Governing Body
Regular MeetingTopeka, KS · February 4, 2025
Minutes
Governing Body Minutes – February 4, 2025
CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, February 4, 2025. The
Governing Body members of the City of Topeka met in regular session at 6:00 P.M. with the
following Councilmembers present: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks,
Kell, Miller, Dobler, Duncan and Hoferer -9. Mayor Padilla presided – 1.
Public comment for the meeting was available via Zoom or in-person. Individuals were
required to contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org
by no later than 5:00 p.m. on February 4, 2025, after which the City Clerk's Office provided the
Zoom link information and protocols prior to the meeting start time. Written public comment
was also considered to the extent it was personally submitted at the meeting or to the City
Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at
cclerk@topeka.org on or before February 4, 2025 for attachment to the meeting minutes.
AFTER THE MEETING WAS CALLED TO ORDER, the Invocation was provided by
Pastor Ivan Greuter, Westside Baptist Church.
THE PLEDGE OF ALLEGIANCE was recited by meeting participants.
BOARD APPOINTMENT recommending the appointment of Zachary Surritt to the
Topeka Human Relations Commission to fill an expired term ending February 7, 2027, was
presented. (Council District No. 6)
BOARD APPOINTMENT recommending the appointment of Gary Piland to the
Downtown Business Improvement District Advisory Board to fill a term ending February 4,
2027, was presented. (Council District No. 1)
Councilmember Hiller moved to approve the consent agenda. The motion seconded by
Councilmember Ortiz carried unanimously on voice vote (10-0-0)
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AN UPDATE on the 2025 Snow Event was provided by Steve Groen, Public Works
Director.
Councilmember Miller thanked Staff for installing Geographic Information Systems
(GIS) on all City snow removal equipment. He asked why there was only one bid received for
snow services and how citizens could help Staff during a snow event. He suggested Staff prepare
an informational graphic to educate the public.
Councilmember Kell questioned why snow was not plowed to the center of streets and
removed from the downtown area.
Councilmember Hiller commended Staff for their work during the event and she believes
the plan was appropriate for the downtown area. She commended neighbors for helping
neighbors.
Councilmember Ortiz inquired on the snow removal plan for cul-de-sacs and if the snow
could be piled in the middle of a cul-de-sac.
Councilmember Duncan asked how the City determines the plowing of residential streets
as it relates to parked cars. He recommended Staff contact school districts located in city limits
to incorporate bus routes in the City’s priority snowplow routes for future events.
Councilmember Valdivia-Alcala thanked Staff for their work and owning their mistakes
as it relates to communication with the public. She reported District 2 has areas being missed due
to confusion of city and county boundaries. She suggested Public Works Director, Steve Groen,
work to improve communication with Neighborhood Improvement Associations (NIAs).
Public Works Director Groen and Deputy Director Tony Trower provided the following
responses:
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• Staff believes only one bid was received for snow services because of the increased
liability of plowing streets compared to private parking lots as well as this type of
snow event was rare.
• It would be helpful, and it is recommended, people avoid parking on the streets
during snow events to help with the snow removal process.
• In regard to the downtown area, there was no place to pile the snow due to center
medians.
• Staff must determine the appropriate equipment to use in cul-de-sacs; however, they
did attempt to pile snow in the middle of cul-de-sacs and received complaints.
Public Works Director Groen thanked Administrative Staff, Governing Body members,
City Manager Perez and all Street employees for their assistance during the event.
Mayor Padilla expressed the importance of taking care of City personnel during
emergency weather events.
Public Works Director Groen stated the health and safety of all City employees is taken
very seriously and noted, during the snow event there were regular check-ins with Staff.
Councilmember Kell asked citizens to report all potholes resulting from the snow event.
AN UPDATE on the Polk-Quincy Viaduct Project was provided by Brian Armstrong,
Bartlett and West Engineers, Inc., Steve Baalman, Kansas Department of Transportation, was
present for questions.
Councilmember Hoferer thanked Brian Armstrong and Steve Baalman for the update and
inquired how they will handle the demolition of buildings along the eastside of Kansas Avenue,
near the Kansas Avenue Bridge.
Councilmember Miller inquired on when the Polk-Quincy Viaduct was initially built and
how long the new project will last.
Councilmember Hiller thanked Brian Armstrong and Steve Baalman for the update and
noted, the entire project was located in District 1. She expressed her excitement with the new
design and the access it provides to downtown, the Kanas riverfront and other attractions. She
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thanked them for providing sufficient traffic control signs to protect effected neighborhoods.
Steve Baalman stated they are still waiting on the plan from the sub-contractor and noted,
they are responsible for the demolition within the footprint that would be available to them. He
reported the demolition will start in late March and continue through this year and maybe into
next year; they would need to work with the State Historical Preservation Office on certain
buildings in the first phase of the project; the original Polk-Quincy viaduct was built in 1962 and
was difficult to maintain; and it was anticipated the new Viaduct project would take 5 years to
complete and it was expected to last 60-70 years and be much easier to maintain.
Dr. Robert M. Perez, City Manager, commended the team for considering and providing
a beautiful design and aesthetics to transition between the Downtown and North Topeka NOTO
areas.
Councilmember Dobler spoke to the complexity of the project and the great cooperation
and partnership between the City and KDOT for the $200 million project.
Councilmember Miller suggested partnering with local schools and finding educational
opportunities of the project.
Mayor Padilla commended the team for a great design to enhance the project making it
attractive for the city.
APPROVAL of CONTRACT NO. 52652, a professional engineering contract
amendment between the City of Topeka and Cook, Flatt and Strobel Engineers, P.A., for
providing construction inspection and administration services for Project 501105.05, was
presented.
APPROVAL of the MINUTES of the regular meeting of January 21, 2025, was
presented.
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APPROVAL of a Cereal Malt Beverage License Application for Casey’s Store #4477
located at 1404 SW 17th Street, Topeka, Kansas, was presented.
Councilmember Dobler moved to approve the consent agenda. The motion seconded by
Councilmember Miller carried unanimously on voice vote. (10-0-0)
ORDINANCE NO. 20544 introduced by Councilmember Valdivia-Alcala and
Councilmember Dobler concerning camping prohibitions amending Sections 9.45.350 and
9.45.360 of the Topeka Municipal Code, was presented. (Deferred from the meeting on January
21, 2025.)
Councilmember Valdivia-Alcala listed the proposed language amendments as follows:
• Line 25: Amend to add "or a lawful tenant"
• Line 26: Amend the definition of "Camp" to exclude camping at camping sites for
recreational vehicles, travel trailers, campers or tents.
• Line 41: Amend the definition of "Public Infrastructure" to reflect the Federal
Emergency Management Agency (FEMA) language.
• Line 54: Add a definition for the term "Vehicle."
• Line 63: Amend to state "Within 100 feet instead of 500 feet of any Public
Infrastructure."
• Line 65: Amend to state camping is illegal "Upon private property (except by the
owner on record or lawful tenant) exceeding 10 days within a six-month period."
• Line 80: Add language concerning "Violation of state or local law."
Councilmember Dobler stated when the initial ordinance was adopted in 2024, it was
with the understanding that amendments would need to be made along the way as they address
camping, and the proposed ordinance was an improved version after much discussion and
deliberation.
Councilmember Dobler moved to adopt the ordinance. The motion was seconded by
Councilmember Kell.
Councilmember Hiller expressed concern with prohibiting camping in a car in certain
situations as well as the 10-day limit on private property as it relates to a guest camping on
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private property.
Councilmember Valdivia-Alcala expressed her disappointment with Councilmember
Hiller. She spoke to the vital need to pass the ordinance to address the unsheltered population
issues in District 2.
Amanda Stanley, City Attorney, reported the 10-day requirement was a policy decision
made by the Governing Body in 2024 as well as the language related to camping in a car; the
definition of camping allows families to camp in their private yards; and the City’s Recreational
Vehicle (RV) ordinance was more specific and should be amended separately.
Councilmember Kell spoke in support of the 10-day requirement to allow youth to have
camping experiences in their private residential yards.
Councilmember Hiller stated she believes they need to consider how enforcement would
be effected with the language amendments.
Councilmember Duncan spoke in support of the ordinance because it addresses critical
issues and they have the ability to adjust the language at a later date as needed.
Councilmember Miller expressed his hope the Police Department would have discretion
in handling situations on a case-by-case basis as it relates to enforcement.
Councilmember Miller called the question to cease discussion on the ordinance. The
motion seconded by Councilmember Valdivia-Alcala carried on voice vote. Councilmember
Ortiz voted “no.” (9-1-0)
The motion to adopt the ordinance carried on voice vote. Councilmember Hiller voted
“no.” The Mayor does not vote. The proposed ordinance involves a matter of home rule on
which the Mayor has veto authority.
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The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Valdivia-
Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer -8. Nays: Hiller -1. (8-1-0)
DISCUSSION of a Contract Amendment for the SW Huntoon Street, Street Design
Project from Gage Boulevard to Harrison Street, was presented. (Project No. 701028.00)
Mike Moriarty, Kansas Department of Transportation (KDOT) Director of Planning and
Development, reported the Governing Body approved the original design contract to only
include preliminary design and public engagement; however, based on public comment, Staff
was recommending the full reconstruction of the road including reduction to one travel lane, the
inclusion of appropriate “Complete Streets” items and replacement/repair of water, storm and
sanitary utilities with a maximum increase of $2,988,860 for a total project budget not to exceed
$3,337,340.
Councilmember Duncan questioned the need for a 10-foot sidewalk design and requested
it be reduced to 5-6 feet due to the fact a separate bike lane would be constructed. He expressed
concern with reducing the footprint of yards abutting the street unless it was absolutely
necessary.
Steven Groen, Public Works Director, stated the standard width for a two-path sidewalk
was 10-foot.
Councilmember Hoferer expressed concern with 10-foot sidewalks as it relates to
increased water runoff and displacement of trees. She stated she would prefer 5-foot sidewalks.
She questioned parking in front of the businesses in the area of Westboro as well as the plan for
abandoned waterlines. She questioned the impact of bump-outs on emergency and delivery
vehicle access.
Mike Moriarty stated it was the desire of area families to have 10-foot sidewalks and all
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abandoned waterlines will be removed.
Public Works Director Groen stated he recently received feedback from the Topeka Fire
Department concerning the bump-outs and they have asked the consultant to take their concerns
into consideration.
Councilmember Banks asked how the design was determined and expressed concern with
mirroring the 12th Street project design.
Mike Moriarty stated it was a team effort to incorporate the City’s “Complete
Streets” plan adopted by the Governing Body in 2009. He explained the design will decrease
from two lanes to one-lane to assist with the amount of traffic accidents in the area and to
improve safety.
Councilmember Miller stated it would be in the best financial interest of the City to
consider a full depth design as it will impact the safety of citizens.
Mayor Padilla inquired the number of accidents that have taken place on 12th Street with
the current design.
Councilmember Duncan inquired on the project timeline and proposed traffic speed of
the street.
Braxton Copley, Assistant City Manager, reported the traffic speed will decrease along
with the travel time due to the reduction of stops required on Huntoon Street.
Councilmember Hiller provided the history of the project and why the concept of
“Complete Streets” works with the 12th street project.
Councilmember Kell spoke to his personal experiences as it relates to reducing traffic
accidents along Huntoon.
Following a 10-minutes recess, DISCUSSION concerning the proposition of levying an
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additional special purpose citywide retailers’ sales tax of five-tenths of one percent (0.5%) for
the purpose of providing essential public safety that ensures a vibrant and healthy community,
for sustainable solutions to increase availability of affordable housing, and to effectively combat
homelessness with multifaceted solutions, was presented.
Skylan Wagner spoke to the importance of transparency of funding allocations on how it
will be spent and ensuring the dollars are spent on what was being promised. He expressed
concern with the residents that are most effected by an additional sales tax and the importance of
the affordable housing proposal.
Martha Boatright spoke to the importance of providing detail about how the funds will be
spent. She urged the City Council to make large developers pay back taxes, and to review
funding allocations in detail for the Police Department,
Anton Ahrens, Justice Unity and Ministry Project (JUMP) Board Member, reported the
Housing Trust Fund has been in effect for 650 days with no action being taken while housing
costs and inflation continue to rise. He requested the Housing Trust Fund Committee be
convened for the purpose of allocating housing trust fund dollars and urged that the language on
the ballot to be specific about affordable housing, public safety and addressing homeless issues
so Citizens understand exactly how funds will be used. He distributed documents to the City
Clerk for the record representing “Topeka families that cannot afford a safe place to live.”
Danielle Twemlow stated she concurs with the previous comments. She spoke to the
importance of developers being required to pay the taxes they owe or they do not receive any
more incentives. She stated in order for people to thrive they must increase available social
service programs and affordable housing. She stated she believes public safety means something
very different than what was being proposed.
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Dr. Robert M. Perez, City Manager, stated he takes the proposal very seriously. He
referenced the City’s plan to sell Hotel Topeka in 2025, and his plans to review in detail how to
reduce the City’s operational budget, no matter the outcome of the sales tax proposal. He
reported as the initiative moves forward, they will continue to be considerate of Staff morale as
well as mindful of the fact an additional sales tax will result in an overall area sales tax of 10%.
He recognized that tax increases are not popular; however, it was his hope the community will
have a better understanding of the proposal and how funds will be spent from the presentation.
Josh McAnarney, Finance Division Director, provided an overview of Revenue and
Expenses to include the Options to Increase Revenue in 2026 (Attachment A); Options to
Remove Expenses in 2026 and beyond (Attachment B); and a Summary of Previously Listed
Options (one-time savings) totaling $12.9 million (Attachment C).
Councilmember Valdivia-Alcala expressed concern with the proposed cuts to grant
funding and the vital need to determine which social service agencies will serve the community
best.
Councilmember Miller stated he believes there was an expectation there will be an
increased responsibility of public safety if additional public safety funds are approved with a
sales tax initiative. He stated he concurs with Councilmember Valdivia-Alcala and the
importance of the appropriate social services being funded. He expressed the importance of
considering the future of the community for generations to come and reminded citizens they will
make the ultimate decision to impose an additional sales tax.
Councilmember Kell stated they need to consider many different points of view. He
spoke to the importance of the long-term effect it will have on the community as a whole.
Councilmember Valdivia-Alcala spoke to the difficulty of deciding how to proceed due
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to the lack of trust by the community of how the money will be spent. She asked the City
Manager if detailed information could be included in the ballot question.
City Attorney Stanley provided examples of ballot measures used by other cities where
specific percentages are listed within the ballot question of how funds will be spent.
City Manager Perez stated the ballot question would include specific details and
percentages.
Councilmember Valdivia-Alcala spoke to the importance of combining services to
address the serious systemic issues in the community and the importance of educating the public
on the ballot question.
Councilmember Dobler stated the proposed sales tax would be considered a regressive
tax. He spoke in opposition of proposing a sales tax at this time through mail in ballots and
expressed the importance of allowing the proposal to be voted on in November at a regular
election. He suggested they work to approve a budget for 2026 and possibly propose a sales tax
at a later time.
Councilmember Duncan spoke to the importance of working with Shawnee County to
collect back taxes or change policies to collect it. He provided an overview of ideas that could be
considered for cost savings in the budget and recommended working together to draft a Budget
for 2026. He stated they need to make the tough decisions before they impose a sales tax and
suggested the following:
• Review the document distributed by Councilmember Hiller and adopted with the
2025 Operating Budget listing ideas for cost savings and budget cuts. (Attachment
D)
• Review the triage budget approach that was taken by the City of Topeka during
the COVID-19 pandemic resulting in $5 million budget reduction.
• Review departmental structures and budgets in detail to realize possible savings.
• Consider the reorganization of the Engineering Department.
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• Review and implement citywide fee changes where feasible.
• Review the “Douglas County First” policy addressing unsheltered populations.
• Evaluate the City’s health insurance plan and review the possibility of eliminating
the use of a private insurance company.
• Rely on laws to press Shawnee County to sell more properties eligible for the Tax
Foreclosure Sale.
• Begin to collect from those who owe the City a significant amount of back taxes.
City Manager Perez reminded the Governing Body the current budget model was not
sustainable and no matter the decision of the Body regarding the sales tax proposal, budget cuts
will have to be made.
Councilmember Ortiz concurred with Councilmember Dobler and stated she would not
support a sales tax proposal at this time. She also stated she believes they have the latitude to
wait a year and make the hard decisions before they ask the citizens to vote on a sales tax
proposal.
Councilmember Hiller stated the tough decisions need to be made by May of 2025. She
spoke in opposition of an additional sales tax as proposed. She stated the City faces a structural
deficit of $17 million in 2026, and $21 million in 2027. She referenced the $8.5 million of cuts
she proposed as part of the 2025 budget (Attachment D) and believes they could find $10 million
in cuts. She spoke in opposition of hiring freezes and salary cuts and suggested reviewing
efficiencies in each department. She proposed for a duration of 5 years, a 0.2% additional sales
tax for public safety to cover the budget in place indefinitely; and .01% for affordable housing
development; and .01% to combat homeliness, totaling $3.8 million. (Attachment E)
Councilmember Kell expressed concern with cutting necessary services within each
department and the impact it would have on the long-term sustainability of the City as an
organization.
Councilmember Miller stated he concurs with Councilmember Dobler and spoke to the
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importance of allowing the Citizens to make the decision on an additional sales tax, and then
they can make the tough decisions about the budget.
City Manager Perez stated the $4.4 million deficit will result in a 2% cut in Fire; 2% cut
in Police and 6% cut in the General fund and if no additional revenue was generated, those
percentages will increase in 2027.
PUBLIC COMMENT was submitted via email by Joseph Ledbetter (Attachment F) and
provided by the following individuals:
Benjamin Heusted, Fraternal Order of Police (FOP) President, spoke on behalf of the
Topeka Police Department and the Shawnee County Sheriff’s Department, and urged the
Governing Body to make public safety a priority when considering budget decisions. He reported
violent crimes have increased over the past several years and the elimination of proactive police
units may be one of the influential factors. He referenced the recently approved increased wages
of public safety employees and the importance of having an appropriate budget to provide
equipment and essential services.
Collyn Hoffman, International Association of Fire Fighters (IAFF) President, stated he
concurs with comments made by Benjamin Heusted. He spoke in support of utilizing every
financial tool available to address the budget deficit; the importance of Fire personnel in
emergency situations having the appropriate equipment, and the importance of retaining Fire
personnel. He urged the Governing Body to keep public safety at the forefront of their minds as
they deliberate on the budget.
Sean Knittle referenced the recent snow event and the City’s outdated snow removal
policy. He suggested the City implement a temporary parking ban on one-side of the street
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during snow events; implement temporary snow removal employment positions; plow closer to
the curbs; and add alleys to the snow removal plan where appropriate.
ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF
THE COUNCIL:
Brenda Younger, City Clerk, provided an overview of the February 11, 2025, Governing
Body meeting agenda and made the following announcements:
1. A Citizen Government Review Committee Meeting would be held on February 5,
2025, at the Cyrus K. Holliday Building First Floor Conference Room, located at 620
SE Madison Street, Topeka, Kansas, from 11:00 a.m. to 1:00 p.m.
2. A Topeka Development Corporation (TDC) Board meeting would be held on
February 11, 2025, in the City Council Chambers located at 214 SE 8th Street, 2nd
Floor, Topeka, Kansas, at 5:00 p.m. prior to the Governing Body meeting.
3. A Joint Economic Development Organization (JEDO) Board meeting would be held
on February 12, 2025, in the City Council Chambers located at 214 SE 8th Street, 2nd
Floor, Topeka, Kansas, at 6:00 p.m.
