KDOT cannot reach agreement with the highest ranked                      and monitoring contractor’s payrolls, etc. Records and
firm, it will terminate negotiations with such firm and                  paperwork must be submitted accurately and timely.
commence negotiations with the next highest ranked                       Anticipated staffing needs: provide project management
firm, and so on, until either agreement is reached for a                 and all inspectors as needed to ensure inspection and
satisfactory scope of services for a fair and reasonable                 material testing for this project are done correctly. The
price, or KDOT decides to pursue other alternatives.                     number of required inspectors will fluctuate through-
Exhibits to this Technical Proposal Request                              out the project depending on the contractor’s schedule
  • Special Attachment No. 7 (“Certificate of Final Indi-                and how they pursue the work. Submit the name and
    rect Costs”)                                                         information of the project manager and primary inspec-
  • Special Attachment No. 8 (“Tax Clearance Certifi-                    tor. Work may be begin between May through October
    cate”)                                                               of 2021. Construction is anticipated to be completed by
  • Special Attachment No. 10 (“Policy Regarding Sex-                    200-working days and then cleanup days. Provide all the
    ual Harassment”)                                                     equipment necessary to inspect and test materials.
Contract Terms and Conditions                                            Instructions for Proposal
  A standard KDOT project inspection agreement will be                     No costs shall be contained in the RFP. The RFP must
used for this project. Current rate factors will be used for             not exceed four (4) pages total (including any cover let-
compensation, and Special Attachments for the Kansas                     ter, index, etc.) and 2MB to address the pertinent topics.
“Tax Clearance Certificate,” the “Certificate of Final In-               RFPs submitted will consist of the technical proposal
direct Costs,” and the “Policy Regarding Sexual Harass-                  and a completed and signed Special Attachment No. 7
ment” will become attachments to the contract.                           (“Certificate of Final Indirect Costs”), a completed and
  Questions about this request for proposals shall be sent               signed Special Attachment No. 8 (“Tax Clearance Certif-
via email to kdot.designcontracts@ks.gov.                                icate”), and a signed Special Attachment No. 10 (“Policy
                                                    David Lutgen, P.E.   Regarding Sexual Harassment”). Completed Special At-
                                   Division of Engineering and Design    tachments do not count against the four-page technical
Doc. No. 048834                                                          proposal submission. All these forms are attached to the
                                                                         original email announcement.

© Kansas Secretary of State 2021                     Vol. 40, No. 6, February 11, 2021
Notices                                                                                                                       181
                                                  Kansas Register
   RFPs shall indicate the consultant’s ability to meet the    State of Kansas
project inspection needs described above. RFPs shall de-                Department of Transportation
scribe any processes or procedures, including best prac-
tices, that will be used to perform tasks and to produce                     Notice to Consulting Firms
the desired results described above under “Scope of Ser-
vices to be Performed.” The RFP shall also include items       Background and Purpose of Project
such as:                                                         The Kansas Department of Transportation (KDOT) is
                                                               seeking a consultant to provide construction inspection
  • Project manager                                            services for project 14-78 KA 1007-02 and 14-80 KA 1007-
  • History of providing inspection services on similar        03. The project is grading, bridge and surfacing on K-14
    projects                                                   (K-96) in Reno and Rice Counties. K-14 (K-96) beginning
  • Availability of staff                                      4.45 southeast of Nickerson west and north to junction of
  • Familiarity with KDOT standards and specifications         K-96/RS-571.
  • Any subconsultant and their role in performing the
    services on the project                                    Schedule/Deadlines
  • Names, certifications, and experience of all inspec-         Request for Proposals (RFPs) are due on or before 12:00
    tors that will be assigned to the project                  p.m. (CST) February 19, 2021, to be delivered via email to
  • Anticipated time to close out project paperwork            kdot.designcontracts@ks.gov. Evaluation and ranking of
                                                               submissions will occur on or about March 3, 2021, after
Evaluation Factors                                             which time all firms that submitted will be notified of the
  RFPs will be evaluated based on the factors listed be-       ranking. Negotiations with the most highly ranked firm
low, evenly weighted, to rank the most qualified firm in       to commence on or about March 17, 2021. An agreement
order of preference as first, second, third, etc. Evaluation   should be in place on or about April 8, 2021. Project will
factors include:                                               be built during 2021-2023. The contractor is expected to
  1. How the consultant plans to meet the fluctuating          start the project around March-April of 2021, this date
     inspection needs of the project;                          could move based on contractor’s schedule.
