On the agenda: El Dorado meeting — data center (Aug 11)

Board of County Commissioners
Tuesday, August 11, 2026
9:00 AM
205 W. Central Ave. 4th Floor
El Dorado, KS 67042
Agenda
A.

CANVASSING - 9 AM

B.

CALL to ORDER - Immediately following Canvassing

C.

INVOCATION and PLEDGE

D.

COMMISSION MINUTES
D.1 Commission Minutes
August 4 2026.pdf

E.

PUBLIC COMMENTS
E.1 Life Saving Award for Deputy Drake Hall

F.

ITEMS of BUSINESS
F.1 Contract - Substance Abuse Centers of Kansas (SACK)
SACK July 2025-June 2026.docx.pdf
SACK Contract pdf.pdf
F.2 Augusta Public Safety Building Concrete Repair/Replace
F.3 KDOT Agreement -WAMPO multi-use path on 170th Street (W. Rosewood Street)
N-0854-01 TA CRP MPO Sedgwick Co - Butler Co - Rose Hill (140-26) v.4 (005).pdf
F.4 KDOT Contract for US 400/Kellogg Road Improvements
KA-6535-04 Butler County (618-26).pdf
MOU - Andover-BuCo-KDOT - 05-12-2026.pdf
F.5 2027 Budget Workshop

G.

VOUCHERS

Board of County Commissioners

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G.1 Vouchers Dated 08/11/2026
2026-08-11 AP Packet-Public.pdf
H.

COMMISSION ADDS & ABATES

I.

OTHER ITEMS of BUSINESS

J.

ADJOURNMENT - The Commissioners will attend a luncheon on Tuesday, August 11th, at
11:45 AM at the Rose Hill Senior Center located at 217 E Silknitter St, Rose Hill, Kansas, 67133.

Board of County Commissioners

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Board of County Commissioners Agenda Item Report
Agenda Item No. 1
Submitted by: Anna Wealand
Submitting Department: Administration
Meeting Date: August 11, 2026
SUBJECT
Commission Minutes
RECOMMENDATION
Approval of Minutes
ATTACHMENTS
• August 4 2026.pdf
BACKGROUND
N/A
ANALYSIS
N/A
FINANCIAL CONSIDERATION
N/A
LEGAL CONSIDERATION
N/A
COMMISSIONER SIGNATURE REQUIRED
Yes
RECOMMENDED ACTION
I, Commissioner ____, motion to approve the minutes from the August 4, 2026, Butler County
Commission meeting as presented/amended.

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BUTLER COUNTY BOARD OF COMMISSIONERS
Tuesday, August 4, 2026
(00:00:06)
CALL TO ORDER
Commission Chair Marc Murphy called the Butler County Board of Commissioners meeting to
order at 9:00 a.m. Present were Commissioner Jeff Masterson, Commissioner Kelly Herzet,
Commissioner Darren Jackson, Commissioner Dan Woydziak, County Administrator Will
Johnson, County Counselor Terrence Huelskamp and Executive Assistant Anna Wealand.
(00:00:09)
INVOCATION
Commissioner Masterson presented the invocation.
(00:01:02)
APPROVAL OF MINUTES
Commissioner Jackson requested an amendment to page three (3;) “tunnel” needs to be corrected
to “tonal.”
Commission Chair Murphy requested an amendment on page one (1;) Amy Gardner presented
notebooks to the Board, not Meghan Wright.
Commissioner Woydziak motioned to approve the minutes as amended from the July 28, 2026,
Butler County Commission meeting. Commissioner Jackson seconded the motion. Motion
carried 5-0.
(00:01:50)
PUBLIC COMMENTS
There were no public comments.
(00:01:59)
ITEM #1 – PROQA ANNUAL SUPPORT PAYMENT
Jeremy Seglem, Emergency Communications 9-1-1 Director, came before the Board for
authorization to make a payment of $25,338.00 for annual software maintenance. ProQA is the
computerized version of the protocols used on every 9-1-1 call received. These protocols dictate
how calls are prioritized and provide the scripted instructions for 9-1-1 callers specific for the
emergency they are reporting. These instructions range from general safety tips to step-by-step
life support instructions. A sampling of instruction topics include: water rescue, persons trapped
in building fires, hazardous materials releases, sinking vehicle/rising flood waters,
Cardiopulmonary Resuscitation (CPR,) childbirth, choking, Automatic External Defibrillator
(AED) usage, aspirin administration for chest pain, determining pulse and respiration rates,
stroke diagnosis, and active shooter situations.
ProQA is interfaced with Computer-Aided Dispatch (CAD,) automatically displaying to the
dispatcher all of the questions and answers the call taker receives. These protocols are updated
several times per year at no additional cost besides this software maintenance agreement (SMA.)

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This maintenance agreement allows dispatchers access to technical support twenty-four (24)
hours per day, 365 days per year. The technical support center has proven to be very helpful and
knowledgeable to date and has been especially valuable to staff in resolving noncritical issues
after hours. The expense is a budgeted item in the amount of $25,920.00 from fund 66 (9-1-1
taxes.)
Commission Chair Murphy commented two (2) dispatchers told him they really like and
appreciate ProQA.
Commissioner Herzet motioned to authorize the payment of $25,920.00 to Priority Dispatch
for annual ProQA software maintenance. Commissioner Masterson seconded. Motion carried
5-0.
(00:04:17)
ITEM #2 – CIVICPLUS RENEWAL
Lew Harter, Information Technology (IT) director, came before the Board for the consideration
of the approval of the annual renewal of the CivicPlus hosting and support agreement and the
authorization for staff to sign all purchase documents as needed. CivicPlus hosts and supports the
County's public facing website. This renewal continues the County’s hosting and support with
CivicPlus for another year. Staff would like to continue with CivicPlus in order to provide the
www.bucoks.gov website for interaction and communication with the citizens of Butler County.
The total purchase price is $19,229.36, which is approximately a $7,000 increase over last year's
cost, primarily due to the AudioEye addition for Americans with Disabilities Act (ADA) Title II
Web Accessibility compliance, and is budgeted and recommended to be paid from 0001-0086214-000 (Information Technology contractual.)
Commissioner Woydziak motioned to approve the annual renewal of the CivicPlus hosting
and support agreement for $19,229.36 and to authorize staff to sign all purchase documents as
needed. Commissioner Jackson seconded. Motion carried 5-0.
(00:05:37)
ITEM #3 – GENERATOR MAINTENANCE SERVICE AGREEMENT
Chadd Pelnar, Radio System Administrator, approached the Board for the approval of a new
service agreement for generator maintenance at radio tower sites. Butler County Emergency
Communications maintains standby generators at eight (8) radio communications tower sites
throughout the county. Most of these generators were installed as part of the countywide radio
system buildout in 2010 with units from three (3) different manufacturers. These generators
provide backup power during commercial power outages to ensure continued operation of the
County's public safety radio communications system.
Most of the Emergency Communications standby generators were installed in 2010. Preventive
maintenance has become important to maximize equipment life, improve reliability, and identify
potential issues before they result in equipment failures. The annual service includes
manufacturer-recommended inspection, testing, fluid and filter replacement, and other
specialized maintenance that extends beyond routine operational checks. C and C Group
currently performs similar maintenance services for Butler County Facilities Management's

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standby generators and has proven to be a trusted service provider. This agreement establishes a
consistent preventive maintenance program to help ensure these generators remain dependable
for years to come. The annual cost of the agreement is $4,322 for all eight (8) generator sites.
Commissioner Herzet asked if agreements like this have been done before; Mr. Pelnar stated that
agreements of this level have not occurred in the past. Commissioner Herzet inquired as to the
state of the County’s radio sites. Mr. Pelnar said almost all of the equipment was installed in
2010 and is beginning to reach the end of its lifecycle. Commissioner Masterson inquired if the
generators are diesel powered; Mr. Plenar stated the generators utilize propane. Commissioner
Herzet asked if rodents are an issue with the generators; Mr. Plenar confirmed they are.
Commissioner Herzet motioned to approve the service agreement with C and C Group in the
amount of $4,322 and to authorize the Chair to sign. Commissioner Masterson seconded.
Motion carried 5-0.
(00:08:25)
ITEM #4 – SECURITY CAMERAS
Travis Cornell, Facilities Management director, came before the Board for the consideration of
approval for Butler County IT to send out a request for proposal (RFP) to purchase and install
cameras at the Facilities Management Maintenance Shop. The County installed cameras at the
Landfill and has had huge success in terms of security and video documentation. Mr. Cornell
would like to install the same system at the Maintenance Shop. Installing security cameras at the
shops can help protect county property, equipment and vehicles from theft, vandalism and
unauthorized access. Cameras also provide valuable documentation in the event of accidents,
safety incidents, or disputes, helping to improve accountability and workplace safety. To respect
employee privacy, cameras will only be placed in work areas, entrances, exits, and equipment
storage locations, and will not be installed in break rooms or other areas where employees have a
reasonable expectation of privacy. The cost can be absorbed in to the existing budget.
Commissioner Murphy asked how many cameras Mr. Cornell believes are needed; Mr. Cornell
stated four (4) cameras are needed.
Commissioner Woydziak asked as to the estimated cost of the installation and purchase of the
cameras. Curtis Mader, Public Works Director, stated the cost will likely be around $6,000 to
$8,000 and will be wrapped into the current capital improvement program (CIP.)
Commissioner Masterson inquired if Butler County IT will install the system; Mr. Mader stated
the company will install the system, which is included in the RFP.
Commissioner Woydziak motioned to approve the request for proposal (RFP) to be issued for
the purchase and installation of security cameras at the Facilities Management Maintenance
Shop. Commissioner Jackson seconded. Motion carried 5-0.
(00:10:51)
ITEM #5 – PUBLIC WORKS 2026 EQUIPMENT PURCHASES

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Curtis Mader, Public Works director, approached the Board for the consideration of the approval
of a bid for three (3) pickups and two (2) double-wing mowers. The Department of Public Works
develops and maintains an equipment replacement plan for all of its divisions, which was
presented during recent CIP meetings. This plan is used as a tool to help budget for equipment
replacement and is incorporated into the County’s current CIP and adopted budgets. Equipment,
however, is operated until it is ready to be replaced. Several pieces of equipment are ready for
replacement or purchase in 2026.
Staff received three (3) bids for three (3) 1500 pickups. Don Hatton Chevy met specifications
with the low bid of $139,755, or $46,585 per pickup. The newly purchased trucks will:
- Replace a Landfill vehicle that will be sold on Purple Wave.
- Will be assigned to the Design Engineer as the vehicle currently in use by the Design
Engineer will be reassigned to the Engineering Tech II.
- The current Engineering Tech II vehicle will become the survey vehicle.
A F-150 was moved to the Landfill last year and it is currently for sale on Purple Wave.
Staff received three (3) bids with Ravenscroft Implements meeting specifications and being the
low bid of $78,600, or $26,166.66 per mower. The mowers purchased in 2024 cost $24,700 per
unit.
The Public Works 2026 Equipment Replacement List, listed by equipment number, is as follows:
- 1323: 2012 Sierra 2500 with 168,393 miles. The vehicle has been wrecked three (3)
times; the rear bumper is damaged and the air bag light and warning light are both on.
This vehicle will be sold on Purple Wave.
- 1334: 2015 RAM 1500 4x2 with 170,500 miles. The vehicle will be transferred to the
Landfill to allow for the sale of the Landfill’s current two (2) door pickup.
- 1517: 2014 Case Tractor with 1,227.6 hours. The four-wheel drive does not work, the
front differential is shredded, the rear fenders are held on with wire and the hydraulics
leak.
- 1618: 2014 Rhino
- 1619 and 1620: 2019 Double Bat Wing Mowers
- 0205: F450 Dump Truck with 85,355 miles and lots of rust on the body and frame.
The engine needs a new fuel system with an estimated repair cost of $10,000. The
stainless dump bed will be reused on a new truck.
- 0206: F450 Dump Truck with 137,956 miles. A trailer brake module fault is listed on
the dashboard. A large rust hole on driver side floorboard is covered with old road
signs. The vehicle has major oil leaks. Gasket maker was applied to the roof because
water was leaking in to the cab.
- 0818 or 0819: 2012 John Deere Front End Loaders. Will be sold through
PurpleWave.
- 0820: 2016 Cat front end loader. Will be transferred to the Landfill. $75,000 will be
transferred from 0046-041-6501-000 (Equipment and Machinery >$1,000) to 0044041-6501-000 (Equipment and Machinery >$1,000.)
2026 Equipment Sale List Without Replacement, listed by equipment number, is as follows::
- 0710: Landoll trailer that is never used.

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2111: 2016 GMC Sierra 2500 with 126,772 miles. The check engine light is on for
the diesel exhaust fluid (DEF) system, which does not affect its performance and has
been on since Public Works purchased the vehicle. The truck has ignition issues. This
pickup is expensive to drive as a run around pickup and is not needed in the fleet.
1005: Pugmill. The last mechanic stated the pugmill had electrical issues and needs a
new vibrator pump as well as possibly a hopper spinner. Public Works has about two
(2) totes full of parts for the machine. Estimated cost to fix the machine is $10,000 to
$20,000.
1007: Conveyor
2302: Winch Truck. The truck has around 125,000 miles and is in good condition.
This truck is not used as the South Shop has two (2) trucks with winches.

All equipment will be paid for out of 0044-041-6501-000 (Equipment and Machinery >$1000.)
Proceeds from sold equipment will be deposited into the same fund.
Commissioner Woydziak asked how many double-wing mowers the County owns; Mr. Mader
replied the County owns seven (7) double-wing mowers with seven (7) tractors. Commission
Chair Murphy inquired if the tractors are only utilized for mowing; Mr. Mader confirmed the
tractors are rarely used for any other tasks than mowing.
Commissioner Masterson motioned to approve the purchase of three (3) half-ton pickups from
Don Hattan Chevy in the amount of $139,755 and the purchase of three (3) double-wing
mowers in the amount of $78,600 from Ravenscraft Implement, Inc. Commissioner Herzet
seconded. Motion carried 5-0.
(00:14:16)
NON-AGENDA ITEM
Curtis Mader, Public Works Director, approached the Board for permission to put out a RFP
regarding the County’s milling head. The head is worn and causing projects to take much longer
than they should. Mr. Mader would like to purchase a milling head that will function with the
County’s larger skid steers. Mr. Mader has inquired about renting a head but has not yet received
pricing.
Commissioner Herzet asked how much a milling head costs; Mr. Mader stated he is uncertain but
estimates the cost to be about $25,000.
Commissioner Jackson inquired if the current head can be fixed; Mr. Mader said the head has
been fixed many times but continues to have consistent issues.
Commission Chair Murphy asked as to the age of the head; Mr. Mader said he is not certain.
Commissioner Masterson moved to permit Public Works to go out to bid for a new milling
head. Commissioner Herzet seconded. Motion carried 5-0.
Mr. Mader informed the Board that beams are being set on NW 150th St tomorrow and the west
leg of the SW 20th St and SW Ohio Street Rd roundabout is being poured today.

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Commissioner Herzet asked as to the status of the work on NW 30th St. Mr. Mader said crews are
working on the intersection of NW 30th St and NW Butler Rd and did a good job. Mr. Mader
stated twelve (12) working days remain for the completion of the overlay. Administrator Johnson
asked if County crews are painting the road striping; Mr. Mader stated a company will be hired
to paint the striping.
Commissioner Jackson asked if the bridge over Durechen Creek on NE 75th St is on a list to be
redone in the near future, stating a lot of potholes are present; Mr. Mader stated he does not
know but will look in to the matter.
Commissioner Woydziak commented that the repairs performed by County crews to a sinkhole
that developed on SW Santa Fe Lake Rd near the railroad crossing were very nicely done. The
Board discussed the closure of railroad crossings and the impact the closures have on emergency
response times.
(00:22:07)
ITEM #6 – DISCLAIMER OF INTEREST
Terrence Huelskamp, County Counselor, came before the Board for the consideration of the
approval of a disclaimer of interest for property owned by Ag Services Inc., Whitewater, Kansas.
The County was recently contacted through a petition from the District Court to quiet title
property located at 13548 NW Hwy 196, Whitewater. The property requested to quiet title to Ag
Services, Inc is a piece of abandoned railroad right-of-way that was allowed to revert back to
property owners along K-196 in the 1990's. Ag Services, Inc. has been operating their business at
this location for some time and wishes to clean up some title work on the property.
Since the County has no interest in the property but was a party to designating the abandoned rail
bed back to adjoining owners, the County has been asked to provide a disclaimer of interest in
the property. Since the County has no interest in the property, staff have indicated to the
business’ legal counsel the County’s willingness to provide a disclaimer in the property with the
exception of potential taxes due. As such, staff is recommending approval of the disclaimer as
presented so it can be filed in the district court. Legal Counsel has produced the required
documents, which were provided.
Administrator Johnson stated it appears the business desires to ensure there are no loose ends for
title work.
The Board asked questions regarding the situation; Counselor Huelskamp provided the answers
to their questions.
Commissioner Herzet motioned to approve the disclaimer of interest on property owned by Ag
Services, Inc. located at 13548 NW Hwy 196, Whitewater, Kansas. Commissioner Masterson
seconded. Motion carried 5-0.
(00:25:22)
ITEM #9 – 2027 BUDGET WORKSHOP

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Ryan Adkison, Finance Director/Assistant County Administrator, came before the Board to
review the 2027 proposed budget and for the consideration of the approval of the Notice of Intent
to the County Clerk to exceed the revenue neutral rate (RNR) and the approval of
the RNR/Budget notice of hearing for the County and fire/sewer districts. Each year the
Commission holds several workshops to review both internal and external budget requests before
holding a public hearing and then adopting the budget. This year's budget process and calendar is
similar to prior years. The adopted budget funds both the County's operations for the
forthcoming year and the CIP in subsequent years. Kansas budget laws generally fall under
K.S.A. 79-2925 and 79-2988.
Mr. Adkison and Administrator Johnson spoke to the Board regarding developing parameters for
funding requests from social programs in the County. After some discussion it was decided to
not develop parameters to permit agencies from soliciting funding from the County as the
County is set in the contributions it already makes. Commissioners Herzet and Woydziak stated
they agree that the County is not in a position to take on more funding requests than current.
Mr. Adkison stated the County is in receipt of a one-time $250,000 request from Sunlight
Children’s Services (formerly Sunlight Children’s Advocacy and Rights Foundation (SCARF))
for the construction of a consolidated campus of their services. The Board discussed the request
and stated they are not in agreement with the request.
Commissioner Woydziak asked how much it would cost to convert the part-time ambulance in
Andover to full-time. Administrator Johnson and Mr. Adkison believe the cost would be about
$250,000 more. Commissioner Herzet stated he would like to investigate making the Andover
ambulance full-time next year; Administrator Johnson stated that is staff’s plan. Commissioner
Woydziak said the only way he knows how to have the funds to make the ambulance full-time is
to reduce the merit pool from 4% to 3%; Commissioner Masterson agreed.
Commissioner Masterson asked when responses to the survey sent with the RNR notice will
begin to appear. Administrator Johnson and Mr. Adkison stated about 250 responses have
already been turned in, both via hard copy and digitally. Placing survey copies at polling sites
has been very helpful. Commissioner Woydziak stated the only viable issue to make an impact
on property taxes is for legislators to allow the County to take a vote on sales tax.
The Board, Administrator Johnson and Mr. Adkison discussed the budget schedule.
No action was taken.
(00:44:44)
VOUCHERS
Commissioner Masterson motioned to approve vouchers dated August 4, 2026, in the amount
of $569,928.67. Commissioner Herzet seconded the motion. Motion carried 5-0.
(00:45:05)
ADDS AND ABATES

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Commissioner Masterson motioned to approve Adds in the amount of $0 and Abates in the
amount of $7,687.56. Commissioner Herzet seconded. Motion carried 5-0.
(00:45:21)
OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF BUTLER
COUNTY COMMISSIONERS
Commissioner Jackson said he went out and investigated the concern Amy Gardner brought
before the Board during last week’s meeting of drones routinely flying around and over her
property. Commissioner Jackson stated he did see a drone.
Roxanne Jones, Human Resources (HR) Director, asked Administrator Johnson to inquire of the
Board as to whether they would like employees to receive a half or a full day of Holiday Pay on
Christmas Eve. The Board agreed on granting a full day.
A Cedar Tree Meeting will be held Friday. Administrator Johnson has a possible conflict;
Commissioner Jackson will chair the meeting if needed.
The Rose Hill Senior Center luncheon is next Tuesday.
Administrator Johnson has not received word from the Clerk’s Office regarding canvassing of
votes but believes canvassing will be held Tuesday.
Commissioner Jackson reminded the Board that Baby Jubilee is Thursday.
The Planning and Zoning Board is holding a public hearing tonight regarding data center
regulations. Counselor Huelskamp has some changes in the tonal noise section to discuss.
Administrator Johnson said staff are going to recommend tabling the issue for two (2) weeks to
allow the Board time to consider.
Administrator Johnson has finished taking Commissioners to see the data center in Kansas City.
Commissioner Woydziak is going to view the center on his own on Thursday.
Administrator Johnson will be out of the office Wednesday and Thursday.
(00:51:40)
ADJOURNMENT
Commissioner Woydziak motioned to adjourn the meeting of the Board at 9:52 a.m.
Commissioner Jackson seconded the motion. Motion carried 5-0.