Dr. Robert M. Perez, City Manager, announced a new electronic voting system has been
purchased and Staff is working to implement the system over the next couple of months.
Councilmember Valdivia-Alcala referenced a recent video that was released related to a
Topeka Police shooting of what appeared to be a black male having a mental health episode. She
stated they must stop killing black men and do better.
Councilmember Kell spoke in support of professional hockey returning to Topeka. He
encouraged citizens to shop local. He referenced a recent article where he was misstated and
asked Citizens to do their research when it comes to what is posted in the Media.
Councilmember Duncan announced District 8 Office Hours would be held on February 6,
2025, from 4:00 p.m. to 5:30 p.m. in Fairlawn Plaza. He also announced Bob Dylan would be
performing at the Topeka Performing Arts Center (TPAC) in March 2025.
Councilmember Hiller moved to extend the meeting past 10:00 p.m. The motion
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seconded by Councilmember Miller carried. Councilmembers Ortiz and Dobler voted “no.” (8-2-
0)
Councilmember Miller moved to recess into executive session not to exceed 30 minutes
to discuss personnel matters involving one or more individual employees under KSA 75-
4319(b)(1). The open meeting will resume in this room in the Governing Body Chambers. The
following staff will be necessary to assist the Governing Body in its deliberations, City Attorney
Stanley and other Staff members deemed necessary. The motion was seconded by
Councilmember Hiller.
Mayor Padilla asked all those in favor of recessing into executive session to indicate so
by verbally saying “yea” and those opposing to indicate so verbally by saying “no.” The motion
carried on voice vote. Councilmembers Valdivia-Alcala and Dobler voted “no.”
At the conclusion of the executive session, the meeting reconvened into open session and
Mayor Padilla announced no action was taken during the executive session.
NO FURTHER BUSINESS appearing the meeting adjourned at 10:05 p.m.
(SEAL)
Brenda Younger City Clerk
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Agenda
City Council Chambers 214 SE 8th St.,
2nd Floor Topeka, KS 66603
https://www.topeka.org
Governing Body Agenda
February 4, 2025
6:00 PM
Mayor: Michael A. Padilla
Councilmembers
Karen A. Hiller District No. 1 Marcus D.L. Miller District No. 6
Christina Valdivia-Alcala District No. 2 Neil Dobler District No. 7
Sylvia E. Ortiz District No. 3 Spencer Duncan District No. 8
David Banks District No. 4 Michelle Hoferer District No. 9
Brett D. Kell District No. 5
City Manager: Dr. Robert M. Perez
Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals
must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the
date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the
meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City
Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or
before the date of the meeting for attachment to the meeting minutes.
If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas
Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible. Assistive listening devices are available for
use in the community forum.
Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 166, Topeka,
Kansas, 66603 or on the City's website at https://www.topeka.org.
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2. APPOINTMENTS:
A. Board Appointment - Human Relations Commission
BOARD APPOINTMENT recommending the appointment of Zachary Surritt to the Topeka
Human Relations Commission to fill an expired term ending February 7, 2027. (Council District
No. 6)
B. Board Appointment - Downtown Business Improvement District Advisory Board
BOARD APPOINTMENT recommending the appointment of Gary Piland to the Downtown
Business Improvement District Advisory Board to fill a term ending February 4, 2027. (Council
District No. 1)
3. PRESENTATIONS:
2025 Snow Event
Polk-Quincy Viaduct Project Update
4. CONSENT AGENDA:
A. Professional Engineering Contract Amendment - Project No. 501105.05
APPROVAL of a professional engineering contract amendment between the City of Topeka and
Cook, Flatt and Strobel Engineers, P.A., for providing construction inspection and
administration services for Project 501105.05.
(Approval will authorize the City Manager to sign and execute the contract amendment for a total
not-to-exceed amount of $99,000. Project will run parallel to NW Reo, extending from the west side
of NW Topeka Boulevard.)
B. MINUTES of the regular meeting of January 21, 2025
C. APPLICATIONS:
5. ACTION ITEMS:
A. Ordinance - Camping Prohibitions
ORDINANCE introduced by Councilmember Valdivia-Alcala and Councilmember Dobler
concerning camping prohibitions amending Sections 9.45.350 and 9.45.360 of the Topeka
Municipal Code. (The proposed ordinance involves a matter of home rule on which the Mayor has
veto authority)
Voting Requirement: Action requires five (5) votes of the City Council. The Mayor does not
vote.
(Approval will expand the definition of public infrastructure and clarify parameters for camping on
private property.)
6. NON-ACTION ITEMS:
A. Discussion - SW Huntoon Street Reconstruction Project Design 701028.00
DISCUSSION of a Contract Amendment for the SW Huntoon Street, Street Design Project
from Gage Boulevard to Harrison Street. (Project No. 701028.00)
(Staff is seeking direction from the Governing Body on scope of consulting services set forth in the
design contract amendment for the SW Huntoon Street Improvement Project.)
B. Discussion - Sales Tax Resolution
DISCUSSION concerning the proposition of levying an additional special purpose citywide
retailers’ sales tax of five-tenths of one percent (0.5%) for the purpose of providing essential
public safety that ensures a vibrant and healthy community, for sustainable solutions to
increase availability of affordable housing, and to effectively combat homelessness with
multifaceted solutions.
(If the proposed resolution is approved, a special question mail ballot election shall be held in the
manner prescribed by law on April 28, 2025, for the purpose of submitting to the electors of the City
of Topeka, Kansas, the question of levying an additional citywide special purpose retailers’ sales tax
in the amount of five-tenths of one percent (0.5%) to provide essential public safety that ensures a
vibrant and healthy community, for sustainable solutions to increase availability of affordable
housing, and to effectively combat homelessness with multifaceted solutions. Sales tax shall take
effect on October 1, 2025, and expire October 1, 2035.)
7. PUBLIC COMMENT:
Public comment for the meeting will be available via Zoom or in-person.
Individuals must contact the City Clerk's Office at 785-368-3940 or via email at
cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after
which the City Clerk's Office will provide Zoom link information and protocols
prior to the meeting. Written public comment may also be considered to the
extent it is personally submitted at the meeting or to the City Clerk's Office
located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at
cclerk@topeka.org on or before the date of the meeting for attachment to the
meeting minutes. View the meeting online at
https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
8. ANNOUNCEMENTS:
9. EXECUTIVE SESSION:
Executive Sessions are closed meetings held in accordance with the provisions of the Kansas
Open Meetings Act.
(Executive sessions will be scheduled as needed and may include topics such as personnel
matters, considerations of acquisition of property for public purposes, potential or pending litigation
in which the city has an interest, employer-employee negotiations and any other matter provided for
in K.S.A. 75-4319.)
10. ADJOURNMENT:
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
February 4, 2025
DATE: February 4, 2025
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Human Relations PROJECT #:
Commission
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the appointment of Zachary Surritt to the Topeka Human
Relations Commission to fill an expired term ending February 7, 2027. (Council District No. 6)
VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
Ordinance 18382. The purpose of the Topeka Human Relations Commission is to endeavor to eliminate prejudice
among various racial, ethnic and other groups in the city, and to further goodwill among all people of the city.
STAFF RECOMMENDATION:
Councilman Miller nominates and Mayor Padilla recommends the appointment of Zachary Surritt to the Topeka
Human Relations Commission to fill a term ending February 7, 2027. Mr. Surritt is a resident of Topeka as
required for nomination.
BACKGROUND:
This is a City-created board where the City Council nominates and the Mayor appoints. The board shall be
comprised of nine members and serve two-year terms. Members shall be drawn from diverse racial, ethnic,
commercial, industrial and other segments of the community and shall be city residents. Members shall serve
without compensation.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Z. Surritt Application
City of Topeka Boards and Commissions
Application
Submitted on 16 November 2024, 10:20AM
Receipt number 300
Related form version 9
Profile
First Name Zachary
Last Name Surritt
Email Address zac@randsmaintenance.com
Street Address 1259 SW Pembroke Ln
Suite or Apt
City Topeka
State Kansas
Zip 66604
Are you a resident of the City of Topeka? Yes
What district do you live in? District 6
Primary Phone 785-249-9317
Alternate Phone
Employer R&S Maintenance Services, Inc.
Job Title Business Development Director
Which Board would you like to apply for? Human Relations Commission
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or I have served on the Human Relations Commission since February of
commission: 2022 and would like to continue my service to our community in this
capacity for another term.
Interests & Experiences
Please describe your education, experience, and expertise Bachelor of Public Administration, Washburn University - 2020
including any honors, awards, civic, cultural, charitable or Chair of Forge Young Talent, 2024
professional organization memberships that relate to the Advocacy Chair of Forge Young Talent, 2022 - Present
position you are seeking. Topeka Human Relations Commission, 2022 - Present
Meriden - Ozawkie Chamber of Commerce, VP, 2024
Topeka Facility Managers Association, Programs Chair, 2024
United Way of Kaw Valley, Resource Development Committee, 2024
Kansas NextGen Under 30 Recipient, 2024
List any professional licenses you hold in Kansas and advise if Public Notary, Current
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you Zachary Surritt Resume.pdf
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic
Gender Male
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
2 of 3
Link to signature
Alternative electronic signature
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
February 4, 2025
DATE: February 4, 2025
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Downtown Business PROJECT #:
Improvement District
Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the appointment of Gary Piland to the Downtown Business
Improvement District Advisory Board to fill a term ending February 4, 2027. (Council District No. 1)
VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The purpose of the Downtown Business Improvement District Advisory board (BID) is to monitor and oversee
services provided pursuant to the business improvement district act. The board shall conduct its business in
accordance with City Code.
STAFF RECOMMENDATION:
Mayor Padilla nominates and recommends the appointment of Gary Piland to the Downtown Business
Improvement District Advisory Board (BID) to fill a term ending on February 4, 2027.
BACKGROUND:
This is a statutory board wherein the Mayor nominates and the Council has final approval. The Downtown
Business Improvement District Advisory Board shall consist of nine members representing businesses located in
the district. Members serve two-year terms and there are no term limits.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
G. Piland Application & Resume
City of Topeka Boards and Commissions
Application
Submitted on 11 December 2024, 1:36PM
Receipt number 327
Related form version 9
Profile
First Name Gary
Last Name Piland
Email Address gp@umbrellaumbrella.com
Street Address 925 S Kansas Ave
Suite or Apt STE 4
City Topeka
State Kansas
Zip 66612
Are you a resident of the City of Topeka? Yes
What district do you live in? District 1
Primary Phone 7852212246
Alternate Phone 7852212246
Employer Self
Job Title President/CEO
Which Board would you like to apply for? Downtown Business Improvement District Advisory Board
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or I'd like to help shape the future of Downtown Topeka.
commission:
Interests & Experiences
Please describe your education, experience, and expertise High school graduate. Musician: 10 years. Car sales: 4 years. Joined
including any honors, awards, civic, cultural, charitable or Admark Advertising 1991 as IT manager. Moved to Callahan Creek
professional organization memberships that relate to the (when it spit from Admark) Vice Presideint, CTO and Director of
position you are seeking. Interactive Services. 2003 formed Umbrella, my web development and
graphic design company. Added my film company subsidiary, Roaring
Rat Films, in 2010. Currently 3 movies on Amazon. Board member of
North Topeka Business Alliance. My wife and I bought a building
downtown and refurbed it in 2020.
List any professional licenses you hold in Kansas and advise if I don't hold any professional licenses.
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity American Indian/Alaskan Native Aleutian
Gender Male
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
2 of 3
Uploaded signature image: Gary-Piland-signature.png
Alternative electronic signature
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
Gary Piland
785.221.2246 | gp@umbrellaumbrella.com
925 S Kansa Ave, STE 4, Topeka, KS 66612
Gary Piland is an innovator, a creative thinker and serial
entrepreneur. He cares deeply about his clients and their success.
Self-taught in virtually all of his skillsets, he continues to seek
ways to improve his services, his businesses and his community.
His motto: “How hard can it be?”
EXPERIENCE
President/CEO, Roaring Rat Films — 2010-Present
Roaring Rat Films has written, directed and produced 3 movie shorts and 3 full-length movies.
“Zombie, Kansas - Death in the heartland.”, “Blackstone - Hand of God” and “Zombie Beauty
Pageant - Drop. Dead. Gorgeous.” are available to stream on Amazon Prime in the US and UK.
President/CEO, Umbrella — 2003-Present
Umbrella has created over 250 websites, numerous graphic design projects and done extensive pro
bono work for a myriad of clients. Umbrella has a reputation for quality, originality and exceptional
client service.
Vice President, CTO, Director of Interactive Services, Callahan Creek Advertising — 1991-2003
Began as an IT Manager at Admark Advertising in 1991 and remained with Callahan Creek
Advertising in 2001 when Admark split into two entities. Became Chief Technical O cer, Vice
President and Director of Interactive Services before leaving in December 2003 to found Umbrella.
Account Representative, Computer Patch — 1989-1990
Sold and supported computer systems in Topeka, Kansas.
Sales, Ed Bozarth Chevrolet, Dale Sharp BMW/Mercedes, Yarrington Oldsmobile — 1984-1988
Sold cars for 3 major dealerships in Topeka. Salesman of the Month on several occasions.
Professional Musician, multiple bands — 1971-1984
Drummer, vocalist, songwriter for several Kansas-based bands, most famously, Limousine, a hard
rock band from Topeka that toured the midwest for 8 years.
EDUCATION
Graduate Buhler High School — 1970
Fun fact: Attended 21 schools before graduating high school.
SKILLS
Computer programmer, graphic designer, Apple IT specialist, scriptwriter, playwright, movie
director, video editor, property owner/developer.
AWARDS
Multiple advertising awards including best of shows for creative projects, websites and interactive
online applications.
ffi
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
February 4, 2025
DATE: February 4, 2025
CONTACT PERSON: Steve Groen, Public DOCUMENT #:
Works Director; Brian
Armstrong, Bartlett and
West Engineers, Inc.
SECOND PARTY/SUBJECT: 2025 Snow Event PROJECT #:
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
2025 Snow Event
Polk-Quincy Viaduct Project Update
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:
ATTACHMENTS:
Description
2025 Snow Event Presentation
January 4-5, 2025
Snow Event
Steve Groen, Public Works Director
Winter Storm Warnings 2
• 3:21 AM January 2, the National Weather Service issued a
WINTER STORM WATCH
• 1:13 PM January 3, upgraded to a WINTER STORM WARNING
starting January 4
9:00 a.m. Saturday to 12:00 a.m. on Monday
• 1:51 PM January 4, upgraded to a BLIZZARD WARNING Starting
January 5
3:00 a.m. on Sunday to 12:00 a.m. on Monday
• DISASTER EMERGENCY – January 5
On Sunday, the Governor declared a disaster emergency for
the whole state
Historical Snowfall Data 3
Response Timeline 4
Thursday & Friday, January 2nd & 3rd
• Pre-treated main arterials, collectors, emergency
routes, and major intersections
Saturday, January 4th
• Crews began 24-hour operations in 12-hour shifts
• Sanding and deicing of main arterials, collectors,
emergency routes, and major intersections
Response Timeline 5
Sunday, January 5th
• Crews began snow plowing and treating for ice
on arterials, collectors, emergency routes and
major intersections
Tuesday, January 7th
• Crews began snow plowing and treating for ice in
residential neighborhoods
24-hour operations in 12-hour shifts continued through January 13th
• 14” of snow 6
• 3,966 labor hours
• 19,900 gallons of liquid ice
melt (Brine)
• 3,614 tons of salt
• 28,196 miles driven
• Total Cost: $972,686
• Contractor cost was
$261,000 of the total.
AVL Example 7
8
What was out of our control 9
• Freezing rain 1/2” of ice prior to snowfall
• 14” of snow, followed by an additional 3”
• Temperatures well below freezing for the first 5
days of the event
What we did well 10
• Pre-treated with brine all bridges, emergency/
arterials, collectors, and hot spots
• Cleared bridges, emergency/arterials, collectors
and hot spots
• Staff worked 24 hours a day in 12-hour shifts
• Inner departmental cooperation between Streets,
WPC, Forestry, and Fleet was seamless
What we could have done better 11
• Better communication with public
• Have a public facing real-time GIS map showing the
location of all trucks
• Notified downtown businesses to move vehicles to
parking garages (free of charge) prior to storm
• Had Engineering staff inspect contractor work sooner
Plow residential streets 12
• Change Snow Removal Policy
• Buy 28 more trucks at $6,167,000
• Hire 28 more staff at $1,680,000/year
• Increase size of Street facility
• Attempt to hire additional contractors
13
Questions?
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
February 4, 2025
DATE: February 4, 2025
CONTACT PERSON: Sylvia Davis, Director DOCUMENT #:
of Utilities
SECOND PARTY/SUBJECT: Cook, Flatt and Strobel PROJECT #: 501105.05
Engineers, P.A.
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 005 Professional Services
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
APPROVAL of a professional engineering contract amendment between the City of Topeka and Cook,
Flatt and Strobel Engineers, P.A., for providing construction inspection and administration services for
Project 501105.05.
(Approval will authorize the City Manager to sign and execute the contract amendment for a total not-to-
exceed amount of $99,000. Project will run parallel to NW Reo, extending from the west side of NW Topeka
Boulevard.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the contract that will exceed $50,000.
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the contract as part of the consent agenda.
BACKGROUND:
Whereas the Utilities Department contracted with Cook, Flatt, and Strobel Engineers, P.A. (CFS) under Contract
No. 51626 in the amount of $36,000 for the initial survey, design, and preparation of construction documents for
the storm sewer system running parallel to NW Reo, extending from the west side of NW Topeka Boulevard to its
outfall.
Whereas the City Utilities Department now seeks to amend the agreement with CFS to include construction
inspection and administration services for the project, at an additional cost of $63,000.00;
And whereas the total not-to-exceed amount for the project engineering fees with CFS will be $99,000.00.
BUDGETARY IMPACT:
$99,000
SOURCE OF FUNDING:
Stormwater Fund Resolution No. 9318
ATTACHMENTS:
Description
Proposed Contract
CFS Contract No. 51626 (September 2023)
Capital Improvement Project Summary (2024-2032 CIP)
COOKFLA-01 ARIBORDY
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 12/18/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT Derek Rowe
PRODUCER NAME:
World Insurance Associates, LLC PHONE FAX
(A/C, No, Ext): (785) 271-8097 (A/C, No):
1415 SW Topeka Blvd
ADDRESS: derekrowe@worldinsurance.com
E-MAIL
Topeka, KS 66612
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Cincinnati Insurance Company 10677
INSURED INSURER B : Cincinnati Indemnity Company 23280
Cook, Flatt, & Strobel Engineers PA INSURER C : U.S. Specialty Insurance Company 29599
2930 SW Woodside Dr. INSURER D :
Topeka, KS 66614
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
1,000,000
CLAIMS-MADE X OCCUR ECP 0433938 4/15/2024 4/15/2025 DAMAGE TO RENTED
PREMISES (Ea occurrence) $
1,000,000
MED EXP (Any one person) $
10,000
PERSONAL & ADV INJURY $
1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
2,000,000
POLICY X JECT
PRO-
LOC PRODUCTS - COMP/OP AGG $
2,000,000
OTHER: $
A AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident) $
1,000,000
X ANY AUTO ECP 0433938 4/15/2024 4/15/2025 BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$
A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $
5,000,000
EXCESS LIAB CLAIMS-MADE ECP 0433938 4/15/2024 4/15/2025 AGGREGATE $
5,000,000
DED RETENTION $ $
B WORKERS COMPENSATION X PER
STATUTE
OTH-
ER
AND EMPLOYERS' LIABILITY
Y/N EWC 0433939 4/15/2024 4/15/2025 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N N/A
1,000,000
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
C Prof. Liability USS 24 34665 4/15/2024 4/15/2025 Each Occ./Agg. Limit 5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Stormwater Improvement 501105.05 Design, Inspection, and Materials Testing
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Topeka ACCORDANCE WITH THE POLICY PROVISIONS.
