Difference between revisions of "Phase III - Final Design"

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== Task No. 1 - Schedule Third Utility Meeting ==
== Introduction ==
When the plans are approximately 80 percent complete or at the stage where the Street horizontal and vertical alignment and the stormsewer profiles have been approved, the third utility meeting will be scheduled by the Consultant/Project Manager.  A pre-meeting agenda shall be distributed and meeting minutes prepared.
{{Introduction
|During this phase-plans, specifications and contract documents are finalized. Condemnation, if required to obtain R/W or easements, is completed.


Note:  In an effort to avoid scheduling conflicts with other called utility meetings an Outlook calendar has been created called PW Utilities. PW Utilities shall be invited as an attendee to all utility meetings, pre-bid conferences and pre-construction conferences or any meeting requesting utility company attendance.
Utility relocations, that are practical and reasonable to accomplish, occurs during this phase, prior to beginning construction.


See Phase II, Task No. 9 for exhibits.
Environmental studies/concerns are addressed and resolved. Also, other agency approvals are received subsequent to final plan review.
}}


The primary purpose of this meeting is to confirm what utilities need to be relocated, and establish if the facility is located in public R/W / easements or private easements. Determine whether KCPL streetlights are to be removed and replaced with City streetlights. Also, the project schedule will be reviewed and a time frame for relocating utility facilities will be addressed. If utilities requiring relocation are in private easements the project manager shall request relocation plans, a detailed cost estimate of relocations, a relocation schedule, a marked-up set of plan sheets highlighting existing utility locations, existing easement locations with book and page, and copies of easement documents.
== [[Phase III Checklist]] ==
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== [[Phase III Flow Chart|Flow Chart]] ==
-->


Exhibit No. III-1 Utility Relocation Plan Submission Requirements.
== Task No. 1 - Schedule Third Utility Meeting ==
 
Exhibit No. II-9a Utility Relocation Guidelines.
 
If KCPL streetlights are to be removed, prepare letter to KCPL requesting a work order and written cost estimate for removal of affected streetlights.  Generally this request takes place only on Residential Street or C.D.B.G. type projects.
 
Exhibit No. III-1a is a sample letter to KCPL requesting work order
 
Exhibit No. III-1b is a sample work order cover letter from KCPL
 
Exhibit No. III-1c is a sample City approved KCPL work order
 
Exhibit No. III-1d is a sample City staff letter to KCPL approving work order
 
== Task No. 2 - Execute Utility Agreements ==
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If documentation is confirmed that utilities to be relocated are in private easements, the Project Manager shall receive the agreement, forward to the law department for review/approval and Public Works Director approval.
When the plans are approximately 80 percent complete or at the stage where the horizontal and vertical alignments and the storm sewer profiles have been approved, the third utility meeting will be scheduled by the Consultant/Project Manager.  A pre-meeting agenda shall be distributed and meeting minutes prepared.


See Email Memo regarding Utility Agreement language.
{{Note|When scheduling utility meeting in Google calendar, in order to avoid conflicts with other utility meetings, CH-PW Utilities (found under Rooms tab) shall be "invited" as an attendee to all meetings, pre-bid conferences and pre-construction conferences or any meetings that require utility company attendance.}}


Note: The City does not pay for utility relocations in platted public easements.
See [[Phase_II_-_Preliminary_Design#Task_No._7_-_Initiate_Utility_Coordination._Schedule_Utility_Meeting_(optional)|'''Phase II, Task No. 7''']] for exhibits.


Exhibit No. III-2a is a sample utility agreement for KCPL
The primary purpose of this meeting is to confirm what utilities need to be relocated, and establish if the facility is located in public R/W / easements or private easements. Determine whether Evergy streetlights are to be removed and replaced with City streetlights. Also, the project schedule will be reviewed and a time frame for relocating utility facilities will be addressed. If utilities requiring relocation are in private easements the project manager shall request relocation plans, a detailed cost estimate of relocations, a relocation schedule, a marked-up set of plan sheets highlighting existing utility locations, existing easement locations with book and page, and copies of easement documents.


Exhibit No. III-2b is a sample utility agreement for Water District No. 1 of Johnson County
Refer to the City's [[Utility_Relocation_Guidelines|'''Utility Relocation Guidelines''']] for all relocation planning.


Exhibit No. III-2c is a sample utility agreement for Atmos Energy Corporation
See [[Right-of-Way_Permits_-_Plan_Submission_Requirements|'''Plan Submission Requirement for Right-of-Way Permits''']] for additional information.


Exhibit No. III-2d is a sample utility agreement for Magellan Pipeline Company
If streetlights, that were formerly owned by Evergy, are to be removed, prepare a letter to Black & McDonald requesting a proposal for removal costs. This is generally only applicable to Neighborhood Street Reconstruction projects, CDBG projects and Streetlighting projects.


Exhibit No. III-2e is a sample sanitary sewer line crossing agreement
{{Exhibit|III-1a Streetlighting Removal Procedure.pdf|No. III-1a|is the Streetlighting Removal Procedure}}
{{Exhibit|III-1b letter requesting the removal of streetlights.pdf|No. III-1b|is a sample letter to Black & McDonald requesting the proposal for streetlights removal}}
{{Exhibit|III-1c proposal letter from Black & McDonald.pdf|No. III-1c|is a sample proposal letter from Black & McDonald}}
{{Exhibit|III-1d Release to Construction letter.pdf|No. III-1d|is a sample Release to Construction letter to Black & McDonald}}
{{Exhibit|III-1e Do Not Release to Construction letter.pdf|No. III-1e|is a sample Do Not Release to Construction letter to Black & McDonald}}
{{Exhibit|III-1f removal notification letter to Evergy.pdf|No. III-1f|is a sample Removal Notification letter Evergy}}


Exhibit No. III-2f is a relocation agreement for Kansas Gas Service.
== Task No. 2 - Execute Utility Agreements ==
 
== Task No. 3 - Begin R/W / Easement Negotiations ==
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Subsequent to receiving the appraisal report, the Project Manager will begin the negotiation process.
If documentation is confirmed that utilities to be relocated are in private easements, the Project Manager shall receive an agreement, forward it to the law department for review/approval and to the Public Works Director for approval. The Contract Specialist shall be copied on all internal correspondence.


See FHWA's Real Estate Acquisition Guide For Local Public Agencies for information that will be necessary when a project is started that requires the acquisition of real estate and receives any Federal funding.
{{Note|The City does not pay for utility relocations in platted public easements.}}


For KDOT projects, the process shall be in accordance with BLP Memo 92-15, BLP Memo 97-1 and BLP Memo 06-01. When federal funding is involved KDOT's Design Summary Document and environmental approval from FHWA must be received from KDOT BLP prior to proceeding with right of way negotiations.
{{Exhibit|III-2a.pdf|No. III-2a|is a sample utility agreement for Evergy}}
{{Exhibit|III-2b.pdf|No. III-2b|is a sample utility agreement for Water District No. 1 of Johnson County}}
{{Exhibit|III-2c.pdf|No. III-2c|is a sample utility agreement for Atmos Energy Corporation}}
{{Exhibit|III-2d.pdf|No. III-2d|is a sample utility agreement for Magellan Pipeline Company}}
{{Exhibit|III-2e.pdf|No. III-2e|is a sample sanitary sewer line crossing agreement}}
{{Exhibit|III-2f.dot|No. III-2f|is a relocation agreement for Kansas Gas Service.}}


BLP Memo 92-15 describes R/W Acquisition Policies with the following attachments/information:
== '''Task No. 3 - Complete Environmental Process''' ==
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Procedures for R/W Acquisition on simple projects (3 pages)
Once the City receives The Status of Project Environment Concerns (Final) from KDOT's Environmental Services Section the City shall obtain all required environmental permits. All environmental permit applications, correspondence and issued permits shall be packaged together in the project files for easy retrieval. Environmental Permits required to be on site during construction.
*Certification of Real Property Acquisition procedures (3 pages) See BLP Memo 06-01.  
*City offer to purchase Statement of Compensation (1 page)
*Partial donation of R/W (1 page)
*Donation of R/W (1 page)
*Value Finding Appraisal (1 page)
**Brochure entitled, "Real Property Acquisition for Kansas Highways, Roads, Streets and Bridges"
**Brochure entitled, "Uniform Relocation Assistance and Real Property Acquisition Regulations for Federal and Federally Assisted Programs"
* Forms that may be copied as necessary to complete and return to the Bureau of Local Projects.


**Information available from KDOT - each property owner to receive.
A Storm Water Pollution and Prevention Plan (SWPPP) must be prepared by the project team. All permits, environmental or otherwise, obtained by the contractor shall be packaged together in SWPPP booklet and shall be on site at all times once construction begins. For more information refer to Chapter [[Media:4.0 Environmental 2020.pdf|'''4.0 Environmental''']] of KDOT's LPA Project Development Manual.


BLP Memo 97-1 for tracts less than $7500, with attachment
See [https://docs.google.com/document/d/1iNAJByLyc81I3IZoeg1b0DNymITZH_HQ/copy '''SWPPP Template'''] for assembling the SWPPP notebook.


Exhibit No. Ill-3a is the Real Property Acquisition Checklist.
== '''Task No. 4 - Complete NEPA Documentation''' ==
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Exhibit No. II-33h is a copy of Appraisal Review form.
The preliminary Environmental Classification deemed appropriate in accordance with 23CFR771 will be indicated on the KDOT Form 883. As the project design proceeds, more information becomes available that may, in some cases, cause a revision in the Environmental Classification of the project. Final determination of the environmental class will determine the type of documentation that will be required for the project.


Exhibit No. Ill-3b is a sample log of owner contact.  A log of owner contact should be kept for each owner.  
If an Environmental Impact Statement or an Environmental Assessment is determined to be the appropriate document, it will be the responsibility of the City and its consultant to prepare the document with coordination from KDOT and FHWA.


Note:  See Exhibit No. II-34h for a copy of the City's standard Mortgage Release for Individuals and Exhibit No. II-34i for Corporations.  
If the project is determined to be a categorical exclusion, the Design Summary Document transmitted by KDOT will be the documentation. KDOT will prepare the Design Summary Document for FHWA concurrence. Once concurrence is received from FHWA, the KDOT's Local Road Engineer will forward it to the City.


See Exhibit No. II-34zz for a copy of the City's standard Easement Acquisition Agreement to be completed along with the negotiated right-of-way and easement documents.
::[[Media:Design Summary Document memo.pdf|'''Exhibit No. III-4''']] ''is an example of the Design Summary Document with FHWA concurrence''


== Task No. 4 - Begin Condemnation Process ==
For more information refer to Chapter [[Media:4.0 Environmental 2020.pdf|'''4.0 Environmental''']] of KDOT's LPA Project Development Manual.
For tracts that cannot be purchased by negotiation, the Law Department shall file documents to begin the condemnation procedure.  
Exhibit No. III-4 outlines the steps in the condemnation process and city department/employee responsibilities.