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Board of County Commissioners Agenda Item Report
Agenda Item No. 1
Submitted by: Daimon Cundiff
Submitting Department: Sheriff, County
Meeting Date: August 11, 2026
SUBJECT
Life Saving Award for Deputy Drake Hall
RECOMMENDATION
None
ATTACHMENTS
BACKGROUND
None
ANALYSIS
None
FINANCIAL CONSIDERATION
None
LEGAL CONSIDERATION
None
COMMISSIONER SIGNATURE REQUIRED
No
RECOMMENDED ACTION
None

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Board of County Commissioners Agenda Item Report
Agenda Item No. 1
Submitted by: Daimon Cundiff
Submitting Department: Sheriff, County
Meeting Date: August 11, 2026
SUBJECT
Contract - Substance Abuse Centers of Kansas (SACK)
RECOMMENDATION
Request to approve the renewal of the contract between the Butler County Sheriff's Office (detention
facility) and SACK.
ATTACHMENTS
• SACK July 2025-June 2026.docx.pdf
• SACK Contract pdf.pdf
BACKGROUND
The Butler County Sheriff's Office has been partnering with the Substance Abuse Center of Kansas in a
combined effort to reduce recidivism through in-custody treatment that is now accessible post-release.
Services are provided while persons are incarcerated and those incarcerated individuals are able to
schedule and make contact with the same counselors providing treatment once they are released from
custody. This program has provided a necessary connection for continued addiction counseling, without
having to make a new connection post-release.
ANALYSIS
Last year's statistics are attached.
FINANCIAL CONSIDERATION
The total cost of the program remains the same as the last contract period ($90,366.06) and is paid from
the inmate commissary fund.
LEGAL CONSIDERATION
Review of terms and conditions.
COMMISSIONER SIGNATURE REQUIRED
Yes
RECOMMENDED ACTION
It is recommended that the Board of County Commissioners approve the renewal of the contract
between the Butler County Sheriff's Office and the Substance Abuse Center of Kansas.

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Board of County Commissioners Agenda Item Report
Agenda Item No. 2
Submitted by: Travis Cornell
Submitting Department: Facilities Management
Meeting Date: August 11, 2026
SUBJECT
Augusta Public Safety Building Concrete Repair/Replace
RECOMMENDATION
Consider approving Facilities Management to solicit bids for the concrete around the Augusta Public Safety
Building.

ATTACHMENTS
BACKGROUND
The parking lot is concrete and is in bad shape. Many joints and pot holes that needs cut out and
replaced. There are a few sidewalks that needs replaced also. We had an employee twist an ankle in one
spot. The spot was patched for now.
ANALYSIS
If approved we can get bids and get the process going. To make it safer for the employee's and public.
FINANCIAL CONSIDERATION
In CIP #003030
LEGAL CONSIDERATION
NA
COMMISSIONER SIGNATURE REQUIRED
No
RECOMMENDED ACTION
I Commissioner _______________ move to approve/disapprove Facilities Management to solicit bids
for the concrete around the Augusta Public Safety Building.

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Board of County Commissioners Agenda Item Report
Agenda Item No. 3
Submitted by: Curtis Mader
Submitting Department: Public Works
Meeting Date: August 11, 2026
SUBJECT
KDOT Agreement -WAMPO multi-use path on 170th Street (W. Rosewood Street)
RECOMMENDATION
Consider signing the KDOT Agreement -WAMPO multi-use path on 170th Street (W. Rosewood
Street)
ATTACHMENTS
• N-0854-01 TA CRP MPO Sedgwick Co - Butler Co - Rose Hill (140-26) v.4 (005).pdf
BACKGROUND
(“WAMPOâ€​) has allocated funding in its Transportation Improvement Program (“TIPâ€​) to
construct a ten-foot- wide multi-use path, along the south side of East 63rd Street South that transitions
to W. Rosewood Street at SW County Line Road, from S. Lynnrae Street in Sedgwick county to N.
Rose Hill Road in Butler county (“Projectâ€​)
ANALYSIS
This is a KDOT contract for the WAMPO multi-use path on 170th Street (W. Rosewood Street).
Sedgwick County is the lead on this project, so they will pay the entire 20% match to KDOT and Butler
County will reimburse Sedgwick County our share of the 20% match.
FINANCIAL CONSIDERATION
This will be paid out of 0043-041-6604-000 Capital Project
LEGAL CONSIDERATION
I have discussed this agreement with the County Counselor, and although there are provisions we would
prefer to modify, this is KDOT's standard contract, and they have requested that it be executed as
written.
COMMISSIONER SIGNATURE REQUIRED
Yes
RECOMMENDED ACTION
I Commissioner__________, move to approve the KDOT Agreement for WAMPO multi-use path on
170th Street (W. Rosewood Street)Â

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
PROJECT NO. 106 N-0854-01
TA-N085(401)
WAMPO TIP #MB-25-006
SEDGWICK COUNTY: EAST 63RD/WEST ROSEWOOD STREET PATH
SEDGWICK COUNTY, KANSAS
BUTLER COUNTY, KANSAS
CITY OF ROSE HILL, KANSAS
AGREEMENT
This Agreement is between the Secretary of Transportation, Kansas Department of
Transportation (KDOT) (the “Secretary”), Sedgwick County, Kansas (“Sedgwick”) (the “Project
Sponsor”), Butler County, Kansas (“Butler”), and the City of Rose Hill, Kansas (“City”), collectively,
the “Parties.”
RECITALS:
A. The Wichita Area Metropolitan Planning Organization (WAMPO) has been designated by the
state of Kansas as the Metropolitan Planning Organization (MPO) for the Wichita metropolitan
region.
B. The Project Sponsor has submitted a Project to the MPO and the MPO has approved Project
Sponsor’s Project for receipt of Carbon Reduction Program (CRP) federal funds and
Transportation Alternatives (TA) federal funds.
C. The Project Sponsor has submitted a Project, as further described below, to the Secretary and the
Secretary has approved the Project Sponsor’s receipt of CRP and TA federal funds.
D. The Secretary is authorized by the current Federal-Aid Transportation Act to set aside certain
portions of Federal funding allocated under the current Federal-Aid Transportation Act for CRP
and TA projects.
E. 23 U.S.C. 175 of the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also
known as the “Bipartisan Infrastructure Law”), established the Carbon Reduction Program (CRP)
to reduce transportation emissions through the development of state carbon reduction projects
designed to reduce transportation emissions. The Federal Highway Administration (FHWA)
administers CRP and funded by the Highway Trust Fund (HTF). The FHWA allocates funds to
the states.
F. 23 USC 133 of IIJA, continues the TA set-aside from the Surface Transportation Block Grant
(STBG) program. Eligible uses of the set-aside funds include all projects and activities that were
previously eligible under the TA Program under the Moving Ahead for Progress in the 21st
Century Act (MAP-21).
G. The Secretary is empowered by CRP to allocate CRP funds in accordance with Kansas Carbon
Reduction Strategy and upon the approval by FHWA.

MPO Agreement Master (CRP & TA) – Local Projects
Rev. 06-25

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
H. The Secretary is empowered to pass through Federal Surface Transportation Program (STP) funds for
TA projects to eligible state agencies or local governments. Under the terms of the current FederalAid Transportation Act and the rules and regulations of FHWA, states and local governments may
be entitled to receive assistance in the financing of TA projects, provided such work is done in
accordance with applicable state and federal law.
I. The Secretary is empowered by CRP to combine CRP funds with other eligible United States
Department of Transportation (USDOT) funding for projects that support the reduction of
transportation emissions if the eligibility requirements and applicable Federal Share are met for each
program.

J. The CRP and TA funds can be combined for this Project since the Project supports the reduction
of transportation emissions and meets the eligibility requirements and applicable Federal Share
for the program.
K. The Secretary and the Project Sponsor are empowered by the laws of Kansas to enter into
agreements for CRP and TA funding for the development of such projects, and the Secretary is
authorized to administer funds for such projects.
NOW THEREFORE, in consideration of these premises and the mutual covenants set forth
herein, the Parties agree to the following terms and provisions.
ARTICLE I
DEFINITIONS: The following terms as used in this Agreement have the designated meanings:
1. “Agreement” means this written document, including all attachments and exhibits, evidencing
the legally binding terms and conditions of the agreement between the Parties.
2. “Butler” means Butler County, Kansas, with its place of business at 121 S Gordy Street, Suite
200, El Dorado, KS 67042.
3. “City” means the City of Rose Hill, Kansas, with its place of business at 125 W Rosewood Street,
Rose Hill, KS 67133.
4. “Construction” means the work done on the Project after Letting, consisting of building,
altering, repairing, improving or demolishing any structure, building or pavement; any drainage,
dredging, excavation, grading or similar work upon real property.
5. “Construction Contingency Items” mean unforeseeable elements of cost within the defined
project scope identified after the Construction phase commences.
6. “Construction Engineering” or “CE” means inspection services, material testing, engineering
consultation and other reengineering activities required during Construction of the Project.

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7. “Consultant” means any engineering firm or other entity retained to perform services for the
Project.
8. “Contractor” means the entity awarded the Construction contract for the Project and any
subcontractors working for the Contractor with respect to the Project.
9. “CRP” means the Carbon Reduction Program authorized under 23 U.S.C. § 175, funds to be
used for activities for the reduction of transportation emissions and other eligible projects.
10. “Design Plans” means design plans, specifications, estimates, surveys, and any necessary studies
or investigations, including, but not limited to, environmental, hydraulic, and geological
investigations or studies necessary for the Project under this Agreement.
11. “Effective Date” means the date this Agreement is signed by the Secretary or the Secretary’s
designee.
12. “Encroachment” means any building, structure, farming, vehicle parking, storage or other
object or thing, including but not limited to signs, posters, billboards, roadside stands, fences, or
other private installations, not authorized to be located within the Right of Way which may or
may not require removal during Construction pursuant to the Design Plans.
13. “Federal Fiscal Year (FFY)” means the fiscal year as determined by the FHWA which begins
October 1 and ends on September 30 of the following calendar year.
14. “Federal Government” means the United States of America and any executive department or
agency thereof.
15. “FHWA” means the Federal Highway Administration, a federal agency of the United States.
16. “Fiscal Year (FY)” means the state’s fiscal year which begins July 1 and ends on June 30 of
the following calendar year.
17. “Fiscal Year 2028” or “FFY 2028” means the twelve-month period used by the United States
Federal Government for financial reporting and budgeting beginning on October 1, 2027, and
ending on September 30, 2028.
18. “Hazardous Waste” includes, but is not limited to, any substance which meets the test of
hazardous waste characteristics by exhibiting flammability, corrosivity, or reactivity, or which is
defined by state and federal laws and regulations, and any pollutant or contaminant which may
present an imminent and substantial danger to the public health or welfare, including but not
limited to leaking underground storage tanks. Any hazardous waste as defined by state and
federal laws and regulations and amendments occurring after November 11, 1991, is incorporated
by reference and includes but is not limited to: (1) 40 C.F.R. § 261, et seq., Hazardous Waste
Management System; Identification and Listing of Hazardous Waste; Toxicity Characteristics
Revisions; Final Rule; (2) 40 C.F.R. § 280, et seq., Underground Storage Tanks; Technical
Requirements and State Program Approval; Final Rules; (3) 40 C.F.R. § 300, National Oil and

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Hazardous Substances Pollution Contingency Plan; Final Rule; and (4) K.S.A. § 65-3430, et seq.,
Hazardous Waste.
19. “KDOT” means the Kansas Department of Transportation, an agency of the state of Kansas,
with its principal place of business located at 700 SW Harrison Street, Topeka, KS 66603-3745.
20. “Letting” or “Let” means the process of receiving bids prior to any award of a Construction
contract for any portion of the Project.
21. “Non-Participating Costs” means the costs of any items or services which the Secretary, acting
on the Secretary’s own behalf and on behalf of the FHWA, reasonably determines are not
Participating Costs.
22. “Participating Costs” means expenditures for items or services which are an integral part of
highway, bridge and road construction projects, as reasonably determined by the Secretary.
23. “Parties” means the Secretary of Transportation and KDOT, individually and collectively, and
the Project Sponsor, Butler, and the City.
24. “Preliminary Engineering” or “PE” means pre-construction activities, including but not
limited to design work, generally performed by a consulting engineering firm that takes place
before Letting.
25. “Project” means Project No. 106 N-0854-01; to construct 10-foot-wide multi-use path on E
63rd Street S from Lynnrae Street to 159th Street in Sedgwick County, Kansas and W
Rosewood Street from 159th Street in Butler County, Kansas to Rose Hill Road in Rose
Hill, Kansas, and is the subject of this Agreement.
26. “Project Limits” means that area of Construction for the Project, including all areas between
and within the Right of Way boundaries as shown on the Design Plans.
27. “Project Sponsor” or “Sedgwick” means the Sedgwick County, Kansas, with its place of
business at 1144 S Seneca Street, Wichita, KS 67213.
28. “Responsible Bidder” means one who makes an offer to construct the Project in response to a
request for bid with the technical capability, financial capacity, human resources, equipment, and
performance record required to perform the contractual services.
29. “Right of Way” means the real property and interests therein necessary for Construction of the
Project, including fee simple title, dedications, permanent and temporary easements, and access
rights, as shown on the Design Plans.
30. “Secretary” means the Secretary of Transportation of the State of Kansas, the Secretary’s
successors and assigns, and KDOT, individually and collectively.

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31. “Urbanized Area” means an area encompassing a population of not less than 50,000 people that
has been defined and designated in the most recent decennial census as an “urbanized area” by
the U.S. Secretary of Commerce.
32. “Useful Life Period” means a sufficient period of time, as specifically designated in this
Agreement in Article VII, paragraph 2, to secure the investment of federal funds in the Project
based on the nature and magnitude of Project costs and generally accepted economic or useful
life cycle norms for the type of Construction involved in the Project.
33. “Utilities” or “Utility” means all privately, publicly or cooperatively owned lines, facilities and
systems for producing, transmitting or distributing communications, power, electricity, light,
heat, gas, oil, crude products, water, steam, waste, and other similar commodities, including nontransportation fire and police communication systems which directly or indirectly serve the
public.
34. “WAMPO” means Wichita Area Metropolitan Planning Organization, with its place of business
at 271 W 3rd Street, 2nd Floor, Wichita, KS 67202.
ARTICLE II
FUNDING:
1.
Funding. The table below reflects the funding commitments of each Party. The Total
Actual Costs of Construction include Construction Contingency Items. The Parties agree estimated costs
and contributions are to be used for encumbrance purposes and may be subject to change. The Project
Sponsor agrees to notify KDOT promptly in writing if costs increase by 10% or greater over the estimate.
Party
Secretary

Funding Source
Federal and/or
State Funds

Responsibility
80% of Participating Costs of Construction and Construction
Engineering (CE) up to a maximum of $1,492,670 (FFY 2028
MPO-TA funds)
80% of Participating Costs of Construction up to a maximum
of up to the maximum of $1,080,930 (FFY 2028 MPO-CRP
funds)
The total contribution from the Secretary shall not exceed
$2,573,600.