215 SE 7th St.
Topeka, KS 66606
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPlus®
BUSINESS AUTO XC+®
(EXPANDED COVERAGE PLUS)
ENDORSEMENT
This endorsement modifies insurance provided by the following:
BUSINESS AUTO COVERAGE FORM
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
A. Blanket Waiver of Subrogation This provision does not apply unless the valid
written contract has been:
SECTION IV - BUSINESS AUTO CONDI-
TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing
Rights of Recovery Against Others to Us is "bodily injury" or "property damage"; and
amended by the addition of the following:
2. Is still in force at the time of the "accident"
We waive any right of recovery we may have causing "bodily injury" or "property dam-
against any person or organization because of age".
payments we make for "bodily injury" or
"property damage" arising out of the operation D. Employee Hired Auto
of a covered "auto" when you have assumed 1. Changes in Liability Coverage
liability for such "bodily injury" or "property
damage" under an "insured contract", provid- The following is added to the SECTION II
ed the "bodily injury" or "property damage" oc- - LIABILITY COVERAGE, A. Coverage,
curs subsequent to the execution or the "in- 1. Who is an Insured:
sured contract".
An "employee" of yours is an "insured"
B. Noncontributory Insurance while operating an "auto" hired or rented
under a contract or agreement in that
SECTION IV - BUSINESS AUTO CONDI- "employee's" name, with your permission,
TIONS, B. General Conditions, 5. Other In- while performing duties related to the
surance c. is deleted in its entirety and re- conduct of your business.
placed by the following:
2. Changes in General Conditions
c. Regardless of the provisions of Par-
agraph a. above, this Coverage SECTION IV - BUSINESS AUTO CON-
Form's Liability Coverage is primary DITIONS, B. General Conditions, 5.
and we will not seek contribution Other Insurance is deleted in its entirety
from any other insurance for any lia- and replaced by the following:
bility assumed under an "insured
contract" that requires liability to be b. For Hired Auto Physical Damage
assumed on a primary noncontributo- Coverage the following are deemed
ry basis. to be covered "autos" you own:
C. Additional Insured by Contract (1) Any covered "auto" you lease,
hire, rent or borrow; and
SECTION II - LIABILITY COVERAGE, A.
Coverage, 1. Who is an Insured is amended (2) Any covered "auto" hired or
to include as an insured any person or organi- rented by your "employee" under
zation for whom you have agreed in a valid a contract in that individual "em-
written contract to provide insurance as af- ployee's" name, with your per-
forded by this policy. mission, while performing duties
related to the conduct of your
This provision is limited to the scope of the business.
valid written contract.
Includes copyrighted material of ISO
AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4
However, any "auto" that is leased, a. Is effective on the date of acquisition
hired, rented or borrowed with a driver or formation, and is afforded for 180
is not a covered "auto". days after such date;
E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury" or
ment "property damage" resulting from an
"accident" that occurred before you
SECTION III - PHYSICAL DAMAGE COV- acquired or formed the organization;
ERAGE, C. Limit of Insurance is amended
by adding the following: c. Does not apply to any newly acquired
or formed organization that is a joint
4. The most we will pay for all "loss" to au- venture or partnership; and
dio, visual or data electronic equipment
and any accessories used with this d. Does not apply to an insured under
equipment as a result of any one "acci- any other automobile liability policy or
dent" is the lesser of: would be an insured under such a
policy but for the termination of such
a. The actual cash value of the dam- policy or the exhaustion of such poli-
aged or stolen property as of the time cy's limits of insurance.
of the "accident";
3. Any of your "employees" while using a
b. The cost of repairing or replacing the covered "auto" in your business or your
damaged or stolen property with oth- personal affairs, provided you do not own,
er property of like kind and quality; or hire or borrow that "auto".
c. $2,500. G. Liability Coverage Extensions - Supple-
Provided the equipment, at the time of the mentary Payments - Higher Limits
"loss" is: SECTION II - LIABILITY COVERAGE, A.
a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup-
covered "auto" in a housing, opening plementary Payments is amended by:
or other location that is not normally 1. Replacing the $2,000 Limit of Insurance
used by the "auto" manufacturer for for bail bonds with $4,000 in (2); and
the installation of such equipment;
2. Replacing the $250 Limit of Insurance for
b. Removable from a permanently in- reasonable expenses with $500 in (4).
stalled housing unit as described in
Paragraph 2.a. above; or H. Amended Fellow Employee Exclusion
c. An integral part of such equipment. SECTION II - LIABILITY COVERAGE, B. Ex-
clusions, 5. Fellow Employee is modified as
F. Who is an Insured - Amended follows:
SECTION II - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted.
Coverage, 1. Who is an Insured is amended
by adding the following: I. Hired Auto - Physical Damage
The following are "insureds": If hired "autos" are covered "autos" for Liability
Coverage, then Comprehensive and Collision
1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un-
rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE
interest of more than 50% of the voting COVERAGE of this Coverage Part are ex-
stock on the effective date of this cover- tended to "autos" you hire, subject to the fol-
age form. lowing:
However, the insurance afforded by this 1. The most we will pay for "loss" to any
provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash
that is an "insured" under any other au- value or cost to repair or replace, which-
tomobile liability policy or would be an "in- ever is the least, minus a deductible.
sured" under such policy but for termina-
tion of such policy or the exhaustion of 2. The deductible will be equal to the largest
such policy's limits of insurance. deductible applicable to any owned "auto"
for that coverage, or $1,000, whichever is
2. Any organization that is newly acquired or less.
formed by you and over which you main-
tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage
provided by this provision: is excess over any other collectible insur-
ance.
Includes copyrighted material of ISO
AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4
4. Subject to the above limit, deductible, and K. Transportation Expense - Higher Limits
excess provisions we will provide cover-
age equal to the broadest coverage appli- SECTION III - PHYSICAL DAMAGE COV-
cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten-
sured under this policy. sions is amended by replacing $20 per day
with $50 per day, and $600 maximum with
Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor-
to, provided it results from an "accident" for tation Expenses.
which you are legally liable and as a result of
which a monetary loss is sustained by the L. Airbag Coverage
leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV-
pay for any one "accident" is $3,000. ERAGE, B. Exclusions, 3.a. is amended by
If a limit for Hired Auto - Physical Damage is adding the following:
shown in the Schedule, then that limit replac- However, the mechanical and electrical
es, and is not added to, the $50,000 limit indi- breakdown portion of this exclusion does not
cated above and the deductibles shown in the apply to the accidental discharge of an airbag.
Schedule are applicable. This coverage for airbags is excess over any
J. Rental Reimbursement other collectible insurance or warranty.
SECTION III - PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage
ERAGE is amended by adding the following: 1. SECTION III - PHYSICAL DAMAGE
1. We will pay for rental reimbursement ex- COVERAGE, C. Limit of Insurance is
penses incurred by you for the rental of deleted in its entirety and replaced by the
an "auto" because of a "loss" to a covered following, but only for private passenger
"auto". Payment applies in addition to the type "autos" with an original loan or lease,
otherwise applicable amount of each cov- and only in the event of a "total loss" to
erage you have on a covered "auto". No such a private passenger type "auto":
deductible applies to this coverage. a. The most we will pay for "loss" in any
2. We will pay only for those expenses in- one "accident" is the greater of:
curred during the policy period beginning (1) The amount due under the terms
24 hours after the "loss" and ending, re- of the lease or loan to which
gardless of the policy's expiration, with your covered private passenger
the lesser of the following number of type "auto" is subject, but will not
days: include:
a. The number of days reasonably re- (a) Overdue lease or loan pay-
quired to repair the covered "auto". If ments;
"loss" is caused by theft, this number
of days is added to the number of (b) Financial penalties imposed
days it takes to locate the covered under the lease due to high
"auto" and return it to you; or mileage, excessive use or
abnormal wear and tear;
b. 30 days.
(c) Security deposits not re-
3. Our payment is limited to the lesser of the funded by the lessor;
following amounts:
(d) Costs for extended warran-
a. Necessary and actual expenses in- ties, Credit Life Insurance,
curred; or Health, Accident or Disabil-
b. $50 per day. ity Insurance purchased
with the loan or lease; and
4. This coverage does not apply while there
are spare or reserve "autos" available to (e) Carry-over balances from
you for your operations. previous loans or leases, or
5. We will pay under this coverage only that (2) Actual cash value of the stolen
amount of your rental reimbursement ex- or damaged property.
penses which is not already provided for b. An adjustment for depreciation and
under SECTION III - PHYSICAL DAM- physical condition will be made in de-
AGE COVERAGE, A. Coverage, 4. termining actual cash value at the
Coverage Extensions. time of "loss".
Includes copyrighted material of ISO
AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4
2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards
by adding the following, but only for the
purposes of this Loan or Lease Gap SECTION IV - BUSINESS AUTO CONDI-
Coverage: TIONS, B. General Conditions, 2. Conceal-
ment, Misrepresentation or Fraud is
"Total loss" means a "loss" in which the amended by adding the following:
cost of repairs plus the salvage value ex-
ceeds the actual cash value. However, if you unintentionally fail to disclose
any hazards existing on the effective date of
N. Glass Repair - Waiver of Deductible this Coverage Form, we will not deny cover-
age under this Coverage Form because of
SECTION III - PHYSICAL DAMAGE COV- such failure.
ERAGE, D. Deductible is amended by adding
the following: Q. Mental Anguish Resulting from Bodily Inju-
ry
No deductible applies to glass damage if the
glass is repaired in a manner acceptable to us SECTION V - DEFINITIONS, C. "Bodily inju-
rather than replaced. ry" is deleted in its entirety and replaced by
the following:
O. Duties in the Event of an Accident, Claim,
Suit or Loss - Amended "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including men-
SECTION IV - BUSINESS AUTO CONDI- tal anguish and death sustained by the same
TIONS, A. Loss Conditions, 2. Duties in the person that results from such bodily injury,
Event of Accident, Claim, Suit or Loss, a. is sickness or disease. "Bodily injury" does not
amended by adding the following: include mental anguish or death that does not
This condition applies only when the "acci- result from bodily injury, sickness or disease.
dent" or "loss" is known to: R. Coverage for Certain Operations in Con-
1. You, if you are an individual; nection with Railroads
2. A partner, if you are a partnership; With respect to the use of a covered "auto" in
operations for or affecting a railroad:
3. An executive officer or insurance manag-
er, if you are a corporation; or 1. SECTION V - DEFINITIONS, H. "Insured
contract", 1.c. is deleted in its entirety and
4. A member or manager, if you are a lim- replaced by the following:
ited liability company.
c. An easement or license agreement;
2. SECTION V - DEFINITIONS, H. "Insured
contract", 2.a. is deleted.
Includes copyrighted material of ISO
AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS
AND AUTOMATIC WAIVER OF SUBROGATION
WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT,
PERMIT OR AUTHORIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Additional Insured - Owners, Lessees Or cluded in the "products-completed
Contractors - Automatic Status For Other operations hazard", but only if:
Parties When Required In Written Contract
Or Agreement With You (1) The Coverage Part to which this
endorsement is attached pro-
1. Section II - Who Is An Insured is vides coverage for "bodily injury"
amended to include as an additional in- or "property damage" included
sured any person or organization you within the "products-completed
have agreed in writing in a contract or operations hazard"; and
agreement to add as an additional in-
sured on this Coverage Part. Such per- (2) The written contract or written
son(s) or organization(s) is an additional agreement requires you to pro-
insured only with respect to liability for: vide additional insured coverage
included within the "products-
a. "Bodily injury", "property damage" or completed operations hazard"
"personal and advertising injury" for that person or organization.
the
performance of your ongoing opera- If the written contract or written
tions by you or on your behalf, under agreement requires you to provide
that written contract or written additional insured coverage included
agreement. Ongoing operations does within the "products-completed oper-
not apply to "bodily injury" or "proper- ations hazard" for a specified length
ty damage" occurring after: of time for that person or organiza-
tion, the "bodily injury" or "property
(1) All work, including materials, damage" must occur prior to the ex-
parts or equipment furnished in piration of that period of time in order
connection with such work, on for this insurance to apply.
the project (other than service,
maintenance or repairs) to be If the written contract or written
performed by or on behalf of the agreement requires you to provide
additional insured(s) at the loca- additional insured coverage for a
tion of the covered operations person or organization per only ISO
has been completed; or additional insured endorsement form
number CG 20 10, without specifying
(2) That portion of "your work" out of an edition date, and without specifi-
which the injury or damage aris- cally requiring additional insured
es has been put to its intended coverage included within the “prod-
use by any person or organiza- ucts-completed operations hazard”,
tion other than another contrac- this Paragraph b. does not apply to
tor or subcontractor engaged in that person or organization.
performing operations for a prin-
cipal as a part of the same pro- 2. If the written contract or written agree-
ject; and ment described in Paragraph 1. above
specifically requires you to provide addi-
b. "Bodily injury" or "property damage" tional insured coverage to that person or
"your organization:
work" performed under that written
contract or written agreement and in- a. your ongoing opera-
tions or "your work"; or
Includes copyrighted material of Insurance
GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3
b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to
tional insured endorsement that in- the additional insureds described in Para-
cludes your ongoing graph B.1., the following additional exclu-
operations or "your sions apply:
work";
This insurance does not apply to:
then the phrase
y in Paragraph A.1.a. and/or Para- a. "Bodily injury", "property damage" or
graph A.1.b. above, whichever applies, is "personal and advertising injury" aris-
replaced by the phrase . ing out of operations performed for
the federal government, state or mu-
3. With respect to the insurance afforded to nicipality; or
the additional insureds described in Para-
graph A.1., the following additional exclu- b. "Bodily injury" or "property damage"
sion applies: included within the "products-
completed operations hazard."
This insurance does not apply to "bodily
injury", "property damage" or "personal C. The insurance afforded to additional insureds
and advertising injury" arising out of the described in Paragraphs A. and B.:
rendering of, or the failure to render, any 1. Only applies to the extent permitted by
professional architectural, engineering or law; and
surveying services, including:
2. Will not be broader than that which you
a. The preparing, approving or failing to are required by the written contract, writ-
prepare or approve, maps, shop ten agreement, written permit or written
drawings, opinions, reports, surveys, authorization to provide for such addition-
field orders, change orders or draw- al insured; and
ings and specifications; or
3. Does not apply to any person, organiza-
b. Supervisory, inspection, architectural tion, state, governmental agency or sub-
or engineering activities. division or political subdivision specifically
This exclusion applies even if the claims named as an additional insured for the
against any insured allege negligence or same project in the schedule of an en-
other wrongdoing in the supervision, hir- dorsement added to this Coverage Part.
ing, employment, training or monitoring of D. With respect to the insurance afforded to the
others by that insured, if the "occurrence" additional insureds described in Paragraphs
which caused the "bodily injury" or "prop- A. and B., the following is added to Section III
erty damage", or the offense which - Limits Of Insurance:
caused the "personal and advertising inju-
ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi-
ure to render, any professional architec- tional insured is the amount of insurance:
tural, engineering or surveying services.
1. Required by the written contract, written
4. This Paragraph A. does not apply to addi- agreement, written permit or written au-
tional insureds described in Paragraph B. thorization described in Paragraphs A.
and B. For the purpose of determining the
B. Additional Insured - State Or Governmental required amount of insurance only, we will
Agency Or Subdivision Or Political Subdi- include the minimum amount of any Um-
vision - Automatic Status When Required brella Liability or Excess Liability cover-
In Written Permits Or Authorizations age required for that additional insured in
1. Section II - Who Is An Insured is that written contract, written agreement,
amended to include as an additional in- written permit or written authorization; or
sured any state or governmental agency 2. Available under the applicable limits of in-
or subdivision or political subdivision you surance;
have agreed in writing in a permit or au-
thorization to add as an additional insured whichever is less.
on this Coverage Part. Such state or gov-
ernmental agency or subdivision or politi- This endorsement shall not increase the appli-
cal subdivision is an additional insured cable limits of insurance.
only with respect to operations performed E. Section IV - Commercial General Liability
by you or on your behalf for which the Conditions is amended to add the following:
state or governmental agency or subdivi-
sion or political subdivision has issued, in Automatic Additional Insured Provision
writing, a permit or authorization.
Includes copyrighted material of Insurance
GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3
This insurance applies only if the "bodily inju- scribed in Paragraph A. or B. that this in-
ry" or "property damage" occurs, or the "per- surance would be primary to any other in-
sonal and advertising injury" offense is com- surance available to the additional in-
mitted: sured.
1. During the policy period; and As used in this endorsement, wrap-up insur-
ance means a centralized insurance program
2. Subsequent to your execution of the writ- under which one party has secured either in-
ten contract or written agreement, or the surance or self-insurance covering some or all
issuance of a written permit or written au- of the contractors or subcontractors perform-
thorization, described in Paragraphs A. ing work on one or more specific project(s).
and B.
Primary And Noncontributory Insurance
F. Except when G. below applies, the following is When Required By Written Contract,
added to Section IV - Commercial General Agreement, Permit Or Authorization
Liability Conditions, Other Insurance, and
supersedes any provision to the contrary: Except when wrap-up insurance applies to the
claim or "suit" on behalf of the additional in-
When Other Additional Insured Coverage sured, this insurance is primary to and will not
Applies On An Excess Basis seek contribution from any other insurance
This insurance is primary to other insurance available to the additional insured described in
available to the additional insured described in Paragraphs A. and B. provided that:
Paragraphs A. and B. except: 1. The additional insured is a Named In-
1. As otherwise provided in Section IV - sured under such other insurance; and
Commercial General Liability Condi- 2. You have agreed in writing in a contract,
tions, Other Insurance, b. Excess In- agreement, permit or authorization de-
surance; or scribed in Paragraph A. or B. that this in-
2. For any other valid and collectible insur- surance would be primary and would not
ance available to the additional insured as seek contribution from any other insur-
an additional insured on another insur- ance available to the additional insured.
ance policy that is written on an excess As used in this endorsement, wrap-up insur-
basis. In such case, this insurance is also ance means a centralized insurance program
excess. under which one party has secured either in-
G. The following is added to Section IV - Com- surance or self-insurance covering some or all
mercial General Liability Conditions, Other of the contractors or subcontractors perform-
Insurance, and supersedes any provision to ing work on one or more specific project(s).
the contrary: H. Section IV - Commercial General Liability
Primary Insurance When Required By Writ- Conditions, Transfer Of Rights Of Recov-
ten Contract, Agreement, Permit Or Au- ery Against Others To Us is amended by the
thorization addition of the following:
Except when wrap-up insurance applies to the Waiver of Subrogation
claim or "suit" on behalf of the additional in- We waive any right of recovery against any
sured, this insurance is primary to any other additional insured under this endorsement,
insurance available to the additional insured because of any payment we make under this
described in Paragraphs A. and B. provided endorsement, to whom the insured has
that: waived its right of recovery in a written con-
1. The additional insured is a Named In- tract, written agreement, written permit or writ-
sured under such other insurance; and ten authorization. Such waiver by us applies
only to the extent that the insured has waived
2. You have agreed in writing in a contract, its right of recovery against such additional in-
agreement, permit or authorization de- sured prior to loss.
Includes copyrighted material of Insurance
GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3
Contract No.
Project No.
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
2025 RATE SCHEDULE
COOK, FLATT & STROBEL ENGINEERS, P.A.