Exhibit No. III-4a is an example transmittal memo to the City Clerk for filing of the condemnation documents.
== Task No. 5 - Begin Right-of-Way / Easement Negotiations ==
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== Task No. 5 - Complete Condemnation Process ==
Subsequent to receiving the appraisal report/estimate of just compensation, the Project Manager will begin the negotiation process.
After the appraiser’s report is filed and the Finance Department issues the check to the District Court, the Contractor can use the R/W and Easements. For property owners inquiries about condemnation award distributions, the "award" can be collected from the Clerk of the District Court of Johnson County.


See FHWA's [https://www.fhwa.dot.gov/real_estate/local_public_agencies/lpa_guide/index.cfm '''Real Estate Acquisition Guide For Local Public Agencies'''] for information that will be necessary when a project is started that requires the acquisition of real estate and receives any Federal funding.


== Task No. 6 - Acquire R/W / Easement - Submit KDOT Forms 1306 and 1304 ==
For KDOT projects, the process shall be in accordance with KDOT's LPA Project Development Manual. When federal funding is involved KDOT's Design Summary Document and environmental approval from FHWA must be received from KDOT BLP prior to proceeding with right-of-way negotiations.
For KDOT projects, Form No. 1306 and Form No. 1304 are required.
Note: Form 1306 must be completed and returned to BLP on all projects even if no rights of way are being acquired.


Exhibit No. III-6a is a memo from the U.S. Department of Transportation regarding Status of Utility and Railroad Agreements and Adjustments.
Engineering (development of property descriptions and deeds) and appraisal of tracts to be acquired on a project may begin at any time after the limits of the project's right-of-way needs has been established. These efforts should begin early enough in the project development process to allow sufficient time for acquisition and, if necessary, eminent domain procedures. Negotiations with the property owners and offer of compensation should not occur until completion of NEPA documentation since changes in the project design may become necessary as a result of the NEPA process.


Exhibit No. III-6b is KDOT Memo B.R.U.D. 84-10 regarding Status of Utility and Railroad Agreements and Adjustments.
No right-of-way acquisition may begin until after Section 4(f), Section 6(f), or Section 106 activities have been completed. BLP will transmit a copy of the FHWA concurrence in the NEPA document and copies of the appropriate ROW forms when the NEPA review has been completed. Early acquisition (acquisition prior to completion of the NEPA document) may be approved for individual properties when it is determined to be in the public's and/or property owner's best interest. A written request for early acquisition shall be submitted to BLP that identifies the specific property and includes an explanation of why early acquisition as being requested.


Exhibit No. III-6c is KDOT Form 1304 - List of Utilities & Status. (example template)  Note: All utilities from Phase II task 9 should be considered when completing form 1304.
KDOT's LPA Project Development Manual describes R/W Acquisition Policies with the following attachments/information:


Exhibit No. III-6d is KDOT Form 1306 - Certification By the City to the Kansas Department of Transportation of Real Property Acquisition Procedures and Utility Arrangements. (KDOT Form 1306 combines and replaces KDOT Forms 1303 and 1303A)
:*Procedures for R/W Acquisition on simple projects;
:*Certification of Real Property Acquisition procedures;
:*City offer to purchase Statement of Compensation;
:*Partial donation of R/W;
:*Donation of R/W;
:*Value Finding Appraisal;


The Project Manager or the appraiser must invite the property owner or owner's designated representative to accompany the appraiser during the inspection of the property.


== Task No. 7 - Submit Final Plans for Review Submittal ==
For additional information see [http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burRow/PDF_Files/AcquisitionWCover.pdf '''"Real Property Acquisition for Kansas Highways, Roads, Streets and Bridges"'''].
The Consultant/Project Engineer shall complete the project plans and make distribution to the appropriate persons.  
The Project Manager will send one set of plans to the Maintenance Division District in which the project is located. The plans will go to the appropriate functional Supervisor using the Maintenance Plan Review Memo located under the Public Works tab of the General Templates in Microsoft Word. See Maintenance Plan Review Process for more information.


The Project Manager will send one set of plans to the Stormwater Section. The Erosion and Sediment Control Plan Review Checklist will be used as a review aid for erosion and sediment control plans.  
For Federal Regulations regarding Relocation Assistance and Real Property Acquisition see [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr24_main_02.tpl '''49CFR24'''].


For projects containing CARS funding plans and specifications must be submitted to the Johnson County Director of Infrastructure for review and comment.  
{{Exhibit|III-5a Property Acqusition Checklist.docx|No. III-5a|is the Real Property Acquisition Checklist.}}
{{Exhibit|Appraiser inspection letter.pdf|No. III-5b|is a sample Letter from Appraiser to Property Owner.}} '''<font color="#FF0000">(to be replaced with better example when available)</font>'''
{{Exhibit|Sample Acquisition Notes.pdf|No. III-5c|is a sample Acquisition Notes.  A log of owner contact should be kept for each owner.}}
{{Exhibit|III-5d Mortgage Release Individual.docx|No. III-5d|is the City's standard Mortgage Release for Individuals.}}
{{Exhibit|III-5e Mortgage Release Corporation.docx|No. III-5e|is the City's standard Mortgage Release for Corporations.}}
{{Exhibit|II-34i appraisal review.dot|No. II-34i|is a copy of Appraisal Review form.}}


Exhibit No. III-7a is a letter from CARS accepting plans along with additional information and requirements prior to advertising project.
The City's standard  [[media:Easement Acquisition Agreement 11-12-15.pdf|'''Easement Acquisition Agreement''']] will be completed along with the negotiated right-of-way and easement documents.


For KDOT projects two (2) sets of final plans shall be submitted to the BLP.
A mortgage release shall be obtained if the value of acquisition exceeds $50,000.


See BLP Memo 06-05  for information pertaining to Final Check Plans.  
For more information see Chapter [[Media:7.0 Right of Way 2020.pdf|'''7.0 Right of Way''']] of KDOT's LPA Project Development Manual.


See BLP Memo 03-12 Engineer's Professional Seal and Signature on Plans.
== Task No. 6 - Begin Condemnation Process ==
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See BLP Memo 06-06  for a list of information is to be submitted with the PS&E. The items shown in BLP Memo 06-06  are only required to be submitted if the project is administered (Let) by the Bureau of Local Projects.  In most cases projects are administered by the City and the items shown in the above memo need not be submitted.
For tracts that cannot be acquired by negotiation, the Law Department shall file documents to begin the [[Condemnation Process|'''Condemnation Process''']].  


:[[media:III-6 PM to City Clerk filing for condemnation.pdf|'''Exhibit No. III-6''']] ''is an example transmittal memo to the City Clerk for filing of the condemnation documents''.


== Task No. 8 - Submit Specifications and Special Provisions ==
== Task No. 7 - Complete Condemnation Process ==
The Consultant/Project Engineer shall complete the Specifications and Special Provisions to the specifications that are applicable and necessary for the project.
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Project specifications are prepared using MakeSpec New Project.dot in Microsoft Word. For complete instructions on installing and using MakeSpec see Using MakeSpec - Instructions.  
Once the Appraisers Report and Statement of Appraisers Fees are filed with District Court, the Law Department will route the Appraisers Report and Statement of Appraisers Fees along with the check requests for signatures by the City Attorney and Director of Public Works. Once the check requests are signed, they will be provided to Finance with a request to route the checks to the Law Department. The Law Department will forward the payment to the District Court and receive a receipt of payment. Law Department will provide Public Works with a copy of the receipt. Once the payment is received by District Court, the easements belong to the City.  If property owners contact the City for their payment, they should be directed to collect their award from the Clerk of the District Court of Johnson County.


Exhibit No. III-8a is a sample of City Specifications for a street project.
The Law Department will also obtain a certified copy of the Appraisers Report and forward it to the Contract Specialist. Contract Specialist will file this copy with Johnson County Records and Tax Department. Once a file-stamped copy is received, the Contract Specialist will provide a copy to Law and to the technician who maintains the easements.


== Task No. 8 - Acquire Right-of-Way / Easements - '''Submit KDOT Forms 1306 and 1304''' ==
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Note:  See http://www.ksdot.org/burConsMain/specprov/07default.asp to access KDOT Special Provisions web page. The latest applicable Special Provisions are to be printed and included in the contract documents.
For KDOT projects, forms [http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/Forms/1306.pdf '''1306'''] (see note below) and [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/Forms/1304.pdf '''1304'''] are required.


Refer to Chapter [[Media:8.0 Status of Utilities 2020.pdf|'''8.0 Status of Utilities''']] of KDOT's '''LPA Project Development Manual''' for additional information on utility relocation.


Exhibit No. III-8c  List of proprietary items for Traffic Signals and Street Lighting to be used in the preparation of plans and specifications.
KDOT Form 1306 is Certification By the City to the Kansas Department of Transportation of Real Property Acquisition Procedures and Utility Arrangements. (KDOT Form 1306 combines and replaces KDOT Forms 1303 and 1303A).  


Specifications for a proposed CARS project must be submitted to the Johnson County Director of Infrastructure for review and comment. The specifications are to be submitted with the final plans. See Phase II, Task No. 7.
Refer to Chapter [[Media:7.0 Right of Way 2020.pdf|'''7.0 Right of Way''']] of KDOT's '''LPA Project Development Manual''' for additional information on Right of Way acquisition process.


{{Note|Form 1306 must be completed and returned to BLP on all projects even if no rights of way are being acquired.
::The Consultant/Project Manager shall verify that it is KDOT's current version.
::The Overland Park note shall be added to the last page of the form (see highlighted on this [[Media:1306 last page OP note.pdf|'''example''']]).}}


== Task No. 9 - Submit Contract Documents and Insurance ==
{{Exhibit|III-8a.pdf|No. III-8a|is a memo from the U.S. Department of Transportation regarding Status of Utility and Railroad Agreements and Adjustments.}}
The Consultant/Project Engineer shall complete the Contract Documents and determine from the insurance options, the required insurance coverage for the project. For KDOT projects, when applicable, Contractor will provide Railroad Protection Liability Insurance for work on railroad RAV and Pollution Liability Insurance for Lead Based Paint removal projects.  
{{Exhibit|III-8b.pdf|No. III-8b|is KDOT Memo B.R.U.D. 84-10 regarding Status of Utility and Railroad Agreements and Adjustments.}}
All federal-aid projects are subject to legislative and regulatory DBE requirements. During this task the appropriate DBE goal for the project will be established. Prior to advertisement, a detailed estimate shall be submitted via fax to KDOT's External Civil Rights Administrator (ECRA), FAX (785)296-0723.  The ECRA will review the estimate and determine if a DBE goal is needed for the project and, if needed, what dollar amount the goal will be. The DBE contract goal amount established by the ECRA shall be shown on the DBE Contract Goals sheet (07-19-80-R11) and included in the contract documents. See BLP Memo 04-07 - Procedures for DBE Involvement.
{{Exhibit|Form 1304 Signed.pdf|No. III-8c|is KDOT Form 1304 - List of Utilities & Status of Same (completed example)}}.
{{Exhibit|Form 1306 Signed.pdf|No. III-8d|is KDOT Form 1306 - Certification By the City to the KDOT of Real Property Acquisition Procedures and Utility Arrangements (completed example)}}.