Project
Sponsor

Local Match

20% of Participating Costs of Construction and CE until the
Secretary’s funding limit is reached
100% of Participating Costs of Construction and CE after the
Secretary’s funding limit is reached

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100% of Costs of Preliminary Engineering (PE), Right of Way,
Utility adjustments, and Non-Participating Costs
Butler
City

No Local Match
Required
No Local Match
Required

Not applicable
Not applicable

ARTICLE III
SECRETARY RESPONSIBILITIES:
1.
Technical Information on Right of Way Acquisition. The Secretary will provide
technical information upon request to help the Project Sponsor acquire Right of Way in accordance with
the laws and with procedures established by KDOT’s Bureau of Right of Way and the Office of Chief
Counsel and as required by FHWA directives such that the Project Sponsor may obtain participation of
federal funds in the cost of the Project.
2.
Letting and Administration by KDOT. The Secretary will Let the contract for the
Project and shall award the contract to the lowest Responsible Bidder upon concurrence in the award by
the Project Sponsor. The Secretary further agrees, as agent for the Project Sponsor, to administer the
Construction of the Project in accordance with the final Design Plans, as required by FHWA, to negotiate
with and report to the FHWA and administer the payments due the Contractor or the Consultant,
including the portion of the cost borne by the Project Sponsor.
3.
Indemnification by Contractors. The Secretary will require the Contractor to
indemnify, hold harmless, and save the Parties from personal injury and property damage claims arising
out of the act or omission of the Contractor, the Contractor’s agent, subcontractors, or suppliers. If the
Secretary or a Party defends a third party’s claim, the Contractor shall indemnify the Secretary and the
Party for damages paid to the third party and all related expenses either the Secretary or the Party or both
incur in defending the claim.
4.
Final Billing. After receipt of FHWA acknowledgement of final voucher claim, the
Secretary’s Chief of Fiscal Services will, in a timely manner, prepare a complete and final billing of all
Project costs for which the Project Sponsor is responsible and shall then transmit the complete and final
billing to the Project Sponsor.
ARTICLE IV
PROJECT SPONSOR RESPONSIBILITIES:
1.
Secretary Authorization. The Project shall be undertaken on behalf of the Project
Sponsor by the Secretary acting in all things as its agent, and the Project Sponsor hereby constitutes and
appoints the Secretary as its agent. All things done by the Secretary in connection with the Project are
authorized, adopted, ratified, and confirmed by the Project Sponsor to the same extent and with the same
effect as though done directly by the Project Sponsor acting in its own individual capacity. The Secretary

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is authorized by the Project Sponsor to take such steps as are deemed by the Secretary to be necessary
or advisable for the purpose of securing the benefits of the current Federal-Aid Transportation Act for
this Project.
2.
Legal Authority. By signature on this Agreement, the signatory certifies that the
signatory has legal and actual authority as representative and agent for the Project Sponsor to enter into
this Agreement on its behalf. The Project Sponsor agrees to take any administrative and/or legal steps
as may be required to give full effect to the terms of this Agreement.
3.
Conformity with State and Federal Requirements. The Project Sponsor shall be
responsible to design the Project or contract to have the Project designed in conformity with the state
and federal design criteria appropriate for the Project in accordance with the current American Institute
of Architects (AIA) standards, the Secretary of the Interior’s Standards for the Treatment of Historic
Properties, the American Society of Landscape Architects guidelines, KDOT’s Design Engineering
Requirements, the current Local Projects LPA Project Development Manual, Bureau of Local Project’s
(BLP’s) project memorandums, memos, the KDOT Design Manual, Geotechnical Bridge Foundation
Investigation Guidelines, Bureau of Road Design’s road memorandums, the latest version, as adopted
by the Secretary, of the Manual on Uniform Traffic Control Devices (MUTCD), the current version of
the Bureau of Traffic Engineering’s Traffic Engineering Guidelines, and the current version of the
KDOT Standard Specifications for State Road and Bridge Construction with Special Provisions, and any
necessary Project Special Provisions, and with the rules and regulations of the FHWA pertaining to the
Project. The Project Sponsor will be responsible for construction of any traffic signal and/or sidewalk
improvements that are necessary to comply with Public Right-of-Way Accessibility Guidelines
(PROWAG), regardless of whether such improvements are deemed non-eligible/non-participating bid
items by the Secretary for reimbursement purposes.
4.
Design and Specifications. The Project Sponsor shall be responsible to make or contract
to have made Design Plans for the Project.
5.
Submission of Design Plans to Secretary. Upon their completion, the Project Sponsor
shall have the Design Plans submitted to the Secretary by a licensed professional engineer, a licensed
professional architect, and/or licensed landscape architect, as applicable, attesting to the conformity of
the Design Plans with the items in Article IV, paragraph 3 above. The Design Plans must be signed and
sealed by the licensed professional engineer, licensed professional architect, and/or licensed landscape
architect, as applicable, responsible for preparation of the Design Plans. In addition, geological
investigations or studies must be signed and sealed by either a licensed geologist or licensed professional
engineer, who is responsible for the preparation of the geological investigations or studies. All technical
professionals involved in the Project are required to meet the applicable licensing and/or certification
requirements as stated in K.S.A. § 74-7001, et seq.
6.
Consultant Contract Language. The Project Sponsor shall include language requiring
conformity with Article IV, paragraph 3 above, in all contracts between the Project Sponsor and any
Consultant with whom the Project Sponsor has contracted to perform services for the Project. In addition,
any contract between the Project Sponsor and any Consultant retained by them to perform any of the
services described or referenced in this paragraph for the Project covered by this Agreement must contain
language requiring conformity with Article IV, paragraph 3 above. In addition, any contract between the

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Project Sponsor and any Consultant with whom the Project Sponsor has contracted to prepare and certify
Design Plans for the Project covered by this Agreement must also contain the following provisions:
(a)

Completion of Design. Language requiring completion of all plan
development stages no later than the current Project schedule’s due dates
as issued by KDOT, exclusive of delays beyond the Consultant’s control.

(b)

Progress Reports. Language requiring the Consultant to submit to the
Project Sponsor (and to the Secretary upon request) progress reports at
monthly or at mutually agreed intervals in conformity with the official
Project schedule.

(c)

Third-Party Beneficiary. Language making the Secretary a third-party
beneficiary in the agreement between the Project Sponsor and the
Consultant. Such language shall read:
“Because of the Secretary of Transportation of the State of Kansas’
(Secretary’s) obligation to administer state funds, federal funds, or both,
the Secretary shall be a third-party beneficiary to this agreement between
the Project Sponsor and the Consultant. This third-party beneficiary status
is for the limited purpose of seeking payment or reimbursement for
damages and costs the Secretary or the Project Sponsor or both incurred
or will incur because the Consultant failed to comply with its contract
obligations under this Agreement or because of the Consultant’s negligent
acts, errors, or omissions. Nothing in this provision precludes the Project
Sponsor from seeking recovery or settling any dispute with the Consultant
as long as such settlement does not restrict the Secretary’s right to payment
or reimbursement.”

7.
Responsibility for Adequacy of Design. The Project Sponsor shall be responsible for
and require any Consultant retained by it to be responsible for the adequacy and accuracy of the Design
Plans for the Project. Any review of these items performed by the Secretary or the Secretary’s
representatives is not intended to and shall not be construed to be an undertaking of the Project Sponsor’s
and its Consultant’s duty to provide adequate and accurate Design Plans for the Project. Reviews by the
Secretary are not done for the benefit of the Consultant, the construction Contractor, the Project Sponsor,
any other political subdivision, or the traveling public. The Secretary makes no representation, express
or implied warranty to any person or entity concerning the adequacy or accuracy of the Design Plans for
the Project, or any other work performed by the Consultant or the Project Sponsor.
8.
Design Exception Indemnification. Any design exception to the current version of the
American Association of State Highway and Transportation Officials (AASHTO) Design Standards
shall be in accordance with 23 C.F.R. § 625. For any design exception, the Project Sponsor agrees to the
extent permitted by law and subject to the maximum liability provisions of the Kansas Tort Claims Act
(K.S.A. § 75-6101, et seq.,) to defend, indemnify, hold harmless, and save the Secretary and the
Secretary’s authorized representatives from any and all costs, liabilities, expenses, suits, judgments,
damages to persons or property or claims of any nature whatsoever arising out of or in connection with

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the design exceptions for this Agreement by the Project Sponsor, the Project Sponsor’s employees, or
subcontractors.
9.
Authorization of Signatory. The Project Sponsor shall authorize a duly appointed
representative to sign for the Project Sponsor any or all routine reports as may be required or requested
by the Secretary in the completion of the Project.
10.
Right of Way. The Project Sponsor agrees to the following with regard to Right of Way
within its jurisdiction:
(a)
Right of Way Acquisition. The Project Sponsor will, in its own name, as provided
by law, acquire by purchase, dedication or condemnation all the Right of Way shown on the final
Design Plans in accordance with the schedule established by KDOT. The Project Sponsor agrees
the necessary Right of Way shall be acquired in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Surface
Transportation and Uniform Relocation Assistance Act of 1987, and administrative regulations
contained in 49 C.F.R. Part 24, entitled Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally Assisted Programs. The Project Sponsor shall certify to
the Secretary, on forms provided by the KDOT’s Bureau of Local Projects, such Right of Way
has been acquired. The Project Sponsor further agrees it will have recorded in the Office of the
Register of Deeds all Right of Way, deeds, dedications, permanent easements, and temporary
easements.
(b)
Right of Way Documentation. The Project Sponsor will provide all legal
descriptions required for Right of Way acquisition work. Right of Way descriptions must be
signed and sealed by a licensed land surveyor responsible for the preparation of the Right of Way
descriptions. The Project Sponsor further agrees to acquire Right of Way in accordance with the
laws and with procedures established by KDOT’s Bureau of Right of Way and the Office of
Chief Counsel and as required by FHWA directives for the participation of federal funds in the
cost of the Project. The Project Sponsor agrees copies of all documents, including
recommendations and coordination for appeals, bills, contracts, journal entries, case files, or
documentation requested by the Office of Chief Counsel will be delivered within the time limits
set by the Secretary.
(c)
Relocation Assistance. The Project Sponsor will contact the Secretary if there will
be any displaced person on the Project prior to making the offer for the property. The Parties
mutually agree the Project Sponsor will undertake the relocation for eligible persons as defined
in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and as
provided in 49 C.F.R. Part 24, entitled Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally Assisted Programs, and in general accordance with K.S.A.
§§ 58-3501 to 58-3507, inclusive, and Kansas Administrative Regulations 36-16-1, et seq. The
Secretary will provide information, guidance, and oversight to the Project Sponsor for any
relocations required by the Project.

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(d)
Non-Highway Use of Right of Way. Except as otherwise provided, all Right of
Way provided for the Project shall be used solely for public street purposes. Any disposal of or
change in the use of Right of Way or in access after Construction of the Project will require prior
written approval by the Secretary.
(e)
Use of Right of Way. The Secretary shall have the right to utilize any land owned
or controlled by the Project Sponsor, lying inside or outside the limits of the Project Sponsor as
shown on the final Design Plans, for the purpose of constructing the Project.
11.
Removal of Encroachments within the County’s Jurisdiction. The Project Sponsor
shall initiate and proceed with diligence to remove or require the removal of all Encroachments either
on or above the limits of the Right of Way within its jurisdiction as shown on the final Design Plans for
this Project. It is further agreed all such Encroachments will be removed before the Project is advertised
for Letting; except the Secretary may permit the Project to be advertised for Letting before such
Encroachment is fully removed if the Secretary determines the Project Sponsor and the owner of the
Encroachment have fully provided for the physical removal of the Encroachment and such removal will
be accomplished within a time sufficiently short to present no hindrance or delay to the Construction of
the Project.
12.
Future Encroachments within the County’s Jurisdiction. Except as provided by state
and federal laws, the Project Sponsor agrees it will not in the future permit Encroachments upon the
Right of Way of the Project, and specifically will require any gas and fuel dispensing pumps erected,
moved, or installed along the Project be placed a distance from the Right of Way line no less than the
distance permitted by the National Fire Code.
13.
Utilities within the County’s Jurisdiction. The Project Sponsor agrees to the following
with regard to Utilities:
(a)
Utility Relocation. The Project Sponsor will move or adjust, or cause to be moved
or adjusted, and will be responsible for such removal or adjustment of all existing Utilities
necessary to construct the Project in accordance with the final Design Plans. New or existing
Utilities to be installed, moved, or adjusted will be located or relocated in accordance with the
current version of the KDOT Utility Accommodation Policy (UAP), as amended or
supplemented.
(b)
Status of Utilities. The Project Sponsor shall furnish the Secretary a list
identifying existing and known Utilities affected, together with locations and proposed
adjustments of the same and designate a representative to be responsible for coordinating the
necessary removal or adjustment of Utilities.
(c)
Time of Relocation. The Project Sponsor will expeditiously take such steps as are
necessary to facilitate the early adjustment of any Utilities, initiate the removal or adjustment of
the Utilities, and proceed with reasonable diligence to prosecute this work to completion. The
Project Sponsor shall certify to the Secretary on forms supplied by the Secretary that all Utilities
required to be moved prior to Construction have either been moved or a date provided by the
Project Sponsor as to when, prior to the scheduled Letting and Construction, Utilities will be

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moved. The Project Sponsor shall move or adjust or cause to be moved or adjusted all necessary
Utilities within the time specified in the Project Sponsor’s certified form except those necessary
to be moved or adjusted during Construction and those which would disturb the existing street
surface. The Project Sponsor will initiate and proceed to complete adjusting the remaining
Utilities not required to be moved during Construction so as not to delay the Contractor in
Construction of the Project.
(d)
Permitting of Private Utilities. The Project Sponsor shall certify to the Secretary
all privately owned Utilities occupying public Right of Way required for the Construction of the
Project are permitted at the location by franchise, ordinance, agreement or permit and the
instrument shall include a statement as to which party will bear the cost of future adjustments or
relocations required as a result of street or highway improvements.
(e)
Indemnification. To the extent permitted by law and the Kansas Tort Claims Act
(K.S.A. § 75-6101, et seq.), the Project Sponsor will indemnify, hold harmless, and save the
Secretary and the Contractor for damages incurred by the Secretary and Contractor because
identified Utilities have not been moved or adjusted timely or accurately.
(f)
Cost of Relocation. Except as provided by state and federal laws, the expense of
the removal or adjustment of the Utilities located on public Right of Way shall be borne by the
owners. The expense of the removal or adjustment of privately owned Utilities located on private
Right of Way or easements shall be borne by the Project Sponsor except as provided by state and
federal laws.
14.
Hazardous Waste within the County’s Jurisdiction. The Project Sponsor agrees to the
following with regard to Hazardous Waste:
(a)
Removal of Hazardous Waste. The Project Sponsor shall locate and be responsible
for remediation and cleanup of any Hazardous Waste discovered within the Project Limits. The
Project Sponsor shall take appropriate action to cleanup and remediate any identified Hazardous
Waste prior to Letting. The Project Sponsor will also investigate all Hazardous Waste discovered
during Construction and shall take appropriate action to cleanup and remediate Hazardous Waste.
The standards to establish cleanup and remediation of Hazardous Waste include, but are not
limited to, federal programs administered by the Environmental Protection Agency, State of
Kansas environmental laws and regulations, and City and County standards where the Hazardous
Waste is located.
(b)
Responsibility for Hazardous Waste Remediation Costs. The Project Sponsor
shall be responsible for all damages, fines or penalties, expenses, fees, claims, and costs incurred
from remediation and cleanup of any Hazardous Waste within the Project Limits which is
discovered prior to Letting or during Construction.
(c)
Hazardous Waste Indemnification. The Project Sponsor shall hold harmless,
defend, and indemnify the Secretary, the Secretary’s agents and employees from all claims,
including contract claims and associated expenses, and from all fines, penalties, fees or costs

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imposed under state or federal laws arising out of or related to any act of omission by the Project
Sponsor in undertaking cleanup or remediation for any Hazardous Waste.
(d)
No Waiver. By signing this Agreement the Project Sponsor has not repudiated,
abandoned, surrendered, waived or forfeited its right to bring any action, seek indemnification or
seek any other form of recovery or remedy against any third party responsible for any Hazardous
Waste on any Right of Way within the Project Limits. The Project Sponsor reserves the right to
bring any action against any third party for any Hazardous Waste on any Right of Way within
the Project Limits.
15.
Inspections. The Project Sponsor is responsible to provide Construction Engineering for
the Project in accordance with the rules and guidelines developed for the current KDOT approved
construction engineering program and in accordance with the current edition of the KDOT Standard
Specifications for State Road and Bridge Construction with Special Provisions and any necessary Project
Special Provisions. The detailed inspection is to be performed by the Project Sponsor or the Consultant.
The Secretary does not undertake for the benefit of the Project Sponsor, Butler, City, the Contractor, the
Consultant or any third party the duty to perform the day-to-day detailed inspection of the Project, or to
catch the Contractor’s errors, omissions, or deviations from the final Design Plans. The Project Sponsor
will require at a minimum all personnel performing Construction Engineering to comply with the high
visibility requirements of the MUTCD, Chapter 6E.02, High-Visibility Safety Apparel. The agreement
for inspection services must contain this requirement as a minimum. The Project Sponsor may require
additional clothing requirements for adequate visibility of personnel.
16.
Traffic Control within the County’s Jurisdiction. The Project Sponsor agrees to the
following with regard to traffic control for the Project:
(a)
Temporary Traffic Control. The Project Sponsor shall provide a temporary traffic
control plan within the Design Plans, which includes the Project Sponsor plan for handling multimodal traffic during Construction, including detour routes and road closings, if necessary, and
installation of alternate or temporary pedestrian accessible paths to pedestrian facilities in the
public Right of Way within the Project Limits. The Project Sponsor’s temporary traffic control
plan must be in conformity with the latest version of the Manual on Uniform Traffic Control
Devices (MUTCD), as adopted by the Secretary, and be in compliance with the American
Disabilities Act of 1990 (ADA) and its implementing regulations at 28 C.F.R. Part 35, and
FHWA rules, regulations, and guidance pertaining to the same. The Secretary or the Secretary’s
authorized representative may act as the Project Sponsor’s agent with full authority to determine
the dates when any road closings will commence and terminate. The Secretary or the Secretary’s
authorized representative shall notify the Project Sponsor of the determinations made pursuant
to this section.
(b)
Permanent Traffic Control. The location, form, and character of informational,
regulatory, and warning signs, of traffic signals and of curb and pavement or other markings
installed or placed by any public authority, or other agency as authorized by K.S.A. § 8-2005,
must conform to the latest version of the MUTCD as adopted by the Secretary.