LABOR CATEGORY HOURLY RATE
Senior Engineer $ 193.00
Engineer $ 171.00
Intern Engineer $ 129.00
Senior Designer $ 178.00
Senior Design Technician $ 169.00
Senior Technician $ 129.00
Technician $ 108.00
Junior Technician $ 89.00
Licensed Surveyor $ 163.00
Survey Chief $ 130.00
Survey Technician $ 94.00
Survey Crew (2 person) $ 233.00
Survey Crew (1 person) $ 168.00
Drilling Crew (2 person) $ 339.00
Construction Manager $ 198.00
Construction Supervisor $ 135.00
Senior Construction Technician $ 133.00
Construction Technician $ 109.00
Junior Construction Technician $ 77.00
Project Manager $ 250.00
Principal $ 294.00
Administrative $ 159.00
Clerical/Support $ 99.00
Direct Expenses
Current IRS
Mileage Rates
Mileage (Drill rig) $ 5.77
Motel At Cost
Meals $ 61.00
1
9/25/2024
Certificate Of Completion
Envelope Id: 160EBD21-7FC5-44BB-9DB2-C0AAB08FCBCD Status: Sent
Subject: Utilities Contract#51626 Amendment #1 CFS Engineers, P.A. NW Reo St StormSewer Improvement 501105.05
Document Type: Contract/Agreement/Addendums/Renewals/Change Order
Department: Utilities
Source Envelope:
Document Pages: 12 Signatures: 5 Envelope Originator:
Certificate Pages: 8 Initials: 0 Zach Stueve
AutoNav: Enabled zstueve@topeka.org
EnvelopeId Stamping: Enabled IP Address: 98.168.117.239
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original Holder: Zach Stueve Location: DocuSign
1/10/2025 1:34:33 PM zstueve@topeka.org
Signer Events Signature Timestamp
Zach Stueve Sent: 1/10/2025 1:38:19 PM
Completed
zstueve@topeka.org Viewed: 1/10/2025 1:38:31 PM
Security Level: Email, Account Authentication Signed: 1/10/2025 1:43:45 PM
(None) Using IP Address: 170.85.8.119
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nicole Malott Sent: 1/10/2025 1:43:47 PM
nmalott@Topeka.org Viewed: 1/10/2025 5:00:03 PM
Deputy Director of Utilities Signed: 1/10/2025 5:00:40 PM
City of Topeka
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sylvia Davis Sent: 1/10/2025 5:00:43 PM
sdavis@topeka.org Viewed: 1/12/2025 7:37:44 AM
Security Level: Email, Account Authentication Signed: 1/12/2025 7:38:05 AM
(None)
Signature Adoption: Drawn on Device
Using IP Address: 107.77.207.78
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 1/12/2025 7:37:44 AM
ID: 2e9e1b0a-ecbf-47a9-91eb-d7dda7da391c
Brittany Nicole Ebert-Wirtz Sent: 1/13/2025 8:57:50 AM
bewirtz@topeka.org Viewed: 1/13/2025 8:58:14 AM
Administrative Officer Signed: 1/13/2025 8:58:28 AM
City of Topeka
Signature Adoption: Pre-selected Style
Signing Group: AA - C&P Review
Using IP Address: 98.168.117.239
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Signer Events Signature Timestamp
Brandy Roy-Bachman Sent: 1/14/2025 12:33:04 PM
bcroybachman@topeka.org Viewed: 1/14/2025 1:59:56 PM
Senior City Attorney Signed: 1/16/2025 11:45:50 AM
City of Topeka
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
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Kristin Ready Sent: 1/16/2025 11:45:53 AM
kready@Topeka.org Viewed: 1/16/2025 1:10:20 PM
Accountant II Signed: 1/16/2025 1:11:00 PM
City of Topeka
Signature Adoption: Pre-selected Style
Signing Group: AA - Finance Review
Using IP Address: 98.168.117.239
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Leigha Boling Sent: 1/16/2025 1:11:03 PM
lboling@topeka.org Viewed: 1/16/2025 4:37:59 PM
Director of Contracts and Procurement
City of Topeka
Signing Group: AA - C&P
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/16/2023 10:18:14 AM
ID: 849048a5-2356-4715-b245-89f450fab387
AA - Finance Director
Signing Group: AA - Finance Director
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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AA - Legal Attesting
Signing Group: AA - Legal Attesting
Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
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Council Hold
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(None)
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AA - City Clerk Review
Signing Group: AA - City Clerk Review
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AA - City Manager
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AA - City Clerk
Signing Group: AA - City Clerk
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AA - C&P Review
Signing Group: AA - C&P Review
Security Level: Email, Account Authentication
(None)
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In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Brittany Ebert-Wirtz Sent: 1/12/2025 7:38:21 AM
bewirtz@topeka.org Viewed: 1/13/2025 8:37:55 AM
Administrative Officer Completed: 1/13/2025 8:57:48 AM
City of Topeka Using IP Address: 98.168.117.239
Signing Group: AA - C&P Review
Security Level: Email, Account Authentication
(None)
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AA - C&P Review
Signing Group: AA - C&P Review
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AA - City Clerk Review
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Security Level: Email, Account Authentication
(None)
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AA - City Clerk
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(None)
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Amanda Stanley Sent: 1/14/2025 12:33:06 PM
alstanley@topeka.org
Lindy Brewer
lbrewer@topeka.org
Bonnie Williams
bowilliams@topeka.org
Vicki Yost
vyost@topeka.org
Signing Group: AA -Initial Legal Review - No
Attesting
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(None)
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Mike Morrissey
mmorrissey@cfse.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/16/2022 9:11:58 AM
ID: 7ec0bf96-850e-47a8-a921-c2f5b11fa361
Stephanie Hanke
shanke@topeka.org
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Randy Sanders
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Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/10/2025 1:38:19 PM
Envelope Updated Security Checked 1/12/2025 7:38:15 AM
Envelope Updated Security Checked 1/13/2025 8:57:49 AM
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Payment Events Status Timestamps
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to provide to you certain written notices or disclosures. Described below are the terms and
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DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
ADMINISTRATIVE ACTION FORM
Contact Person: Zachary Stueve Date: 9/29/2023
Department/Division: Utilities - UTL Document #: 51626
Document Type: Contract/Agreement
Council Approval Required? Result of Bid Event? No
C&P No
Legal No
Category/Subcategory: 007 Contracts and Amendments / 002 Capital Projects - Consultant
Subject: NW Reo Stormsewer Improvement
Second Party: Cook Flatt & Strobel Engineers, P.A.
Start Date: CIP Project: Yes IT Impact: No
End Date: Project #: 501105.05
Requested Action: Approve and Execute Document Open Record Exception: No
Financial Implications
Financial Impact: Yes Included in Budget: Yes Bond Funded: Yes
Total Contract Cost: 36,000 One‐Time Cost: 36,000 On‐going/Annual Cost: 0.00
Financial Summary
Total Contract Cost; $36,000.00
*See page 2 for accounting unit/project/acivity information
Description
Consultant shall provide survey and design necessary to prepare construction bidding document for the stormsewer system that
runs parallel to NW Reo extending from the west side of NW Topeka Blvd to its outfall.
Form Approval Routing
Department Director 10/3/2023
Contracts & Procurement 10/3/2023
Legal 10/4/2023
Finance 10/3/2023
City Clerk 10/6/2023
Contracts Admin Action Form
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
Funding Details 0.00 0.00 0.00
Project# /Activity # 501105.05 Project# /Activity #
Accounting Unit: 8233063800 Accounting Unit:
Account: 52203 Account:
Funding Allocation 36000 Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
51626
10/6/2023
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
10/5/2023
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
DocuSign Envelope ID: 99322325-F306-4143-A1D7-2C78DD2AB6AD
COOKFLA-01 DROWE
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 4/13/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT Derek Rowe
PRODUCER NAME:
Peoples Insurance Group PHONE FAX
(A/C, No, Ext): (785) 271-8097 (A/C, No):
1415 SW Topeka Blvd E-MAIL
Topeka, KS 66612 ADDRESS: drowe@peoplesinsure.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Cincinnati Insurance Company 10677
INSURED INSURER B : Cincinnati Indemnity Company 23280
Cook, Flatt, & Strobel Engineers PA INSURER C : Continental Casualty Company 20443
2930 SW Woodside Dr. INSURER D :
Topeka, KS 66614
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
1,000,000
CLAIMS-MADE X OCCUR ECP 0433938 4/15/2023 4/15/2024 DAMAGE TO RENTED
PREMISES (Ea occurrence) $
1,000,000
MED EXP (Any one person) $
10,000
PERSONAL & ADV INJURY $
1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
2,000,000
POLICY X PRO-
JECT LOC PRODUCTS - COMP/OP AGG $
2,000,000
OTHER: $
A AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident) $
1,000,000
X ANY AUTO EBA 0433938 4/15/2023 4/15/2024 BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$
A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $
5,000,000
EXCESS LIAB CLAIMS-MADE ECP 0433938 4/15/2023 4/15/2024 AGGREGATE $
5,000,000
DED RETENTION $ $
B WORKERS COMPENSATION X PER
STATUTE
OTH-
ER
AND EMPLOYERS' LIABILITY
Y/N EWC 0433939 4/15/2023 4/15/2024 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N N/A
1,000,000
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
C Prof. Liability AEH591909121 4/15/2023 4/15/2024 Aggregate Limit 5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: All Work for the City of Topeka
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Topeka ACCORDANCE WITH THE POLICY PROVISIONS.
215 SE 7th St.
Topeka, KS 66606
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Certificate Of Completion
Envelope Id: 99322325F3064143A1D72C78DD2AB6AD Status: Completed
Subject: City of Topeka Utilities Contract NW Reo Stormwater Replacement
Document Type: Contract/Agreement/Addendums/Renewals/Change Order
Department: Utilities
Source Envelope:
Document Pages: 18 Signatures: 11 Envelope Originator:
Certificate Pages: 7 Initials: 2 Zach Stueve
AutoNav: Enabled Stamps: 1 zstueve@topeka.org
EnvelopeId Stamping: Enabled IP Address: 98.168.117.239
Time Zone: (UTC-06:00) Central Time (US &
Canada)
Record Tracking
Status: Original Holder: Zach Stueve Location: DocuSign
9/29/2023 1:47:41 PM zstueve@topeka.org
Signer Events Signature Timestamp
Zach Stueve Sent: 9/29/2023 1:55:07 PM
Completed
zstueve@topeka.org Viewed: 9/29/2023 1:55:17 PM
Security Level: Email, Account Authentication Signed: 9/29/2023 2:00:14 PM
(None) Using IP Address: 165.225.56.83
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nicole Malott Sent: 9/29/2023 2:00:16 PM
nmalott@Topeka.org Viewed: 10/2/2023 8:24:26 AM
Deputy Director of Utilities Signed: 10/2/2023 8:25:32 AM
City of Topeka
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sylvia Davis Sent: 10/2/2023 8:25:36 AM
sdavis@topeka.org Viewed: 10/3/2023 10:13:53 AM
Director of Utilities Signed: 10/3/2023 10:14:03 AM
City of Topeka
Signature Adoption: Uploaded Signature Image
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kathleen Burrows Sent: 10/3/2023 10:21:59 AM
kburrows@topeka.org Viewed: 10/3/2023 10:22:29 AM
Business Services Manager Signed: 10/3/2023 10:23:49 AM
City of Topeka
Signature Adoption: Pre-selected Style
Signing Group: AA - C&P Review
Using IP Address: 98.168.117.239
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Kristin Ready Sent: 10/3/2023 10:23:52 AM
kready@Topeka.org Viewed: 10/3/2023 2:30:29 PM
Accountant II Signed: 10/3/2023 2:31:46 PM
City of Topeka
Signature Adoption: Pre-selected Style
Signing Group: AA - Finance Review
Using IP Address: 98.168.117.239
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Leigha Boling Sent: 10/3/2023 2:31:48 PM
lboling@topeka.org Viewed: 10/3/2023 3:32:00 PM
Director of Contracts and Procurement Signed: 10/3/2023 3:33:37 PM
City of Topeka
Signature Adoption: Uploaded Signature Image
Signing Group: AA - C&P
Using IP Address: 98.168.117.239
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/6/2023 4:26:41 PM
ID: 493f1c15-4471-430a-b20d-183a1bf7adeb
Freddy Mawyin Sent: 10/3/2023 3:33:39 PM
fmawyin@topeka.org Viewed: 10/3/2023 7:46:00 PM
CFO Signed: 10/3/2023 7:46:15 PM
City of Topeka
Signature Adoption: Pre-selected Style
Signing Group: AA - Finance Director
Using IP Address: 107.137.32.228
Security Level: Email, Account Authentication
(None) Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mary Feighny Sent: 10/4/2023 8:13:16 AM
mfeighny@Topeka.org Viewed: 10/4/2023 2:03:13 PM
Deputy City Attorney Signed: 10/4/2023 2:03:53 PM
City of Topeka
Signature Adoption: Uploaded Signature Image
Signing Group: AA - Legal
Using IP Address: 165.225.61.212
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/25/2021 10:59:11 AM
ID: 9d631941-2a56-4864-bd21-5b6e7a8ce151
Keya Downing Sent: 10/4/2023 2:47:35 PM
kdowning@Topeka.org Viewed: 10/4/2023 2:47:57 PM
Signing Group: AA - City Clerk Review Signed: 10/4/2023 2:48:13 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 165.225.61.213
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Richard U. Nienstedt Sent: 10/4/2023 2:48:15 PM
runienstedt@topeka.org Viewed: 10/5/2023 8:47:58 AM
Interim City Manager Signed: 10/5/2023 8:48:06 AM
City of Topeka, Kansas
Signature Adoption: Pre-selected Style
Signing Group: AA - City Manager
Using IP Address: 208.114.93.52
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Brenda Younger Sent: 10/6/2023 3:36:24 PM
BYounger@topeka.org Viewed: 10/6/2023 3:54:18 PM
City Clerk Signed: 10/6/2023 3:54:31 PM
City of Topeka
Signing Group: AA - City Clerk
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 165.225.56.83
Electronic Record and Signature Disclosure:
Accepted: 8/17/2021 1:09:56 PM
ID: 807f097e-c1b5-4b33-ab43-eedb09cd7ef1
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Kathleen Burrows Sent: 10/3/2023 10:14:16 AM
kburrows@topeka.org Viewed: 10/3/2023 10:20:08 AM
Business Services Manager Completed: 10/3/2023 10:21:57 AM
City of Topeka Using IP Address: 98.168.117.239
Signing Group: AA - C&P Review
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Leigha Boling Sent: 10/3/2023 7:46:17 PM
lboling@topeka.org Viewed: 10/4/2023 8:09:07 AM
Director of Contracts and Procurement Completed: 10/4/2023 8:13:02 AM
City of Topeka Using IP Address: 98.168.117.239
Signing Group: AA - C&P Review
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/6/2023 4:26:41 PM
ID: 493f1c15-4471-430a-b20d-183a1bf7adeb
Keya Downing Sent: 10/4/2023 2:04:13 PM
kdowning@Topeka.org Viewed: 10/4/2023 2:45:56 PM
Signing Group: AA - City Clerk Review Completed: 10/4/2023 2:47:34 PM
Security Level: Email, Account Authentication Using IP Address: 165.225.61.213
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brenda Younger Sent: 10/5/2023 8:48:09 AM
BYounger@topeka.org Viewed: 10/6/2023 3:30:41 PM
City Clerk Completed: 10/6/2023 3:36:23 PM
City of Topeka Using IP Address: 165.225.56.83
Signing Group: AA - City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/17/2021 1:09:56 PM
ID: 807f097e-c1b5-4b33-ab43-eedb09cd7ef1
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Stephanie Hanke Sent: 10/6/2023 3:36:24 PM
shanke@topeka.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mike Morrissey Sent: 10/6/2023 3:54:34 PM
mmorrissey@cfse.com
Senior Associate
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/16/2022 9:11:58 AM
ID: 7ec0bf96-850e-47a8-a921-c2f5b11fa361
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/29/2023 1:55:07 PM
Envelope Updated Security Checked 10/3/2023 10:14:11 AM
Envelope Updated Security Checked 10/3/2023 10:21:58 AM
Envelope Updated Security Checked 10/3/2023 10:21:58 AM
Envelope Updated Security Checked 10/3/2023 10:21:58 AM
Envelope Updated Security Checked 10/3/2023 10:21:58 AM
Envelope Updated Security Checked 10/3/2023 10:21:58 AM
Envelope Updated Security Checked 10/4/2023 8:12:33 AM
Envelope Updated Security Checked 10/4/2023 8:13:02 AM
Envelope Updated Security Checked 10/4/2023 8:13:10 AM
Envelope Updated Security Checked 10/4/2023 2:04:03 PM
Envelope Updated Security Checked 10/4/2023 2:47:34 PM
Envelope Updated Security Checked 10/4/2023 2:47:34 PM
Envelope Updated Security Checked 10/4/2023 2:47:34 PM
Envelope Updated Security Checked 10/6/2023 3:36:23 PM
Certified Delivered Security Checked 10/6/2023 3:54:18 PM
Signing Complete Security Checked 10/6/2023 3:54:31 PM
Completed Security Checked 10/6/2023 3:54:34 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 11/9/2020 8:00:48 AM
Parties agreed to: Leigha Boling, Mary Feighny, Brenda Younger, Leigha Boling, Brenda Younger, Mike Morrissey
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City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
February 4, 2025
DATE: February 4, 2025
CONTACT PERSON: Councilmember DOCUMENT #:
Valdivia-Alcala and
Councilmember Dobler
SECOND PARTY/SUBJECT: Camping Prohibitions PROJECT #:
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 078 Health and Sanitation
CIP PROJECT: No
ACTION OF COUNCIL: Deferred until 01-21-25 JOURNAL #:
on December 17, 2024.
Discussion 01-21-25.
PAGE #:
DOCUMENT DESCRIPTION:
ORDINANCE introduced by Councilmember Valdivia-Alcala and Councilmember Dobler concerning
camping prohibitions amending Sections 9.45.350 and 9.45.360 of the Topeka Municipal Code. (The
proposed ordinance involves a matter of home rule on which the Mayor has veto authority)
Voting Requirement: Action requires five (5) votes of the City Council. The Mayor does not vote.
(Approval will expand the definition of public infrastructure and clarify parameters for camping on private
property.)
VOTING REQUIREMENTS:
Action requires five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance involves a
matter of home rule on which the Mayor has veto authority.
POLICY ISSUE:
Whether or not to clarify the definition of public infrastructure.
STAFF RECOMMENDATION:
Staff recommends the City Council move to adopt the ordinance when considered. The Mayor does not vote.
BACKGROUND:
The proposed language amendments are as follows:
Line 25: Amend to add "or a lawful tenant"
Line 26: Amend the definition of "Camp" to exclude camping at camping sites for recreational vehicles,
travel trailers, campers or tents.
Line 41: Amend the definition of "Public Infrastructure" to reflect the Federal Emergency Management
Agency (FEMA) language.
Line 54: Add a definition for the term "Vehicle."
Line 63: Amend to state "Within 100 feet instead of 500 feet of any Public Infrastructure."
Line 65: Amend to state camping is illegal "Upon private property (except by the owner on record or lawful
tenant) exceeding 10 days within a six-month period."
Line 80: Add language concerning "Violation of state or local law."
BUDGETARY IMPACT:
Currently, there are 20 known camps to abate with an estimated cost of $12,000
SOURCE OF FUNDING:
Operational Budget
ATTACHMENTS:
Description
Amended Ordinance (amendments from the Jan 21 2025 GB meeting)
Ordinance
Amendments added after 1-21-25 meeting are double underlined.