  2. Employee names (project manager and primary in-           Scope of Services to be Performed
     spector), certifications, and qualifications proposed       The project inspectors must be capable inspecting the
     for services;                                             whole project, except HMA plant, which includes grad-
  3. Past performance history on similar projects (list        ing, subgrade/base, concrete, HMA roadway, bridges,
     project numbers) for KDOT;                                RC boxes, pavement marking, traffic control, seeding,
  4. Anticipated time to close out project paperwork;          erosion control, CMS or AASHTOWare data entry, all
  5. Proximity of inspectors to project;                       project records, all project paperwork, etc. Project re-
  6. Types of direct expenses anticipated (lodging, mile-      cords and paperwork including but not limited to: dia-
     age, etc.).                                               ry, pay quantities, certifications, sample identifications,
   The highest ranked firm will be asked to enter into         change orders, pay estimates, monitoring subcontractor
negotiations with KDOT for an agreement. In the event          payments, and monitoring contractor’s payrolls, etc.
KDOT cannot reach agreement with the highest ranked            Records and paperwork must be submitted accurate-
firm, it will terminate negotiations with such firm and        ly and timely. Anticipated staffing needs: provide two
commence negotiations with the next highest ranked             inspectors as needed to ensure inspection and material
firm, and so on, until either agreement is reached for a       testing for this project are done correctly. The number of
satisfactory scope of services for a fair and reasonable       required inspectors will fluctuate throughout the project
price, or KDOT decides to pursue other alternatives.           depending on the contractor’s schedule and how they
                                                               pursue the work. Submit the name and information of
Exhibits to this Technical Proposal Request
                                                               the inspectors. Construction is anticipated to be complet-
  • Special Attachment No. 7 (“Certificate of Final Indi-
                                                               ed by June 16, 2023. These two projects are tied. Provide
    rect Costs”)
                                                               all the equipment necessary to inspect and test materials.
  • Special Attachment No. 8 (“Tax Clearance Certifi-
    cate”)                                                     Instructions For Proposal
  • Special Attachment No. 10 (“Policy Regarding Sex-            No costs shall be contained in the RFP. The RFP must
    ual Harassment”)                                           not exceed four (4) pages total (including any cover let-
                                                               ter, index, etc.) and 2MB to address the pertinent topics.
Contract Terms and Conditions
                                                               RFPs submitted will consist of the technical proposal
  A standard KDOT project inspection agreement will be
                                                               and a completed and signed Special Attachment No. 7
used for this project. Current rate factors will be used for
                                                               (“Certificate of Final Indirect Costs”), a completed and
compensation, and Special Attachments for the Kansas
                                                               signed Special Attachment No. 8 (“Tax Clearance Certif-
“Tax Clearance Certificate,” the “Certificate of Final In-
                                                               icate”), and a signed Special Attachment No. 10 (“Policy
direct Costs,” and the “Policy Regarding Sexual Harass-
                                                               Regarding Sexual Harassment”). Completed Special At-
ment” will become attachments to the contract.
                                                               tachments do not count against the four-page technical
  Questions about this request for proposal shall be sent
                                                               proposal submission. All these forms are attached to the
via email to kdot.designcontracts@ks.gov.
                                                               original email announcement.