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(c)
Parking Control. If applicable, the Project Sponsor will control parking of vehicles
on the city streets throughout the length of the Project covered by this Agreement. On-street
parking will be permitted until such time as parking interferes with the orderly flow of traffic
along the street.
(d)
Traffic Movements. The arterial characteristics inherent in the Project require
uniformity in information and regulations to the end that traffic may be safely and expeditiously
served. The Project Sponsor shall adopt and enforce rules and regulations governing traffic
movements as may be deemed necessary or desirable by the Secretary and the FHWA.
17.
Access Control within the County’s Jurisdiction. The Project Sponsor shall maintain
the control of access rights and prohibit the construction or use of any entrances or access points along
the Project within the Project Sponsor’s jurisdiction other than those shown on the final Design Plans
unless prior approval is obtained from the Secretary.
18.
Maintenance within the County’s Jurisdiction. When the Project is completed and
final acceptance is issued, the Project Sponsor will, at its own cost and expense, maintain the Project
within its jurisdiction and will make ample provision each year for such maintenance. If notified by the
State Transportation Engineer of any unsatisfactory maintenance condition, the Project Sponsor will
begin the necessary repairs within thirty (30) days and will prosecute the work continuously until it is
satisfactorily completed.
19.
Remittance of Estimated Share. The Project Sponsor shall deposit with the Secretary
its estimated share of the total Project expenses based upon estimated approved contract quantities. The
Project Sponsor will remit its estimated share by the date indicated on the resolution form Authorization
to Award Contract, Commitment of City/County Funds received by the Project Sponsor from the
Secretary. The date indicated for the Project Sponsor to deposit its estimated share of the total Project
expenses is fifty (50) days after the Letting date.
20.
Payment of Final Billing. If any payment is due to the Secretary, such payment shall be
made within thirty (30) days after receipt of a complete and final billing from the Secretary’s Chief of
Fiscal Services.
21.
Accounting. Upon request by the Secretary and in order to enable the Secretary to report
all costs of the Project to the legislature, the Project Sponsor shall provide the Secretary an accounting
of all actual Non-Participating Costs which are paid directly by the Project Sponsor to any party outside
of the Secretary and all costs incurred by the Project Sponsor not to be reimbursed by the Secretary for
Preliminary Engineering, Right of Way, Utility adjustments, Construction, and Construction
Engineering work phases, or any other major expense associated with the Project.
22.
Project Costs Prior to FHWA Approval. The Project Sponsor agrees to be
responsible for one hundred percent (100%) of any Project costs incurred by the Project Sponsor for the
Project prior to the funding for the Project being authorized, obligated, and approved by the FHWA.
23.
Compliance with Laws. The Project Sponsor shall comply with all local, state, and
Federal laws and regulations relating to the performance of this Agreement. Furthermore, the Project

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Agreement No. 140-26
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Sponsor shall not perform any act, fail to perform any act, or refuse to comply with any requests which
would cause KDOT to be in violation of the FHWA terms and conditions.
24.
Restricted Funding Source. The Project Sponsor acknowledges and understands
Secretary’s share of the Project’s total, actual, and eligible costs will be funded through federal aid. The
Secretary does not assume any liability in connection with the Project. The Project Sponsor shall
reimburse the Secretary for any funds approved for this Project and expended by the Secretary for which
the Secretary is not reimbursed by the Federal Government.
25.
Cancellation by Project Sponsor. If the Project Sponsor cancels the Project, it will
reimburse the Secretary for any costs incurred by the Secretary prior to the cancellation of the Project.
The Project Sponsor agrees to reimburse the Secretary within thirty (30) days after receipt by the Project
Sponsor of the Secretary’s statement of cost incurred by the Secretary prior to the cancellation of the
Project.
ARTICLE V
BUTLER COUNTY RESPONSIBILITIES:
1.
Legal Authority. By signature on this Agreement, the signatory certifies that the
signatory has legal and actual authority as representative and agent for Butler to enter into this Agreement
on its behalf. Butler agrees to adopt all necessary ordinances or resolutions, and to take any
administrative and/or legal steps as may be required to give full effect to the terms of this Agreement.
However, Butler is not bound to take any action which Butler deems is not consistent with good
governance or otherwise detrimental to Butler.
2.
Project Authorization. Butler authorizes and agrees to the Project and Butler will
coordinate and cooperate with the Secretary and the Project Sponsor to take all steps reasonable and
necessary to complete the Project.
3.
Use of County Right of Way. Butler grants the Secretary and the Project Sponsor the
right to enter upon Butler Right of Way as needed for Project purposes including, but not limited to,
design, Construction, and maintenance, as reasonably determined by the Secretary.
4.
Authorization of Signatory. Butler shall authorize a duly appointed representative to
sign for Butler any or all routine reports as may be required or requested by the Secretary in the
completion of the Project.
5.
Right of Way within County’s Jurisdiction. Butler agrees to the following with regard
to Right of Way:
(a)
Right of Way Acquisition. Butler will, in its own name, as provided by law,
acquire by purchase, dedication or condemnation all the Right of Way shown on the final Design
Plans in accordance with the schedule established by KDOT. Butler agrees the necessary Right
of Way shall be acquired in compliance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 as amended by the Surface Transportation and

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Agreement No. 140-26
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Bureau of Local Projects
Uniform Relocation Assistance Act of 1987, and administrative regulations contained in 49
C.F.R. Part 24, entitled Uniform Relocation Assistance and Real Property Acquisition for Federal
and Federally Assisted Programs. Butler shall certify to the Secretary, on forms provided by the
KDOT’s Bureau of Local Projects, such Right of Way has been acquired. Butler further agrees
it will have recorded in the Office of the Register of Deeds all Right of Way, deeds, dedications,
permanent easements, and temporary easements.
(b)
Right of Way Documentation. Butler will provide all legal descriptions required
for Right of Way acquisition work. Right of Way descriptions must be signed and sealed by a
licensed land surveyor responsible for the preparation of the Right of Way descriptions. Butler
further agrees to acquire Right of Way in accordance with the laws and with procedures
established by KDOT’s Bureau of Right of Way and the Office of Chief Counsel and as required
by FHWA directives for the participation of federal funds in the cost of the Project. Butler agrees
copies of all documents, including recommendations and coordination for appeals, bills,
contracts, journal entries, case files, or documentation requested by the Office of Chief Counsel
will be delivered within the time limits set by the Secretary.
(c)
Relocation Assistance. Butler will contact the Secretary if there will be any
displaced person on the Project prior to making the offer for the property. The Parties mutually
agree Butler will undertake the relocation for eligible persons as defined in the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended by the
Surface Transportation and Uniform Relocation Assistance Act of 1987, and as provided in 49
C.F.R. Part 24, entitled Uniform Relocation Assistance and Real Property Acquisition for Federal
and Federally Assisted Programs, and in general accordance with K.S.A. §§ 58-3501 to 58-3507,
inclusive, and Kansas Administrative Regulations 36-16-1, et seq. The Secretary will provide
information, guidance, and oversight to Butler for any relocations required by the Project.
(d)
Non-Highway Use of Right of Way. Except as otherwise provided, all Right of
Way provided for the Project shall be used solely for public street purposes. Any disposal of or
change in the use of Right of Way or in access after Construction of the Project will require prior
written approval by the Secretary.
(e)
Use of Right of Way. The Project Sponsor shall have the right to utilize any land
owned or controlled by Butler, lying inside or outside the jurisdiction of Butler as shown on the
final Design Plans, for the purpose of constructing the Project.
6.
Removal of Encroachments within County’s Jurisdiction. Butler shall initiate and
proceed with diligence to remove or require the removal of all Encroachments either on or above the
limits of the Right of Way within its jurisdiction as shown on the final Design Plans for this Project. It
is further agreed all such Encroachments will be removed before the Project is advertised for Letting;
except the Secretary may permit the Project to be advertised for Letting before such Encroachment is
fully removed if the Secretary determines Butler and the owner of the Encroachment have fully provided
for the physical removal of the Encroachment and such removal will be accomplished within a time
sufficiently short to present no hindrance or delay to the Construction of the Project.

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Agreement No. 140-26
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Bureau of Local Projects
7.
Future Encroachments within County’s Jurisdiction. Except as provided by state and
federal laws, Butler agrees it will not in the future permit Encroachments upon the Right of Way of the
Project, and specifically will require any gas and fuel dispensing pumps erected, moved, or installed
along the Project be placed a distance from the Right of Way line no less than the distance permitted by
the National Fire Code.
8.

Utilities. Butler agrees to the following with regard to Utilities within its jurisdiction:

(a)
Utility Relocation. Butler will move or adjust, or cause to be moved or adjusted,
and will be responsible for such removal or adjustment of all existing Utilities necessary to
construct the Project in accordance with the final Design Plans. New or existing Utilities to be
installed, moved, or adjusted will be located or relocated in accordance with the current version
of the KDOT Utility Accommodation Policy (UAP), as amended or supplemented.
(b)
Status of Utilities. Butler shall furnish the Secretary a list identifying existing and
known Utilities affected, together with locations and proposed adjustments of the same and
designate a representative to be responsible for coordinating the necessary removal or adjustment
of Utilities.
(c)
Time of Relocation. Butler will expeditiously take such steps as are necessary to
facilitate the early adjustment of any Utilities, initiate the removal or adjustment of the Utilities,
and proceed with reasonable diligence to prosecute this work to completion. Butler shall certify
to the Secretary on forms supplied by the Secretary that all Utilities required to be moved prior
to Construction have either been moved or a date provided by the City as to when, prior to the
scheduled Letting and Construction, Utilities will be moved. Butler shall move or adjust or cause
to be moved or adjusted all necessary Utilities within the time specified in Butler’s certified form
except those necessary to be moved or adjusted during Construction and those which would
disturb the existing street surface. Butler will initiate and proceed to complete adjusting the
remaining Utilities not required to be moved during Construction so as not to delay the Contractor
in Construction of the Project.
(d)
Permitting of Private Utilities. Butler shall certify to the Secretary all privately
owned Utilities occupying public Right of Way required for the Construction of the Project are
permitted at the location by franchise, ordinance, agreement or permit and the instrument shall
include a statement as to which party will bear the cost of future adjustments or relocations
required as a result of street or highway improvements.
(e)
Indemnification. To the extent permitted by law and the Kansas Tort Claims Act
(K.S.A. § 75-6101, et seq.), Butler will indemnify, hold harmless, and save the Secretary, the
City, and the Contractor for damages incurred by the Secretary, the City, and Contractor because
identified Utilities have not been moved or adjusted timely or accurately.
(f)
Cost of Relocation. Except as provided by state and federal laws, the expense of
the removal or adjustment of the Utilities located on public Right of Way shall be borne by the
owners. The expense of the removal or adjustment of privately owned Utilities located on private
Right of Way or easements shall be borne by Butler except as provided by state and federal laws.

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Agreement No. 140-26
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Bureau of Local Projects
9.
Hazardous Waste within County’s Jurisdiction. Butler agrees to the following with
regard to Hazardous Waste:
(a)
Removal of Hazardous Waste. Butler shall locate and be responsible for
remediation and cleanup of any Hazardous Waste discovered within the Project Limits. Butler
shall take appropriate action to cleanup and remediate any identified Hazardous Waste prior to
Letting. Butler will also investigate all Hazardous Waste discovered during Construction and
shall take appropriate action to cleanup and remediate Hazardous Waste. The standards to
establish cleanup and remediation of Hazardous Waste include, but are not limited to, federal
programs administered by the Environmental Protection Agency, State of Kansas environmental
laws and regulations, and City and Butler standards where the Hazardous Waste is located.
(b)
Responsibility for Hazardous Waste Remediation Costs. Butler shall be
responsible for all damages, fines or penalties, expenses, fees, claims, and costs incurred from
remediation and cleanup of any Hazardous Waste within the Project Limits which is discovered
prior to Letting or during Construction.
(c)
Hazardous Waste Indemnification. Butler shall hold harmless, defend, and
indemnify the Secretary and the Secretary’s agents and employees from all claims, including
contract claims and associated expenses, and from all fines, penalties, fees or costs imposed under
state or federal laws arising out of or related to any act of omission by Butler in undertaking
cleanup or remediation for any Hazardous Waste.
(d)
No Waiver. By signing this Agreement, Butler has not repudiated, abandoned,
surrendered, waived or forfeited its right to bring any action, seek indemnification or seek any
other form of recovery or remedy against any third party responsible for any Hazardous Waste
on any Right of Way within the Project Limits. Butler reserves the right to bring any action
against any third party for any Hazardous Waste on any Right of Way within the Project Limits.
10.
Inspections. The Secretary does not undertake for the benefit of Butler, City, Project
Sponsor, the Contractor, the Consultant, or any third party the duty to perform the day-to-day detailed
inspection of the Project, or to catch the Contractor’s errors, omissions, or deviations from the final
Design Plans.
11.
Traffic Control within County’s Jurisdiction. Butler agrees to the following with
regard to traffic control for the Project:
(a)
Temporary Traffic Control. Sedgwick shall provide a temporary traffic control
plan within the Design Plans, which includes the City’s plan for handling multi-modal traffic
during Construction, including detour routes and road closings, if necessary, and installation of
alternate or temporary pedestrian accessible paths to pedestrian facilities in the public Right of
Way within the Project Limits. The Secretary or the Secretary’s authorized representative may
act as Butler’s agent with full authority to determine the dates when any road closings will
commence and terminate. The Secretary or the Secretary’s authorized representative shall notify
Butler of the determinations made pursuant to this section.

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Agreement No. 140-26
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Bureau of Local Projects
(b)
Permanent Traffic Control. The location, form, and character of informational,
regulatory, and warning signs, of traffic signals and of curb and pavement or other markings
installed or placed by any public authority, or other agency as authorized by K.S.A. § 8-2005,
must conform to the latest version of the MUTCD as adopted by the Secretary.
(c)
Parking Control. If applicable, Butler will control parking of vehicles on Butler
roads throughout the length of the Project covered by this Agreement. On-street parking will be
permitted until such time as parking interferes with the orderly flow of traffic along the street.
(d)
Traffic Movements. The arterial characteristics inherent in the Project require
uniformity in information and regulations to the end that traffic may be safely and expeditiously
served. Butler shall adopt and enforce rules and regulations governing traffic movements as may
be deemed necessary or desirable by the Secretary and the FHWA.
12.
Access Control within County’s Jurisdiction. Butler will maintain the control of access
rights and prohibit the construction or use of any entrances or access points along the Project within its
jurisdiction other than those shown on the final Design Plans unless prior approval is obtained from the
Secretary.
13.
Maintenance within County’s Jurisdiction. When the Project is completed and final
acceptance is issued, Butler shall, at its own cost and expense, maintain the Project within its jurisdiction
and will make ample provision each year for such maintenance. If notified by the State Transportation
Engineer of any unsatisfactory maintenance condition, Butler will begin the necessary repairs within
thirty (30) days and will prosecute the work continuously until it is satisfactorily completed.
14.
Compliance with Laws. Butler shall comply with all local, state, and Federal laws and
regulations relating to the performance of this Agreement. Furthermore, Butler shall not perform any
act, fail to perform any act, or refuse to comply with any requests which would cause KDOT to be in
violation of the FHWA terms and conditions.
15.
General Indemnification. To the extent permitted by law and subject to the Kansas Tort
Claims Act (K.S.A. § 75-6101, et seq.) as applicable, Butler will defend, indemnify, hold harmless, and
save the Project Sponsor, the Project Sponsor’s authorized representatives, the Secretary, and the
Secretary’s authorized representatives from any and all costs, liabilities, expenses, suits, judgments,
damages to persons or property, or claims of any nature whatsoever arising out of or in connection with
the provisions or performance of this Agreement by Butler, Butler’s employees, agents, subcontractors
or its consultants. Butler shall not be required to defend, indemnify, or hold the City or Secretary
harmless for negligent acts or omissions of the City or Secretary or the Secretary’s authorized
representatives or employees.
16.
Restricted Funding Source. Butler acknowledges and understands Secretary’s share of
the Project’s total, actual, and eligible costs will be funded through federal aid. The Secretary does not
assume any liability in connection with the Project.

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
ARTICLE VI
CITY OF ROSE HILL RESPONSIBILITIES:
1.
Legal Authority. By signature on this Agreement, the signatory certifies that the
signatory has legal and actual authority as representative and agent for City to enter into this Agreement
on its behalf. City agrees to adopt all necessary ordinances or resolutions, and to take any administrative
and/or legal steps as may be required to give full effect to the terms of this Agreement. However, City
is not bound to take any action which City deems is not consistent with good governance or otherwise
detrimental to City.
2.
Project Authorization. City authorizes and agrees to the Project and City will coordinate
and cooperate with the Secretary and the City to take all steps reasonable and necessary to complete the
Project.
3.
Use of City Right of Way. City grants the Secretary and the City the right to enter upon
City Right of Way as needed for Project purposes including, but not limited to, design, Construction,
and maintenance, as reasonably determined by the Secretary.
4.
Authorization of Signatory. City shall authorize a duly appointed representative to sign
for City any or all routine reports as may be required or requested by the Secretary in the completion of
the Project.
5.
Right of Way within City’s Jurisdiction. City agrees to the following with regard to
Right of Way:
(a)
Right of Way Acquisition. City will, in its own name, as provided by law, acquire
by purchase, dedication or condemnation all the Right of Way shown on the final Design Plans
in accordance with the schedule established by KDOT. City agrees the necessary Right of Way
shall be acquired in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as amended by the Surface Transportation and Uniform
Relocation Assistance Act of 1987, and administrative regulations contained in 49 C.F.R. Part
24, entitled Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs. City shall certify to the Secretary, on forms provided by the
KDOT’s Bureau of Local Projects, such Right of Way has been acquired. City further agrees it
will have recorded in the Office of the Register of Deeds all Right of Way, deeds, dedications,
permanent easements, and temporary easements.
(b)
Right of Way Documentation. City will provide all legal descriptions required for
Right of Way acquisition work. Right of Way descriptions must be signed and sealed by a
licensed land surveyor responsible for the preparation of the Right of Way descriptions. City
further agrees to acquire Right of Way in accordance with the laws and with procedures
established by KDOT’s Bureau of Right of Way and the Office of Chief Counsel and as required
by FHWA directives for the participation of federal funds in the cost of the Project. City agrees
copies of all documents, including recommendations and coordination for appeals, bills,

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
contracts, journal entries, case files, or documentation requested by the Office of Chief Counsel
will be delivered within the time limits set by the Secretary.
(c)
Relocation Assistance. City will contact the Secretary if there will be any
displaced person on the Project prior to making the offer for the property. The Parties mutually
agree City will undertake the relocation for eligible persons as defined in the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Surface
Transportation and Uniform Relocation Assistance Act of 1987, and as provided in 49 C.F.R.
Part 24, entitled Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs, and in general accordance with K.S.A. §§ 58-3501 to 58-3507,
inclusive, and Kansas Administrative Regulations 36-16-1, et seq. The Secretary will provide
information, guidance, and oversight to City for any relocations required by the Project.
(d)
Non-Highway Use of Right of Way. Except as otherwise provided, all Right of
Way provided for the Project shall be used solely for public street purposes. Any disposal of or
change in the use of Right of Way or in access after Construction of the Project will require prior
written approval by the Secretary.
(e)
Use of Right of Way. The City shall have the right to utilize any land owned or
controlled by City, lying inside or outside the jurisdiction of City as shown on the final Design
Plans, for the purpose of constructing the Project.
6.
Removal of Encroachments within City’s Jurisdiction. City shall initiate and proceed
with diligence to remove or require the removal of all Encroachments either on or above the limits of
the Right of Way within its jurisdiction as shown on the final Design Plans for this Project. It is further
agreed all such Encroachments will be removed before the Project is advertised for Letting; except the
Secretary may permit the Project to be advertised for Letting before such Encroachment is fully removed
if the Secretary determines City and the owner of the Encroachment have fully provided for the physical
removal of the Encroachment and such removal will be accomplished within a time sufficiently short to
present no hindrance or delay to the Construction of the Project.
7.
Future Encroachments within City’s Jurisdiction. Except as provided by state and
federal laws, City agrees it will not in the future permit Encroachments upon the Right of Way of the
Project, and specifically will require any gas and fuel dispensing pumps erected, moved, or installed
along the Project be placed a distance from the Right of Way line no less than the distance permitted by
the National Fire Code.
8.