1 (Published in the Topeka Metro News _______________________)
2
3 ORDINANCE NO. _____________
4
5 AN ORDINANCE introduced by Councilmembers Valdivia-Alcala and Dobler,
6 concerning camping prohibitions, amending § 9.45.350 and §
7 9.45.360 of the Topeka Municipal Code and repealing original
8 sections and creating new § 9.45.410.
9
10 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
11 Section 1. That section 9.45.350, Definitions, of The Code of the City of
12 Topeka, Kansas, is hereby amended to read as follows:
13 Definitions.
14 Unless the particular provisions or the context otherwise requires, the definitions
15 contained in this section shall govern the construction, meaning, and application of
16 words and phrases used in this article.
17 “Camp” means to use property for living accommodation purposes, such as
18 sleeping activities or making preparations to sleep (including the laying down of bedding
19 for the purpose of sleeping); or storing personal property (including, but not limited to,
20 clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen
21 utensils, cookware, and similar material); or making any fire, regularly cooking meals,
22 using any tents, or living in a parked vehicle. These activities constitute camping when it
23 reasonably appears, in light of all the circumstances, that a person(s) is using such
24 property as a living accommodation. Camping does not include camping on a property
25 by the owner of record or a lawful tenant for a period not to exceed 10 days within any
26 six-month period, nor camping upon any property properly zoned or permitted for
27 establishments primarily engaged in providing overnight or short-term camping sites for
28 recreational vehicles, travel trailers, campers or tents.
ORD/Camping Prohibition (Infrastructure) 01/28/25 1
Amendments added after 1-21-25 meeting are double underlined.
29 “Flood control works” means the system comprised of levees, flood walls, relief
30 wells, closure structures, pump stations and ponding areas that serve to protect the City
31 from flooding.
32 “Levee” means the Waterworks Levee Unit, the South Topeka Unit, the
33 Auburndale Unit, the Oakland Unit and the North Topeka Unit.
34 “Levee critical zone” means 500 feet from the centerline of the land side of a
35 levee and 300 feet from the centerline of the levee to the water’s edge.
36 “Personal property” means any and all tangible property, and includes, but is not
37 limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags,
38 hammocks, personal items such as luggage, backpacks, clothing, documents and
39 medication, and household items.
40 “Public infrastructure” means bus shelters, bridges, overpasses and flood control
41 worksgovernment buildings, government structures, government facilities, government
42 equipment storage or repair locations, facilities operated by the government for public
43 use, structures, bus shelters, roadways, highways, medians, traffic circles, bridges,
44 overpasses, railways, flood control works, storm water pipes and drainage, electrical
45 generation systems, health care facilities, schools, and child care facilities.
46 “Store, stored or storing” means to put aside or accumulate for use when
47 needed, to keep for safekeeping, and/or to place or leave in a location.
48 “Tent” includes any tarp, cover, structure or shelter, made of any material that is
49 not open on all sides and which hinders an unobstructed view behind or into the area
50 surrounded by the tarp, cover, structure or shelter.
51 “Trail” means the trails conveyed to Shawnee County pursuant to City of Topeka
ORD/Camping Prohibition (Infrastructure) 01/28/25 2
Amendments added after 1-21-25 meeting are double underlined.
52 Contract No. 41460 which includes Deer Creek Trail, Soldier Trail, Shunga Trail and
53 Landon Trail.
54 “Vehicle” means every device in, upon, or by which any person or property is or
55 may be transported or drawn upon a public highway, excepting electric personal
56 assistive mobility devices or devices moved by human power or used exclusively upon
57 stationary rails or tracks.
58 Section 2. That section 9.45.360, Unlawful camping, of The Code of the City
59 of Topeka, Kansas, is hereby amended to read as follows:
60 Unlawful camping.
61 It is unlawful and a public nuisance for any person to camp in the following areas,
62 unless otherwise allowed by the Topeka Municipal Code:
63 (a) Within 100 feet of any Ppublic infrastructure;
64 (b) Within 10 feet of any doorway, loading dock, stairway or fire escape;
65 (c) Upon private property, except by the owner of record or a lawful tenant for
66 a period not to exceed 10 days within a six-month period;
67 (cd) Within an area bounded by Topeka Boulevard from SW 10th Avenue to
68 NW Crane Street; Madison Street from SE 10th Avenue to NE Crane Street; Crane
69 Street from Topeka Boulevard to NE Madison Street; and 10th Avenue from Topeka
70 Boulevard to SE Madison Street; and
71 (de) Within an area bounded by Topeka Boulevard from NW Curtis Street to
72 NW Morse Street; NE Quincy Street from NE Curtis Street to NE Morse Street; Morse
73 Street from NE Quincy Street to NW Topeka Boulevard; and Curtis Street from NE
74 Quincy Street to NW Topeka Boulevard; and
ORD/Camping Prohibition (Infrastructure) 01/28/25 3
Amendments added after 1-21-25 meeting are double underlined.
75 (ef) Within a levee critical zone, within 500 feet of the centerline of any trail, or
76 within 50 feet of the centerline of any sidewalk inside City limits to protect the health,
77 safety and general welfare of the citizens of the City.
78 Section 3. That The Code of the City of Topeka, Kansas, is hereby amended
79 by adding a section, to be numbered 9.45.410, which said section reads as follows:
80 Violation of state or local law.
81 Nothing in this Article shall be construed to create a right to perform another
82 action prohibited by state or local law.
83 Section 4. That original § 9.45.350 and § 9.45.360 of The Code of the City of
84 Topeka, Kansas, are hereby specifically repealed.
85 Section 5. This ordinance shall take effect and be in force from and after its
86 passage, approval and publication in the official City newspaper.
87 Section 6. This ordinance shall supersede all ordinances, resolutions or rules,
88 or portions thereof, which are in conflict with the provisions of this ordinance.
89 Section 7. Should any section, clause or phrase of this ordinance be declared
90 invalid by a court of competent jurisdiction, the same shall not affect the validity of this
91 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
92 PASSED AND APPROVED by the Governing Body on ____________________.
93 CITY OF TOPEKA, KANSAS
94
95
96 __________________________________
97 Michael A. Padilla, Mayor
98 ATTEST:
99
100
101 ________________________________
102 Brenda Younger, City Clerk
ORD/Camping Prohibition (Infrastructure) 01/28/25 4
1 (Published in the Topeka Metro News _______________________)
2
3 ORDINANCE NO. _____________
4
5 AN ORDINANCE introduced by Councilmember Valdivia-Alcala and Councilmember
6 Dobler, concerning camping prohibitions, amending § 9.45.350 and
7 § 9.45.360 of the Topeka Municipal Code and repealing original
8 sections.
9
10 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
11 Section 1. That section 9.45.350, Definitions, of The Code of the City of
12 Topeka, Kansas, is hereby amended to read as follows:
13 Definitions.
14 Unless the particular provisions or the context otherwise requires, the definitions
15 contained in this section shall govern the construction, meaning, and application of
16 words and phrases used in this article.
17 “Camp” means to use property for living accommodation purposes, such as
18 sleeping activities or making preparations to sleep (including the laying down of bedding
19 for the purpose of sleeping); or storing personal property (including, but not limited to,
20 clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen
21 utensils, cookware, and similar material); or making any fire, regularly cooking meals,
22 using any tents, or living in a parked vehicle. These activities constitute camping when it
23 reasonably appears, in light of all the circumstances, that a person(s) is using such
24 property as a living accommodation. Camping does not include camping on a property
25 by the owner of record or a lawful tenant for a period not to exceed 10 days within any
26 six-month period, nor camping upon any property properly zoned or permitted for
27 establishments primarily engaged in providing overnight or short-term camping sites for
28 recreational vehicles, travel trailers, campers or tents.
ORD/Camping Prohibition (Infrastructure) 12/10/20241
29 “Flood control works” means the system comprised of levees, flood walls, relief
30 wells, closure structures, pump stations and ponding areas that serve to protect the City
31 from flooding.
32 “Levee” means the Waterworks Levee Unit, the South Topeka Unit, the
33 Auburndale Unit, the Oakland Unit and the North Topeka Unit.
34 “Levee critical zone” means 500 feet from the centerline of the land side of a
35 levee and 300 feet from the centerline of the levee to the water’s edge.
36 “Personal property” means any and all tangible property, and includes, but is not
37 limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags,
38 hammocks, personal items such as luggage, backpacks, clothing, documents and
39 medication, and household items.
40 “Public infrastructure” means bus shelters, bridges, overpasses and flood control
41 worksgovernment buildings, government structures, government facilities, government
42 equipment storage or repair locations, facilities operated by the government for public
43 use, bus shelters, roadways, highways, medians, traffic circles, bridges, overpasses,
44 railways, flood control works, water delivery systems, wastewater delivery systems,
45 electrical generation systems, electrical transmission systems, communication
46 transmission systems, health care facilities, schools, and child care facilities.
47 “Store, stored or storing” means to put aside or accumulate for use when
48 needed, to keep for safekeeping, and/or to place or leave in a location.
49 “Tent” includes any tarp, cover, structure or shelter, made of any material that is
50 not open on all sides and which hinders an unobstructed view behind or into the area
51 surrounded by the tarp, cover, structure or shelter.
ORD/Camping Prohibition (Infrastructure) 12/10/20242
52 “Trail” means the trails conveyed to Shawnee County pursuant to City of Topeka
53 Contract No. 41460 which includes Deer Creek Trail, Soldier Trail, Shunga Trail and
54 Landon Trail.
55 Section 2. That section 9.45.360, Unlawful camping, of The Code of the City
56 of Topeka, Kansas, is hereby amended to read as follows:
57 Unlawful camping.
58 It is unlawful and a public nuisance for any person to camp in the following areas,
59 unless otherwise allowed by the Topeka Municipal Code:
60 (a) Within 500100 feet of any Ppublic infrastructure;
61 (b) Within 10 feet of any doorway, loading dock, stairway or fire escape;
62 (c) Upon private property, except by the owner of record or a lawful tenant for
63 a period not to exceed 10 days within a six-month period;
64 (cd) Within an area bounded by Topeka Boulevard from SW 10th Avenue to
65 NW Crane Street; Madison Street from SE 10th Avenue to NE Crane Street; Crane
66 Street from Topeka Boulevard to NE Madison Street; and 10th Avenue from Topeka
67 Boulevard to SE Madison Street; and
68 (de) Within an area bounded by Topeka Boulevard from NW Curtis Street to
69 NW Morse Street; NE Quincy Street from NE Curtis Street to NE Morse Street; Morse
70 Street from NE Quincy Street to NW Topeka Boulevard; and Curtis Street from NE
71 Quincy Street to NW Topeka Boulevard; and
72 (ef) Within a levee critical zone, within 500 feet of the centerline of any trail, or
73 within 50 feet of the centerline of any sidewalk inside City limits to protect the health,
74 safety and general welfare of the citizens of the City.
ORD/Camping Prohibition (Infrastructure) 12/10/20243
75 Section 3. That original § 9.45.350 and § 9.45.360 of The Code of the City of
76 Topeka, Kansas, are hereby specifically repealed.
77 Section 4. This ordinance shall take effect and be in force from and after its
78 passage, approval and publication in the official City newspaper.
79 Section 5. This ordinance shall supersede all ordinances, resolutions or rules,
80 or portions thereof, which are in conflict with the provisions of this ordinance.
81 Section 6. Should any section, clause or phrase of this ordinance be declared
82 invalid by a court of competent jurisdiction, the same shall not affect the validity of this
83 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
84 PASSED AND APPROVED by the Governing Body on ____________________.
85
86 CITY OF TOPEKA, KANSAS
87
88
89
90 __________________________________
91 Michael A. Padilla, Mayor
92 ATTEST:
93
94
95
96 ________________________________
97 Brenda Younger, City Clerk
ORD/Camping Prohibition (Infrastructure) 12/10/20244
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
February 4, 2025
DATE: February 4, 2025
CONTACT PERSON: Braxton Copley, DOCUMENT #:
Assistant City Manager
SECOND PARTY/SUBJECT: SW Huntoon Street PROJECT #: 701028.00
(Gage to Harrison)
Project Design
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
DISCUSSION of a Contract Amendment for the SW Huntoon Street, Street Design Project from Gage
Boulevard to Harrison Street. (Project No. 701028.00)
(Staff is seeking direction from the Governing Body on scope of consulting services set forth in the design
contract amendment for the SW Huntoon Street Improvement Project.)
VOTING REQUIREMENTS:
Discussion only. Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Determine scope of consulting services the Governing Body would like to select for the SW Huntoon Street
(Gage to Harrison) Street Project.
STAFF RECOMMENDATION:
Staff recommends the full reconstruction of the road including reduction to one travel lane, inclusion of
appropriate complete street items and replacement/repair of water, storm and sanitary utilities
BACKGROUND:
The Governing Body approved the original design contract to only include preliminary design and public
engagement. Based on public comment, staff is recommending reconstruction outlined above
BUDGETARY IMPACT:
Maximum increase of $2,988,860 for a total not to exceed amount of $3,337,340.
SOURCE OF FUNDING:
Countywide Half-Cent Sales Tax
ATTACHMENTS:
Description
Presentation
Proposed Contract Amendment
Huntoon Project (Nov 12 2024 Governing Body Meeting Presentation)
Contract No. 52188 Bartlett & West (June 2024)
HUNTOON STREET
GAGE TO HARRISON
COT Project Number 701028.00
Funded by Shawnee County Sales Tax Extension
Huntoon St. Website
HUNTOON STREET – GAGE TO HARRISON
City of Topeka Utilities
• Sanitary
• $400,000 to $600,000 estimated construction cost
• Eligible for funding by Shawnee County sales tax funds
• Water
• $6.3 million estimated construction cost
• Eligible for funding by Shawnee County sales tax funds
• Storm
• $1.5 million estimated construction cost
• Included in overall roadway construction cost estimate
HUNTOON STREET – GAGE TO HARRISON
Water Line Improvements
• Existing water distribution piping is undersized
• Should be 12” piping; existing piping along Huntoon is a mix of 6” and 8”
• Existing water distribution piping is not continuous
• No existing water line in 11 of 31 blocks between Gage Boulevard and
Topeka Boulevard
• Existing water distribution piping is in poor condition
• Over half the existing piping along Huntoon is characterized as either “very
high” or “high” in terms of total risk (FRACTA)
HUNTOON STREET – GAGE TO HARRISON
HUNTOON STREET – GAGE TO HARRISON
Huntoon St. Pavement Condition Index (PCI) Scores
PCI Ratings
Excellent: 85-100
• 0 segments
Good: 70-84
• 0 segments
At-risk: 50-69
• 27 segments
Poor: 25-49
• 6 segments
Very Poor: 0-24
• 2 segments
HUNTOON STREET – GAGE TO HARRISON
TRAFFIC STUDY
RESULTS:
Only One (1) Thru Lane is needed on SW Huntoon Ave. from SW Gage to SW Topeka
HUNTOON STREET – GAGE TO HARRISON
Proposed Roadway Typical Section
• New roadway, storm sewer, and water line
• Complete Street elements
• Shared-use path, sidewalks & ramps, bike lane, and on-street parking
• Street lighting & landscaping
• New traffic signals
• One driving lane
• Slower overall traffic speeds
• Less conflict points = Less opportunity for accidents
HUNTOON STREET – GAGE TO HARRISON
Why full roadway reconstruction?
• Feedback from public voting showed they were significantly in favor of proposed roadway section vs. street
maintenance
• Roadway PCI ratings fall within At-Risk, Poor, or Very Poor categories for entire roadway corridor
• City of Topeka utility replacements/improvements would require removal and full-depth replacement of over
½ of the existing pavement
• Provide Complete Street elements for roadway and pedestrian safety improvements
• Provides connectivity of local neighborhood sidewalk networks and cycling facilities through downtown and
central Topeka
• One driving lane improves safety by lowering driving speeds and reducing accident conflict points
• Roadway construction cost estimate is within project planned budget from City of Topeka CIP
CITY OF TOPEKA
CONTRACT NO.
AMENDMENT NO. 1 TO CITY OF TOPEKA CONTRACT NO. 52188
This Amendment No. 1 to City of Topeka Contract No. 52188 is entered into on this
_____________________, by and between the City of Topeka, Kansas, a duly organized
municipal corporation, hereinafter referred to as "City" and Bartlett & West, Inc. hereinafter
referred to as "Engineer.”
WHEREAS, City and Engineer entered into Contract No. 52188 on 6/24/2024 and
WHEREAS, City desires Engineer to perform certain additional consulting work.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. The total amount of compensation set forth in ATTACHMENT B of Contract No. 52188
shall increase by two million, nine hundred and eighty-eight thousand, eight hundred and
sixty dollars and zero cents ($2,988,860.00) for a total not to exceed amount of three
million, three hundred and thirty-seven thousand, three hundred and forty dollars and zero
cents ($3,337,340.00).
2. The payment for the additional services to be performed under this Amendment shall be
based on the 2024 Schedule of Hourly Charges set forth in ATTACHMENT A to this
Amendment.
3. The Scope of Services as set forth in Contract No. 52188 shall be amended to as shown in
ATTACHMENT B to this Amendment.
4. All other terms and conditions of City of Topeka Contract No. 52188 not specifically
amended herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereto executed this Amendment as of the day
and year first above written.
CITY OF TOPEKA, KANSAS LEGAL NAME OF CONTRACTOR
Robert M. Perez, Ph.D., City Manager Jeff Lolley, Project Manager
Page 1 of 2 12/17/2024 1:18:13 PM
ATTEST:
APPROVED AS TO FORM AND LEGALITY
________________________________
DATE______________BY____________
Brenda Younger, City Clerk
C&P DIRECTOR
___________
Page 2 of 2 12/17/2024 1:18:13 PM
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
BARTLETT & WEST, INC.