{{Note|All utilities from [[Phase_II_-_Preliminary_Design#Task_No._7_-_Initiate_Utility_Coordination._ Schedule_Utility_Meeting_(optional)|'''Phase II task 7''']] should be considered when completing [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/Forms/1304.pdf '''1304'''].}}


Detailed procedures for contract preparation
== '''Task No. 9 - Submit Final Check Plans for Review''' ==
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Guidance for Planning Bid and Contract Award Schedules
The Consultant/Project Engineer shall complete the project plans and distribute electronically via '''Bluebeam''' session to the following:


*all members of the Project Team (see [[media:Maintenance Plan Review Process 2020.docx|'''Maintenance Plan Review Process''']] for Maintenance Division routing),
*City Engineer,
*City Traffic Engineer,
*Erosion Control Coordinator (Stormwater Section).


City's Standard Contract Documents (for Contracts Under $50,000)
The [[media:Final_Plan_Review_Checklist.docx|'''Final Plan Review Checklist''']] will be used as a review aid for final plans.


Exhibit No. III-9-1  Agreement
Erosion and Sediment Control plans will be prepared as part of the final plans.


Exhibit No. III-9-2  Proposal
A NPDES NOI permit is necessary for any work disturbing more than one acre total. The NOI Permit can be submitted to KDHE once final plans are completed at least 60 days before starting construction.


Exhibit No. III-9-3 General Conditions
{{Note|Any Johnson County Vertical Control Network Bench Marks that will be disturbed as part of the project must be reset. The standard specification and a bid item for this work must be included in the contract documents.  These benchmark locations can be found on Johnson County [https://maps.jocogov.org/ims/'''AIMS Mapping'''] web page under the Utilities layer.}}


Exhibit No. III-9-4a  Instructions to Contractors - Option A
: [http://www.kdheks.gov/stormwater/download/9.1%20cgp%20NOI%203-2-2012.pdf '''Exhibit No. III-9a'''] ''is a NPDES NOI Permit application.''
: [http://www.kdheks.gov/stormwater/download/Cover%20Contents%20&%20Permit.pdf '''Exhibit No. III-9b'''] ''is a copy of the State of Kansas NPDES General Permit for construction.


Exhibit No. III-9-4b  Instructions to Contractors - Option B
For projects containing CARS funding, plans and specifications must be submitted to the Johnson County Director of Infrastructure for review and comment.  


Exhibit No. III-9-4c  Instructions to Contractors - Option C
{{Exhibit|III-9c.pdf|No. III-9c|is a letter from CARS accepting plans along with additional information and requirements prior to advertising project.}}


Exhibit No. III-9-5 Labor and Material Payment Bond
For KDOT projects, the electronic final plans shall be submitted to the BLP.


Exhibit No. III-9-6 Performance Bond
{{Note|''For the instructions on submitting E-Plans to BLP see the following:''


Exhibit No. III-9-7  Table of Contents
[https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/BLPDocuments/KDOTBLPEplans.pdf '''User Guide for Electronic Plans Review'''];
[https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/BLPDocuments/Eplansdocreq.pdf '''Specifications for Electronic Plans Submittal'''];
[https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/BLPDocuments/KDOT_FTP_Instructions.pdf '''FTP Instructions'''].}}


Exhibit No. III-9-8  Special Conditions
See [[media:Blp-memo-03-12.pdf|'''BLP Memo 03-12''']] regarding Engineer's Professional Seal and Signature on Plans.


Exhibit No. III-9-9 Appointment of Service Agent
See [[media:BLP-memo-06-06.pdf|'''BLP Memo 06-06''']] for a list of information that is to be submitted with the PS&E. The items shown in BLP Memo 06-06 are only required to be submitted if the project is administered (Let) by the Bureau of Local Projects. In most cases projects are administered by the City and the items shown in the above memo need not be submitted.


Exhibit No. III-9-10 List of Utilities & Status of Same
All project related state and/or federal permits must be submitted and [http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burlocalproj/Forms/1307.pdf '''Form 1307'''] completed prior to submittal of final check plans. See [[media:Blp-memo-10-08.pdf|'''BLP Memo 10-08''']].


Any additive work needs to be approved by KDOT prior to bid. Refer to Chapter [[Media:10.0 LPA-Administered Procedures 2020.pdf|'''10.0 LPA-Administered Procedures''']] of the KDOT's LPA Project Development Manual, Section 10.3.2.3.8.


City's Standard Contract Documents (for Contracts Over $50,000)
== Task No. 10 - Submit Specifications and Special Provisions ==
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Exhibit No. III-9a-1  Agreement
The Consultant/Project Engineer shall complete the Specifications and Special Provisions to the specifications that are applicable and necessary for the project.


Exhibit No. III-9a-2  Bid
Individual sections of the [https://ppm.opkansas.org/wiki/index.php?title=City_of_Overland_Park_Standard_Specifications_-_2020 '''City of Overland Park Standard Specifications'''] and [https://ppm.opkansas.org/wiki/index.php?title=Bid_item_list '''Standard Bid Items'''] are available online.


Exhibit No. III-9a-2a  Bid (KDOT Projects)
City of Overland Park Standard Specification are included by reference in the Contract Documents through the use of a Table of Contents containing links to the online documents.
This Table of Contents is to be modified to include only those specification sections that are to be part of the Contract Documents.
The modified Table of Contents, containing the chosen specification sections, is to be saved as a PDF in the Contract Documents folder of the project directory.


Exhibit No. III-9a-2b  Bid (CDBG Projects)
[[media:Table of Contents CITY OF OVERLAND PARK STANDARD SPECIFICATIONS.xlsx|'''Table of Contents CITY OF OVERLAND PARK STANDARD SPECIFICATIONS - 2020''']]


Exhibit No. III-9a-3 General Conditions
[[media:Creating Table of Contents and Project Specific Special Provisions.pdf|'''Instructions - Creating Table of Contents and Project Specific Special Provisions''']]


Exhibit No. III-9a-4a Instructions to Bidders - Option A
{{Note|Visit KDOT's web page for the latest [http://www.ksdot.org/bureaus/burConsMain/specprov/2015/2015-home.asp '''Special Provisions]'''.  The applicable Special Provisions are to be printed and included in the contract documents.}}


Exhibit No. III-9a-4b Instructions to Bidders - Option B
{{Exhibit|III-10c.pdf|No. III-10c|List of proprietary items for Traffic Signals and Street Lighting to be used in the preparation of plans and specifications.}}


Exhibit No. III-9a-4c Instructions to Bidders - Option C
Specifications for a proposed CARS project must be submitted to the Johnson County Director of Infrastructure for review and comment.


Exhibit No. III-9a-5 Insurance Options
The specifications are to be submitted with the final plans. See [[Phase_III_-_Final_Design#Task_No._9_-_Submit_Final_Check_Plans_for_Review|'''Phase III, Task No. 9''']].


Exhibit No. III-9a-6  Notice to Bidders
== Task No. 11 - Submit Contract Documents and Insurance ==
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Exhibit No. III-9a-6a Notice to Bidders (KDOT Projects)
The Project Manager shall work with the Contract Specialist to prepare the Contract Documents and determine from the insurance options, the required insurance coverage for the project. Project Manager, in the conjunction with the appropriate division manager, shall determine the amount of liquidated damages to be included in the agreement. For KDOT projects, when applicable, Contractor will provide Railroad Protection Liability Insurance for work on railroad RAV and Pollution Liability Insurance for Lead Based Paint removal projects.
All federal-aid projects are subject to legislative and regulatory DBE requirements.  During this task the appropriate DBE Goal for the project will be established. Prior to advertisement, a detailed estimate shall be submitted to the BLP for coordination with KDOT's Office of Civil Rights to determine the DBE Goal. Once the Project Development Engineer receives the DBE Goal, the City will be notified so that the DBE Goal may be updated in the proposal. The DBE Contract Goal amount established by the Civil Rights Administrator (CRA) shall be shown on the DBE Contract Goals sheet (07-19-80-R13) and included in the contract documents.


Exhibit No. III-9a-6b Notice to Bidders (CDBG Projects)
[[Preparation of Construction Bid Documents|'''Preparation of Construction Bid Documents''']]


Exhibit No. III-9a-7  Labor and Material Payment Bond
'''[[Planning Bid and Contract Award Schedules]]


Exhibit No. III-9a-8 Performance Bond
===City's Standard Contract Documents:===
{{Exhibit|05 III-11a-1 Agreement clean.docx|No. III-11a-1|Agreement}}
{{Exhibit|07 III-11a-1 Agreement-KDOT Fed funds clean 1-5-22.docx|No. III-11a-1|Agreement (KDOT Projects Only)}}
{{Exhibit|III-11a-2 Bid - use for hard copy bids.docx|No. III-11a-2|Bid (use for hard copy bids)}}
{{Exhibit|III-11a-2a Bid items (eBid).xlsx|No. III-11a-2a|Bid (use for all ebid projects)}}
{{Exhibit|III-11a-2c eBid Certification Form KDOT.docx|No. III-11a-2c|eBid Certification Form for KDOT projects}}
{{Exhibit|10 III-11a-3 General Conditions 7-5-22.docx|No. III-11a-3|General Conditions}}
{{Exhibit|III-11a-4A 1 Instructions to Bidders-Option A.docx|No. III-11a-4a_1|Instructions to Bidders - Option A}}
{{Exhibit|III-11a-4A 2 eBid- Instructions to Bidders-Opt A rev 7-5-22.docx|No. III-11a-4a_2|Instructions to  Bidders (eBid) - Option A}}
{{Exhibit|III-11a-4B 1 Instructions to Bidders-Option B.docx|No. III-11a-4b_1|Instructions to Bidders - Option B}}
{{Exhibit|III-11a-4B 2 eBid-Instructions to Bidders-Opt B rev 7-5-22.docx|No. III-11a-4b_2|Instructions to Bidders (eBid) - Option B}}
{{Exhibit|III-11a-4C 1 Instructions to Bidders-Option C.docx|No. III-11a-4c_1|Instructions to Bidders - Option C}}
{{Exhibit|III-11a-4C 2 eBid-Instructions to Bidders-Opt C rev 7-5-22.docx|No. III-11a-4c_2|Instructions to Bidders (eBid) - Option C}}
{{Exhibit|III-11a-5.docx|No. III-11a-5|Insurance Options}}
{{Exhibit|III-11a-6 Notice to Bidders (hard copy bids).docx|No. III-11a-6_1|Notice to Bidders (use for hard copy bids)}}
{{Exhibit|III-11a-6 2 ebid-Notice-to-Bidders.docx|No. III-11a-6_2|Notice to Bidders (eBid)}}
{{Exhibit|III-11a-6a Notice to Bidders KDOT.docx|No. III-11a-6a|Notice to Bidders (KDOT Projects)}}
{{Exhibit|III-11a-7 Labor and Material Payment Bond.docx|No. III-11a-7|Labor and Material Payment Bond}}
{{Exhibit|III-11a-8 Performance Bond.docx|No. III-11a-8|Performance Bond}}
{{Exhibit|III-11a-8a Maintenance Bond.docx|No. III-11a-8a|Maintenance Bond}}
{{Exhibit|III-11a-9 Statutory Bond.docx|No. III-11a-9|Statutory Bond}}
{{Exhibit|III-11a-10 Table of Contents.docx|No. III-11a-10|Table of Contents}}
{{Exhibit|III-11a-10a Table of Contents KDOT Projects 11.22.23.docx|No. III-11a-10a|Table of Contents (KDOT Projects Only)}}
{{Exhibit|III-11a-11 Appointment of Service Agent form.pdf|No. III-11a-11|Appointment of Service Agent}}
{{Exhibit|III-11a-12 Utilities-Status.docx|No. III-11a-12|List of Utilities & Status of Same}}