Utilities. City agrees to the following with regard to Utilities within its jurisdiction:

(a)
Utility Relocation. City will move or adjust, or cause to be moved or adjusted,
and will be responsible for such removal or adjustment of all existing Utilities necessary to
construct the Project in accordance with the final Design Plans. New or existing Utilities to be
installed, moved, or adjusted will be located or relocated in accordance with the current version
of the KDOT Utility Accommodation Policy (UAP), as amended or supplemented.

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
(b)
Status of Utilities. City shall furnish the Secretary a list identifying existing and
known Utilities affected, together with locations and proposed adjustments of the same and
designate a representative to be responsible for coordinating the necessary removal or adjustment
of Utilities.
(c)
Time of Relocation. City will expeditiously take such steps as are necessary to
facilitate the early adjustment of any Utilities, initiate the removal or adjustment of the Utilities,
and proceed with reasonable diligence to prosecute this work to completion. City shall certify to
the Secretary on forms supplied by the Secretary that all Utilities required to be moved prior to
Construction have either been moved or a date provided by the City as to when, prior to the
scheduled Letting and Construction, Utilities will be moved. City shall move or adjust or cause
to be moved or adjusted all necessary Utilities within the time specified in City’s certified form
except those necessary to be moved or adjusted during Construction and those which would
disturb the existing street surface. City will initiate and proceed to complete adjusting the
remaining Utilities not required to be moved during Construction so as not to delay the Contractor
in Construction of the Project.
(d)
Permitting of Private Utilities. City shall certify to the Secretary all privately
owned Utilities occupying public Right of Way required for the Construction of the Project are
permitted at the location by franchise, ordinance, agreement or permit and the instrument shall
include a statement as to which party will bear the cost of future adjustments or relocations
required as a result of street or highway improvements.
(e)
Indemnification. To the extent permitted by law and the Kansas Tort Claims Act
(K.S.A. § 75-6101, et seq.), City will indemnify, hold harmless, and save the Secretary, the City,
and the Contractor for damages incurred by the Secretary, the City, and Contractor because
identified Utilities have not been moved or adjusted timely or accurately.
(f)
Cost of Relocation. Except as provided by state and federal laws, the expense of
the removal or adjustment of the Utilities located on public Right of Way shall be borne by the
owners. The expense of the removal or adjustment of privately owned Utilities located on private
Right of Way or easements shall be borne by City except as provided by state and federal laws.
9.
Hazardous Waste within City’s Jurisdiction. City agrees to the following with regard
to Hazardous Waste:
(a)
Removal of Hazardous Waste. City shall locate and be responsible for remediation
and cleanup of any Hazardous Waste discovered within the Project Limits. City shall take
appropriate action to cleanup and remediate any identified Hazardous Waste prior to Letting. City
will also investigate all Hazardous Waste discovered during Construction and shall take
appropriate action to cleanup and remediate Hazardous Waste. The standards to establish cleanup
and remediation of Hazardous Waste include, but are not limited to, federal programs
administered by the Environmental Protection Agency, State of Kansas environmental laws and
regulations, and City and City standards where the Hazardous Waste is located.

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Agreement No. 140-26
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(b)
Responsibility for Hazardous Waste Remediation Costs. City shall be responsible
for all damages, fines or penalties, expenses, fees, claims, and costs incurred from remediation
and cleanup of any Hazardous Waste within the Project Limits which is discovered prior to
Letting or during Construction.
(c)
Hazardous Waste Indemnification. City shall hold harmless, defend, and
indemnify the Secretary and the Secretary’s agents and employees from all claims, including
contract claims and associated expenses, and from all fines, penalties, fees or costs imposed under
state or federal laws arising out of or related to any act of omission by City in undertaking cleanup
or remediation for any Hazardous Waste.
(d)
No Waiver. By signing this Agreement, City has not repudiated, abandoned,
surrendered, waived or forfeited its right to bring any action, seek indemnification or seek any
other form of recovery or remedy against any third party responsible for any Hazardous Waste
on any Right of Way within the Project Limits. City reserves the right to bring any action against
any third party for any Hazardous Waste on any Right of Way within the Project Limits.
10.
Inspections. The Secretary does not undertake for the benefit of the City, Butler, Project
Sponsor, the Contractor, the Consultant, or any third party the duty to perform the day-to-day detailed
inspection of the Project, or to catch the Contractor’s errors, omissions, or deviations from the final
Design Plans.
11.
Traffic Control within City’s Jurisdiction. City agrees to the following with regard to
traffic control for the Project:
(a)
Temporary Traffic Control. Sedgwick shall provide a temporary traffic control
plan within the Design Plans, which includes the City’s plan for handling multi-modal traffic
during Construction, including detour routes and road closings, if necessary, and installation of
alternate or temporary pedestrian accessible paths to pedestrian facilities in the public Right of
Way within the Project Limits. The Secretary or the Secretary’s authorized representative may
act as City’s agent with full authority to determine the dates when any road closings will
commence and terminate. The Secretary or the Secretary’s authorized representative shall notify
City of the determinations made pursuant to this section.
(b)
Permanent Traffic Control. The location, form, and character of informational,
regulatory, and warning signs, of traffic signals and of curb and pavement or other markings
installed or placed by any public authority, or other agency as authorized by K.S.A. § 8-2005,
must conform to the latest version of the MUTCD as adopted by the Secretary.
(c)
Parking Control. If applicable, City will control parking of vehicles on City roads
throughout the length of the Project covered by this Agreement. On-street parking will be
permitted until such time as parking interferes with the orderly flow of traffic along the street.
(d)
Traffic Movements. The arterial characteristics inherent in the Project require
uniformity in information and regulations to the end that traffic may be safely and expeditiously

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
served. City shall adopt and enforce rules and regulations governing traffic movements as may
be deemed necessary or desirable by the Secretary and the FHWA.
12.
Access Control within City’s Jurisdiction. City will maintain the control of access
rights within its jurisdiction and prohibit the construction or use of any entrances or access points along
the Project within its jurisdiction other than those shown on the final Design Plans unless prior approval
is obtained from the Secretary.
13.
Maintenance within City’s Jurisdiction. When the Project is completed and final
acceptance is issued, City shall, at its own cost and expense, maintain the Project within its jurisdiction
and will make ample provision each year for such maintenance. If notified by the State Transportation
Engineer of any unsatisfactory maintenance condition, City will begin the necessary repairs within thirty
(30) days and will prosecute the work continuously until it is satisfactorily completed.
14.
Compliance with Laws. City shall comply with all local, state, and Federal laws and
regulations relating to the performance of this Agreement. Furthermore, City shall not perform any act,
fail to perform any act, or refuse to comply with any requests which would cause KDOT to be in violation
of the FHWA terms and conditions.
15.
General Indemnification. To the extent permitted by law and subject to the Kansas Tort
Claims Act (K.S.A. § 75-6101, et seq.) as applicable, City will defend, indemnify, hold harmless, and
save the Project Sponsor, the Project Sponsor’s authorized representatives, the Secretary, and the
Secretary’s authorized representatives from any and all costs, liabilities, expenses, suits, judgments,
damages to persons or property, or claims of any nature whatsoever arising out of or in connection with
the provisions or performance of this Agreement by City, City’s employees, agents, subcontractors or its
consultants. City shall not be required to defend, indemnify, or hold the City or Secretary harmless for
negligent acts or omissions of the City or Secretary or the Secretary’s authorized representatives or
employees.
16.
Restricted Funding Source. City acknowledges and understands Secretary’s share of
the Project’s total, actual, and eligible costs will be funded through federal aid. The Secretary does not
assume any liability in connection with the Project.
ARTICLE VII
SPECIAL TRANSPORTATION ENHANCEMENT REQUIREMENTS:
1.
No 4(f) Status. It is the Parties’ intention that neither this Agreement nor the Project
create or expand the status of any land involved in this Project as a “significant publicly owned public
park, recreation area, or wildlife and waterfowl refuge, or any significant historic site,” for purposes of
49 U.S.C. § 303 and 23 C.F.R. § 771.135 (“4(f) status”), except as otherwise modified by this Agreement.
(a)
Transportation Alternatives. Unless otherwise stated below in this section, the
Parties agree the major purposes or functions of land involved in the Project are to preserve or
enhance the scenic, historic, environmental, or archeological aspects, or the usefulness for
intermodal users (including bicyclists, pedestrians, and other non-motorized transportation users)
of existing or new transportation facilities. It is further agreed any park, recreation or refuge
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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
purposes or functions are secondary or incidental for purposes of 49 U.S.C. § 303 and 23 C.F.R.
771.135. Exceptions: NONE.
(b)
4(f) Determinations. The Parties agree for purposes of any future determinations
of 4(f) status issues as required by 49 U.S.C. § 303 or applicable regulations the Secretary is
hereby designated as the public official having jurisdiction of such determinations. However, it
is not the intent of this section to affect the determination of whether a historic or archaeological
site is on or eligible for inclusion on the National Register of Historic Places.
2.

Useful Life.

(a)
Useful Life Period. The Parties agree the Useful Life Period of the Project is
twenty (20) years, commencing on the date the Secretary gives notice of final acceptance of the
Project.
(b)
Insurance. If the Project includes improvements to a building, the Project Sponsor
will purchase and maintain insurance for property damage to the building continuously during
the Useful Life Period of the Project in an amount equal to or in excess of the federal funds
expended on the Project.
(c)
Change in Public Use. After the Project is completed and during the entire Useful
Life Period, any change in the public use of the real property for the Project will require written
approval from the Secretary with FHWA concurrence.
(d)

Recapture of Federal Investment.
(i)
During the first ten (10) years of the Useful Life Period, if the Project is
not used for the purpose set forth in this Agreement or other use approved by the
Secretary and the FHWA under subparagraph (c) above, then the Project Sponsor
shall pay to the Secretary 100% of the federal funds invested in the Project.
(ii)
Following the first ten (10) years of the Useful Life Period and until the
Useful Life Period expires, if the Project is not used for the purpose set forth in
this Agreement or other use approved by the Secretary and the FHWA under
subparagraph (c) above, then the Project Sponsor shall pay to the Secretary as
recapture of federal funds invested in the Project an amount, which will be
determined according to the following formula:

Total Amount
of Federal Funds Invested in the Project
x
Entire Useful Life Period
for the Project

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Number of Full Years
Remaining in the Useful
Life Period at the time of
unauthorized change in use

Recapture
= Amount

51

Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
(iii) Any payments due to the Secretary pursuant to this subparagraph (d) shall
be made within ninety (90) days after receipt of billing from the Secretary’s Chief
of Fiscal Services.
ARTICLE VIII
GENERAL FEDERAL REQUIREMENTS:
1.
Anti-Lobbying. If the total value of this agreement exceeds $100,000.00, a Certification
for Federal Aid Contracts and Accompanying Disclosure of Lobbying Activities Attachment will
be attached and made a part of this Agreement. Such certification must state the recipient of the federal
grant will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose
any lobbying with non–Federal funds that takes place in connection with obtaining any Federal award. 2
C.F.R. § Pt. 200, App. II.
2.
FHWA Approval. This Agreement is subject to the approval of the Federal Highway
Administration (FHWA).
3.
Debarment & Suspension. If the total value of this Agreement exceeds $25,000.00, this
Agreement is a covered transaction for purposes of 2 C.F.R. Parts 180 and 1200. Therefore, the LPA is
required to verify that neither it nor its principals or agents is presently debarred, suspended, proposed
for debarment, declared ineligible, disqualified, or voluntarily excluded from participation in this
transaction by any federal department or agency. A Certification as to Current History Regarding
Debarment, Eligibility, Indictments, Convictions, or Civil Judgments Attachment will be attached
to and made a part of this Agreement. 2 C.F.R. § 200.213.
4.
Davis-Bacon Act Requirements. As provided at 23 U.S.C. 133(i), all projects funded
with STBG funding, notwithstanding any other provision of law, shall be treated as located on a
Federal-aid highway. Accordingly, 23 U.S.C 113 applies, and Davis-Bacon wage rates must be paid. In
general, Davis-Bacon requires that all laborers and mechanics employed by the applicant,
subrecipients, contractors or subcontractors in the performance of construction, alteration, or repair
work on an award or project in excess of $2000 funded directly by or assisted in whole or in part by
funds made available under STBG shall be paid wages at rates not less than those prevailing on similar
projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA). For
additional guidance on how to comply with DBA provisions and clauses, see
https://www.dol.gov/agencies/whd/government-contracts/construction and
https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-construction. See
also https://www.fhwa.dot.gov/construction/cqit/dbacon.cfm.
5.
System for Award Management. The Project Sponsor has registered with the System
for Award Management (http://www.sam.gov), which provides a Unique Entity Identifier (SAM). The
Project Sponsor shall maintain such registration at all times during which it has active federal awards.

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Agreement No. 140-26
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6.
Buy America Compliance. The Parties agree to comply with the Buy America
requirements of 23 CFR § 635.410, as applicable, when purchasing items using Federal funds under this
Agreement. Buy America requires the Parties to purchase only steel and iron produced in the United
States, unless a waiver has been granted by FHWA or the product is subject to a general waiver. Costs
for applicable materials which are not certified either compliant or under waiver will not be reimbursed.
Buy America requirements apply to all contractors/subcontractors and should be incorporated through
appropriate contract provisions as needed.
7.
Prohibition on Certain Technologies. All Parties agree that they will comply with 2
CFR § 200.216 and 2 CFR § 200.471 regulations. Such regulations provide that recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to 1) procure
or obtain; 2) extend or renew a contract to procure or obtain, or; 3) or enter into a contract to procure or
obtain telecommunication or video surveillance equipment, services, or systems produced by: Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); and Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary or affiliate of such entities). Any expenditures for such
telecommunication or video surveillance equipment, services or systems are unallowable costs and will
not be reimbursed.
8.
Audit. All local governmental units, state agencies or instrumentalities, non-profit
Organizations, institutions of higher education and Indian Tribal governments shall comply with
Federal-Aid Transportation Act and the requirements of 2 C.F.R. Part 200, “Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards” (commonly known as the
“Supercircular”). Further, the Project Sponsor agrees to the following provisions:
(a)
Audit. It is the policy of the Secretary to make any final payments to the Project
Sponsor for services related to the Project in a timely manner. The Audit Standards set forth in 2
C.F.R. Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards,” and specifically the requirements in Subpart F, 2 C.F.R. §
200.500, et seq. require either a single or program specific audit be performed by an independent
certified public accountant in accordance with these standards. All information audited and audit
standards and procedures shall comply with 2 C.F.R. § 200.500, et seq.
(b)
Audit Report. The Secretary may pay any final amount due for the authorized
work performed based upon the Project Sponsor’s most recent Single or Program Specific Audit
Report “(Audit Report”) available and a desk review of the claim by the Contract Audit Section
of KDOT’s Bureau of Fiscal Services. The Project Sponsor, by executing this Agreement,
acknowledges the final payment is subject to all single or program specific audits which cover
the time period of the expenses being claimed for reimbursement. The Parties agree once the
Audit Report becomes available for the reimbursement period (normally should occur within a
period of 1-2 years), the Secretary will review the Audit Report for items which are declared as
not eligible for reimbursement. The Project Sponsor agrees to refund payment made by the
Secretary to the Project Sponsor for items subsequently found to be not eligible for
reimbursement by audit.

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
(c)
Agency Audit. The Secretary and/or the FHWA may request, in their sole
discretion, to conduct an audit of the Project. Upon the request of the Secretary and/or the FHWA
for an audit, the Project Sponsor will participate and cooperate in the audit and shall make its
records and books available to representatives of the requesting agency for a period of five (5)
years after date of final payment under this Agreement. If the audit reveals payments have been
made with federal funds by the Project Sponsor for items considered Non-Participating Costs,
the Project Sponsor shall promptly reimburse the Secretary for such items upon notification by
the Secretary.
ARTICLE IX
GENERAL PROVISIONS:
1.
Incorporation of Design Plans. The final Design Plans for the Project are by this
reference made a part of this Agreement.
2.
Amendments. Any change in this Agreement, whether by modification and/or
supplementation must be accomplished by a formal contract amendment or supplement signed and
approved by the duly authorized representatives of the Project Sponsor and the Secretary.
3.
City Ordinances. The Secretary is not required to follow any City or County zoning
ordinances in the Design, Construction, or maintenance of the Project.
4.
Interlocal Public Authority Maintenance Agreement. Nothing in this Agreement is
intended to preclude the Public Sponsor, Butler, or the City from entering into a separate maintenance
agreement to maintain the Project after completion.
5.
Civil Rights Act. The Civil Rights Attachment pertaining to the implementation of the
Civil Rights Act of 1964, is attached and made a part of this Agreement.
6.
Contractual Provisions. The provisions found in the current version of the Contractual
Provisions Attachment (Form DA-146a), which is attached, are hereby incorporated into and made a
part of this Agreement.
7.
Headings. All headings in this Agreement have been included for convenience of
reference only and are not to be deemed to control or affect the meaning or construction or the provisions
herein.
8.
Termination. If, in the judgment of the Secretary, sufficient funds are not appropriated
to continue the function performed in this Agreement and for the payment of the charges hereunder, the
Secretary may terminate this Agreement at the end of its current fiscal year. The Secretary will participate
in all costs approved by the Secretary incurred prior to the termination of the Agreement.
9.
Binding Agreement. This Agreement and all contracts entered into under the provisions
of this Agreement shall be binding upon the Parties and their successors in office.

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
10.
No Third-Party Beneficiaries. No third-party beneficiaries are intended to be created by
this Agreement and nothing in this Agreement authorizes third parties to maintain a suit for damages
pursuant to the terms or provisions of this Agreement.
11.
Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same agreement.
12.
Severability. If any provision of this Agreement or any attachment hereto is held invalid,
the invalidity does not affect other provisions which can be given effect without the invalid provision,
and to this end the provisions of this Agreement are severable.

IN WITNESS WHEREOF the Parties have caused this Agreement to be signed by their duly
authorized officers as of the Effective Date.