2024 SCHEDULE OF HOURLY CHARGES
Effective January 1, 2024
Engineer/Arch/Landscape Arch XII $280.00
Engineer/Arch/Landscape XI 257.00
X 240.00 GIS Coordinator IX $259.00
Engineer Arch IX 225.00 GIS Coordinator VIII 243.00
Landscape Architect VIII 210.00 GIS Coordinator VII 231.00
Architect Arch VII 196.00 GIS Coordinator VI 215.00
Operations Consultant Arch VI 185.00 GIS Coordinator V 203.00
Environmental Planner hV 175.00 GIS Coordinator IV 187.00
Transportation Planner IV 165.00 GIS Coordinator III 176.00
ngArch III 155.00 GIS Coordinator II 159.00
Engineer/Arch/Landscape Arc II 143.00 GIS Coordinator I 147.00
Engineer/Arch/Landscape Arch I 130.00
GIS Developer/DBA VI $224.00
Engineering Technician XI $220.00 GIS Developer/DBA V 207.00
Engineering Technician X 185.00 GIS Developer/DBA IV 191.00
Engineering Technician IX 173.00 GIS Developer/DBA III 176.00
Engineering Technician VIII 155.00 GIS Developer/DBA II 162.00
Engineering Technician VII 142.00 GIS Developer/DBA I 152.00
Engineering Technician VI 130.00
Engineering Technician V 121.00 GIS Analyst V $158.00
Engineering Technician IV 114.00 GIS Analyst IV 141.00
Engineering Technician III 108.00 GIS Analyst III 134.00
Engineering Technician II 102.00 GIS Analyst II 124.00
Engineering Technician I 95.00 GIS Analyst I 114.00
Surveyor X $225.00 GIS Technician V $127.00
Surveyor IX 205.00 GIS Technician IV 115.00
Surveyor VIII 185.00 GIS Technician III 103.00
Surveyor VII 164.00 GIS Technician II 91.00
GIS Technician I 80.00
Survey Technician VIII $150.00
Survey Technician VII 135.00 Project Coordinator V $182.00
Survey Technician VI 120.00 Project Coordinator IV 166.00
Survey Technician V 110.00 Project Coordinator III 150.00
Survey Technician IV 102.00 Project Coordinator II 137.00
Survey Technician III 95.00 Project Coordinator I 121.00
Survey Technician II 90.00
Survey Technician I 85.00
Systems Analyst $201.00
Construction Eng. Tech IX $196.00 Systems Administrator 152.00
Construction Eng. Tech VIII 174.00 Systems Technician 101.00
Construction Eng. Tech VII 160.00
Construction Eng. Tech VI 149.00
Construction Eng. Tech V 136.00 Administrator VI $157.00
Construction Eng. Tech IV 120.00 Administrator V 140.00
Construction Eng. Tech III 107.00 Administrator IV 126.00
Construction Eng. Tech II 96.00 Administrator III 104.00
Construction Eng. Tech I 84.00 Administrator II 93.00
Administrator I 84.00
Right-of-Way Technician VI $145.00 Administrative Technician V $95.00
Right-of-Way Technician V 129.00 Administrative Technician IV 82.00
Right-of-Way Technician IV 116.00 Administrative Technician III 73.00
Right-of-Way Technician III 104.00 Administrative Technician II 68.00
Right-of-Way Technician II 92.00 Administrative Technician I 59.00
Right-of-Way Technician I 84.00
The listed rates are subject to annual adjustment January 1 of each year BWE-2024
ATTACHMENT B
AMENDMENT NO. 1 TO CITY OF TOPEKA CONTRACT NO. 52188
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
SCOPE OF SERVICES
BASIC SERVICES
The Engineer agrees to provide services defined below for the project. The project shall be designed in
accordance to City of Topeka standards and specifications. The project is specifically defined as the
performance of the following:
• Scope Development
• Public Information
o Five (5) Public Information Meetings
- Design, preconstruction, and construction
o 6+ Meetings with local NIA groups, school districts, and affected businesses
• Survey
o Topographic information
o Right-of-way
o Easements
• Utilities
o COT utility coordination meetings
o Third party utility coordination meetings
o Utility potholes (pre-relocation)
o Utility potholes (post-relocation)
o Utility conflict review
• Monthly Project Design Meetings
• Concept Plans (30% Complete)
o Title sheet
o Typical sections
o Preliminary storm sewer design
o Preliminary water line design
o Preliminary complete streets elements
o Plan/profile sheets
o Preliminary construction sequencing
o Preliminary traffic control for construction
o Preliminary marking/signing
o Property line/owner info
o Cross sections (every 25')
o Preliminary construction cost estimate
o QA/QC
1
• Field Check Plans (60% Complete)
o Address City of Topeka Comments
o Storm sewer design
o Water line design
o Complete streets elements
o Plan/profile sheets
o Driveway profiles
o Curb return profiles
o Traffic control for construction
o Construction sequencing
o Marking/signing
o Cross sections (every 25')
o Traffic signals
o Street lighting
o Landscaping
o Construction cost estimate
o QA/QC
• Office Check Plans (90% Complete)
o Address City of Topeka Comments
o Storm sewer design
o Water line design
o Complete streets elements
o Plan/profile sheets
o Driveway profiles
o Curb return profiles
o Traffic control for construction
o Construction sequencing
o Marking/signing
o Cross sections (every 25')
o Traffic signals
o Street lighting
o Landscaping
o Project manual
o Construction cost estimate
o QA/QC
• Final Plans (100% Complete)
o Address City of Topeka Comments
o Project manual
o Final construction cost estimate
o QA/QC
• Advertising & Bidding
o Answer contractor questions during bidding
o Compile bid tab and award letter for project
• Construction
o These construction services will not cover an additional full-time observer for waterline
construction. It is assumed that the City of Topeka will provide the construction observation for
all waterline construction, if needed.
2
o Perform construction administration, construction observation, and construction engineering
services necessary and incidental to the accomplishment of the projects as follows:
o Furnish services, labor, materials, equipment, supplies and incidentals, other than those hereinafter
designated to be furnished by the City, necessary to conduct and complete the services.
o Designate a project manager and full-time field representative, who shall have experience and
certifications (as determined by the City) to observe all work done and materials furnished. All
activities of the full-time field representative will be coordinated with the City Engineer or City’s
representative. Such services may extend to all and any part of the work and to the preparation of
materials to be used. The full-time field representative is not authorized to issue instructions
contrary to the plans and specifications, or to act as foreman for the project contractor, however,
shall have the authority to reject work or materials until any questions at issue can be referred to
and be decided by City Engineer.
o Construction project manager responsibilities include, but are not limited to, attending
construction meetings, coordinating the inspectors’ schedules, negotiating disputes with the
Contractor, and providing a contact point for construction-related activities if the full-time field
representative is busy in the field.
o Conduct any conferences deemed necessary by the City under the terms of this agreement.
o Become familiar with the standard practices of the City, contract documents (specifications,
construction agreement, special provisions and plans), and the contractor’s proposed schedule of
operations prior to beginning field services to be performed under this agreement.
o Perform the services in accordance with accepted safety practices, however, these services will
not extend to safety practices of the construction contractor. Furnish all equipment required to
accomplish the services, and to check or test it prior to use on the project.
o Observe all phases of construction and, to the best of our Engineer’s abilities, determine the
contractor’s compliance with the contract documents and deem unacceptable such work and
material which do not comply with the specifications and plans.
o Take field samples and/or test materials to be incorporated into the work, and not accept those not
meeting the provisions of the contract documents. Make certain that required test report records
or certificates of compliance for materials tested off the project site have been received prior to
their incorporation into the work.
o Keep daily documentation and quantity summaries as required by the City.
o Verify subgrade compaction and compaction reports from waterline installation are within the
City specifications.
o Verify and record in inspection reports that traffic control (morning and end of day) is properly
placed and notify the contractor of items that are not correct. This includes all activities of
contractor and subs and any adjacent construction that may conflict with Project TTC.
o Verify and record in inspection reports that erosion control measures are installed per the approved
plan and will notify the city and the contractor if additional measures are needed.
o Verify and record in inspection reports that the contractor is keeping all required erosion control
documentation.
o Review and approve shop drawings with concurrence from the city. (Review and determine if
submittals meet city specs. If they don’t, they reject. If they do, then they forward to us with a
recommendation to approve.)
o Maintain a detailed punch list of items that the contractor needs to address during the project and
work with the contractor to address during construction versus coming back and fixing later.
o Attend the inspections at substantial completion, final completion, and end of warranty of the
project.
o Measure and compute all materials incorporated into the work and maintain an item account
record.
o Maintain for the City all original diaries, accounts, records, and reports prepared upon completion
of the project.
o Document changes to the plans and submit to the City.
o Provide construction administration services.
3
o Conduct any on-site meetings to discuss project issues, as determined necessary by the City
Engineer or City’s representative. Meetings should include contractor’s superintendent, the City
Engineer, the design engineer(s), and others related to the project, as necessary.
o Coordinate with Public Works staff on project related issues.
o Prepare and distribute notes that document any construction meetings.
o Prepare weekly construction summaries.
o Coordinate with property owners and businesses affected by the project to minimize disruption to
their business/property.
o Coordinate with project design engineer(s) on project modifications / additions to ensure that the
original intent of the improvements are being met and that the proposed modifications / additions
are designed properly.
o Review pay estimates submitted by the Contractor and forward said pay estimates to the City
Engineer or City’s representative with comments.
• As-built plans
o One full sized plan set marked “As Built” shall be submitted. That set shall be modified to reflect
all changed made during construction. A USB jump-drive will be submitted for the As- Built
plans in PDF format.
SUPPLEMENTAL SERVICES
Any work requested by the Owner that is not included in the Basic Services will be classified as Supplemental
Services. Supplemental Services shall include, but are not limited to the following.
a. Changes in the general scope, extent, or character of the project or its design, including but
not limited to changes in size, complexity, schedule, character of construction or method of
financing; and revising previously accepted studies, reports, or design documents when such
revisions are required by changes in laws, regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies/reports/documents or designs or due to any
other causes beyond the Engineer’s control.
b. Analysis of any storm sewer systems or detention facilities outside the proposed project
limits, except as previously defined.
c. Design for any structural retaining walls, beyond the standard City of Topeka
combined sidewalk/retaining wall.
d. Revisions to the plans and specifications when inconsistent with previous approvals
or instruction by the Engineer or Owner.
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November 12 2024
Meeting Presentation HUNTOON STREET
GAGE TO HARRISON
COT Project Number 701028.00
Funded by Shawnee County Sales Tax Extension
Huntoon St. Website
HUNTOON STREET – GAGE TO HARRISON
Project Schedule
• 2024
• Planning
• 2025
• Design
• 2026
• Communication, Power, and Gas utility relocation and easement acquisition
• 2027-2029
• Roadway construction
• Includes City of Topeka storm, sanitary, and water utilities
HUNTOON STREET – GAGE TO HARRISON
EXISTING PAVEMENT CONDITIONS
Topeka Blvd. Core
Huntoon St. Cores
Failed Base Concrete Material
HUNTOON STREET – GAGE TO HARRISON
EXISTING PAVEMENT CONDITIONS
HUNTOON STREET – GAGE TO HARRISON
Huntoon St. Pavement Condition Index (PCI) Scores
PCI Ratings
Excellent: 85-100
• 0 segments
Good: 70-84
• 0 segments
At-risk: 50-69
• 27 segments
Poor: 25-49
• 6 segments
Very Poor: 0-24
• 2 segments
HUNTOON STREET – GAGE TO HARRISON
HUNTOON STREET – GAGE TO HARRISON
TRAFFIC STUDY
RESULTS:
Only One (1) Thru Lane is needed on SW Huntoon Ave. from SW Gage to SW Topeka
HUNTOON STREET – GAGE TO HARRISON
Intersection Conflict Points – 2-lane vs. 1-lane
HUNTOON STREET – GAGE TO HARRISON
Intersection Conflict Points – 2-lane vs. 1-lane
HUNTOON STREET – GAGE TO HARRISON
CITY OF TOPEKA FUTURE ROADWAY MAINTENANCE
MAINTENANCE 1 DRIVING LANE
2039 2049 2059 2069 TOTAL
$299,749 $1,232,507 $656,788 $4,182,649 $6,371,693
UBAS Mill & Overlay UBAS Full-depth replacement
MAINTENANCE 2 DRIVING LANES
2039 2049 2059 2069 TOTAL
$599,499 $2,465,014 $1,313,576 $8,365,298 $12,743,387
UBAS Mill & Overlay UBAS Full-depth replacement
*Driving lane maintenance assumed to be on asphalt driving surface only
UBAS – Ultrathin Bonded Asphalt Surface
HUNTOON STREET – GAGE TO HARRISON
City of Topeka Utilities
• Sanitary
• $400,000 to $600,000
• Eligible for funding by Shawnee County sales tax funds
• Water
• $2.7 million to $6.3 million
• Eligible for funding by Shawnee County sales tax funds
• Storm
• $1.5 million estimated construction cost
• Included in overall roadway construction cost estimate
HUNTOON STREET – GAGE TO HARRISON
Project Public Involvement to date
• 12th St. Post-Construction Community Meeting
• Thursday, June 20th, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Community Open House
• Tuesday, July 23rd, 2024 @ Topeka & Shawnee County Public Library
• Huntoon St. Public Meeting #1
• Monday, September 9th, 2024 @ Topeka & Shawnee County Public Library
• Ongoing meetings with local businesses and neighborhood associations
HUNTOON STREET – GAGE TO HARRISON
PUBLIC MEETING #1 SURVEY
Option 1 – Street Maintenance Only (No Complete Streets Elements)
Chosen by 3% of respondents
What you get What you don’t get
• Utility work • NO complete street elements
• Replace and repair pavement • NO street lighting
• Sidewalk infill • NO shared use path
• Mill and overlay roadway • NO roadway and pedestrian
• 3 years of construction safety improvements
• NO improvements to private drives
Estimated $7 to 9 million for construction (2024 dollars)
HUNTOON STREET – GAGE TO HARRISON
PUBLIC MEETING #1 SURVEY
Option 3 – Full Design with Two-Lane Road and Complete Streets Elements
Preferred option by 20% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps
• NO on-street parking, NO bike lane
• Street lighting, landscaping and new traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $12.7 million for construction (2024 dollars)
• Estimated $14.2 million for construction (2027 dollars)
• Construction budget - $15.9 million
Typical section fits within existing Right-of-Way
from Gage to Topeka Blvd.
HUNTOON STREET – GAGE TO HARRISON
PUBLIC MEETING #1 SURVEY
Option 2 – Full Design with Single-Lane Road and Complete Streets Elements
Preferred option by 77% of survey respondents
• New roadway and storm sewer
• Shared-use path, sidewalks & ramps, bike lane, and on-street parking
• Street lighting & landscaping
• New traffic signals
• Driver and pedestrian safety improvements to intersections
• Estimated $13.3 million for construction (2024 dollars)
• Estimated $14.9 million for construction (2027 dollars)
• Construction budget - $15.9 million
Typical section fits within existing Right-of-Way
from Gage to Topeka Blvd.
DocuSign Envelope ID: BC5358AA-2646-4E79-8FC8-471F2CD09A70
ADMINISTRATIVE ACTION FORM
Contact Person: Robert Bidwell Date: 5/29/2024
Department/Division: Public Works - PW Document #: 52188
Document Type: Contract/Agreement
Council Approval Required? Result of Bid Event? Yes Bid Event # 2922
C&P Yes
Legal Yes
Approve:
Category/Subcategory: 007 Contracts and Amendments / 002 Capital Projects - Consultant
Subject: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St. (Phase 1)
Second Party: Bartlett & West, Inc.
Start Date: CIP Project: Yes IT Impact: No
End Date: Project #: 701028.00
Requested Action: Approve and Execute Document Open Record Exception: No
Financial Implications
Financial Impact: Yes Included in Budget: Yes Bond Funded: No
Total Contract Cost: 348,480.00 One‐Time Cost: 0 On‐going/Annual Cost: 0
Financial Summary
CIP 2023 JEDO RES #9318 STR SALES TAX
*See page 2 for accounting unit/project/acivity information
Description
These services include providing engineering design and construction documents for Phase 1 of the reconstruction of the existing
roadway, located on SW Huntoon Street between SW Gage Blvd. and SW Harrison Street.
Intent to Negotiate Approved 5/14/2024
Form Approval Routing
Department Director 6/10/2024
Contracts & Procurement 6/10/2024
Legal 6/11/2024
Finance 6/10/2024
City Clerk 6/24/2024
Contracts Admin Action Form
DocuSign Envelope ID: BC5358AA-2646-4E79-8FC8-471F2CD09A70
Funding Details 0.00 0.00 0.00
Project# /Activity # 701028.00 Project# /Activity #
Accounting Unit: 2750909105 Accounting Unit:
Account: 52203 Account:
Funding Allocation 348,480.00 Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
Project# /Activity # Project# /Activity #
Accounting Unit: Accounting Unit:
Account: Account:
Funding Allocation Funding Allocation
DocuSign Envelope ID: BC5358AA-2646-4E79-8FC8-471F2CD09A70
Contract No. 52188
Project No. 701028.00
CITY OF TOPEKA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
STANDARD AGREEMENT
FOR
ENGINEERING SERVICES
THIS AGREEMENT, is between the City of Topeka, Kansas (Owner) and Bartlett & West, Inc. (Engineer);
WITNESSETH:
WHEREAS, the Owner wishes to employ the Engineer to perform professional engineering services on City of
Topeka Project No. 701028.00 SW Huntoon St. – SW Gage Blvd. to SW Harrison St. roadway project. These
services include providing engineering design and construction documents for the reconstruction of the existing
roadway (the Project); and,
WHEREAS, the Owner requires certain engineering services in connection with the Project (the Services);
and,
WHEREAS, the Engineer is prepared to provide the Services;
NOW THEREFORE, in consideration of the promises contained in this Agreement, the Owner and Engineer.
agree to the following:
ARTICLE 1 - EFFECTIVE DATE
6/24/2024
The effective date of this Agreement shall be
ARTICLE 2 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Kansas and the codes of the City of Topeka
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ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform the Services described in Attachment A, Scope of Services, in accordance with applicable
sections of the City of Topeka Design Criteria and Drafting Standards of latest revision.
ARTICLE 4 - COMPENSATION
Owner shall pay Engineer in accordance with the Attachment B, Compensation.
ARTICLE 5 – OWNER’S RESPONSIBILITIES
Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities.
ARTICLE 6 - SUPPLEMENTAL AGREEMENTS
The provisions set forth in Attachment D, Supplemental Agreements shall be incorporated into this Agreement.
ARTICLE 7 - PROJECT SCHEDULE
The provisions set forth in the Attachment E, Project Schedule shall be incorporated into this Agreement.
ARTICLE 8 - STANDARD OF CARE
Engineer shall exercise the same degree of care, skill, and diligence in the performance of Services as is ordinarily
possessed and exercised by a professional engineer under similar circumstances.
ARTICLE 9 - INDEMNIFICATION AND INSURANCE
Engineer hereby agrees to fully indemnify and hold harmless Owner and any of its departments, divisions, agencies,
officers, employees and elected officials from all loss, damage, cost, or expenses specifically including attorneys’
fees and other expenses of litigation incurred by or on behalf of the Owner and any of its officers, employees or
elected officials arising out of Engineer's negligent performance of Services under this Agreement. Engineer
specifically agrees that this duty to indemnify and hold harmless will apply to the following:
a. Claims, suits, or action of every kind and description when such suits or actions arise from the
alleged negligent acts, errors, or omissions of the Engineer, its employees, agents, or
subcontractors.
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b. Injury or damages received or sustained by any party because of the negligent acts, errors, or
omissions of the Engineer, its employees, agents, or subcontractors.
Engineer shall purchase and maintain during the life of this Agreement, insurance coverage which will
satisfactorily insure him against claims and liabilities which arise because of the execution of this Agreement.
The insurance coverages are as follows:
(1) Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and $2,000,000 in
the general aggregate.
(2) Automobile Liability Insurance, with a limit of $1,000,000 for each accident, combined single limit for
bodily injury and property damage.
(3) Worker's Compensation Insurance and Employer's Liability Insurance, in accordance with statutory
requirements, with a limit of $500,000 for each accident.
(4) Professional Liability Insurance, with a limit of $1,000,000 for each claim and aggregate.
Prior to issuance of the Notice to Proceed by Owner, Engineer shall have on file with Owner certificates of insurance
acceptable to Owner. Said certificates of insurance shall be filed with Owner in January of each year or may be
submitted with each agreement.
Engineer shall also maintain valuable papers insurance to assure the restoration of any plans, drawings, field notes
or other similar data relating to the work covered by this agreement, in the event of their loss or destruction, until
such time as the work has been delivered to the Owner.
Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is
terminated for any reason, the terms and conditions of this Article shall survive.
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ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY
Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety
precautions and programs in connection with the Project, (2) the failure of any contractor, subcontractor, vendor, or
other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to
comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses
required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A,
Scope of Services.
ARTICLE 11 - OPINIONS OF COST AND SCHEDULE
Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the
resources provided by others to meet Project construction schedules, Engineer's opinion of probable construction
costs and of construction schedules shall be made on the basis of experience and qualifications as a professional
engineer. Engineer does not guarantee that proposals, bids, or actual Project construction costs will not vary from
Engineer's cost estimates or that actual construction schedules will not vary from Engineer's projected schedules.