                                      David Lutgen, P.E.         RFPs shall indicate the consultant’s ability to meet the
                     Division of Engineering and Design        project inspection needs described above. RFPs shall de-
Doc. No. 048835                                                                                                      (continued)

                                          Vol. 40, No. 6, February 11, 2021                          © Kansas Secretary of State 2021
182                                                                                                                        Notices
                                                             Kansas Register
scribe any processes or procedures, including best prac-                 State of Kansas
tices, that will be used to perform tasks and to produce                           Department of Transportation
the desired results described above under “Scope of Ser-
vices to be Performed.” The RFP shall also include items                                Notice to Consulting Firms
such as:
                                                                            The Kansas Department of Transportation (KDOT) is
   • Project manager                                                     seeking a consulting firm qualified in Category 111 Rail
   • History of providing inspection services on similar                 Systems Planning and Category 335 Railroad Infrastruc-
     projects                                                            ture Design for the project listed below. A PDF (2Mb
   • Availability of staff                                               maximum size) of the interest response must be emailed
   • Familiarity with KDOT standards and specifica-                      to kdot.designcontracts@ks.gov. Interest and experience
     tions                                                               responses are limited to four pages, the subject line of
   • Any subconsultant and their role in performing the                  the reply email and the PDF file name must read “106
     services on the project                                             X-3122-01_FIRM NAME”. The letter of interest is re-
   • Names, certifications, and experience of all inspec-                quired and must be received by 12:00 p.m. February 19,
     tors that will be assigned to the project                           2021 for the consulting firm to be considered. If a firm
   • Anticipated time to close out project paperwork                     is not currently prequalified by KDOT, a Letter of Inter-
Evaluation Factors                                                       est (LOI) may still be submitted. Firms not prequalified
  RFPs will be evaluated based on the factors listed be-                 must also provide documentation that demonstrates the
low, evenly weighted, to rank the most qualified firm in                 firm is qualified for each specified category listed in this
order of preference as first, second, third, etc. Evaluation             notice for the project. Firms may use the KDOT prequali-
factors include:                                                         fication form to provide this documentation. KDOT 1050
   1. How the consultant plans to meet the fluctuating                   Prequalification category definitions (Blue Book) can be
      inspection needs of the project;                                   found at http://www.ksdot.org/descons.asp. All firms
   2. Employee names (inspectors), certifications, and                   doing business with KDOT must be registered and in
      qualifications proposed for services;                              good standing under the laws of the State of Kansas at
   3. Past performance history on similar projects (list                 the time of contracting and must comply with applicable
      project numbers) for KDOT;                                         state and federal laws, rules and regulations.
   4. Anticipated time to close out project paperwork;                   Project
   5. Proximity of inspectors to project;                                  Project No. 106 X-3122-01–Development of a state
   6. Types of direct expenses anticipated (lodging, mile-               highway-rail grade crossing action plan to meet the re-
      age, etc.).                                                        quirements of 49 CFR part 234.
   The highest ranked firm will be asked to enter into                   Instructions for LOI
negotiations with KDOT for an agreement. In the event                      The main text of consultant’s LOI must not exceed four
KDOT cannot reach agreement with the highest ranked                      (4) pages to address the topics listed below. LOIs shall
firm, it will terminate negotiations with such firm and                  address and include the following items:
commence negotiations with the next highest ranked
                                                                           • Project manager/engineer in charge.
firm, and so on, until either agreement is reached for a
                                                                           • Provide name(s), qualifications, education, training,
satisfactory scope of services for a fair and reasonable
                                                                             and expertise as well as prior relevant experience of
price, or KDOT decides to pursue other alternatives.
                                                                             consultant personnel intended to perform services.
Exhibits to this Technical Proposal Request
                                                                         Qualifications-Based Selection Process
  • Special Attachment No. 7 (“Certificate of Final Indi-
                                                                            No cost or pricing information shall be submitted with
    rect Costs”)
                                                                         the LOI and will not be considered in the selection pro-
  • Special Attachment No. 8 (“Tax Clearance Certifi-
    cate”)                                                               cess to shortlist or rank proposals. Based on the quali-
  • Special Attachment No. 10 (“Policy Regarding Sex-                    fications submitted in the LOI and other information
    ual Harassment”)                                                     available to KDOT, on or about March 3, 2021 KDOT
                                                                         will shortlist three to five firms and notify all firms sub-
Contract Terms and Conditions                                            mitting LOIs of the names of the shortlisted firms by
  A standard KDOT project inspection agreement will be                   return email. Thereafter, KDOT will issue a Request for
used for this project. Current rate factors will be used for             Proposal (RFP) to the shortlisted firms soliciting a tech-
compensation, and Special Attachments for the Kansas                     nical proposal. At KDOT’s option, shortlisted firms may
“Tax Clearance Certificate,” the “Certificate of Final In-               be interviewed by telephone conference call or asked to
direct Costs,” and the “Policy Regarding Sexual Harass-                  attend meetings or participate in other discussions with
ment” will become attachments to the contract.                           KDOT. Technical proposals will be evaluated on the basis
  Questions about this request for proposals shall be sent               of the factors listed below, evenly weighted, to rank the
via email to kdot.designcontracts@ks.gov.                                most qualified firm in order of preference as first, second,
                                                    David Lutgen, P.E.   and third: 1) quality of the response; 2) experience and
                                   Division of Engineering and Design    expertise of staff designated for project; 3) workload of
Doc. No. 048836                                                          the firm, and 4) past performance history. The highest
                                                                         ranked firm will be asked to enter into negotiations with
                                                                         KDOT for a contract, with compensation provisions for

© Kansas Secretary of State 2021                     Vol. 40, No. 6, February 11, 2021
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