Exhibit No. III-9a-9  Statutory Bond
===For KDOT (Federally Funded) projects, the City’s Standard Contract Documents shall be supplemented with the following required contract provisions:===
:* '''08-10-66-R05''' - Certification - Noncollusion and History of Debarment;
:* '''04-26-90-R05''' - Limitations on Use of Federal Funds for Lobbying;
:* '''07-19-80-R13''' - DBE Contract Goals (update link on form to https://kdotapp.ksdot.gov/dbecontractorlist/);
:* '''01-01-11'''    - Tax Clearance Certificate;
:* '''08-04-92-R03''' - Contractual Services with Current Legislator or Current Legislators Firm;
:* '''11-03-80-R09''' - Requirement for Affirmative Action to Ensure EEO;
:* '''09-06-94-R01''' - Notice to Contractors - U.S. Department of Transportation Hotline;
:* '''15-01004'''    - [http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burConsMain/specprov/2015/PDF/15-01004.pdf '''Sales Tax Exemption'''];
:* '''02-01-95-R02''' - Area Practice For Johnson County Kansas;
:* '''11-15-96-R05''' - Specific Equal Employment Opportunity Contractual Requirement;
:* '''<font color="#FF0000">KS20240140</font>''' - Federal Wage Rates General Decision;[https://sam.gov/content/wage-determinations'''Prevailing Wages for Johnson County''']; 
:*      '''FHWA-1273''' - Federal-Aid Construction Contracts; <font color="#FF0000">Current Document dated 10/23/2023:</font>[https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf here]
:*      '''07-18-80-R29''' - Federal Aid Contracts Utilization of Disadvantaged Businesses;
:* '''15-PS0008''' - Revision to above document 07-18-80-R29;
:*      '''3-10-06-R01''' - Federal Aid Contracts Utilization of Disadvantaged Businesses Suppliers/Regular Dealers;
:*[http://www.dol.gov/whd/forms/wh347.pdf '''Department of Labor Payroll (Form WH-347)'''];
:*[http://www.dol.gov/whd/forms/wh347instr.htm '''Instructions for Completing WH-347.''']
:* '''15-01002''' - [http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burConsMain/specprov/2015/PDF/15-01002.pdf '''Information to Contractors (Status of Utilities)'''];
:*      [http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burlocalproj/Forms/1304.pdf '''Form 1304'''] - Status of Utilities.  (Also see [[#Task_No._8_-_Acquire_Right-of-Way_.2F_Easements_-_Submit_KDOT_Forms_1306_and_1304|'''Phase III, Task No. 8''']]);
:*      [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/Forms/1307.pdf '''Form 1307'''] - List of Permits and Status of Same. (Also see [[#Task_No._24_-_Submit_Required_Permit_Applications|'''Phase II, Task No.24''']]);
:*      '''15-01017''' - Cargo Preference Act;
:*      '''15-01018-R01''' - Control of Materials "Buy America";
See [[media:BLP-memo-10-04.pdf|'''BLP Memo 10-4''']] for a summary of requirements on federal-aid projects.


Exhibit No. III-9a-10  Table of Contents
{{Note|The list of current [https://sam.gov/content/wage-determinations '''Wage Determinations'''] is to be obtained from SAM.Gov and inserted into the Contract Documents just before advertisement of the project. The Wage Determinations shall be rechecked for modifications ten days prior to bid opening. If modifications have been made since advertisement, an addendum showing the current Wage Determinations shall be issued.}}


Exhibit No. III-9a-10a Table of Contents (KDOT Projects Only)
The above described supplemental documents/certifications shall be placed in the Contract Documents after the Bid sheets. A majority of the above documents can be found on the KDOT's list of [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burConsMain/specprov/2015/PDF/15-required1-1.pdf '''Required Contract Specifications for Local Authority Let Projects''']. The others can be found by following the web link next to the document in the list.


Exhibit No. III-9a-10b  Table of Contents (CDBG Projects Only)
{{SpecialNote|KDOT will not participate in the present City requirement of Contractor responsibility for repair for two years subsequent to the completion date or for Johnson County Wastewater District work that is part of a project. The City will provide a bid item in the contract whereby KDOT will not participate financially in these project cost items.}}


Exhibit No. III-9a-11  Special Conditions
<br>


Exhibit No. III-9a-12 Appointment of Service Agent
{{Note2|For projects with other funding sources such as KDOT, CARS, SMAC, and/or OTHER CITY, the City’s special conditions shall be supplemented with the funding sources insurance requirements and additional indemnification provisions.  Refer to executed agreements for requirements.}}


Exhibit No. III-9a-13 List of Utilities & Status of Same


See [[Contract Documents for CDBG Projects|'''Contract Documents for CDBG Projects''']] for additional information regarding CDBG funded projects.


For CDBG projects, the City’s Standard Contract Documents shall be supplemented with the following:
== Task No. 12 - Prepare Engineer’s Cost Estimate ==
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Certification Regarding Debarment, Suspension &  Other Responsibility Matters (2 pages) debarment
The Consultant/Project Manager shall prepare the Engineer’s Cost Estimate.
Certification Regarding Lobbying (1 page) lobbying
Equal Employment Opportunity Certification (2 pages) eeoc
Section 3 Clause (2 pages) Section 3 Clause
Nondiscrimination (5 pages) non-discrimination
Federal Labor Standards Provisions (4 pages) federal labor standards provisions
List of Prevailing Wages for Johnson County.  Note: The list of current Wage Determinations is to be obtained from KDOT and inserted into the Contract Documents just before advertisement of the project. The Wage Determinations shall be rechecked for modifications ten (10) days prior to bid opening. If modifications have been made since advertisement, an addendum showing the current Wage Determinations shall be issued.  If a contract has been awarded but construction has not yet begun within 90 days of the award, the City must determine if any modificiations have been issued to the wage decision.  If so, a Change Order shall be prepared in order that the contractor adhere to the modified wage decision.  See http://www.ksdot.org/burconsmain/ppreq/wagedet.asp


Department of Labor Payroll Form (WH-347) and Instructions for Completing form WH-347 U.S. Department of Labor Web Link.
{{Note
|Engineer's Estimate shall be stamped and signed by the engineer of record.}}


Statement of Compliance, Form WH-348 (3 pages) statement of compliance
::[[Media:Engineer's Cost Estimate Final Plans.pdf|'''Exhibit No. III-12''']] ''is an example of signed Engineer's Cost Estimate''.


Record of Employee Interview (1 page) Form HUD-11
For more information see KDOT's [[Media:2020 LPA Manual.pdf|'''LPA Project Development Manual''']].
Notice To All Employees (2 pages) notice to all employees
Standards of Conduct (2 pages) standards of conduct
CDBG Checklist Prior to Contract Award. Do not insert in the contract documents -- it is for staff use only. checklist


Conflict of Interest Certification.  Do not insert in the contract documents -- it is for staff use only. conflict of interest
== '''Task No. 13 - Prepare Design Summary Document''' ==
The Design Summary Document must include the Engineer's Cost Estimate and the proposed DBE goal so that KDOT can review it before the project is let.  The project cannot be obligated (funded) until the Design Summary Document is completed. In addition, the project cannot be advertised until the project has been obligated by KDOT.  The Design Summary Document should be included as an attachment to the Request Obligation of Funds in [[Phase_III_-_Final_Design#Task_No._14_-_Submit_PS&E_Package|'''Phase III, Task No. 14.''']].


For KDOT (Federally Funded) projects, the City’s Standard Contract Documents shall be supplemented with the following: 
::[[Media:III-13a design summary document.pdf|'''Exhibit No. III-13a''']] ''is an example of the Design Summary Document''.


Required Contract Provision (FHWA-1273): Federal-Aid Construction Contracts (18 pages)
Additional information necessary to complete Design Summary Document can be found in the Design Summary Document with FHWA Concurrence sent from BLP and included in [[Phase_III_-_Final_Design#Task_No._4_-_Complete_NEPA_Documentation|'''Phase III, Task No. 4''']]


Required Contract Provision (07-18-80-R25): Federal Aid Contracts Utilization of Disadvantaged Businesses (10 pages)
== '''Task No. 14 - Submit PS&E Package''' ==
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Required Contract Provision (03-10-06): Federal Aid Contracts Utilization of Disadvantaged Businesses Suppliers/Regular Dealers (1 page)  
The City will submit to the BLP all necessary documentation for the Plans, Specifications and Estimate (PS&E) approval. The PS&E Package will include completed plans, project specifications and bid documents, engineer's estimate of probable cost, KDOT Forms [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/Forms/1306.pdf '''1306'''], [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/Forms/1304.pdf '''1304'''], [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/Forms/1307.pdf '''1307'''], all required permits and the Design Summary Document certifying compliance with appropriate criteria. The PS&E Package shall be submitted to the BLP electronically via the FTP site a minimum 30 days prior to desired advertisement date. (See [http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burlocalproj/BLPDocuments/KDOT_FTP_Instructions.pdf '''FTP Instructions''']).


Required Contract Provision (07-19-80-R11): DBE Contract Goals (1 page). See BLP Memo 04-07 for establishing goal amount.
The email shall be sent to <u>''kdot.[email protected]''</u> and copied to the BLP's Project Manager notifying them of uploaded PS&E Package and requesting the Authorization of obligation of federal funds for the project.


Required Contract Provision (11-15-96-R4): Equal Employment Opportunity Contractual Requirement (7 pages)
::[[Media:III-14 Request for Obligation.pdf|'''Exhibit No. III-14''']] ''is an example email requesting Obligation of Funds''


Required Contract Provision (11-03-80-R8): Requirement for Affirmative Action to Ensure EEO (3 pages)
== '''Task No. 15 - PS&E Review''' ==
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Required Contract Provision:(08-04-92-R3): Certification Contractual Services w/ Current Legislator or Legislator’s Firm (1 page)
Upon receipt of the PS&E package, BLP will review the documents to confirm that the project complies with federal aid eligibility requirements.


Required Contract Provision (04-26-90-R4): Declaration Limitations on Use of Federal Funds for Lobbying (2 pages)
KDOT Forms [[Media:1306 modified.pdf| '''1306''']] and [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/Forms/1304.pdf '''1304'''] will be distributed to the project development engineer in BLP for processing. (See note in [[Phase_III_-_Final_Design#Task_No._17_-_Complete_Utility_Relocations|'''Task No. 17''']] regarding Form 1306).


Required Contract Provision (08-10-66-R5): Certification Noncollusion and History of Debarment (1 page)
The construction cost estimate will be distributed to the Program Consultant in KDOT's Office of Civil Rights to determine the DBE Goal. Once the Project Development Engineer receives the DBE Goal, the City will be notified so that the DBE Goal may be updated in the proposal. See [[Phase_III_-_Final_Design#Task_No._11_-_Submit_Contract_Documents_and_Insurance|'''Phase III, Task No. 11''']] for additional information regarding coordination of a DBE Goal.


Required Contract Provision (02-01-95-R2): Area Practice For Johnson County Kansas (4 pages)
The Project Development Engineer will review the City's documents to verify that all required specifications are included. For a current list of federally-required specifications go to KDOT's [http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burConsMain/specprov/2015/PDF/15-required1.pdf '''Required Contract Specifications for Local Authority Let Projects'''].
The bid items on the plans and the bid documents will be compared with the estimate for accuracy.


Notice to Contractors (09-06-94-R1): U.S. Department of Transportation Hotline, To Report Bid Rigging Activities (1 page)
The Project Development Engineer will contact the City for any clarification or modifications needed to the plans or other submitted documents.


Notice to Contractors (07-19-07): Buy American Materials (1 page). See BLP Memo 10-4 for a summary of requirements on federal-aid projects.
== Task No. 16 - Schedule Fourth Utility Meeting ==
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KDOT Special Provision (07-01004): Sales Tax Exemption (1 page) KDOT Web Link
Subsequent to completing plans, Specifications and Contract Documents, the Consultant/Project Manager shall schedule the fourth utility meeting.  The primary purpose of this meeting is to receive a status report regarding utility facility relocations, adjustments and agreements. Based upon this information, a tentative bid opening date can be established.


KDOT Special Provision (07-01002): Information to Contractors as to Status of Utilities (1 page) KDOT Web Link
{{Note|When scheduling utility meeting in Google calendar, in order to avoid conflicts with other utility meetings, CH-PW Utilities (found under Rooms tab) shall be "invited" as an attendee to all meetings, pre-bid conferences and pre-construction conferences or any meetings that require utility company attendance.}}


Form 1304: List of Utilities & Status of Same (pages vary) KDOT Web Link (also see Phase III, Task No. 6)
See [[Phase_II_-_Preliminary Design#Task_No._7_-_Initiate_Utility_Coordination._Schedule_Utility_Meeting_(optional) |'''Phase II, Task No. 7''']] for exhibits.


Department of Labor Payroll Form (WH-347) and Instructions for Completing (6 pages) U.S. Department of Labor Web Link
== Task No. 17 - Complete Utility Relocations ==
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List of Prevailing Wages for Johnson County. Note: The list of current Wage Determinations is to be obtained from KDOT and inserted into the Contract Documents just before advertisement of the project. The Wage Determinations shall be rechecked for modifications ten days prior to bid opening. If modifications have been made since advertisement an addendum showing the current Wage Determinations shall be issued. See http://www.ksdot.org/burconsmain/ppreq/wagedet.asp
Submit KDOT Forms [[Media:1306 modified.pdf| '''1306''']] (see note below) and [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/Forms/1304.pdf '''1304''']  - The Project Manager shall advise the City Engineer when all utilities, that are practical to be moved or adjusted prior to construction, have been moved/adjusted. If any utility relocations are not complete by the bid letting, the current status should be reflected on Form 1304, included with the bid documents.


The above described supplemental documents/certifications shall be placed in the Contract Documents after the Bid sheets. A majority of the above documents can be found at: http://www.ksdot.org/burConsMain/specprov/2007/pdf/07-required.pdf.  The others can be found by following the web link next to the document in the list. Each of these documents shall be numbered according to the Contract Documents Table of Contents.
For KDOT projects, Forms 1306 and 1304 shall be forwarded to the BLP.


Special Note: KDOT will not participate in the present City requirement of Contractor responsibility for repair for two years subsequent to the completion date or for Johnson County Wastewater District work that is part of a project. The City will provide a bid item in the contract whereby KDOT will not participate financially in these project cost items.
{{Note|[[Media:1306 modified.pdf| '''1306''']] must be completed and returned to BLP on all projects even if no rights of way are being acquired.
::The Consultant/Project Manager shall verify that it's current KDOT's version.}}


Special Note: For projects with other funding sources such as KDOT, CARS, SMAC, and/or OTHER CITY, the City’s special conditions shall be supplemented with the funding sources insurance requirements and additional indemnification provisions.  Refer to executed agreements for requirements.
Refer to Chapter [[Media:8.0 Status of Utilities 2020.pdf|'''8.0 Status of Utilities''']] of KDOT's '''LPA Project Development Manual''' for additional information on utility relocation.


== Task No. 18 - Schedule Optional Public Information Meeting ==
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When final plans are complete, the third public information meeting may be scheduled. This meeting is optional. The primary purpose of this meeting is to present the final plans, hear citizens comments and questions and present the anticipated bid opening date.  For KDOT projects the Notice of Public Information Meeting must be published in [http://www.kssos.org/pubs/pubs_kansas_register.asp '''Kansas Register'''] and [http://www.thelegalrecord.net '''The Legal Record'''].
:See [[Phase_II_-_Preliminary_Design#Task_No._15_-_Schedule_First_Public_Information_Meeting|'''Phase II, Task No. 15''']] for list of invitees.


== Task No. 10 - Schedule Fourth Utility Meeting ==
:See [[Phase_II_-_Preliminary_Design#Task_No._36_-_Schedule_Second_Public_Information_Meeting|'''Phase II, Task No. 36''']] for exhibits.
Subsequent to completing plans, Specifications and Contract Documents, the Consultant/Project Manager shall schedule the fourth utility meeting.  The primary purpose of this meeting is to receive a status report regarding utility facility relocations, adjustments and agreements. Based upon this information, a tentative bid opening date can be established.  
{{Note|This and all subsequent Public Information Meeting notices should ask if participants need a language interpreter or a hearing assistance device and a phone number. All meeting rooms shall be ADA accessible.  The KDOT's Equal Opportunity and Civil Rights Information brochure in [[Media:Title VI Brochure English.pdf|'''English''']] and [[Media:Title VI Brochure Spanish.pdf|'''Spanish''']] is to be made available at all public meetings.}}


''Note:  In an effort to avoid scheduling conflicts with other called utility meetings an Outlook calendar has been created called PW Utilities. PW Utilities shall be invited as an attendee to all utility meetings, pre-bid conferences and pre-construction conferences or any meeting requesting utility company attendance.''
For those who wish to use a Blue Valley School District facility for the public meeting, an on-line [https://district.bluevalleyk12.org/Community/Pages/FacilityRental.aspx '''Facility Rental Reservation Request'''] is available. Once the request is submitted, the BVSD Facility Scheduling Office will send a confirmation if the requested space is available.


See Phase II, Task No. 9 for exhibits.
== '''Task No. 19 - Receive Obligation of Funds from KDOT''' ==
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== Task No. 11 - Complete Utility Relocations ==
After PS&E plans and documents have been approved by BLP, KDOT program and project management will request FHWA to obligate the project's federal funds.
Submit KDOT Form No. 1306 and 1304 - The Project Manager shall advise the City Engineer when all utilities, that are practical to be moved or adjusted prior to construction, have been completed. For KDOT projects, Form No. 1306 and 1304 shall be forwarded to the BLP. See Phase III, Task No. 6 for forms.
Once funds have been obligated, the BLP PM will submit the Authority to Administer the project for approval by the BLP Bureau Chief.


Once the Authority to Administer has been approved, it will be submitted to the City via electronic memo (Authority to Bid) by email. The City shall advertise the project for a minimum of 30 days.


== Task No. 12 - Complete Environmental Process by KDOT ==
:[[Media:III-19 Obligation of Funds Authority to Admin.pdf|'''Exhibit No. III-19''']] ''is an example letter from KDOT approving Obligation of Funds and authorization to bid the contract''.
Once the City receives The Status of Project Environment Concerns (Final) from KDOT's Environmental Services Section the City shall obtain all required environmental permits. All environmental permit applications, correspondence and issued permits shall be packaged together in the project files for easy retrieval. Environmental Permits required to be on site during construction and permits, environmental or otherwise, obtained by the contractor shall be packaged together in the Stormwater Pollution Prevention Plan (SWPPP) booklet.  The SWPPP booklet shall be on site at all times once construction begins.


{{Note|This task is tracked by KDOT. The Project Engineer shall ensure this task is complete.}}


== Task No. 13 - Schedule Third Public Information Meeting ==
== Task No. 20 - Obtain City Department Approval ==
When final plans are complete, the third public information meeting may be scheduled. This meeting is optional. The primary purpose of this meeting is to present the final plans, hear citizens comments and questions and present the anticipated bid opening date.  For KDOT projects the Notice of Public Information Meeting must be published in the Kansas Register and Overland Park Sun.
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See Phase II, Task No. 17 for list of invites.


See Phase II, Task No. 35 for exhibits.
== Task No. 14- Submit the Engineer’s Cost Estimate ==
The Consultant/Project Manager shall prepare the Engineer’s Cost Estimate.
== Task No. 15 - Obtain City Department Approval ==
The Project Manager shall obtain the appropriate Division Head signature on the plan title sheet.
The Project Manager shall obtain the appropriate Division Head signature on the plan title sheet.


== Task No. 21 - Obtain Agency Plan Approvals ==
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== Task No. 16 - Prepare Design Summary Document ==
The Project Manager shall determine if other agency plan approvals are necessary.  
The Design Summary Document must include the Engineer's Cost Estimate and the proposed DBE goal so that KDOT can review it before the project is let.  The project cannot be obligated (funded) until the Design Summary Document is completed. In addition, the project cannot be advertised until the project has been obligated by KDOT.  The Design Summary Document should be included as an attachment to the Request Obligation of Funds in Phase III, Task No. 18.
Exhibit No. III-16a is the KDOT "Design Summary Document" form.


Exhibit No. III-16b is an example of a completed KDOT "Design Summary Document".
KDOT will require the final approved plans prior to obligation of funds. If there is other city, county or state funding, other agency's approval will usually be required, or as stipulated in the agreements. The appropriate official's name and title shall be placed on the plan title sheet.


{{Note|For KDOT Projects this task is tracked by KDOT. The Project Engineer shall ensure this task is complete.}}


== Task No. 17- Obtain Agency Plan Approvals ==
== '''Task No. 22 - Confirm Construction Engineering Responsibility''' ==
The Project Manager shall determine if other agency plan approvals are necessary. If there is other city, Johnson County or state funding (KDOT), other agency approvals will usually be required. This is usually stipulated in the agreements. The appropriate official name and title shall be placed on the plan title sheet.
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NOTE:  For KDOT Projects this task is tracked by KDOT see Exhibit No. II-16.  The Project Engineer shall ensure this task is complete.
 
 
== Task No. 18 - Request / Receive Obligation of Funds from KDOT ==
The City Engineer/City Traffic Engineer shall request obligation of funds from KDOT-BLP for KDOT administered federally-funded projects.  Included in the request, the city is required to submit the total actual cost paid for the non-participating, pre-construction activities.  (See BLP Memo 99-11)  These activities are as follows:
Preliminary Engineering (P.E.) - Include only the actual payments made to the consultant.  If the City performed its own Preliminary Engineering, include the City direct cost plus overhead.
Rights of Way (R/W) - Include only the total actual payments made to landowners.
Utility Adjustments (Util.) - Include only the total actual payments made to utility companies for adjustments to utilities located on private easement.
Exhibit No. III-18a is an example letter requesting Obligation of Funds.
 
After the Secretary of Transportation and State Transportation Engineer approve the plans, specifications, and estimate and FHWA approves the obligation of funds for the project, KDOT-BLP will authorize the City to take bids for the contract.
 
Exhibit No. III-18b is an example letter from KDOT approving Obligation of Funds and authorization to bid the contract.
 
NOTE:  This task is tracked by KDOT see Exhibit No. II-16.  The Project Engineer shall ensure this task is complete.
 
 
== Task No. 19 - Confirm Construction Engineering Responsibility ==
The Project Manager in consultation with the City Engineer/City Traffic Engineer will determine whether construction engineering responsibilities will be handled by the City Staff or use a private consulting engineer.  For KDOT projects a proposal must be submitted to KDOT requesting that KDOT prepare an Agreement for the performance of the construction engineering services.  The City will determine whether or not to request for reimbursement for construction engineering services based on the estimated construction cost and KDOT funding cap amount.  If this service is to be performed by City Staff, KDOT – BLP must be informed of the City’s decision whether to utilize federal funds for the construction engineering as soon as possible but no later than 6 – 8 weeks prior to the day of the scheduled letting.
Exhibit No. III-19a is a Proposal For Construction Engineering Services.


Exhibit No. III-19b is an example of "Exhibit A" referred to in the above Proposal for Construction Engineering Services.
The Project Manager in consultation with the City Engineer/City Traffic Engineer will determine whether construction engineering responsibilities will be handled by the City Staff or use a private consulting engineer.  For KDOT projects a proposal must be submitted to KDOT requesting that KDOT prepare an Agreement for the performance of the construction engineering services.  The City will determine whether or not to request reimbursement for construction engineering services based on the estimated construction cost and KDOT funding cap amount.  If this service is to be performed by City Staff, KDOT – BLP must be informed of the City’s decision whether to utilize federal funds for the construction engineering as soon as possible but no later than 6 – 8 weeks prior to the day of the scheduled letting.
{{Exhibit|Proposal for Construction Engineering Services.docx|No. III-22a|is a Proposal For Construction Engineering Services.}}
{{Exhibit|III-22b.pdf|No. III-22b|is an example of "Exhibit A" referred to in the above Proposal for Construction Engineering Services.}}


If this service is to be performed by a private consulting engineer and the City does not desire federal participation in the cost of the construction engineering services for the project, City Resolution No. 2615 will be applicable. See Phase II, Task No. 3-4.  KDOT - BLP needs to be notified 3-4 months prior to the day of the scheduled letting.
If this service is to be performed by a private consulting engineer and the City does not desire federal participation in the cost of the construction engineering services for the project, the [http://online.encodeplus.com/regs/overlandpark-ks-gbp/doc-viewer.aspx#secid-103 '''Resolution No. 4550'''] will be applicable. See [[Phase_II_-_Preliminary_Design#Task_No._3_-_Consultant_Selection/Certification|'''Phase II, Task No. 3''']].  KDOT - BLP needs to be notified 3-4 months prior to the day of the scheduled letting.


If this service is to be performed by a private consulting engineer and the City does desire federal participation in the cost of the construction engineering services for the project, the "Consultant Selection Guide for Construction Engineering on LPA Projects" shall be followed.  Contact KDOT - BLP for the current pre-qualified Consultant List for Construction Engineering.  KDOT - BLP needs to be notified 3-4 months prior to the day of the scheduled letting.
If this service is to be performed by a private consulting engineer and the City does desire federal participation in the cost of the construction engineering services for the project, the "Consultant Selection Guide for Construction Engineering on LPA Projects" shall be followed.  Contact KDOT - BLP for the current pre-qualified Consultant List for Construction Engineering.  KDOT - BLP needs to be notified 3-4 months prior to the day of the scheduled letting.
{{Exhibit|Consultant Selection Guide 2019.pdf|No. III-22c|is the "Consultant Selection Guide for Construction Engineering on LPA Projects".}}
{{Exhibit|III-22d.pdf|No. III-22d|is a Force Account Equipment Rate Table.}}
{{Exhibit|III-22e.pdf|No. III-22e|is a letter from BLP accepting overhead rate.}}
{{Exhibit|III-22f.pdf|No. III-22f|is a "Example Billing" for reimbursement of Construction Engineering Services.}}


For more information see Chapter [[Media:11.0 CE Consultant Selection and Agreement 2020.pdf|'''11.0 Construction Engineering (CE) Consultant Selection and Agreement''']] of KDOT's LPA Project Development Manual.
 
Exhibit No. III-19c is the "Consultant Selection Guide for Construction Engineering on LPA Projects".
 
Exhibit No. III-19d is a Force Account Equipment Rate Table.
 
Exhibit No. III-19e is a letter from BLP accepting overhead rate.  


Exhibit No. III-19f is a "Example Billing" for reimbursement of Construction Engineering Services.
== [[:Category:Phase III Exhibits|All Phase III Exhibits]] ==

Latest revision as of 13:48, 22 August 2024

Home I-Vision II-Preliminary Design III-Final Design IV-Pre-Construction V-Construction VI-Retrospect

Introduction

During this phase-plans, specifications and contract documents are finalized. Condemnation, if required to obtain R/W or easements, is completed.

Utility relocations, that are practical and reasonable to accomplish, occurs during this phase, prior to beginning construction.

Environmental studies/concerns are addressed and resolved. Also, other agency approvals are received subsequent to final plan review.

Phase III Checklist

Task No. 1 - Schedule Third Utility Meeting

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When the plans are approximately 80 percent complete or at the stage where the horizontal and vertical alignments and the storm sewer profiles have been approved, the third utility meeting will be scheduled by the Consultant/Project Manager. A pre-meeting agenda shall be distributed and meeting minutes prepared.

GeekNotesIcon.png Note: When scheduling utility meeting in Google calendar, in order to avoid conflicts with other utility meetings, CH-PW Utilities (found under Rooms tab) shall be "invited" as an attendee to all meetings, pre-bid conferences and pre-construction conferences or any meetings that require utility company attendance.

See Phase II, Task No. 7 for exhibits.

The primary purpose of this meeting is to confirm what utilities need to be relocated, and establish if the facility is located in public R/W / easements or private easements. Determine whether Evergy streetlights are to be removed and replaced with City streetlights. Also, the project schedule will be reviewed and a time frame for relocating utility facilities will be addressed. If utilities requiring relocation are in private easements the project manager shall request relocation plans, a detailed cost estimate of relocations, a relocation schedule, a marked-up set of plan sheets highlighting existing utility locations, existing easement locations with book and page, and copies of easement documents.

Refer to the City's Utility Relocation Guidelines for all relocation planning.

See Plan Submission Requirement for Right-of-Way Permits for additional information.

If streetlights, that were formerly owned by Evergy, are to be removed, prepare a letter to Black & McDonald requesting a proposal for removal costs. This is generally only applicable to Neighborhood Street Reconstruction projects, CDBG projects and Streetlighting projects.

Exhibit No. III-1a is the Streetlighting Removal Procedure
Exhibit No. III-1b is a sample letter to Black & McDonald requesting the proposal for streetlights removal
Exhibit No. III-1c is a sample proposal letter from Black & McDonald
Exhibit No. III-1d is a sample Release to Construction letter to Black & McDonald
Exhibit No. III-1e is a sample Do Not Release to Construction letter to Black & McDonald
Exhibit No. III-1f is a sample Removal Notification letter Evergy

Task No. 2 - Execute Utility Agreements

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If documentation is confirmed that utilities to be relocated are in private easements, the Project Manager shall receive an agreement, forward it to the law department for review/approval and to the Public Works Director for approval. The Contract Specialist shall be copied on all internal correspondence.

GeekNotesIcon.png Note: The City does not pay for utility relocations in platted public easements.
Exhibit No. III-2a is a sample utility agreement for Evergy
Exhibit No. III-2b is a sample utility agreement for Water District No. 1 of Johnson County
Exhibit No. III-2c is a sample utility agreement for Atmos Energy Corporation
Exhibit No. III-2d is a sample utility agreement for Magellan Pipeline Company
Exhibit No. III-2e is a sample sanitary sewer line crossing agreement
Exhibit No. III-2f is a relocation agreement for Kansas Gas Service.

Task No. 3 - Complete Environmental Process

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Once the City receives The Status of Project Environment Concerns (Final) from KDOT's Environmental Services Section the City shall obtain all required environmental permits. All environmental permit applications, correspondence and issued permits shall be packaged together in the project files for easy retrieval. Environmental Permits required to be on site during construction.

A Storm Water Pollution and Prevention Plan (SWPPP) must be prepared by the project team. All permits, environmental or otherwise, obtained by the contractor shall be packaged together in SWPPP booklet and shall be on site at all times once construction begins. For more information refer to Chapter 4.0 Environmental of KDOT's LPA Project Development Manual.

See SWPPP Template for assembling the SWPPP notebook.

Task No. 4 - Complete NEPA Documentation

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The preliminary Environmental Classification deemed appropriate in accordance with 23CFR771 will be indicated on the KDOT Form 883. As the project design proceeds, more information becomes available that may, in some cases, cause a revision in the Environmental Classification of the project. Final determination of the environmental class will determine the type of documentation that will be required for the project.

If an Environmental Impact Statement or an Environmental Assessment is determined to be the appropriate document, it will be the responsibility of the City and its consultant to prepare the document with coordination from KDOT and FHWA.

If the project is determined to be a categorical exclusion, the Design Summary Document transmitted by KDOT will be the documentation. KDOT will prepare the Design Summary Document for FHWA concurrence. Once concurrence is received from FHWA, the KDOT's Local Road Engineer will forward it to the City.

Exhibit No. III-4 is an example of the Design Summary Document with FHWA concurrence

For more information refer to Chapter 4.0 Environmental of KDOT's LPA Project Development Manual.

Task No. 5 - Begin Right-of-Way / Easement Negotiations

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Subsequent to receiving the appraisal report/estimate of just compensation, the Project Manager will begin the negotiation process.

See FHWA's Real Estate Acquisition Guide For Local Public Agencies for information that will be necessary when a project is started that requires the acquisition of real estate and receives any Federal funding.

For KDOT projects, the process shall be in accordance with KDOT's LPA Project Development Manual. When federal funding is involved KDOT's Design Summary Document and environmental approval from FHWA must be received from KDOT BLP prior to proceeding with right-of-way negotiations.

Engineering (development of property descriptions and deeds) and appraisal of tracts to be acquired on a project may begin at any time after the limits of the project's right-of-way needs has been established. These efforts should begin early enough in the project development process to allow sufficient time for acquisition and, if necessary, eminent domain procedures. Negotiations with the property owners and offer of compensation should not occur until completion of NEPA documentation since changes in the project design may become necessary as a result of the NEPA process.

No right-of-way acquisition may begin until after Section 4(f), Section 6(f), or Section 106 activities have been completed. BLP will transmit a copy of the FHWA concurrence in the NEPA document and copies of the appropriate ROW forms when the NEPA review has been completed. Early acquisition (acquisition prior to completion of the NEPA document) may be approved for individual properties when it is determined to be in the public's and/or property owner's best interest. A written request for early acquisition shall be submitted to BLP that identifies the specific property and includes an explanation of why early acquisition as being requested.

KDOT's LPA Project Development Manual describes R/W Acquisition Policies with the following attachments/information:

  • Procedures for R/W Acquisition on simple projects;
  • Certification of Real Property Acquisition procedures;
  • City offer to purchase Statement of Compensation;
  • Partial donation of R/W;
  • Donation of R/W;
  • Value Finding Appraisal;

The Project Manager or the appraiser must invite the property owner or owner's designated representative to accompany the appraiser during the inspection of the property.

For additional information see "Real Property Acquisition for Kansas Highways, Roads, Streets and Bridges".

For Federal Regulations regarding Relocation Assistance and Real Property Acquisition see 49CFR24.

Exhibit No. III-5a is the Real Property Acquisition Checklist.
Exhibit No. III-5b is a sample Letter from Appraiser to Property Owner. (to be replaced with better example when available)
Exhibit No. III-5c is a sample Acquisition Notes. A log of owner contact should be kept for each owner.
Exhibit No. III-5d is the City's standard Mortgage Release for Individuals.
Exhibit No. III-5e is the City's standard Mortgage Release for Corporations.
Exhibit No. II-34i is a copy of Appraisal Review form.

The City's standard Easement Acquisition Agreement will be completed along with the negotiated right-of-way and easement documents.

A mortgage release shall be obtained if the value of acquisition exceeds $50,000.

For more information see Chapter 7.0 Right of Way of KDOT's LPA Project Development Manual.

Task No. 6 - Begin Condemnation Process

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For tracts that cannot be acquired by negotiation, the Law Department shall file documents to begin the Condemnation Process.

Exhibit No. III-6 is an example transmittal memo to the City Clerk for filing of the condemnation documents.

Task No. 7 - Complete Condemnation Process

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Once the Appraisers Report and Statement of Appraisers Fees are filed with District Court, the Law Department will route the Appraisers Report and Statement of Appraisers Fees along with the check requests for signatures by the City Attorney and Director of Public Works. Once the check requests are signed, they will be provided to Finance with a request to route the checks to the Law Department. The Law Department will forward the payment to the District Court and receive a receipt of payment. Law Department will provide Public Works with a copy of the receipt. Once the payment is received by District Court, the easements belong to the City. If property owners contact the City for their payment, they should be directed to collect their award from the Clerk of the District Court of Johnson County.

The Law Department will also obtain a certified copy of the Appraisers Report and forward it to the Contract Specialist. Contract Specialist will file this copy with Johnson County Records and Tax Department. Once a file-stamped copy is received, the Contract Specialist will provide a copy to Law and to the technician who maintains the easements.

Task No. 8 - Acquire Right-of-Way / Easements - Submit KDOT Forms 1306 and 1304

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For KDOT projects, forms 1306 (see note below) and 1304 are required.

Refer to Chapter 8.0 Status of Utilities of KDOT's LPA Project Development Manual for additional information on utility relocation.

KDOT Form 1306 is Certification By the City to the Kansas Department of Transportation of Real Property Acquisition Procedures and Utility Arrangements. (KDOT Form 1306 combines and replaces KDOT Forms 1303 and 1303A).

Refer to Chapter 7.0 Right of Way of KDOT's LPA Project Development Manual for additional information on Right of Way acquisition process.

GeekNotesIcon.png Note: Form 1306 must be completed and returned to BLP on all projects even if no rights of way are being acquired.
The Consultant/Project Manager shall verify that it is KDOT's current version.
The Overland Park note shall be added to the last page of the form (see highlighted on this example).
Exhibit No. III-8a is a memo from the U.S. Department of Transportation regarding Status of Utility and Railroad Agreements and Adjustments.
Exhibit No. III-8b is KDOT Memo B.R.U.D. 84-10 regarding Status of Utility and Railroad Agreements and Adjustments.
Exhibit No. III-8c is KDOT Form 1304 - List of Utilities & Status of Same (completed example).
Exhibit No. III-8d is KDOT Form 1306 - Certification By the City to the KDOT of Real Property Acquisition Procedures and Utility Arrangements (completed example).
GeekNotesIcon.png Note: All utilities from Phase II task 7 should be considered when completing 1304.

Task No. 9 - Submit Final Check Plans for Review

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The Consultant/Project Engineer shall complete the project plans and distribute electronically via Bluebeam session to the following:

  • all members of the Project Team (see Maintenance Plan Review Process for Maintenance Division routing),
  • City Engineer,
  • City Traffic Engineer,
  • Erosion Control Coordinator (Stormwater Section).

The Final Plan Review Checklist will be used as a review aid for final plans.

Erosion and Sediment Control plans will be prepared as part of the final plans.

A NPDES NOI permit is necessary for any work disturbing more than one acre total. The NOI Permit can be submitted to KDHE once final plans are completed at least 60 days before starting construction.

GeekNotesIcon.png Note: Any Johnson County Vertical Control Network Bench Marks that will be disturbed as part of the project must be reset. The standard specification and a bid item for this work must be included in the contract documents. These benchmark locations can be found on Johnson County AIMS Mapping web page under the Utilities layer.
Exhibit No. III-9a is a NPDES NOI Permit application.
Exhibit No. III-9b is a copy of the State of Kansas NPDES General Permit for construction.

For projects containing CARS funding, plans and specifications must be submitted to the Johnson County Director of Infrastructure for review and comment.

Exhibit No. III-9c is a letter from CARS accepting plans along with additional information and requirements prior to advertising project.

For KDOT projects, the electronic final plans shall be submitted to the BLP.

GeekNotesIcon.png Note: For the instructions on submitting E-Plans to BLP see the following:

User Guide for Electronic Plans Review; Specifications for Electronic Plans Submittal; FTP Instructions.

See BLP Memo 03-12 regarding Engineer's Professional Seal and Signature on Plans.

See BLP Memo 06-06 for a list of information that is to be submitted with the PS&E. The items shown in BLP Memo 06-06 are only required to be submitted if the project is administered (Let) by the Bureau of Local Projects. In most cases projects are administered by the City and the items shown in the above memo need not be submitted.

All project related state and/or federal permits must be submitted and Form 1307 completed prior to submittal of final check plans. See BLP Memo 10-08.

Any additive work needs to be approved by KDOT prior to bid. Refer to Chapter 10.0 LPA-Administered Procedures of the KDOT's LPA Project Development Manual, Section 10.3.2.3.8.

Task No. 10 - Submit Specifications and Special Provisions

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The Consultant/Project Engineer shall complete the Specifications and Special Provisions to the specifications that are applicable and necessary for the project.

Individual sections of the City of Overland Park Standard Specifications and Standard Bid Items are available online.

City of Overland Park Standard Specification are included by reference in the Contract Documents through the use of a Table of Contents containing links to the online documents. This Table of Contents is to be modified to include only those specification sections that are to be part of the Contract Documents. The modified Table of Contents, containing the chosen specification sections, is to be saved as a PDF in the Contract Documents folder of the project directory.

Table of Contents CITY OF OVERLAND PARK STANDARD SPECIFICATIONS - 2020

Instructions - Creating Table of Contents and Project Specific Special Provisions

GeekNotesIcon.png Note: Visit KDOT's web page for the latest Special Provisions. The applicable Special Provisions are to be printed and included in the contract documents.
Exhibit No. III-10c List of proprietary items for Traffic Signals and Street Lighting to be used in the preparation of plans and specifications.

Specifications for a proposed CARS project must be submitted to the Johnson County Director of Infrastructure for review and comment.

The specifications are to be submitted with the final plans. See Phase III, Task No. 9.

Task No. 11 - Submit Contract Documents and Insurance

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The Project Manager shall work with the Contract Specialist to prepare the Contract Documents and determine from the insurance options, the required insurance coverage for the project. Project Manager, in the conjunction with the appropriate division manager, shall determine the amount of liquidated damages to be included in the agreement. For KDOT projects, when applicable, Contractor will provide Railroad Protection Liability Insurance for work on railroad RAV and Pollution Liability Insurance for Lead Based Paint removal projects.

All federal-aid projects are subject to legislative and regulatory DBE requirements. During this task the appropriate DBE Goal for the project will be established. Prior to advertisement, a detailed estimate shall be submitted to the BLP for coordination with KDOT's Office of Civil Rights to determine the DBE Goal. Once the Project Development Engineer receives the DBE Goal, the City will be notified so that the DBE Goal may be updated in the proposal. The DBE Contract Goal amount established by the Civil Rights Administrator (CRA) shall be shown on the DBE Contract Goals sheet (07-19-80-R13) and included in the contract documents.

Preparation of Construction Bid Documents

Planning Bid and Contract Award Schedules

City's Standard Contract Documents:

Exhibit No. III-11a-1 Agreement
Exhibit No. III-11a-1 Agreement (KDOT Projects Only)
Exhibit No. III-11a-2 Bid (use for hard copy bids)
Exhibit No. III-11a-2a Bid (use for all ebid projects)
Exhibit No. III-11a-2c eBid Certification Form for KDOT projects
Exhibit No. III-11a-3 General Conditions
Exhibit No. III-11a-4a_1 Instructions to Bidders - Option A
Exhibit No. III-11a-4a_2 Instructions to Bidders (eBid) - Option A
Exhibit No. III-11a-4b_1 Instructions to Bidders - Option B
Exhibit No. III-11a-4b_2 Instructions to Bidders (eBid) - Option B
Exhibit No. III-11a-4c_1 Instructions to Bidders - Option C
Exhibit No. III-11a-4c_2 Instructions to Bidders (eBid) - Option C
Exhibit No. III-11a-5 Insurance Options
Exhibit No. III-11a-6_1 Notice to Bidders (use for hard copy bids)
Exhibit No. III-11a-6_2 Notice to Bidders (eBid)
Exhibit No. III-11a-6a Notice to Bidders (KDOT Projects)
Exhibit No. III-11a-7 Labor and Material Payment Bond
Exhibit No. III-11a-8 Performance Bond
Exhibit No. III-11a-8a Maintenance Bond
Exhibit No. III-11a-9 Statutory Bond
Exhibit No. III-11a-10 Table of Contents
Exhibit No. III-11a-10a Table of Contents (KDOT Projects Only)
Exhibit No. III-11a-11 Appointment of Service Agent
Exhibit No. III-11a-12 List of Utilities & Status of Same

For KDOT (Federally Funded) projects, the City’s Standard Contract Documents shall be supplemented with the following required contract provisions:

  • 08-10-66-R05 - Certification - Noncollusion and History of Debarment;
  • 04-26-90-R05 - Limitations on Use of Federal Funds for Lobbying;
  • 07-19-80-R13 - DBE Contract Goals (update link on form to https://kdotapp.ksdot.gov/dbecontractorlist/);
  • 01-01-11 - Tax Clearance Certificate;
  • 08-04-92-R03 - Contractual Services with Current Legislator or Current Legislators Firm;
  • 11-03-80-R09 - Requirement for Affirmative Action to Ensure EEO;
  • 09-06-94-R01 - Notice to Contractors - U.S. Department of Transportation Hotline;
  • 15-01004 - Sales Tax Exemption;
  • 02-01-95-R02 - Area Practice For Johnson County Kansas;
  • 11-15-96-R05 - Specific Equal Employment Opportunity Contractual Requirement;
  • KS20240140 - Federal Wage Rates General Decision;Prevailing Wages for Johnson County;
  • FHWA-1273 - Federal-Aid Construction Contracts; Current Document dated 10/23/2023:here
  • 07-18-80-R29 - Federal Aid Contracts Utilization of Disadvantaged Businesses;
  • 15-PS0008 - Revision to above document 07-18-80-R29;
  • 3-10-06-R01 - Federal Aid Contracts Utilization of Disadvantaged Businesses Suppliers/Regular Dealers;
  • Department of Labor Payroll (Form WH-347);
  • Instructions for Completing WH-347.
  • 15-01002 - Information to Contractors (Status of Utilities);
  • Form 1304 - Status of Utilities. (Also see Phase III, Task No. 8);
  • Form 1307 - List of Permits and Status of Same. (Also see Phase II, Task No.24);
  • 15-01017 - Cargo Preference Act;
  • 15-01018-R01 - Control of Materials "Buy America";

See BLP Memo 10-4 for a summary of requirements on federal-aid projects.

GeekNotesIcon.png Note: The list of current Wage Determinations is to be obtained from SAM.Gov and inserted into the Contract Documents just before advertisement of the project. The Wage Determinations shall be rechecked for modifications ten days prior to bid opening. If modifications have been made since advertisement, an addendum showing the current Wage Determinations shall be issued.

The above described supplemental documents/certifications shall be placed in the Contract Documents after the Bid sheets. A majority of the above documents can be found on the KDOT's list of Required Contract Specifications for Local Authority Let Projects. The others can be found by following the web link next to the document in the list.

Attention.jpg Special Note: KDOT will not participate in the present City requirement of Contractor responsibility for repair for two years subsequent to the completion date or for Johnson County Wastewater District work that is part of a project. The City will provide a bid item in the contract whereby KDOT will not participate financially in these project cost items.


GeekNotesIcon.png Note: For projects with other funding sources such as KDOT, CARS, SMAC, and/or OTHER CITY, the City’s special conditions shall be supplemented with the funding sources insurance requirements and additional indemnification provisions. Refer to executed agreements for requirements.


See Contract Documents for CDBG Projects for additional information regarding CDBG funded projects.

Task No. 12 - Prepare Engineer’s Cost Estimate

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The Consultant/Project Manager shall prepare the Engineer’s Cost Estimate.

GeekNotesIcon.png Note: Engineer's Estimate shall be stamped and signed by the engineer of record.
Exhibit No. III-12 is an example of signed Engineer's Cost Estimate.

For more information see KDOT's LPA Project Development Manual.

Task No. 13 - Prepare Design Summary Document

The Design Summary Document must include the Engineer's Cost Estimate and the proposed DBE goal so that KDOT can review it before the project is let. The project cannot be obligated (funded) until the Design Summary Document is completed. In addition, the project cannot be advertised until the project has been obligated by KDOT. The Design Summary Document should be included as an attachment to the Request Obligation of Funds in Phase III, Task No. 14..

Exhibit No. III-13a is an example of the Design Summary Document.

Additional information necessary to complete Design Summary Document can be found in the Design Summary Document with FHWA Concurrence sent from BLP and included in Phase III, Task No. 4

Task No. 14 - Submit PS&E Package

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The City will submit to the BLP all necessary documentation for the Plans, Specifications and Estimate (PS&E) approval. The PS&E Package will include completed plans, project specifications and bid documents, engineer's estimate of probable cost, KDOT Forms 1306, 1304, 1307, all required permits and the Design Summary Document certifying compliance with appropriate criteria. The PS&E Package shall be submitted to the BLP electronically via the FTP site a minimum 30 days prior to desired advertisement date. (See FTP Instructions).

The email shall be sent to [email protected] and copied to the BLP's Project Manager notifying them of uploaded PS&E Package and requesting the Authorization of obligation of federal funds for the project.

Exhibit No. III-14 is an example email requesting Obligation of Funds

Task No. 15 - PS&E Review

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Upon receipt of the PS&E package, BLP will review the documents to confirm that the project complies with federal aid eligibility requirements.

KDOT Forms 1306 and 1304 will be distributed to the project development engineer in BLP for processing. (See note in Task No. 17 regarding Form 1306).

The construction cost estimate will be distributed to the Program Consultant in KDOT's Office of Civil Rights to determine the DBE Goal. Once the Project Development Engineer receives the DBE Goal, the City will be notified so that the DBE Goal may be updated in the proposal. See Phase III, Task No. 11 for additional information regarding coordination of a DBE Goal.

The Project Development Engineer will review the City's documents to verify that all required specifications are included. For a current list of federally-required specifications go to KDOT's Required Contract Specifications for Local Authority Let Projects. The bid items on the plans and the bid documents will be compared with the estimate for accuracy.

The Project Development Engineer will contact the City for any clarification or modifications needed to the plans or other submitted documents.

Task No. 16 - Schedule Fourth Utility Meeting

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Subsequent to completing plans, Specifications and Contract Documents, the Consultant/Project Manager shall schedule the fourth utility meeting. The primary purpose of this meeting is to receive a status report regarding utility facility relocations, adjustments and agreements. Based upon this information, a tentative bid opening date can be established.

GeekNotesIcon.png Note: When scheduling utility meeting in Google calendar, in order to avoid conflicts with other utility meetings, CH-PW Utilities (found under Rooms tab) shall be "invited" as an attendee to all meetings, pre-bid conferences and pre-construction conferences or any meetings that require utility company attendance.

See Phase II, Task No. 7 for exhibits.

Task No. 17 - Complete Utility Relocations

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Submit KDOT Forms 1306 (see note below) and 1304 - The Project Manager shall advise the City Engineer when all utilities, that are practical to be moved or adjusted prior to construction, have been moved/adjusted. If any utility relocations are not complete by the bid letting, the current status should be reflected on Form 1304, included with the bid documents.

For KDOT projects, Forms 1306 and 1304 shall be forwarded to the BLP.

GeekNotesIcon.png Note: 1306 must be completed and returned to BLP on all projects even if no rights of way are being acquired.
The Consultant/Project Manager shall verify that it's current KDOT's version.

Refer to Chapter 8.0 Status of Utilities of KDOT's LPA Project Development Manual for additional information on utility relocation.

Task No. 18 - Schedule Optional Public Information Meeting

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When final plans are complete, the third public information meeting may be scheduled. This meeting is optional. The primary purpose of this meeting is to present the final plans, hear citizens comments and questions and present the anticipated bid opening date. For KDOT projects the Notice of Public Information Meeting must be published in Kansas Register and The Legal Record.

See Phase II, Task No. 15 for list of invitees.
See Phase II, Task No. 36 for exhibits.
GeekNotesIcon.png Note: This and all subsequent Public Information Meeting notices should ask if participants need a language interpreter or a hearing assistance device and a phone number. All meeting rooms shall be ADA accessible. The KDOT's Equal Opportunity and Civil Rights Information brochure in English and Spanish is to be made available at all public meetings.

For those who wish to use a Blue Valley School District facility for the public meeting, an on-line Facility Rental Reservation Request is available. Once the request is submitted, the BVSD Facility Scheduling Office will send a confirmation if the requested space is available.

Task No. 19 - Receive Obligation of Funds from KDOT

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After PS&E plans and documents have been approved by BLP, KDOT program and project management will request FHWA to obligate the project's federal funds. Once funds have been obligated, the BLP PM will submit the Authority to Administer the project for approval by the BLP Bureau Chief.

Once the Authority to Administer has been approved, it will be submitted to the City via electronic memo (Authority to Bid) by email. The City shall advertise the project for a minimum of 30 days.

Exhibit No. III-19 is an example letter from KDOT approving Obligation of Funds and authorization to bid the contract.
GeekNotesIcon.png Note: This task is tracked by KDOT. The Project Engineer shall ensure this task is complete.

Task No. 20 - Obtain City Department Approval

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The Project Manager shall obtain the appropriate Division Head signature on the plan title sheet.

Task No. 21 - Obtain Agency Plan Approvals

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The Project Manager shall determine if other agency plan approvals are necessary.

KDOT will require the final approved plans prior to obligation of funds. If there is other city, county or state funding, other agency's approval will usually be required, or as stipulated in the agreements. The appropriate official's name and title shall be placed on the plan title sheet.

GeekNotesIcon.png Note: For KDOT Projects this task is tracked by KDOT. The Project Engineer shall ensure this task is complete.

Task No. 22 - Confirm Construction Engineering Responsibility

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The Project Manager in consultation with the City Engineer/City Traffic Engineer will determine whether construction engineering responsibilities will be handled by the City Staff or use a private consulting engineer. For KDOT projects a proposal must be submitted to KDOT requesting that KDOT prepare an Agreement for the performance of the construction engineering services. The City will determine whether or not to request reimbursement for construction engineering services based on the estimated construction cost and KDOT funding cap amount. If this service is to be performed by City Staff, KDOT – BLP must be informed of the City’s decision whether to utilize federal funds for the construction engineering as soon as possible but no later than 6 – 8 weeks prior to the day of the scheduled letting.

Exhibit No. III-22a is a Proposal For Construction Engineering Services.
Exhibit No. III-22b is an example of "Exhibit A" referred to in the above Proposal for Construction Engineering Services.

If this service is to be performed by a private consulting engineer and the City does not desire federal participation in the cost of the construction engineering services for the project, the Resolution No. 4550 will be applicable. See Phase II, Task No. 3. KDOT - BLP needs to be notified 3-4 months prior to the day of the scheduled letting.

If this service is to be performed by a private consulting engineer and the City does desire federal participation in the cost of the construction engineering services for the project, the "Consultant Selection Guide for Construction Engineering on LPA Projects" shall be followed. Contact KDOT - BLP for the current pre-qualified Consultant List for Construction Engineering. KDOT - BLP needs to be notified 3-4 months prior to the day of the scheduled letting.

Exhibit No. III-22c is the "Consultant Selection Guide for Construction Engineering on LPA Projects".
Exhibit No. III-22d is a Force Account Equipment Rate Table.
Exhibit No. III-22e is a letter from BLP accepting overhead rate.
Exhibit No. III-22f is a "Example Billing" for reimbursement of Construction Engineering Services.

For more information see Chapter 11.0 Construction Engineering (CE) Consultant Selection and Agreement of KDOT's LPA Project Development Manual.

All Phase III Exhibits

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