ARTICLE 12 - REUSE OF DOCUMENTS
All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer
pursuant to the Agreement are instruments of service in respect to the Project. They are not intended or represented
to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without
prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and
without liability or legal exposure to Engineer. Any verification or adaptation requested by Owner shall entitle
Engineer to compensation at rates to be agreed upon by Owner and Engineer.
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ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as
part of the Services shall become the sole property of Owner, however, that both Owner and Engineer shall have the
unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data
bases, computer software, and other proprietary property protected under the copyright laws of the United States.
Rights to intellectual property developed, utilized, or modified in the performance of services shall remain the
property of Engineer. Owner shall have the unlimited right to the use of intellectual property developed, utilized,
or modified in the performance of the Services at no additional cost to the Owner.
ARTICLE 14 - TERMINATION
This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other
party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen
calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other
party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written
notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to
Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all Services
performed prior to the date of the termination notice. Upon restart, an adjustment acceptable to Owner and Engineer
shall be made to Engineer's compensation.
ARTICLE 15 - DELAY IN PERFORMANCE
Neither Owner nor Engineer shall be considered in default of the Agreement for delays in performance caused by
circumstances beyond the reasonable control of the nonconforming party. For purposes of this Agreement, such
circumstances include abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, or other civil
disturbances; sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from any local,
state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either
Owner or Engineer under this Agreement.
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Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented from
performing, give written notice to the other party describing the circumstances preventing continued performance
and the efforts being made to resume performance of the Agreement.
For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, which are caused by
circumstances which are within its control, such delays shall be documented on the Engineer's Project Performance
Evaluation form. Said form shall be completed at the conclusion of Project and acknowledged by both Owner and
Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant
selection for City projects.
In the event Engineer is delayed in the performance of Services because of delays caused by Owner, Engineer shall
have no claim against Owner for damages or contract adjustment other than an extension of time.
ARTICLE 16 - COMMUNICATIONS
Any communication required by this Agreement shall be made in writing to the address specified below:
Engineer: Jeff Lolley, PE
Bartlett & West, Inc. 1200
SW Executive Drive
Topeka, KS 66615
785-272-2252
Owner: City Clerk
215 SE 7th St.
Topeka, KS 66603
(785) 368-3940
With a Copy to: City of Topeka Engineering Division
620 SE Madison, 2nd Floor
Topeka, KS 66607
(785) 368-3842
Nothing contained in the Article shall be construed to restrict the transmission of routine communications
between representatives of Engineer and Owner.
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ARTICLE 17 - WAIVER
A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not
affect the waiving party's rights with respect to any other or further breach.
ARTICLE 18 - SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event
rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any
other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and
the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions
of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of
this Agreement be determined void.
ARTICLE 19 - INTEGRATION
This Agreement represents the entire and integrated agreement between Owner and Engineer. All prior and
contemporaneous communications, representations, and agreements by Engineer, whether oral or written, relating
to the subject matter of this Agreement, as set forth in Attachment D, Supplemental Agreements are hereby
incorporated into and shall become a part of this Agreement
ARTICLE 20 - SUCCESSORS AND ASSIGNS
Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators,
assigns, and legal representatives to the other party of this Agreement and to the directors, officers, partners,
successors, executors, administrators, assigns, and legal representatives of such other party in respect to all
provisions of this Agreement.
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ARTICLE 21 - ASSIGNMENT
Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent
of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or
discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent
Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the
Services; however, other agreements to the contrary notwithstanding, in the event Engineer employs independent
consultants, associates, and subcontractors to assist in performance of the Services, Engineer shall be solely
responsible for the negligent performance of the independent consultants, associates, and subcontractors so
employed.
ARTICLE 22 - THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer.
ARTICLE 23 – RELATIONSHIP OF PARTIES
Nothing contained herein shall be construed to hold or to make the Owner a partner, joint venturer, or associate of
Engineer, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the
relationship between the parties hereto is and shall at all times remain contractual as provided by the terms and
conditions of this Agreement.
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IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement.
CITY OF TOPEKA Bartlett & West, Inc
Owner Engineer
By: Richard U. Nienstedt
XXXXXXXXXXXXXXXXXXXX By: Todd Kempker
Robert M. Perez, Ph.D.
Interim City Manager Sr. Vice President
Title Title
6/24/2024 6/10/2024
Date: Date:
Attest: Attest:
City Clerk, Brenda Younger Jeff Lolley , Project Manager
APPROVED AS TO FORM AND LEGALITY
6/11/2024
DATE______________ BY___________________
6/10/2024
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ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
SCOPE OF SERVICES
BASIC SERVICES
The Engineer agrees to provide services defined below for the project. The project shall be designed in
accordance to City of Topeka standards and specifications. The project is specifically defined as the
performance of the following:
• Scope Development
• Public Information
o Public Information Meeting 1
o 6+ Meetings with local NIA groups, school districts, and affected businesses
o Compilation of data received from meetings
o Contact individuals from public meeting 1 with responses to their comments, questions, and/or
concerns
• Traffic Study
o Traffic Counts
o 1 driving lane vs. 2 driving lanes
o Stop conditions
o Crash report and exhibits
• Geotechnical Report
o 12 to 15 roadway bores, 10' deep
o Pavement recommendations for asphalt and concrete
o Pavement base recommendations for aggregate, lime, and concrete
o Street maintenance recommendations
• Utility Coordination
o City of Topeka Utilities
o Coordination of needed and proposed utility work along and adjacent to Huntoon St.
• Development of three (3) roadway scope of improvement concepts
o Exhibits and summary reports
o Construction Cost Estimates
o Review with City
• Public Information
o Public Information Meeting 2
o Compilation of data received from Public Meetings 1 & 2
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o Contact individuals from public meetings 1 & 2 with responses to their comments, questions, and/or
concerns
• City Council Presentation
o Finalize exhibits and reports for 3 concept options for presentation to City Council
o Review with City
o Present to City Council
SUPPLEMENTAL SERVICES
Any work requested by the Owner that is not included in the Basic Services will be classified as Supplemental
Services. Supplemental Services shall include, but are not limited to the following.
a. Changes in the general scope, extent, or character of the project or its design, including but
not limited to changes in size, complexity, schedule, character of construction or method of
financing; and revising previously accepted studies, reports, or design documents when such
revisions are required by changes in laws, regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies/reports/documents or designs or due to any
other causes beyond the Engineer’s control.
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ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
COMPENSATION
For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows:
A. For the Basic Services described in Attachment A, an amount equal t o the cumulative hours charged
to the project by each class of Engineer’s employees times the standard hourly charge rates for each
applicable billing class, plus reimbursable expenses.
The total fee for the project shall not exceed $ 348,480.00 without authorization by the Owner. Any
additions to the Scope of Work or changes in the extent of services provided will result in an
equitable adjustment in the total maximum fee. Payments shall be made monthly in amounts, which are
consistent with the amount of engineering services provided.
Exhibit A shows the individual fee totals per task as outlined in Attachment A.
B. Compensation for Supplemental Services shall be made as defined below, when authorized in writing by
the Owner. The maximum limit for each item of additional service shall be established individually and
specifically agreed to by the Owner as stated below, unless the service is included in a subsequent
agreement.
Hourly rates for each classification as defined by the Engineer's rate schedule, see Attachment F. Hourly
charge rates are subject to adjustment annually on January 1. Overtime, when authorized by the Owner,
will be billed at 1.5 times the rates listed (non-engineer time only).
Reimbursable charges will be considered the amount of actual costs of expenses or charges, including
such items as staking materials, equipment rental, equipment hourly charges, mileage, toll telephone
calls, reproduction and similar project related expenses.
D. The entire amount of each statement shall be due and payable upon receipt by the Owner.
E. It is understood and agreed:
1. That the Engineer shall start the performance of Services within 10 days of receipt of a notice to
proceed and shall complete the work in accordance with the contract times set forth in Attachment
E, Project Schedule.
2. That the Engineer shall keep records on the basis of generally accepted accounting practice of
costs and expenses which records shall be available for inspection at all reasonable times.
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ATTACHMENT C
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
OWNER'S RESPONSIBILITIES
The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items:
1. Make available to the Engineer all records, reports, maps, and other data pertinent to provision of the
services required under this contract.
2. Examine all plans, specifications and other documents submitted by the Engineer and render decisions
promptly to prevent delay to the Engineer.
3. Designate one City of Topeka employee as the Owner representative with respect to all services to be
rendered under this agreement. This individual shall have the authority to transmit instructions, receive
information and to interpret and define the Owner's policies and decisions pertinent to the Engineer's
services.
4. Issue notices to proceed to the Engineer for each phase of the design services.
13
01/17/2024
DocuSign Envelope ID: BC5358AA-2646-4E79-8FC8-471F2CD09A70
Contract No.
Project No. 701028.00
ATTACHMENT D
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
SUPPLEMENTAL AGREEMENTS
Owner and Engineer agree that the following communications, representations, and agreements by Engineer,
whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall
become a part of the Agreement as set forth in ARTICLE 19 - INTEGRATION.
14
01/17/2024
DocuSign Envelope ID: BC5358AA-2646-4E79-8FC8-471F2CD09A70
Contract No.
Project No. 701028.00
ATTACHMENT E
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
PROJECT SCHEDULE
Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss
if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer
has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As
each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual
submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not
be responsible for the time required by Owner's representative to review Engineer's submittal. When review is
complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After final submittal
date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An
Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer.
Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for
City projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the
interview process.
1. Schedule: Engineer will make plan submittals to Owner based on the following schedule:
a. Concept Drawings - Engineer will submit concept drawings within N/A calendar days after Notice to
Proceed by Owner.
b. Field Check - Engineer will submit field check drawings within N/A calendar days after Notice to Proceed
by Owner.
c. Right-of-Way Drawings - Engineer will submit right-of-way drawings within N/A calendar days after the
Notice to Resume Work is given by Owner following Field Check.
d. Office Check - Engineer will submit office check drawings and specifications within N/A calendar days
after the Notice to Resume Work is given by Owner following Field Check.
e. Bid Documents - Engineer will submit bid documents within N/A calendar days after the Notice to Resume
Work is given by Owner following Office Check.
f. As-Built Plans – Engineer will submit as-built plans within N/A calendar days after marked-up plans are
returned to the Engineer, from the Owner or within N/A calendar days after all punch list items have been
completed if the Engineer’s firm provided construction inspection services for the project.
15
01/17/2024
DocuSign Envelope ID: BC5358AA-2646-4E79-8FC8-471F2CD09A70
ATTACHMENT F
TO
AGREEMENT FOR ENGINEERING SERVICES
BARTLETT & WEST, INC.
2024 SCHEDULE OF HOURLY CHARGES
Effective January 1, 2024
Engineer/Arch/Landscape Arch XII $280.00
Engineer/Arch/Landscape XI 257.00
X 240.00 GIS Coordinator IX $259.00
Engineer Arch IX 225.00 GIS Coordinator VIII 243.00
Landscape Architect VIII 210.00 GIS Coordinator VII 231.00
Architect Arch VII 196.00 GIS Coordinator VI 215.00
Operations Consultant Arch VI 185.00 GIS Coordinator V 203.00
Environmental Planner hV 175.00 GIS Coordinator IV 187.00
Transportation Planner IV 165.00 GIS Coordinator III 176.00
ngArch III 155.00 GIS Coordinator II 159.00
Engineer/Arch/Landscape Arc II 143.00 GIS Coordinator I 147.00
Engineer/Arch/Landscape Arch I 130.00
GIS Developer/DBA VI $224.00
Engineering Technician XI $220.00 GIS Developer/DBA V 207.00
Engineering Technician X 185.00 GIS Developer/DBA IV 191.00
Engineering Technician IX 173.00 GIS Developer/DBA III 176.00
Engineering Technician VIII 155.00 GIS Developer/DBA II 162.00
Engineering Technician VII 142.00 GIS Developer/DBA I 152.00
Engineering Technician VI 130.00
Engineering Technician V 121.00 GIS Analyst V $158.00
Engineering Technician IV 114.00 GIS Analyst IV 141.00
Engineering Technician III 108.00 GIS Analyst III 134.00
Engineering Technician II 102.00 GIS Analyst II 124.00
Engineering Technician I 95.00 GIS Analyst I 114.00
Surveyor X $225.00 GIS Technician V $127.00
Surveyor IX 205.00 GIS Technician IV 115.00
Surveyor VIII 185.00 GIS Technician III 103.00
Surveyor VII 164.00 GIS Technician II 91.00
GIS Technician I 80.00
Survey Technician VIII $150.00
Survey Technician VII 135.00 Project Coordinator V $182.00
Survey Technician VI 120.00 Project Coordinator IV 166.00
Survey Technician V 110.00 Project Coordinator III 150.00
Survey Technician IV 102.00 Project Coordinator II 137.00
Survey Technician III 95.00 Project Coordinator I 121.00
Survey Technician II 90.00
Survey Technician I 85.00
Systems Analyst $201.00
Construction Eng. Tech IX $196.00 Systems Administrator 152.00
Construction Eng. Tech VIII 174.00 Systems Technician 101.00
Construction Eng. Tech VII 160.00
Construction Eng. Tech VI 149.00
Construction Eng. Tech V 136.00 Administrator VI $157.00
Construction Eng. Tech IV 120.00 Administrator V 140.00
Construction Eng. Tech III 107.00 Administrator IV 126.00
Construction Eng. Tech II 96.00 Administrator III 104.00
Construction Eng. Tech I 84.00 Administrator II 93.00
Administrator I 84.00
Right-of-Way Technician VI $145.00 Administrative Technician V $95.00
Right-of-Way Technician V 129.00 Administrative Technician IV 82.00
Right-of-Way Technician IV 116.00 Administrative Technician III 73.00
Right-of-Way Technician III 104.00 Administrative Technician II 68.00
Right-of-Way Technician II 92.00 Administrative Technician I 59.00
Right-of-Way Technician I 84.00
The listed rates are subject to annual adjustment January 1 of each year BWE-2024
DocuSign Envelope ID: BC5358AA-2646-4E79-8FC8-471F2CD09A70
EXHIBIT A
City of Topeka Project No. 701028.00 Project
SW Huntoon St. - Gage Blvd. to Harrison St. Engineer Coordinator
1 3 8 12 2
Manhour estimate for roadway design planning - Phase I
$ 130 $ 155 $ 210 $ 280 $137
TASK Expenses Total
1 Scope Development 16 16 $ 7,840
$ -
2 Public Information $ -
Public Information Meeting 1 4 4 8 8 40 $ 10,000 $ 20,540
6+ Meetings with local NIA groups, school districts, and affected businesses 40 40 $ 5,000 $ 24,600
Compilation of data received from meetings 40 4 40 $ 15,000
Contact individuals from public meeting 1 with responses to their comments, questions, and/or concerns 16 16 $ 5,552
$ -
3 Traffic Study $ 50,000 $ 50,000
- Traffic Counts $ -
- 1 driving lane vs. 2 driving lanes $ -
- Stop conditions $ -
- Crash report and exhibits $ -
$ -
4 Geotechnical Report $ 25,000 $ 25,000
12 to 15 roadway bores, 10' deep $ -
Pavement recommendations for asphalt and concrete $ -
Pavement base recommendations for aggregate, lime, and concrete $ -
Street maintenance recommendations $ -
$ -
5 Utility Coordination 40 40 $ 19,600
- City of Topeka Utilities $ -
- Coordination of needed and proposed utility work along and adjacent to Huntoon St. $ -
$ -
6 Development of three (3) roadway scope of improvement concepts $ -
Exhibits and summary reports 80 80 80 16 $ 2,000 $ 46,080
Construction Cost Estimates 8 8 8 2 $ - $ 4,520
Review with City 2 2 $ - $ 980
$ -
7 Public Information $ -
Public Information Meeting 2 4 4 8 8 16 $ 7,252
Compilation of data received from Public Meetings 1 & 2 40 4 24 $ 12,808
Contact individuals from public meetings 1 & 2 with responses to their comments, questions, and/or concerns 16 16 $ 5,552
$ -
8 City Council Presentation $ -
Finalize exhibits and reports for 3 concept options for presentation to City Council 8 8 8 4 8 $ 2,000 $ 8,176
Review with City 2 2 $ 980
Present to City Council 2 2 $ 980
104 104 326 148 160 $ 94,000 $ 348,480
DocuSign Envelope ID: BC5358AA-2646-4E79-8FC8-471F2CD09A70
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 4/25/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER
NAME: IMA Wichita Team
IMA, Inc. - Kansas City PHONE FAX
11350 Switzer Rd (A/C, No, Ext): 316-267-9221 (A/C, No):
E-MAIL
Suite 200 ADDRESS: certs@imacorp.com
Overland Park KS 66210 INSURER(S) AFFORDING COVERAGE NAIC #
License#: PC-1210733 INSURER A : National Fire Insurance Company of Hartford 20478
BART&WE-01
INSURED INSURER B : The Continental Insurance Company 35289
Bartlett & West, Inc.
INSURER C : Valley Forge Insurance Company 20508
1200 SW Executive Drive
Topeka KS 66615-3850 INSURER D : Beazley Insurance Company, Inc. 37540
INSURER E : American Casualty Company of Reading, 20427
INSURER F :
COVERAGES CERTIFICATE NUMBER: 65758800 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 6042700793 7/1/2023 7/1/2024 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000
X Contractual MED EXP (Any one person) $ 15,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X JECT X LOC
PRO-
PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
E COMBINED SINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY 6042700731 7/1/2023 7/1/2024 (Ea accident)
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
NON-OWNED
X HIRED
AUTOS ONLY
X AUTOS ONLY
PROPERTY DAMAGE
(Per accident) $
Comp/Collision Ded: $ $1,000/$1,000
B X UMBRELLA LIAB X OCCUR 6043288583 7/1/2023 7/1/2024 EACH OCCURRENCE $ 9,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9,000,000
X RETENTION $ $
DED 10,000
PER OTH-
C WORKERS COMPENSATION 6042700745 7/1/2023 7/1/2024 X STATUTE ER
AND EMPLOYERS' LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
N E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
D Professional/Pollution Liability C1BE77230801 7/1/2023 7/1/2024 Prof/Pol Each Claim $5,000,000
Prof/Pol Aggregate $10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
States of North Dakota, Ohio, Washington & Wyoming are not included in the Workers Compensation Coverage.
General Liability Policy includes Stop Gap Liability for North Dakota, Ohio, Washington & Wyoming, subject to the policy terms and conditions.
General Liability Policy includes Contractual Liability for Railroads, subject to the terms, conditions, limitations and exclusions
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Topeka
Public Works Department, Engineering Division
215 E 7th Street AUTHORIZED REPRESENTATIVE
Topeka, KS 66603
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: BC5358AA-2646-4E79-8FC8-471F2CD09A70
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 5/15/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER
NAME: IMA Wichita Team
IMA, Inc. - Kansas City PHONE FAX
11350 Switzer Rd (A/C, No, Ext): 316-267-9221 (A/C, No):
E-MAIL
Suite 200 ADDRESS: certs@imacorp.com
Overland Park KS 66210 INSURER(S) AFFORDING COVERAGE NAIC #
License#: PC-1210733 INSURER A : National Fire Insurance Company of Hartford 20478
BART&WE-01
INSURED INSURER B : The Continental Insurance Company 35289
Bartlett & West, Inc.