PROJECT SPONSOR:
ATTEST:

SEDGWICK COUNTY, KANSAS

_______________________________
County Clerk
(Date)

________________________________________
Jeff Blubaugh, Chairman
(Date)

(SEAL)
________________________________________
Lynn T. Packer, P.E.,
Director Sedgwick County Public Works /
County Engineer

________________________________________
Armand Shukaev,
Assistant County Counselor, Sedgwick County

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
ATTEST:

County Clerk

BUTLER COUNTY, KANSAS

(Date)

Board of County Commissioners Chairperson

(SEAL)
Board Member

Board Member

Board Member

Board Member

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
ATTEST:

CITY CLERK

CITY OF ROSE HILL, KANSAS

(Date)

MAYOR

(SEAL)

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Agreement No. 140-26
Project No. 106 N-0854-01
Bureau of Local Projects
Kansas Department of Transportation
Secretary of Transportation

By:
Greg M. Schieber, P.E.
Deputy Secretary and
State Transportation Engineer

(Date)

Approved as to form:

INDEX OF ATTACHMENTS
☒ Certification for Federal Aid Contracts and Accompanying Disclosure of Lobbying Activities
☒ Certification as to Current History Regarding Debarment, Eligibility, Indictments, Convictions, or Civil
Judgments
☒ Civil Rights Act
☒ Contractual Provisions Attachment (DA-146a)
*Note – If left unchecked, then inapplicable.

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58

Federal Funds Lobbying Certification Attachment
Required Contract Provision
Definitions

1.

2.
3.
4.
5.

Designated Entity: An officer or employee of any agency, a Member of Congress or any state legislature, an
officer or employee of Congress or any state legislature, or an employee of a Member of Congress or any state
legislature
Federal Grant: An award of financial assistance by the Federal government (Federal Aid Highway Program is
considered a grant program)
Influencing (or attempt): Making, with the intent to influence, any communication to or appearance before any
designated entity in connection with the making of any Federal grant
Person: An individual, corporation, company, association, authority, firm, partnership, society, state or local
government
Recipient: All contractors, subcontractors or subgrantees, at any tier, of the recipient of fund received in connection
with a Federal grant.

Explanation
As of December 23, 1989, Title 31 U.S.C. (new) Section 1352 limits the use of appropriated Federal funds to influence
Federal contracting. Under this new section no appropriated funds may be used by the recipient of a Federal grant to pay
any person to influence or attempt to influence a designated entity in connection with the naming of a Federal grant or the
extension, renewal, amendment or modification of any grant. These restrictions apply to grants in excess of $100,000.00.
Submission of this Certification is required for participation in this Project by Federal Law. For each failure to file, a civil
penalty of not less than $10,000.00 and not more than $100,000.00 may be imposed.
Note: If funds other than appropriated Federal funds have or will be paid to influence or attempt to influence a designated
entity it must be reported. If required, the reporting shall be made on KDOT Form No. 401, “Disclosure of Lobbying
Activities”, in accordance with its instructions. KDOT Form No. 401 is available through the Bureau of Design.
THE ABOVE DEFINITIONS, EXPLANATION AND NOTE ARE ADOPTED AND INCORPORATED BY REFERENCE IN
THIS CERTIFICATION FOR ALL PURPOSES THE SAME AS IF SET OUT IN FULL IN IT.

The maker of this Certification states that it has been signed on the maker’s behalf or, if on behalf of some other person,
that the maker is vested with legal right and authority to bind and obligate the other person in the making of this Certification
submitted in regard to this Agreement.
The maker certifies that: No Federal appropriated funds have been paid or will be paid by or on behalf of the maker, to any
person, for influencing or attempting to influence any designated person in connection with the awarding of any Federal
grant or the extension, continuation, renewal, amendment or modification of any Federal grant.
In the event that the maker subcontracts work in this Agreement, the maker will provide to and require the signing of this
Certification by the subcontractor, and shall keep and maintain the original signed form as part of the contract with the
subcontractor.
The maker understands that this Certification is a material representation of fact upon which reliance was placed as part of
this transaction.

Curtis Mader

8-11-2026
(Date)

By:

59

CERTIFICATION BY PARTICIPANTS AS TO CURRENT HISTORY
REGARDING DEBARMENT, ELIGIBILITY, INDICTMENTS, CONVICTIONS, OR
CIVIL JUDGMENTS
By signing this certificate, the Participant certifies that neither it nor its principals (owner, partner, director,
officer, principal investigator, project director, manager, auditor, or any other position involving the
administration of federal funds):
(1) is currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by
any federal agency;
(2) has been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency
within the past three years;
(3) has a proposed debarment pending; or
(4) is or has been indicted, convicted, or had a civil judgment rendered against (it) by a court of
competent jurisdiction in any manner involving fraud or official misconduct within the past three
years.
List any exceptions here:

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder or
respondent responsibility. For any exceptions noted, indicate below to whom it applies, initiating agency,
and dates of action.

Providing false information may result in criminal prosecution or administrative sanctions.
Participant/Firm’s Name:

Butler County

Address:

121 S Gordy, Ste 200

City/State/Zip:

El Dorado, KS, 67042

Authorized Company Official’s Name and Title: Curtis Mader, Dir. of Public Works/County Engineer
(Typed or Printed)
Signature of Authorized Representative:

8-11-2026
(Date)

Debarment Certification Master (Rev. 08/14/2025)

60

Civil Rights Act Attachment
Page 1 of 2

KANSAS DEPARTMENT OF TRANSPORTATION
CIVIL RIGHTS ACT ATTACHMENT
PREAMBLE
The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252, 42 U.S.C. § 2000d to 2000d-4) and other nondiscrimination requirements and the Regulations, hereby
notifies all contracting parties that it will affirmatively ensure that this contract will be implemented without discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level or Limited English Proficiency (LEP).
CLARIFICATION
The term “Contractor” is understood to include the Contractor, the Contractor’s assignees and successors in interest,
consultants, and all other parties to contracts or agreements with the Secretary of Transportation, Kansas Department of
Transportation. This Attachment shall govern should this Attachment conflict with provisions of the Document to which it is
attached.
ASSURANCE APPENDIX A
During the performance of this contract, the Contractor, for itself, its assignees and successors in interest, agrees as follows:
1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to
nondiscrimination in its Federally-assisted programs of the U.S. Department of Transportation, the Federal
Highway Administration (FHWA), the Federal Transit Administration (FTA) or the Federal Aviation
Administration (FAA) as they may be amended from time to time which are herein incorporated by reference
and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when
the contract covers any activity, project or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontractors, Including Procurements of Material and Equipment: In all solicitations,
either by competitive bidding or negotiation made by the Contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor will be
notified by the Contractor of the Contractor’s obligations under this contract and the Acts and the Regulations
relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the FHWA, FTA, or FAA to
be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information,
the Contractor will so certify to the Recipient or, the FHWA, FTA, or FAA as appropriate, and shall set forth
what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA, FTA, or FAA
may determine to be appropriate, including, but not limited to:
a. withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. cancelling, terminating or suspending a contract, in whole or in part.

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Civil Rights Act Attachment
Page 2 of 2
6. Incorporation of Provisions: The Contractor will include the provisions of the paragraphs one (1) through six
(6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any
subcontract or procurement as the Recipient or the FHWA, FTA, or FAA may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or
is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request
the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may
request the United States to enter into the litigation to protect the interests of the United States.
ASSURANCE APPENDIX E
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply
with the following nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the
basis of race, color, national origin); and 49 CFR Part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federalaid programs and projects);
• The Federal Aid Highway Act of 1973 (23 U.S.C. § 324 et. seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et. seq.) as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et. seq.), prohibits discrimination on the basis
of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL No. 100-259), (Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation
Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and Contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, (prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities), (42 U.S.C. §§12131-12189as implemented by Department of Transportation regulations at 49
C.F.R. parts 37 and 38);
• The Federal Aviation Administration’s nondiscrimination statute (49 U.S.C. § 47123), (prohibits discrimination on
the basis of race, color, national origin, and sex);
• Title IX of the Education Amendments of 1972, as amended (prohibits you from discriminating because of sex in
education programs or activities), (20 U.S.C. § 1681).

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62

State of Kansas
Department of Administration DA-146a
(Rev. 05-25)
CONTRACTUAL PROVISIONS ATTACHMENT
Important: This form contains mandatory contract provisions and must be attached to or incorporated
in all copies of any contractual agreement. If it is attached to the non-State Agency
Contracting Party’s standard contract form, that form must be altered to contain the
following provision:
The provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 0525), which is attached hereto, are hereby incorporated in this Contract and made a
part thereof.
The Parties agree that the following provisions are hereby incorporated into the
Contract to which it is attached and made a part thereof, said contract being the
August
11th day of
, 20 26
.
1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every
provision in this attachment shall prevail and control over the terms of any other conflicting
provision in any other document relating to and a part of the Contract in which this attachment is
incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are
nullified.
2. Kansas Law and Venue: This Contract shall be subject to, governed by, and construed according
to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with
this Contract shall reside only in courts located in the State of Kansas.
3. Termination Due to Lack of Funding Appropriation or Funding Source: If, in the judgment of
the Director of Accounts and Reports, Department of Administration, sufficient funds are not
appropriated or no longer exist to continue the function performed in this Contract and for the
payment of the charges hereunder due to the loss of the funding source, the Contracting State
Agency may terminate this Contract immediately or at the end of its current fiscal year. The
Contracting State Agency agrees to give written notice of termination to the non-State Agency
Contracting Party at least thirty (30) days prior to the end of its current fiscal year and shall give
such notice for a greater period prior to the end of such fiscal year as may be provided in this
Contract, except that such notice shall not be required prior to ninety (90) days before the end of
such fiscal year. The non-State Agency Contracting Party shall have the right, at the end of such
fiscal year, to take possession of any equipment provided to the Contracting State Agency under
the contract. The Contracting State Agency will pay to the non-State Agency Contracting Party all
regular contractual payments incurred prior to the period of notification or through the end of the
fiscal year as determined by period of notification given by the Contracting State Agency, plus
contractual charges incidental to the return of any such equipment. Upon termination of the
Contract by the Contracting State Agency, title to any such equipment shall revert to the non-State
Agency Contracting Party at the end of the Contracting State Agency’s current fiscal year. The
termination of the Contract pursuant to this paragraph shall not cause any penalty to be charged
to the Parties.
4. Disclaimer of Liability: No provision of this contract will be given effect that attempts to require
the Contracting State Agency to defend, hold harmless, or indemnify any non-State Agency
Contracting Party or third party for any acts or omissions. The liability of the Contracting State
Agency is defined under the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.).
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63

5. Anti-Discrimination Clause: The non-State Agency Contracting Party agrees: (a) to comply with
the Kansas Act Against Discrimination (K.S.A. 44-1001, et seq.) and the Kansas Age
Discrimination in Employment Act (K.S.A. 44-1111, et seq.) and the applicable provisions of the
Americans With Disabilities Act (42 U.S.C. 12101, et seq.) (ADA), and Kansas Executive Order
No. 19-02, and to not discriminate against any person because of race, color, gender, sexual
orientation, gender identity or expression, religion, national origin, ancestry, age, military or veteran
status, disability status, marital or family status, genetic information, or political affiliation that is
unrelated to the person’s ability to reasonably perform the duties of a particular job or position; (b)
to include in all solicitations or advertisements for employees, the phrase "equal opportunity
employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 441116; (d) to include those provisions in every subcontract or purchase order so that they are
binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting
requirements of (c) above or if the non-State Agency Contracting Party is found guilty of any
violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a
breach of contract and the Contract may be cancelled, terminated or suspended, in whole or in
part, by the Contracting State Agency or the Kansas Department of Administration; (f) the nonState Agency Contracting Party agrees to comply with all applicable state and federal antidiscrimination laws and regulations; (g) the non-State Agency Contracting Party agrees all hiring
must be on the basis of individual merit and qualifications, and discrimination or harassment of
persons for the reasons stated above is prohibited; and (h) if is determined that the non-State
Agency Contracting Party has violated the provisions of any portion of this paragraph, such
violation shall constitute a breach of contract and the Contract may be canceled, terminated, or
suspended, in whole or in part, by the Contracting State Agency or the Kansas Department of
Administration.
6. Acceptance of Contract: This Contract shall not be considered accepted, approved, or otherwise
effective until the statutorily required approvals and certifications have been given.
7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no
interpretation of this Contract shall find that the Contracting State Agency has agreed to binding
arbitration, or the payment of damages or penalties. Further, the Contracting State Agency does
not agree to pay attorney fees, costs, or late payment charges beyond those available under the
Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts
to exclude, modify, disclaim or otherwise attempt to limit any damages available to the Contracting
State Agency at law, including but not limited to the implied warranties of merchantability and
fitness for a particular purpose.
8. Representative's Authority to Contract: By signing this contract, the representative of the nonState Agency Contracting Party thereby represents that such person is duly authorized by the nonState Agency Contracting Party to execute this Contract on behalf of the non-State Agency
Contracting Party and that the non-State Agency Contracting Party agrees to be bound by the
provisions thereof.
9. Responsibility for Taxes: The Contracting State Agency shall not be responsible for, nor indemnify
a contractor for, any federal, state, or local taxes which may be imposed or levied upon the subject
matter of this Contract.
10. Insurance: The Contracting State Agency shall not be required to purchase any insurance against
loss or damage to property or any other subject matter relating to this Contract, nor shall this
Contract require them to establish a "self-insurance" fund to protect against any such loss or
damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.), the
non-State Agency Contracting Party shall bear the risk of any loss or damage to any property in
which the non-State Agency Contracting Party holds title.
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11. Information: No provision of this Contract shall be construed as limiting the Legislative Division
of Post Audit from having access to information pursuant to K.S.A. 46 -1101, et seq.
12. The Eleventh Amendment: The Eleventh Amendment is an inherent and incumbent protection
with the State of Kansas and need not be reserved, but prudence requires the Contracting State
Agency to reiterate that nothing related to this Contract shall be deemed a waiver of the Eleventh
Amendment.
13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall
not be given or received in exchange for the making of a campaign contribution. No part of the
funds provided through this Contract shall be used to influence or attempt to influence an officer
or employee of any State of Kansas agency or a member of the Legislature regarding any pending
legislation or the awarding, extension, continuation, renewal, amendment or modification of any
government contract, grant, loan, or cooperative agreement.
14. Restricted Funding Source: The non-State Agency Contracting Party acknowledges and
understands the Contracting State Agency’s share of the Contract’s total, actual, and eligible costs
may be funded through the receipt of or reimbursement through federal funds. The Contracting
State Agency does not assume any liability in connection with the Contract’s total, actual, and
eligible costs which may be paid through the receipt of or reimbursement through federal funds.
The non-State Agency Contracting Party shall reimburse the Contracting State Agency for any
funds approved for this Contract and expended by the Contracting State Agency for which the
Contracting State Agency is not reimbursed by the Federal Government or for which such funds
are determined by the Federal Government to no longer be available to be used by the Contracting
State Agency for said Contract.

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Board of County Commissioners Agenda Item Report
Agenda Item No. 4
Submitted by: Curtis Mader
Submitting Department: Public Works
Meeting Date: August 11, 2026
SUBJECT
KDOT Contract for US 400/Kellogg Road Improvements
RECOMMENDATION
Consider approving the KDOT Agreement 618-26
ATTACHMENTS
• KA-6535-04 Butler County (618-26).pdf
• MOU - Andover-BuCo-KDOT - 05-12-2026.pdf
BACKGROUND
Butler County and the City of Andover entered into a MOU on 5/12/26 under which Butler County will
contribute $500,000 toward the City's required matching funds for the US 400 road improvement
project.
ANALYSIS
Per KDOT's request, Butler County will make its contribution directly to KDOT; therefore, KDOT
requires the use of its standard contract, which is attached. Under the terms of this agreement, Butler
County's financial obligation is limited to a contribution of $500,000.
FINANCIAL CONSIDERATION
$500,000 will be paid out of Fund 85
LEGAL CONSIDERATION
I have discussed this agreement with the County Counselor, and although there are provisions we would
prefer to modify, this is KDOT's standard contract, and they have requested that it be executed as
written.
COMMISSIONER SIGNATURE REQUIRED
Yes
RECOMMENDED ACTION
I Commissioner_______ move to approve the KDOT Agreement 618-26 and rescind the MOU with the
City of Andover dated 5/12/26

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Civil Rights Act Attachment
Page 1 of 2

KANSAS DEPARTMENT OF TRANSPORTATION
CIVIL RIGHTS ACT ATTACHMENT
PREAMBLE
The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252, 42 U.S.C. § 2000d to 2000d-4) and other nondiscrimination requirements and the Regulations, hereby
notifies all contracting parties that it will affirmatively ensure that this contract will be implemented without discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level or Limited English Proficiency (LEP).
CLARIFICATION
The term “Contractor” is understood to include the Contractor, the Contractor’s assignees and successors in interest,
consultants, and all other parties to contracts or agreements with the Secretary of Transportation, Kansas Department of
Transportation. This Attachment shall govern should this Attachment conflict with provisions of the Document to which it is
attached.
ASSURANCE APPENDIX A
During the performance of this contract, the Contractor, for itself, its assignees and successors in interest, agrees as follows:
1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to
nondiscrimination in its Federally-assisted programs of the U.S. Department of Transportation, the Federal
Highway Administration (FHWA), the Federal Transit Administration (FTA) or the Federal Aviation
Administration (FAA) as they may be amended from time to time which are herein incorporated by reference
and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when
the contract covers any activity, project or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontractors, Including Procurements of Material and Equipment: In all solicitations,
either by competitive bidding or negotiation made by the Contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor will be
notified by the Contractor of the Contractor’s obligations under this contract and the Acts and the Regulations
relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the FHWA, FTA, or FAA to
be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information,
the Contractor will so certify to the Recipient or, the FHWA, FTA, or FAA as appropriate, and shall set forth
what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA, FTA, or FAA
may determine to be appropriate, including, but not limited to:
a. withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. cancelling, terminating or suspending a contract, in whole or in part.

KDOT OCC/OCR Rev. 04.25.2025

78

Civil Rights Act Attachment
Page 2 of 2
6. Incorporation of Provisions: The Contractor will include the provisions of the paragraphs one (1) through six
(6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any
subcontract or procurement as the Recipient or the FHWA, FTA, or FAA may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or
is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request
the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may
request the United States to enter into the litigation to protect the interests of the United States.
ASSURANCE APPENDIX E
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply
with the following nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the
basis of race, color, national origin); and 49 CFR Part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federalaid programs and projects);
• The Federal Aid Highway Act of 1973 (23 U.S.C. § 324 et. seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et. seq.) as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et. seq.), prohibits discrimination on the basis
of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL No. 100-259), (Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation
Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and Contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, (prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities), (42 U.S.C. §§12131-12189as implemented by Department of Transportation regulations at 49
C.F.R. parts 37 and 38);
• The Federal Aviation Administration’s nondiscrimination statute (49 U.S.C. § 47123), (prohibits discrimination on
the basis of race, color, national origin, and sex);
• Title IX of the Education Amendments of 1972, as amended (prohibits you from discriminating because of sex in
education programs or activities), (20 U.S.C. § 1681).

KDOT OCC/OCR Rev. 04.25.2025

79

State of Kansas
Department of Administration DA-146a
(Rev. 05-25)
CONTRACTUAL PROVISIONS ATTACHMENT
Important: This form contains mandatory contract provisions and must be attached to or incorporated
in all copies of any contractual agreement. If it is attached to the non-State Agency
Contracting Party’s standard contract form, that form must be altered to contain the
following provision:
The provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 0525), which is attached hereto, are hereby incorporated in this Contract and made a
part thereof.
The Parties agree that the following provisions are hereby incorporated into the
Contract to which it is attached and made a part thereof, said contract being the
_____ day of ____________________, 20
.
1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every
provision in this attachment shall prevail and control over the terms of any other conflicting
provision in any other document relating to and a part of the Contract in which this attachment is
incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are
nullified.
2. Kansas Law and Venue: This Contract shall be subject to, governed by, and construed according
to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with
this Contract shall reside only in courts located in the State of Kansas.
3. Termination Due to Lack of Funding Appropriation or Funding Source: If, in the judgment of
the Director of Accounts and Reports, Department of Administration, sufficient funds are not
appropriated or no longer exist to continue the function performed in this Contract and for the
payment of the charges hereunder due to the loss of the funding source, the Contracting State
Agency may terminate this Contract immediately or at the end of its current fiscal year. The
Contracting State Agency agrees to give written notice of termination to the non-State Agency
Contracting Party at least thirty (30) days prior to the end of its current fiscal year and shall give
such notice for a greater period prior to the end of such fiscal year as may be provided in this
Contract, except that such notice shall not be required prior to ninety (90) days before the end of
such fiscal year. The non-State Agency Contracting Party shall have the right, at the end of such
fiscal year, to take possession of any equipment provided to the Contracting State Agency under
the contract. The Contracting State Agency will pay to the non-State Agency Contracting Party all
regular contractual payments incurred prior to the period of notification or through the end of the
fiscal year as determined by period of notification given by the Contracting State Agency, plus
contractual charges incidental to the return of any such equipment. Upon termination of the
Contract by the Contracting State Agency, title to any such equipment shall revert to the non-State
Agency Contracting Party at the end of the Contracting State Agency’s current fiscal year. The
termination of the Contract pursuant to this paragraph shall not cause any penalty to be charged
to the Parties.
4. Disclaimer of Liability: No provision of this contract will be given effect that attempts to require
the Contracting State Agency to defend, hold harmless, or indemnify any non-State Agency
Contracting Party or third party for any acts or omissions. The liability of the Contracting State
Agency is defined under the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.).
Page 1 of 3

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5. Anti-Discrimination Clause: The non-State Agency Contracting Party agrees: (a) to comply with
the Kansas Act Against Discrimination (K.S.A. 44-1001, et seq.) and the Kansas Age
Discrimination in Employment Act (K.S.A. 44-1111, et seq.) and the applicable provisions of the
Americans With Disabilities Act (42 U.S.C. 12101, et seq.) (ADA), and Kansas Executive Order
No. 19-02, and to not discriminate against any person because of race, color, gender, sexual
orientation, gender identity or expression, religion, national origin, ancestry, age, military or veteran
status, disability status, marital or family status, genetic information, or political affiliation that is
unrelated to the person’s ability to reasonably perform the duties of a particular job or position; (b)
to include in all solicitations or advertisements for employees, the phrase "equal opportunity
employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 441116; (d) to include those provisions in every subcontract or purchase order so that they are
binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting
requirements of (c) above or if the non-State Agency Contracting Party is found guilty of any
violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a
breach of contract and the Contract may be cancelled, terminated or suspended, in whole or in
part, by the Contracting State Agency or the Kansas Department of Administration; (f) the nonState Agency Contracting Party agrees to comply with all applicable state and federal antidiscrimination laws and regulations; (g) the non-State Agency Contracting Party agrees all hiring
must be on the basis of individual merit and qualifications, and discrimination or harassment of
persons for the reasons stated above is prohibited; and (h) if is determined that the non-State
Agency Contracting Party has violated the provisions of any portion of this paragraph, such
violation shall constitute a breach of contract and the Contract may be canceled, terminated, or
suspended, in whole or in part, by the Contracting State Agency or the Kansas Department of
Administration.
6. Acceptance of Contract: This Contract shall not be considered accepted, approved, or otherwise
effective until the statutorily required approvals and certifications have been given.
7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no
interpretation of this Contract shall find that the Contracting State Agency has agreed to binding
arbitration, or the payment of damages or penalties. Further, the Contracting State Agency does
not agree to pay attorney fees, costs, or late payment charges beyond those available under the
Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts
to exclude, modify, disclaim or otherwise attempt to limit any damages available to the Contracting
State Agency at law, including but not limited to the implied warranties of merchantability and
fitness for a particular purpose.
8. Representative's Authority to Contract: By signing this contract, the representative of the nonState Agency Contracting Party thereby represents that such person is duly authorized by the nonState Agency Contracting Party to execute this Contract on behalf of the non-State Agency
Contracting Party and that the non-State Agency Contracting Party agrees to be bound by the
provisions thereof.
9. Responsibility for Taxes: The Contracting State Agency shall not be responsible for, nor indemnify
a contractor for, any federal, state, or local taxes which may be imposed or levied upon the subject
matter of this Contract.
10. Insurance: The Contracting State Agency shall not be required to purchase any insurance against
loss or damage to property or any other subject matter relating to this Contract, nor shall this
Contract require them to establish a "self-insurance" fund to protect against any such loss or
damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.), the
non-State Agency Contracting Party shall bear the risk of any loss or damage to any property in
which the non-State Agency Contracting Party holds title.
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81

11. Information: No provision of this Contract shall be construed as limiting the Legislative Division
of Post Audit from having access to information pursuant to K.S.A. 46 -1101, et seq.
12. The Eleventh Amendment: The Eleventh Amendment is an inherent and incumbent protection
with the State of Kansas and need not be reserved, but prudence requires the Contracting State
Agency to reiterate that nothing related to this Contract shall be deemed a waiver of the Eleventh
Amendment.
13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall
not be given or received in exchange for the making of a campaign contribution. No part of the
funds provided through this Contract shall be used to influence or attempt to influence an officer
or employee of any State of Kansas agency or a member of the Legislature regarding any
pending legislation or the awarding, extension, continuation, renewal, amendment or modification
of any government contract, grant, loan, or cooperative agreement.
14. Restricted Funding Source: The non-State Agency Contracting Party acknowledges and
understands the Contracting State Agency’s share of the Contract’s total, actual, and eligible costs
may be funded through the receipt of or reimbursement through federal funds. The Contracting
State Agency does not assume any liability in connection with the Contract’s total, actual, and
eligible costs which may be paid through the receipt of or reimbursement through federal funds.
The non-State Agency Contracting Party shall reimburse the Contracting State Agency for any
funds approved for this Contract and expended by the Contracting State Agency for which the
Contracting State Agency is not reimbursed by the Federal Government or for which such funds
are determined by the Federal Government to no longer be available to be used by the Contracting
State Agency for said Contract.

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Federal Funds Lobbying Certification Attachment
Required Contract Provision
Definitions
1.

2.
3.
4.
5.

Designated Entity: An officer or employee of any agency, a Member of Congress or any state legislature, an
officer or employee of Congress or any state legislature, or an employee of a Member of Congress or any state
legislature
Federal Grant: An award of financial assistance by the Federal government (Federal Aid Highway Program is
considered a grant program)
Influencing (or attempt): Making, with the intent to influence, any communication to or appearance before any
designated entity in connection with the making of any Federal grant
Person: An individual, corporation, company, association, authority, firm, partnership, society, state or local
government
Recipient: All contractors, subcontractors or subgrantees, at any tier, of the recipient of fund received in
connection with a Federal grant.

Explanation
As of December 23, 1989, Title 31 U.S.C. (new) Section 1352 limits the use of appropriated Federal funds to influence
Federal contracting. Under this new section no appropriated funds may be used by the recipient of a Federal grant to pay
any person to influence or attempt to influence a designated entity in connection with the naming of a Federal grant or the
extension, renewal, amendment or modification of any grant. These restrictions apply to grants in excess of $100,000.00.
Submission of this Certification is required for participation in this Project by Federal Law. For each failure to file, a civil
penalty of not less than $10,000.00 and not more than $100,000.00 may be imposed.
Note: If funds other than appropriated Federal funds have or will be paid to influence or attempt to influence a designated
entity it must be reported. If required, the reporting shall be made on KDOT Form No. 401, “Disclosure of Lobbying
Activities”, in accordance with its instructions. KDOT Form No. 401 is available through the Bureau of Design.
THE ABOVE DEFINITIONS, EXPLANATION AND NOTE ARE ADOPTED AND INCORPORATED BY REFERENCE IN
THIS CERTIFICATION FOR ALL PURPOSES THE SAME AS IF SET OUT IN FULL IN IT.

The maker of this Certification states that it has been signed on the maker’s behalf or, if on behalf of some other person,
that the maker is vested with legal right and authority to bind and obligate the other person in the making of this
Certification submitted in regard to this Agreement.
The maker certifies that: No Federal appropriated funds have been paid or will be paid by or on behalf of the maker, to
any person, for influencing or attempting to influence any designated person in connection with the awarding of any
Federal grant or the extension, continuation, renewal, amendment or modification of any Federal grant.
In the event that the maker subcontracts work in this Agreement, the maker will provide to and require the signing of this
Certification by the subcontractor, and shall keep and maintain the original signed form as part of the contract with the
subcontractor.
The maker understands that this Certification is a material representation of fact upon which reliance was placed as part of
this transaction.

Curtis Mader
___________________________________________

___________________________________
8-11-2026
(Date)

By:

___________________________________________

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CERTIFICATION BY PARTICIPANTS AS TO CURRENT HISTORY
REGARDING DEBARMENT, ELIGIBILITY, INDICTMENTS, CONVICTIONS, OR
CIVIL JUDGMENTS
By signing this certificate, the Participant certifies that neither it nor its principals (owner, partner, director,
officer, principal investigator, project director, manager, auditor, or any other position involving the
administration of federal funds):
(1) is currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by
any federal agency;
(2) has been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency
within the past three years;
(3) has a proposed debarment pending; or
(4) is or has been indicted, convicted, or had a civil judgment rendered against (it) by a court of
competent jurisdiction in any manner involving fraud or official misconduct within the past three
years.
List any exceptions here:

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder or
respondent responsibility. For any exceptions noted, indicate below to whom it applies, initiating agency,
and dates of action.

Providing false information may result in criminal prosecution or administrative sanctions.
Participant/Firm’s Name:

Butler County
_____________________________________________________________

Address:

121 S Gordy, Ste 200
_____________________________________________________________

City/State/Zip:

El Dorado, KS 67042
_____________________________________________________________

Authorized Company Official’s Name and Title: Curtis
____________________________________________
Mader, Dir. of Public Works/County Engineer
(Typed or Printed)
Signature of Authorized Representative: ____________________________________________________
(Date)

Debarment Certification Master (Rev. 08/14/2025)
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IVIEMORANDUM OF UNDERSTANDINC
THIS MEMORANDUM OF UNDERSTANDINC made this Il{lt day of May,2026 (the
"Memorandum"), by the City of Andover, Kansas (the "City") and Butler County, Kansas (the
"County") regarding the County's financial participation in the U.S. 54 improvement project,
designated as Project No. KA-6534-04, and administered by the Kansas Department of
Transportation (the "Project").
The Kansas Department of Transportation ("KDOT) is undertaking the Project pursuant
to a Cooperative Project Agreenrent with the City. The County is not a party to that agreenrent
because the Project is not located in any portion of the County outside the City's corporate limits.
However, the County has indicated its willingness to contribute funds to assist the City in meeting
its local match requiremcnts.

Notwithstanding the foregoing, nothing in this Memorandum is intended to obligate the
parties to each other in any manner that which would be contrary to or require compliance with

the lnterlocal Cooperation Act (K.S.A. 12-2904, et seg.). In tlris regard, this Memorandum is
inlended to assist the parties in good faith detemrining the overall intent for responsibilities.

l

COUNTY CONTRIBUTIO.T-

The County agrees to contribute an amount not to exceed Five Hundred Thousand Dollars
($500,000.00) to the City for payment application toward the City's local match obligation for the
Project ("County's Contribution").

2.

PAYMENTTf,RMS
(a) The Coung shall rcmit paymcnt of the County Contribution to thc City within 30 days
alier the latest to occur ofthe following:
( I ) Execution of this Memorandum by both parlies;

(2) County's receipt of the documentation required under section 2(c); and
(3 ) County's confirmation of fund availability/appropriation as required by section
2(b).

(b) County's payment obligation is conditioned on lawful appropriation and availability
of funds for this purpose. If funds are not appropriated or become unavailable due to
lawful budgetary actions, County shall promptly notify City in writing, and the parties
shall meet to discuss altematives; provided, however, that County shall not be liable
for payment amounts not lawfully appropriated or availablc.

(c) As conditions to County's obligation to pay, City shall provide County with:
( I ) A complete copy of the executed KDOT Agreement (including all amendments
in effect as of thc Effective Datc);

85

(2) written confirmation of City's local match requirement for the Project under
KDOT Agreement (e.g., KDOT funding participation letter, project finance
summary, or equivalent);
(3) a written request for payment signed by the authorized City representative (the
"Payment Request"), specifring whether payment is requested to City or (if
applicable) directly to KDOT and including relevant remittance details; and
(4) any other reasonable documentation County may request that is directly related
to veri$ing that the County Contribution will be crcditable as local match
(without requiring City to provide confidential security information or
privileged material).

(d) The County Contribution provided by the County under this Memorandum shall be
used solely for Project-related coss eligible as local match and shall count towards the
City's $2,875,000.00 obligation. The County Contribution shall be used only as part ofthe
local match required of City under the KDOT Agreement for eligible Project costs and
shall not be diverted, reprogrammed, or used for any other purpose (including other
projects, Beneral fund purposes, or costs not creditable as match) without (i) prior written
approval from County and (ii) confirmation from KDOT (ifrequired) that such use remains
eligible and creditable as local match under the KDOT Agreement.

3.

ACCOTJNTING AND MATCH TREATMENT

The Parties acknowledge and agee that the County's Contribution is intended to be applied
toward the City's local match obligation under the Cooperative Project Agreement with KDOT.

City may deposit the County Contribution into a City account used for Project funding
administration, provided City maintains records suflicient to track receipt and use of the County
Contribution and to demonstrate that the County Contribution was used solely for the purposes
stated in this Memorandum and credited as local match under the KDOT Agreement.

4.

NOAGENCYORJOINTVENTURE

Nothing in this Memorandum creates a partnership, joint venture, or agency relationship
between the City and the County, nor does it make the County responsible for Project
administration, construction, or maintenance or any other costs associated with the Project.

5.

NOTHIRD-PARTYBENEFICIARIES

This Memorandum is for the bcnefit of the parties only and creates no rights in any third
party, including KDOT.

6.

TER]VI

This Memorandum shall become effective upon execution by both parties (..Effective
Date") and shall terminate upon full paynent ofthe County Contribution. -

oP 441 t 62t.l

86

COVERNINC LAW
This Memorandum shall be governed by and construed in accordance with the laws ofthe
Slate of Kansas.

E.

COUNTERPARTSiELECTRONICSIGNATURES

This Memorandum may be executed in counterparts, each of which is deemed an original
and all of which together constitute one instrument. Signatures transnritted electronically (e.g.,
PDF, DocuSign or similar) are deemed original signatures and binding.
This Memorandum is adopted by the City and County and is intended to be in effect from
the Eltective Date until the County Contribution has been paid in full, unless otherwise revised in
writing. This Memorandum supersedes any and all previous Memorandums oithis nalure

Dated

|.,\a*t lz, wyo

CITY OF ANDOVER. KANSAS

0
OF
Iseal.]

RP

By:
Ro llule Price, Mayor

ATTEST:

.By:
Dana Engstrom. City Clerk

[County signature appears on following page]

OP

{ll I ('ll. I

87

Dated:

5-1L-"eb

BUTLER COI]NTY, KANSAS

Marc

tlr
ATTEST:

*

SE
T

oP

,l4 52l. t

88

Board of County Commissioners Agenda Item Report
Agenda Item No. 5
Submitted by: Anna Wealand
Submitting Department: Administration
Meeting Date: August 11, 2026
SUBJECT
2027 Budget Workshop
RECOMMENDATION
Review the 2027 Proposed budget.
ATTACHMENTS
BACKGROUND
Each year the Commission holds several workshops to review both internal and external budget
requests before holding a public hearing and then adopting the budget.
ANALYSIS
This year's budget process and calendar will be similar to prior years.
FINANCIAL CONSIDERATION
The adopted budget funds both the County's operations for the forthcoming year and the CIP in
subsequent years.
LEGAL CONSIDERATION
Kansas budget laws generally fall under K.S.A. 79-2925 and 79-2988.
COMMISSIONER SIGNATURE REQUIRED
No
RECOMMENDED ACTION
n/a

89

Board of County Commissioners Agenda Item Report
Agenda Item No. 1
Submitted by: Anna Wealand
Submitting Department: Administration
Meeting Date: August 11, 2026
SUBJECT
Vouchers Dated 08/11/2026
RECOMMENDATION
Approval of Vouchers
ATTACHMENTS
• 2026-08-11 AP Packet-Public.pdf
BACKGROUND
N/A
ANALYSIS
N/A
FINANCIAL CONSIDERATION
Total warrants $1,797,230.84.
LEGAL CONSIDERATION
N/A
COMMISSIONER SIGNATURE REQUIRED
Yes
RECOMMENDED ACTION
Commissioner ________________________ motioned to approve vouchers dated August 11, 2026, in
the amount of $1,797,230.84.

90

ACCOUNTS PAYABLE VOUCHERS
APPROVED BY
BOARD OF COUNTY COMMISSIONERS
VOUCHERS DISAPPROVED:

VOUCHERS APPROVED EXCEPT AS INDICATED:

CHECK NO:

BY:

___________________________

__________________________ ____________________________________________
COMMISSION CHAIRMAN

___________________________

__________________________ _____________________________________________
COMMISSIONER

___________________________

__________________________ _____________________________________________
COMMISSIONER

___________________________

__________________________ _____________________________________________
COMMISSIONER

___________________________

__________________________ _____________________________________________
COMMISSIONER

08/11/26
Regular Accounts Payable to Approve
Regular A/P
Encumbrance Payments
Handchecks
Subtotal Accounts Payable to Approve

$445,534.18
$39,927.28
$6,966.39
$492,427.85

Other payments already processed
AP Date: 08/03/2026
AP Date:
Payroll:
Purchase Cards
Subtotal: Other payments already processed

$56,443.62
$0.00
$1,248,359.37
$0.00
$1,304,802.99

Total payments processed

$1,797,230.84

91

Ck Date
252592

8/3/2026 Check Report

pr_check_date
8/3/2026

Vendor Name
Evergy, INC.

Check Total
$ 56,444

92

Ck Date
252617
252618
252619
252620
252621
252622
252623
252624
252625
252626
252627
252628
252629
252630
252631
252632
252633
252634
252635
252636
252637
252638
252639
252640
252641
252642
252643
252644
252645
252646
252647
252648
252649
252650
252651
252652
252653
252654
252655
252656
252657
252658
252659
252660
252661
252662
252663

8/11/2026 Check Report

pr_check_date
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026

Vendor Name
Akers, Vicki
Allen, Gibbs & Houlik LC
Amend SL LLC
American Chemical Systems
APAC-Kansas, Inc.
AT&T, Inc.
Barnes, Philip
Benoit, Pauletta
Benton Busy Bees
Brady Industries of Kansas LLC
Broadstroke Inc.
Cassoday Boosters 4-H Club
City of Andover
Civicplus LLC
Coast to Coast Solutions Inc
Delta Dental of Kansas
Denton, Brice
Drisco of Kansas LLC
Dutcher, Christi
Ebben, Tom
El Dorado Trailblazers 4H Club
Epp's Service, Inc.
Ergon Asphalt & Emulsions, Inc
Ergon Asphalt & Emulsions, Inc
Ferguson, Lori
First Baptist Church
First Light Home Care of Wichita
Flint Hills 4-H Club
Flinthills Services, Inc. (shredding)
Foley Industries
Frazier, Steve
Garver, Donna
Gentry, Martha
Gorman, Devin
Greater Wichita YMCA
Greenwood, Seth
Gregg, Susan
Haines, Gerald E
Healthy Blue
Hickory Helpers 4-H Club
Hiebert, Greg
Ingalls, Dan
ISERVE Inc
Jensen, Emily
Kansasland Tire - Andover
Kaplan, Carolyn A
Knight, Karen

Check Total
$
150
$
300
$
350
$
1,021
$
1,865
$
158
$
119
$
25
$
3,054
$
1,842
$
2,120
$
603
$
582
$ 19,229
$
433
$
1,358
$
1,821
$
2,345
$
42
$
57
$
1,258
$
2,942
$ 286,733
$ 44,664
$
65
$
200
$
265
$
1,207
$
370
$ 39,927
$
100
$
32
$
927
$
300
$
225
$
200
$
95
$
36
$
895
$
255
$
109
$
133
$
8,376
$
284
$
1,908
$
58
$
150

93

Ck Date
252664
252665
252666
252667
252668
252669
252670
252671
252672
252673
252674
252675
252676
252677
252678
252679
252680
252681
252682
252683
252684
252685
252686
252687
252688
252689
252690
252691
252692
252693
252694
252695
252696
252697
252698
252699
252700
252701
252702
252703
252704
252705
252706
252707
252708

8/11/2026 Check Report

pr_check_date
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026
8/11/2026

Vendor Name
Knollenberg, Lester
Life-Assist, Inc.
Lily Lake 4-H Club
Linden, Robert
McLaren, Karol
Medscope America, LLC
Mid-American Credit Union
Midwest Business Technology
Minton, Sammy
Murphy Tractor & Equipment Company
Navrat's Office Products
Neeley, Patricia
North Butler 4-H Club
Park Place Technologies LLC
Parks, Inc.
Preferred Mortuary Services
Purple Heart 4-H Club
R.K. Black, Inc.
Ratchford, Paula
Rawls, Thomas
Rein, Roberta
Remington, Donald
Reno County Youth Services
Reynolds, Dale
Rupp-Serrano, Karen
SCMHCC
Security Oil LLC
Securus Technologies
Smith, Tim
Spivey, Kurt
Sunrise Oilfield Supply LLC
Superior Auto Care LLC
Three Wooden Crosses Church
Towanda Rustlers 4-H Club
Trans Union Risk & Alternative
Turner, Sharon Marie
USI Insurance Services, LLC
Van Dever, Charles
Vialect Inc.
Webster, Allen
Wells Fargo Vendor Financial Services
WEX Bank
WEX Bank
Willhite, Curtis
Williams, Glenn

Check Total
$
25
$
326
$
1,935
$
128
$
117
$
256
$
179
$
334
$
80
$
392
$
1,741
$
128
$
524
$
1,898
$
1,365
$
170
$
1,569
$
4,546
$
131
$
67
$
150
$
150
$
133
$
114
$
59
$
200
$
3,203
$
1,698
$
46
$
450
$
1,292
$
197
$
150
$
606
$
100
$
102
$
4,098
$
150
$
1,800
$
150
$
223
$ 25,017
$
141
$
80
$
52

94

Invoices Selected for Payment (APLT33)
Invoice

Inv Date

Due Date

Butler County
Description

Invoice Amt

Fund Totals
Fund

Fund Name

Fund Total

0001

General Fund

$27,871.86

0020

E.M.S.- Operating

$1,299.46

0041

Pub Wrks- Road & Bridge

$1,506.97

0045

Pub Wrks-Landfill

$1,449.23

0051

Co.Sheriff-Admin

$444.77

0052

Co.Sheriff-Jail

$21,313.31

0074

Misc Str Light-Glencoe

$169.60

0077

Motor Vehicle Operating

$315.56

0080

Health Dept-Admin

$937.03

0212

Sewer Dist #12 Maint

$104.29

0214

Sewer Dist #15 Maint

$159.90

0218

Sewer Dist #17 Maint

$30.76

0220

Sewer Dist #19 Maint

$64.15

0242

Corrections Juvenile IIP

$170.88

0245

Community Corr-Adult Isp

$116.51

0246

Community Corr-Juv Isp

$489.34
Grand Total:

Operator: efrakes
Report ID: (APLT33)

8/3/2026 3:24:58 PM

$56,443.62

Page 3 of 3

95

Invoices Selected for Payment (APLT33)
Invoice

Inv Date

Due Date

Butler County
Description

Invoice Amt

Fund Totals

Operator: efrakes
Report ID: (APLT33)

Fund

Fund Name

0001

General Fund

$38,759.60

0004

Self-Insurance

$5,635.20

0017

County Fair

$12,537.81

0020

E.M.S.- Operating

$2,354.70

0041

Pub Wrks- Road & Bridge

$339,431.57

0045

Pub Wrks-Landfill

$43,392.68

0051

Co.Sheriff-Admin

$28,116.45

0052

Co.Sheriff-Jail

$5,476.94

0060

Dept of Aging-Admin

$423.49

0066

Butler County 911 Fund

$157.74

0077

Motor Vehicle Operating

$724.92

0080

Health Dept-Admin

$422.83

0245

Community Corr-Adult Isp

$438.00

0250

Co.Sheriff-Gifts,Donations

$433.16

0288

Reg of Deeds - Technology

$99.43

0291

Treasurer - Technology

$989.76

1103

Transportation Federal

$305.60

1104

Transportation State

$76.40

1106

RSVP-CNS

8/6/2026 10:34:25 AM

Fund Total

$2,794.98
Page 33 of 34

96

Invoices Selected for Payment (APLT33)
Invoice

Butler County

Inv Date

Due Date

Description

Invoice Amt

1111

Caregiver Respite

$265.00

1113

Foster Grandparents

$927.20

1408

Commissary Fund

$1,698.00
Grand Total:

Operator: efrakes
Report ID: (APLT33)

8/6/2026 10:34:25 AM

$485,461.46

Page 34 of 34

97

Pending Hand Checks
Hand Check Date:

8/11/2026

Check

Bank

Account

14924

INTRUST BANK N.A.

Ref. Number

Payee

Amount

EF

A.Alger

$95.30

Ledger Accounts:
00170176214000

Contractual Agreements

$95.30
BALANCED

14925

INTRUST BANK N.A.

EF

$95.30

A. Davis

$125.80

Ledger Accounts:
00170176214000

Contractual Agreements

$125.80
BALANCED

14926

INTRUST BANK N.A.

EF

$125.80

A. Hansen

$95.00

Ledger Accounts:
00170176214000

Contractual Agreements

$95.00
BALANCED

14927

INTRUST BANK N.A.

EF

$95.00

A. Krepps

$141.70

Ledger Accounts:
00170176214000

Contractual Agreements

$141.70
BALANCED

14928

INTRUST BANK N.A.

EF

$141.70

A. Markley

$77.60

Ledger Accounts:
00170176214000

Contractual Agreements

$77.60
BALANCED

14929

INTRUST BANK N.A.

EF

B. Reid

$77.60
$105.40

Ledger Accounts:
00170176214000

Operator: efrakes

8/4/2026 4:32:59 PM

Contractual Agreements

$105.40

Page 1 of 9

Report ID: HCLT03

98

Pending Hand Checks
Hand Check Date:
Check

8/11/2026
Bank

Account

Ref. Number

Payee

Amount
BALANCED

14930

INTRUST BANK N.A.

EF

$105.40

B.Toews

$300.00

Ledger Accounts:
00170176214000

Contractual Agreements

$300.00
BALANCED

14931

INTRUST BANK N.A.

EF

$300.00

B. Maier

$125.40

Ledger Accounts:
00170176214000

Contractual Agreements

$125.40
BALANCED

14932

INTRUST BANK N.A.

EF

$125.40

B Warner

$102.60

Ledger Accounts:
00170176214000

Contractual Agreements

$102.60
BALANCED

14933

INTRUST BANK N.A.

EF

$102.60

C. Handsaker

$114.50

Ledger Accounts:
00170176214000

Contractual Agreements

$114.50
BALANCED

14934

INTRUST BANK N.A.

EF

$114.50

C. Cabralles

$77.55

Ledger Accounts:
00170176214000

Contractual Agreements

$77.55
BALANCED

Operator: efrakes

8/4/2026 4:32:59 PM

$77.55

Page 2 of 9

Report ID: HCLT03

99

Pending Hand Checks
Hand Check Date:

8/11/2026

Check

Bank

Account

14935

INTRUST BANK N.A.

Ref. Number

Payee

Amount

EF

D. Weishaar

$157.30

Ledger Accounts:
00170176214000

Contractual Agreements

$157.30
BALANCED

14936

INTRUST BANK N.A.

EF

$157.30

D. Hamilton

$79.40

Ledger Accounts:
00170176214000

Contractual Agreements

$79.40
BALANCED

14937

INTRUST BANK N.A.

EF

$79.40

D. Sommers

$99.70

Ledger Accounts:
00170176214000

Contractual Agreements

$99.70
BALANCED

14938

INTRUST BANK N.A.

EF

$99.70

D. Long

$104.00

Ledger Accounts:
00170176214000

Contractual Agreements

$104.00
BALANCED

14939

INTRUST BANK N.A.

EF

$104.00

E. Koontz

$97.00

Ledger Accounts:
00170176214000

Contractual Agreements

$97.00
BALANCED

14940

INTRUST BANK N.A.

EF

$97.00

E. Scribner

$93.90

Ledger Accounts:
00170176214000

Operator: efrakes

8/4/2026 4:32:59 PM

Contractual Agreements

$93.90

Page 3 of 9

Report ID: HCLT03

100

Pending Hand Checks
Hand Check Date:
Check

8/11/2026
Bank

Account

Ref. Number

Payee

Amount
BALANCED

14941

INTRUST BANK N.A.

EF

$93.90

E. Glaesman

$130.10

Ledger Accounts:
00170176214000

Contractual Agreements

$130.10
BALANCED

14942

INTRUST BANK N.A.

EF

$130.10

H. Unruh

$122.50

Ledger Accounts:
00170176214000

Contractual Agreements

$122.50
BALANCED

14943

INTRUST BANK N.A.

EF

$122.50

J. Schell

$52.90

Ledger Accounts:
00170176214000

Contractual Agreements

$52.90
BALANCED

14944

INTRUST BANK N.A.

EF

$52.90

J. Henning

$159.45

Ledger Accounts:
00170176214000

Contractual Agreements

$159.45
BALANCED

14945

INTRUST BANK N.A.

EF

$159.45

J. Slayton

$77.90

Ledger Accounts:
00170176214000

Contractual Agreements

$77.90
BALANCED

Operator: efrakes

8/4/2026 4:32:59 PM

$77.90

Page 4 of 9

Report ID: HCLT03

101

Pending Hand Checks
Hand Check Date:

8/11/2026

Check

Bank

Account

14946

INTRUST BANK N.A.

Ref. Number

Payee

Amount

EF

K. West

$152.90

Ledger Accounts:
00170176214000

Contractual Agreements

$152.90
BALANCED

14947

INTRUST BANK N.A.

EF

K. Sallee

$152.90
$178.00

Ledger Accounts:
00170176214000

Contractual Agreements

$178.00
BALANCED

14948

INTRUST BANK N.A.

EF

K. Gaines

$178.00
$160.60

Ledger Accounts:
00170176214000

Contractual Agreements

$160.60
BALANCED

14949

INTRUST BANK N.A.

EF

K.Lake

$160.60

$100.00

Ledger Accounts:
00170176214000

Contractual Agreements

$100.00
BALANCED

14950

INTRUST BANK N.A.

EF

L. Amstutz

$100.00
$300.00

Ledger Accounts:
00170176214000

Contractual Agreements

$300.00
BALANCED

14951

INTRUST BANK N.A.

EF

L. Lewis

$300.00
$105.50

Ledger Accounts:
00170176214000

Operator: efrakes

8/4/2026 4:32:59 PM

Contractual Agreements

$105.50

Page 5 of 9

Report ID: HCLT03

102

Pending Hand Checks
Hand Check Date:
Check

8/11/2026
Bank

Account

Ref. Number

Payee

Amount
BALANCED

14952

INTRUST BANK N.A.

EF

$105.50

M. Stich

$179.05

Ledger Accounts:
00170176214000

Contractual Agreements

$179.05
BALANCED

14953

INTRUST BANK N.A.

EF

$179.05

M. Good

$52.90

Ledger Accounts:
00170176214000

Contractual Agreements

$52.90
BALANCED

14954

INTRUST BANK N.A.

EF

$52.90

M. Muesler

$92.10

Ledger Accounts:
00170176214000

Contractual Agreements

$92.10
BALANCED

14955

INTRUST BANK N.A.

EF

$92.10

M. Austin

$98.20

Ledger Accounts:
00170176214000

Contractual Agreements

$98.20
BALANCED

14956

INTRUST BANK N.A.

EF

$98.20

M. Austin

$98.20

Ledger Accounts:
00170176214000

Contractual Agreements

$98.20
BALANCED

Operator: efrakes

8/4/2026 4:32:59 PM

$98.20

Page 6 of 9

Report ID: HCLT03

103

Pending Hand Checks
Hand Check Date:

8/11/2026

Check

Bank

Account

14957

INTRUST BANK N.A.

Ref. Number

Payee

EF

M. Greenwood

Amount
$99.65

Ledger Accounts:
00170176214000

Contractual Agreements

$99.65
BALANCED

14958

INTRUST BANK N.A.

EF

$99.65

M. Greenwood

$99.70

Ledger Accounts:
00170176214000

Contractual Agreements

$99.70
BALANCED

14959

INTRUST BANK N.A.

EF

$99.70

N. and A. Forkner

$300.00

Ledger Accounts:
00170176214000

Contractual Agreements

$300.00
BALANCED

14960

INTRUST BANK N.A.

EF

$300.00

N. Tillman

$276.90

Ledger Accounts:
00170176214000

Contractual Agreements

$276.90
BALANCED

14961

INTRUST BANK N.A.

EF

$276.90

R. Waltman

$77.90

Ledger Accounts:
00170176214000

Contractual Agreements

$77.90
BALANCED

14962

INTRUST BANK N.A.

EF

S. Davis

$77.90
$160.60

Ledger Accounts:
00170176214000

Operator: efrakes

8/4/2026 4:32:59 PM

Contractual Agreements

$160.60

Page 7 of 9

Report ID: HCLT03

104

Pending Hand Checks
Hand Check Date:
Check

8/11/2026
Bank

Account

Ref. Number

Payee

Amount
BALANCED

14963

INTRUST BANK N.A.

EF

S. Eckert

$160.60
$214.60

Ledger Accounts:
00170176214000

Contractual Agreements

$214.60
BALANCED

14964

INTRUST BANK N.A.

EF

S. Funk

$214.60
$108.40

Ledger Accounts:
00170176214000

Contractual Agreements

$108.40
BALANCED

14965

INTRUST BANK N.A.

EF

S. Chaney

$108.40
$321.89

Ledger Accounts:
00170176214000

Contractual Agreements

$321.89
BALANCED

14966

INTRUST BANK N.A.

EF

T. Foster

$321.89
$197.90

Ledger Accounts:
00170176214000

Contractual Agreements

$197.90
BALANCED

14967

INTRUST BANK N.A.

EF

T. Carmichael

$197.90
$191.40

Ledger Accounts:
00170176214000

Contractual Agreements

$191.40
BALANCED

Operator: efrakes

8/4/2026 4:32:59 PM

$191.40

Page 8 of 9

Report ID: HCLT03

105

Pending Hand Checks
Hand Check Date:

8/11/2026

Check

Bank

Account

14968

INTRUST BANK N.A.

Ref. Number

Payee

Amount

EF

B. Reid

$45.00

Ledger Accounts:
00170176214000

Contractual Agreements

$45.00
BALANCED

Date Total:

$45.00

$6,146.39

Hand Check Totals By Fund
Fund

Fund Name

Fund Total

0017

County Fair

$6,146.39
Fund Total:

Operator: efrakes

8/4/2026 4:32:59 PM

$6,146.39

Page 9 of 9

Report ID: HCLT03

106

Annual Cumulative Health Insurance Costs (0004)
5,000,000
4,500,000
4,000,000
3,500,000
3,000,000
2,500,000
2,000,000
1,500,000
1,000,000
500,000
-

Jan

Feb

Mar

Apr

2021

May

2022

Jun

Jul

2023

Aug

2024

Sep
2025

Oct

Nov

Dec

2026

Monthly Health Insurance Costs (0004)
600,000

6299 - Self-Ins Stop
Loss Insurance
6297 - Self-Ins
Pharmacy TPA
6296 - Self-Ins
Medical TPA
6295 - Self-Ins
Telemedicine
6294 - Self-Ins HSA
ER Contribution
6293 - Self-Ins
Broker
6292 - Self-Ins
Wellness Program
6291 - Self-Ins
Pharmacy Claims
6290 - Self-Ins
Medical Claims

500,000

400,000

300,000

200,000

100,000

-

Jan

Feb

Mar

Apr

May

Jun

Jul

2026

107