INSURER C : Valley Forge Insurance Company 20508
1200 SW Executive Drive
Topeka KS 66615-3850 INSURER D : Beazley Insurance Company, Inc. 37540
INSURER E : American Casualty Company of Reading, 20427
INSURER F :
COVERAGES CERTIFICATE NUMBER: 533825039 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 6042700793 7/1/2023 7/1/2024 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000
X Contractual MED EXP (Any one person) $ 15,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X JECT X LOC
PRO-
PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
E COMBINED SINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY 6042700731 7/1/2023 7/1/2024 (Ea accident)
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
NON-OWNED
X HIRED
AUTOS ONLY
X AUTOS ONLY
PROPERTY DAMAGE
(Per accident) $
Comp/Collision Ded: $ $1,000/$1,000
B X UMBRELLA LIAB X OCCUR 6043288583 7/1/2023 7/1/2024 EACH OCCURRENCE $ 9,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9,000,000
X RETENTION $ $
DED 10,000
PER OTH-
C WORKERS COMPENSATION 6042700745 7/1/2023 7/1/2024 X STATUTE ER
AND EMPLOYERS' LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
N E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
D Professional/Pollution Liability C1BE77230801 7/1/2023 7/1/2024 Prof/Pol Each Claim $5,000,000
Prof/Pol Aggregate $10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
States of North Dakota, Ohio, Washington & Wyoming are not included in the Workers Compensation Coverage.
General Liability Policy includes Stop Gap Liability for North Dakota, Ohio, Washington & Wyoming, subject to the policy terms and conditions.
General Liability Policy includes Contractual Liability for Railroads, subject to the terms, conditions, limitations and exclusions
RE: City of Topeka Project No. 701028.00 SW Huntoon St. – SW Gage Blvd. to SW Harrison St. roadway project.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Topeka
Public Works Department, Engineering Division
215 E 7th Street AUTHORIZED REPRESENTATIVE
Topeka KS 66603
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Certificate Of Completion
Envelope Id: BC5358AA26464E798FC8471F2CD09A70 Status: Completed
Subject: RUSH! Event 2922 - 701028.00 SW Huntoon-Gage to Harrison (Phase 1)-Design Contract-Bartlett & West
Document Type: Contract/Agreement/Addendums/Renewals/Change Order
Department: Public Works
Source Envelope:
Document Pages: 21 Signatures: 13 Envelope Originator:
Certificate Pages: 8 Initials: 2 Angela Horn
AutoNav: Enabled Stamps: 1 adhorn@Topeka.org
EnvelopeId Stamping: Enabled IP Address: 98.168.117.239
Time Zone: (UTC-06:00) Central Time (US &
Canada)
Record Tracking
Status: Original Holder: Angela Horn Location: DocuSign
5/29/2024 3:52:56 PM adhorn@Topeka.org
Signer Events Signature Timestamp
Angela Horn Sent: 5/29/2024 4:07:13 PM
Completed
adhorn@topeka.org Viewed: 5/29/2024 4:07:31 PM
City of Topeka Signed: 5/29/2024 4:12:31 PM
Using IP Address: 170.85.8.109
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Kempker Sent: 5/29/2024 4:12:34 PM
todd.kempker@bartwest.com Resent: 6/3/2024 1:06:08 PM
Sr. Vice President Viewed: 6/10/2024 6:57:35 AM
Bartlett & West, Inc Signed: 6/10/2024 7:00:28 AM
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
(None) Using IP Address: 72.255.85.74
Electronic Record and Signature Disclosure:
Accepted: 6/10/2024 6:57:35 AM
ID: 8d407fae-f6e3-48bf-aa06-46f5bcb980a1
Jeff Lolley Sent: 6/10/2024 7:00:31 AM
jeff.lolley@bartwest.com Viewed: 6/10/2024 7:56:44 AM
, Project Manager Signed: 6/10/2024 7:57:45 AM
Security Level: Email, Account Authentication
(None) Signature Adoption: Uploaded Signature Image
Using IP Address: 70.167.32.2
Electronic Record and Signature Disclosure:
Accepted: 6/10/2024 7:56:44 AM
ID: d0637167-d3bd-439c-939f-6dcc617ded8d
Mark Schreiner Sent: 6/10/2024 7:57:48 AM
MSchreiner@Topeka.org Viewed: 6/10/2024 8:29:13 AM
Engineer III Signed: 6/10/2024 8:29:48 AM
City of Topeka
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Braxton Copley Sent: 6/10/2024 7:57:48 AM
bcopley@topeka.org Viewed: 6/10/2024 8:13:06 AM
Director of Utilities Signed: 6/10/2024 8:13:22 AM
City of Topeka
Signature Adoption: Uploaded Signature Image
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Luis A Matos Jr Sent: 6/10/2024 9:55:19 AM
lmatos@topeka.org Viewed: 6/10/2024 9:55:41 AM
Procurement Manager Signed: 6/10/2024 9:55:52 AM
Signing Group: AA - C&P Review
Signature Adoption: Drawn on Device
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kristin Ready Sent: 6/10/2024 9:55:57 AM
kready@Topeka.org Viewed: 6/10/2024 11:51:19 AM
Accountant II Signed: 6/10/2024 11:52:09 AM
City of Topeka
Signature Adoption: Pre-selected Style
Signing Group: AA - Finance Review
Using IP Address: 98.168.117.239
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Luis A Matos Jr Sent: 6/10/2024 11:52:14 AM
lmatos@topeka.org Viewed: 6/10/2024 1:51:50 PM
Procurement Manager Signed: 6/10/2024 1:52:05 PM
Signing Group: AA - C&P
Signature Adoption: Drawn on Device
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Leigha Boling Sent: 6/10/2024 1:52:10 PM
lboling@topeka.org Viewed: 6/10/2024 3:43:28 PM
Director of Contracts and Procurement Signed: 6/10/2024 3:45:16 PM
City of Topeka
Signature Adoption: Uploaded Signature Image
Signing Group: AA - Finance Director
Using IP Address: 170.85.6.84
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/16/2023 10:18:14 AM
ID: 849048a5-2356-4715-b245-89f450fab387
Mathew Mullen Sent: 6/10/2024 5:40:36 PM
mwmullen@topeka.org Viewed: 6/11/2024 7:28:48 AM
Senior City Attorney Signed: 6/11/2024 7:30:33 AM
City of Topeka
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Council Consent Agenda Hold Sent: 6/11/2024 7:30:53 AM
Completed
procurement@topeka.org Viewed: 6/20/2024 10:06:54 AM
Security Level: Email, Account Authentication Signed: 6/20/2024 10:07:19 AM
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Keya Downing Sent: 6/20/2024 10:11:52 AM
kdowning@Topeka.org Viewed: 6/20/2024 10:12:16 AM
Signing Group: AA - City Clerk Review Signed: 6/20/2024 10:14:21 AM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 170.85.8.119
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robert M. Perez, Ph.D. Sent: 6/24/2024 8:00:18 AM
rmperez@topeka.org Viewed: 6/24/2024 8:01:46 AM
City Manager Signed: 6/24/2024 8:08:40 AM
City of Topeka
Signature Adoption: Drawn on Device
Security Level: Email, Account Authentication
(None) Using IP Address: 98.168.117.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brenda Younger Sent: 6/24/2024 11:11:27 AM
BYounger@topeka.org Viewed: 6/24/2024 11:13:11 AM
City Clerk Signed: 6/24/2024 11:13:57 AM
City of Topeka
Signing Group: AA - City Clerk
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 170.85.8.119
Electronic Record and Signature Disclosure:
Accepted: 8/17/2021 1:09:56 PM
ID: 807f097e-c1b5-4b33-ab43-eedb09cd7ef1
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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ID: 807f097e-c1b5-4b33-ab43-eedb09cd7ef1
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Intermediary Delivery Events Status Timestamp
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alstanley@topeka.org
Lindy Brewer
lbrewer@topeka.org
Vicki Yost
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Richard U. Nienstedt Sent: 6/24/2024 8:00:22 AM
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Robert M. Perez
rmperez@topeka.org
City Manager
City of Topeka
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Robert Bidwell Sent: 6/24/2024 11:14:05 AM
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Interim City Engineer
City of Topeka
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 11/9/2020 8:00:48 AM
Parties agreed to: Todd Kempker, Jeff Lolley, Leigha Boling, Brenda Younger, Brenda Younger
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City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
February 4, 2025
DATE: February 4, 2025
CONTACT PERSON: Robert M. Perez, Ph.D., DOCUMENT #:
City Manager
SECOND PARTY/SUBJECT: Sales Tax 2025 PROJECT #:
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
DISCUSSION concerning the proposition of levying an additional special purpose citywide retailers’
sales tax of five-tenths of one percent (0.5%) for the purpose of providing essential public safety that
ensures a vibrant and healthy community, for sustainable solutions to increase availability of affordable
housing, and to effectively combat homelessness with multifaceted solutions.
(If the proposed resolution is approved, a special question mail ballot election shall be held in the manner
prescribed by law on April 28, 2025, for the purpose of submitting to the electors of the City of Topeka,
Kansas, the question of levying an additional citywide special purpose retailers’ sales tax in the amount of five-
tenths of one percent (0.5%) to provide essential public safety that ensures a vibrant and healthy community,
for sustainable solutions to increase availability of affordable housing, and to effectively combat homelessness
with multifaceted solutions. Sales tax shall take effect on October 1, 2025, and expire October 1, 2035.)
VOTING REQUIREMENTS:
Discussion only. Action requires at least seven (7) votes of the Governing Body.
POLICY ISSUE:
Whether to submit to the qualified electors of the city, the question of levying a citywide retailers' sales tax to be
collected by the Kansas Department of Revenue for the purpose of public safety, affordable housing and to
combat homelessness.
STAFF RECOMMENDATION:
Discussion only. Staff is recommending the Governing Body move to approve the resolution when considered.
BACKGROUND:
The City is facing a structural deficit of $17 million within its general fund. This funding is viewed as one of the
tools at the City's disposal, without current service cuts, to submit a balanced budget for 2026. Receiving
additional funding would allow for more time to review the impact of reducing expenses within the general fund.
BUDGETARY IMPACT:
The policy decision the Governing Body would consider is raising the city portion of the sales tax from 1.5% to
2.0%. An estimated half-cent increase in the sales tax could generate around $19,000,000, to be allocated for
purposes specified in the proposed resolution.
SOURCE OF FUNDING:
If received, the funding would be sales tax.
ATTACHMENTS:
Description
Resolution
2026 Budget Overview (Jan 28, 2025 Policy and Finance Committee Meeting)
1 RESOLUTION NO. ___________
2
3 A RESOLUTION introduced by City Manager Dr. Robert M. Perez, to submit to the
4 qualified electors of the City by mail ballot election the proposition of
5 levying an additional special purpose citywide retailers’ sales tax of
6 five-tenths of one percent (0.5%) for the purpose of providing
7 essential public safety that ensures a vibrant and healthy community,
8 for sustainable solutions to increase availability of affordable housing,
9 and to effectively combat homelessness with multifaceted solutions.
10
11 WHEREAS, K.S.A. 12-187 et seq., and amendments thereto, authorizes the
12 Governing Body to submit to the qualified electors of the City, the question of levying a
13 citywide retailers' sales tax to be collected by the Kansas Department of Revenue with
14 revenue therefrom returned and distributed as provided by law within this City; and
15 WHEREAS, the City of Topeka’s Governing Body has determined that additional
16 revenue is needed to provide an adequate level of public services within the City,
17 specifically for public safety, affordable housing and to combat homelessness.
18 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
19 CITY OF TOPEKA, KANSAS, that
20 Section 1. A special question mail ballot election shall be held in the manner
21 prescribed by law on the 28th day of April, 2025, for the purpose of submitting to the
22 electors of the City of Topeka, Kansas, the question of levying an additional citywide
23 special purpose retailers’ sales tax in the amount of five-tenths of one percent (0.5%) to
24 provide essential public safety that ensures a vibrant and healthy community, for
25 sustainable solutions to increase availability of affordable housing, and to effectively
26 combat homelessness with multifaceted solutions.
27 Section 2. The proposition to be voted on shall appear on the ballot as follows:
28 “Shall the City of Topeka levy an additional retailers’ sales tax in the amount of
RES/Sales Tax Mail Ballot (3 uses) 1/28/25 1
29 five-tenths of one percent (0.5%) to be used exclusively for the purpose of
30 providing essential public safety that ensures a vibrant and healthy community,
31 for sustainable solutions to increase availability of affordable housing, and to
32 effectively combat homelessness with multifaceted solutions, provided such
33 sales tax shall take effect on October 1, 2025, and shall expire October 1,
34 2035?”
35 Section 3. If approved by a majority of the electors voting thereon, such tax shall
36 be subject to all applicable state laws and administrative rules and regulations of the
37 Kansas Department of Revenue. The services of the Kansas Department of Revenue shall
38 be utilized to administer, enforce and collect such tax.
39 Section 4. The City Clerk is authorized and directed to deliver this Resolution to
40 the Election Commissioner of Shawnee County, Kansas, who is authorized to and shall
41 give notice of the election, as provided by law, by newspaper of general circulation in the
42 City, as provided by K.S.A. 10-120, with the first publication to be not less than twenty-one
43 days prior to the date of the election. The vote at the election shall be by ballot, and the
44 proposition stated above shall be printed on the ballot, together with voting instructions as
45 provided by law.
46 ADOPTED and APPROVED by not less than two-thirds (2/3) of the Governing Body
47 on .
48 CITY OF TOPEKA, KANSAS
49
50
51
52 Michael A. Padilla, Mayor
53 ATTEST:
54
55
RES/Sales Tax Mail Ballot (3 uses) 1/28/25 2
56 ______________________________
57 Brenda Younger, City Clerk
RES/Sales Tax Mail Ballot (3 uses) 1/28/25 3
2026 Budget Overview
Policy and Finance
January 28, 2025
Agenda 1
• Revenue and Expense Overview
• Options to Increase Revenue in 2026
• Options to Remove Expenses in 2026 and Beyond
• Sales Tax Ballot Question
• Next Steps
• Discussion
Revenue and Expense Overview 2
Category 2026 2027 2028
Revenues $119,346,616 $120,848,686 $123,350,497
Expenses $136,695,279 $142,719,193 $147,029,500
Projected Surplus/(Deficit) ($17,348,663) ($21,870,507) ($23,679,003)
Options to Increase Revenue in 2026 3
Increase Revenue in General Fund Options Amount
Mill Shift with CIP Changes (50% DREAMS & Infill Sidewalks) $ 2,992,786
Additional Use of Unassigned Reserve Fund $ 2,500,000
PILOTS $ 500,000
Fee Schedule Adjustment $ 300,000
One-Time Unused Funds $ 523,000
Increase in fund Admin Fees $ 500,000
Spend Down to 15% General Fund Reserve Level $ 3,000,000
**Highlighted items are one-time Revenue Sources
Options to Remove Expenditures in 2026 4
Decrease Expenditures in General Fund Options Amount
Hotel Policy Decision $ 1,425,000
Grant Program Reduction $ 750,000
Police Vehicle Decrease $ 150,000
Decrease Engineering Studies $ 300,000
Summary of Previously Listed Options 5
Summary Amount
Hotel Policy Decision $1,425,000
Grant Program Reduction $ 750,000
Police Vehicle Purchase Decrease $ 150,000
Decrease Engineering Studies $ 300,000
Mill Shift with CIP Changes (50% DREAMS & Infill Sidewalks) $ 2,992,786
Additional Use of Unassigned Reserve Fund $ 2,500,000
PILOTS $ 500,000
Fee Schedule Adjustment $ 300,000
One-Time Unused Funds $ 523,000
Increase in fund Admin Fees $ 500,000
Spend Down to 15% General Fund Reserve Level* $ 3,000,000
Totals $12,940,786
*Highlighted items are one-time savings
Closing the 2026 Gap 6
Category Amount
Projected Deficit for 2026 ($17,348,663)
Non-Personnel Items from Previous Slide* ($12,940,786)
Department Cuts/Hiring Freeze for 2026 ($4,407,877)
Total Surplus / (Deficit) ($0)
• Of the Non-Personnel Items $6,023,000 is one-time revenue
Closing the 2027 Gap 7
Category Amount
Projected Deficit for 2027 ($21,870,507)
Re-Occurring Decreased Expenses ($6,917,786)
Re-Occurring Department Cuts ($4,407,877)
Total Surplus / (Deficit) ($10,544,844)
Sales Tax Initiative 8
• A proposed ballot initiative would include a total
½ cent sales tax increase that would generate
$19M for the following priorities:
1. Public Safety
2. Affordable Housing
3. Homelessness Programs
Current Sales Tax Structure 10
Current Total is 9.35% Municipalities Sales Tax Rate
• State of Kansas: 6.5% Topeka (Proposed) 9.85%
• SNCO: 1.35% Shawnee 9.60%
• 0.5% for JEDO Olathe 9.48%
• 0.65% for Washburn University
Overland Park 9.35%
• 0.20% for Gage Park
Authority Topeka (Current) 9.35%
• COT:1.5% Lawrence 9.35%
• 1.0% for General Use Manhattan 9.15%
• 0.5% Special Use for Citywide Kansas City, Kansas 9.13%
Half-Cent Fund
City Manager’s Next Steps 9
• Discussion/Feedback
• February 4th – Governing Body Discussion
• February 11th – Governing Body Vote
• April 28th – Public Vote, if approved by City Council on
February 11th
• October 1st – If approved, first date of collection
2026 Budget Overview
Policy and Finance
January 28, 2025
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
February 4, 2025
DATE: February 4, 2025
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
PUBLIC COMMENT PROTOCOL
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
Governing Body Rule 5.5
(c) Public Comment on a specific agenda item: Comments from members of the public concerning a
specific agenda item will be heard at the time the item is considered. Persons will be limited to addressing the
governing body one (1) time on a particular matter unless otherwise allowed by a vote of six (6) or more members
of the governing body.
(d) General public comment: Requests by members of the public to speak during the public comment portion
of a regular governing body meeting will be placed on the agenda on a "first-come, first-served" basis. The
request should state the name of the individual(s) desiring to be heard. Each such individual shall be limited to
addressing the governing body one (1) time and his or her comments shall be limited to topics directly relevant to
business of the governing body; provided however, that comments pertaining to personnel and litigation matters
shall not be allowed.
Procedures for Addressing the Governing Body
In accordance with Governing Body Rules 5.6 and 5.7, the following protocols for public comment apply:
Each person shall state his or her name and city of residence in an audible tone for the record.
All remarks shall be addressed to the Governing Body as a whole -- not to any individual member.
In order to provide additional time for as many individuals as possible to address the Governing Body, each
individual signed up to speak will need to complete his or her comments within four minutes.
The following behavior will not be tolerated from any speaker:
Uttering fighting words
Slander
Speeches invasive of the privacy of individuals (no mention of names) Unreasonably Loud Speech
Repetitious Speech or Debate
Speeches so disruptive of proceedings that the legislative process is substantially interrupted
Any speaker who engages in this type of behavior will be warned once by the presiding office (Mayor). If the
behavior continues, the speaker will be ordered to cease his or her behavior. If the speaker persists in interfering
with the ability of the Governing Body to carry out its function, he or she will be removed from the City Council
Chambers or Zoom meeting room.
Members of the public, Governing Body and staff are expected to treat one another with respect at all times.
Zoom Meeting Protocol
Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
Zoom.
Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
If you are cut off during your comment time due to an internet connection or technical issue, you will need
to submit your comments in writing to the City Clerk atcclerk@topeka.orgor 215 SE 7thStreet, Room
012B, Topeka, KS 66603 for attachment to the minutes.
If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue
any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin.
Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing
Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users
will hear one beep when a minute is remaining and then another beep when time has expired.
Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to
the Zoom meeting room.
BUDGETARY IMPACT:
SOURCE OF FUNDING: