Kansas Register Vol. 41, No. 23 June 9, 2022 - Kansas Secretary of State
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1068 Table of Contents Kansas Register In this issue … Page The Kansas Register is an official publication of the state of Kansas, Rates published by authority of K.S.A. Pooled Money Investment Board 75-430. The Kansas Register is pub- lished weekly and a cumulative Notice of Investment Rates...................................................................................................1069 index is published annually by the Kansas Secretary of State. Notices © Kansas Secretary of State 2022. Kansas Department of Administration – Office of Accounts and Reports Reproduction of the publication in Notice of Petroleum Storage Tank Release Trust Fund Unobligated Balances.............1069 its entirety or for commercial pur- Azura Credit Union poses is prohibited without prior Notice of Field of Membership Change..............................................................................1069 permission. Official enactments of the Kansas Legislature and pro- Kansas Water Authority posed and adopted administrative Notice of Meeting...................................................................................................................1069 regulations of state agencies may Kansas Department of Wildlife and Parks be reproduced in any form without permission. Notice of Agreement for Land Purchase in Franklin County.........................................1069 City of Olathe, Kansas Current and back issues of the Kan- Notice of Intent to Conduct Environmental Assessment for I-35 and sas Register (HTML and PDF Format) Santa Fe Street Interchange and Corridor.......................................................................1069 can be found at https://www.sos. ks.gov/publications/kansas-register. Kansas Department of Revenue – Division of Vehicles html. Notice of Intent to Establish a New Line-Make for an Existing New Motor Vehicle Dealer..........................................................................................................1070 Kansas Department of Administration – Office of Facilities and Property Management Notice of Requested “On-Call” Civil Engineering Services............................................1070 Wichita State University Notice of Intent to Lease Real Property..............................................................................1071 Kansas State Board of Regents Universities Notice of Intent to Sell Real Property by Emporia State University...............................1071 Notice to Bidders....................................................................................................................1071 Pathway Church Notice to Bidders for Access Control System....................................................................1072 Kansas Department of Health and Environment – Division of Health Care Finance Notice of Amendment to the Medicaid State Plan............................................................1072 Kansas Department of Health and Environment Notice of Intent to Issue Permit for Proposed Waste Tire Processing Facility..............1073 Register Office: Notice Concerning Proposed Air Quality Class I Operating Permit Renewal 1st Floor, Memorial Hall for Plumb Thicket Landfill.................................................................................................1073 785-368-8095 Notice Concerning Water Pollution Control Permits and Applications........................1074 kansasregister@ks.gov Kansas Department of Transportation Notice to Consulting Firms for Embedded Project Supervisor/Construction Administrator for District 1, Area 3 in Bonner Springs, Kansas..................................1075 Notice to Consulting Firms for Embedded Construction Administrator for District 1, Area 5 in Wamego, Kansas..............................................................................1077 Notice to Consulting Firms for Embedded Construction Inspectors for District 6...............................................................................................................................1079 Notice to Consulting Firms for 4-Lane Expressway Project in Ford County................1080 Executive Branch Office of the Governor Executive Directive No. 22-552, Authorizing Personnel Transactions and Authorizing Expenditure of Federal Funds....................................................................1082 Published by Bonds Scott Schwab City of Mulvane, Kansas Secretary of State Summary Notice of Bond Sale.............................................................................................1082 1st Floor, Memorial Hall Kansas Development Finance Authority 120 SW 10th Ave. Notice of Hearing on Proposed Agricultural Development Revenue Bonds...............1083 Topeka, KS 66612-1594 785-296-4564 https://www.sos.ks.gov Cover Artwork: Kansas Capitol, Topeka Photo by Todd Caywood © Kansas Secretary of State 2022 Vol. 41, No. 23, June 9, 2022
Table of Contents/Rates/Notices 1069 Kansas Register New State Laws House Bill 2540, concerning controlled substances; relating to substances included in schedules I, II, IV and V on the uniform controlled substances act; amending the definition of controlled substances in the Kansas criminal code; excluding certain drug products from the definition of marijuana................................................................................................................................................................................................ 1084 Index to administrative regulations................................................................................................................................................... 1093 State of Kansas State of Kansas Pooled Money Investment Board Kansas Water Authority Notice of Investment Rates Notice of Meeting The following rates are published in accordance with The Kansas Water Authority will meet at 9:00 a.m. K.S.A. 75-4210. These rates and their uses are defined in Wednesday, June 22, 2022, at the The Foundry at Block K.S.A. 12-1675(b)(c)(d) and K.S.A. 12-1675a(g). 22, 402 N. Broadway, Pittsburg, KS 66762. More informa- Effective 6-6-22 through 6-12-22 tion is available at https://www.kwo.ks.gov. Term Rate Katie Patterson-Ingels 1-89 days 0.83% Communications Director 3 months 1.18% Kansas Water Office 6 months 1.58% Doc. No. 050220 12 months 2.16% 18 months 2.38% State of Kansas 2 years 2.58% Department of Wildlife and Parks Scott Miller Director of Investments Public Notice Doc. No. 050208 The Kansas Department of Wildlife and Parks has reached agreement for the purchase of a tract of land in State of Kansas Franklin County, Kansas. The parcel consists of 1.02 acres, Department of Administration more or less, located in the SW ¼ of Section 28, Town- Office of Accounts and Reports ship 16 South, Range 19 East in Franklin County, Kansas. The appraised value is $4,980. The total purchase price is Public Notice $4,980. The tract will be managed as part of the Kansas Department of Wildlife and Park’s Flint Hills Trail. Under requirements of K.S.A. 65-34,117(c), as amend- ed, records of the Office of Accounts and Reports show Brad Loveless the unobligated balances are $6,280,542.09 in the Under- Secretary ground Petroleum Storage Tank Release Trust Fund and Doc. No. 050212 $2,388,192 in the Aboveground Petroleum Storage Tank Release Trust Fund at May 31, 2022. (Published in the Kansas Register June 9, 2022.) Jocelyn Gunter, Director City of Olathe, Kansas Office of Accounts and Reports Doc. No. 050215 Notice of Intent to Conduct Environmental Assessment (Published in the Kansas Register June 9, 2022.) Public notice is hereby given that the City of Olathe, Azura Credit Union Kansas, in cooperation with the Kansas Department of Transportation (KDOT) and the Federal Highway Ad- Notice of Field of Membership Change ministration (FHWA), will prepare an Environmental As- sessment (EA) for a proposal to upgrade the existing I-35 Azura Credit Union, located at 610 SW 10th Ave., To- and Santa Fe Street interchange and the adjacent Santa Fe peka, Kansas, intends to alter its field of membership. An Street corridor located within the City of Olathe, Johnson application has been filed with the Kansas Department of County, Kansas. Credit Unions to alter its field of membership by adding Santa Fe Street is located approximately two-miles the following Kansas counties to the credit union’s field south of 119th Street and approximately one-mile north of membership: Barton, Kingman, Osborne, Pratt, Reno, of Old 56 Highway along I-35 in Olathe, Johnson Coun- Russell, Sedgwick, Smith, and Stafford. ty, Kansas. The Santa Fe/Ridgeview Road intersection Greg A. Winkler serves as the western project terminus and the Santa Fe President/CEO Street/Mur-Len Road intersection is the eastern terminus. Doc. No. 050181 (continued) Vol. 41, No. 23, June 9, 2022 © Kansas Secretary of State 2022
1070 Notices Kansas Register This corridor includes the existing five-ramp partial clo- Pursuant to K.S.A. 8-2430(a)(5), any existing new mo- verleaf interchange at I-35, with four ramp terminals and tor vehicle dealer may protest the proposed addition of a northbound I-35 to westbound Santa Fee Street loop the new franchise of Vanderhall line-make franchised ve- ramp. Improvements associated with the interchange hicles if that existing new motor vehicle dealer has a fran- will extend along I-35 no further than 2,500 feet north or chise agreement for the same line-make vehicle as that south of Santa Fe Street. which is to be sold or offer for sale by 3.2.1 Powersports, Within the EA, the City of Olathe, Kansas, KDOT, and Inc. dba 3.2.1 Kawasaki at 2405 W. Central, El Dorado KS FHWA will evaluate a “No Action” alternative as well 67402, and provided that the existing new motor vehicle as improvement alternatives. Improvement alternatives dealer is physically located such that its relevant market will include new interchange configurations and poten- area, as defined in K.S.A. 8-2430(e) includes the location tial roadway improvements both east and west of the in- where the new Vanderhall line-make franchised dealer- terchange on Santa Fe Street. ship will be located. The City of Olathe, Kansas, KDOT, and FHWA plan to Pursuant to K.S.A. 8-2430(a), any petition or complaint prepare an EA for the project. The EA will analyze the by any dealer withstanding to protest must be filed with potential social, economic, and environmental impacts the Director of Vehicles within thirty (30) days of this no- resulting from the proposed project. The following issues tice. Such petitions or complaints must be directed to the will be specifically analyzed as part of the EA: impacts to following address: the aquatic ecosystem, impacts to cultural resources; im- Kansas Department of Revenue pacts to threatened and endangered species; impacts to Director of Vehicles floodplains; impacts to transportation; impacts to parks/ Zibell Building recreation; environmental justice; and socioeconomics. PO Box 2505 This includes direct and indirect impacts. Other federal Topeka, KS 66611 approvals or permits that may also be required in addition. A scoping and coordination process will be initiated Mark A. Berghart that involves appropriate federal, state, and local agen- Secretary Doc. No. 050224 cies, as well as stakeholders and the public. This will continue throughout the study to engage the local and regional community, to obtain public input and to keep State of Kansas the public informed. Coordination meetings will be held Department of Administration as needed with affected/concerned local, state, tribal, and Office of Facilities and Property Management federal governmental entities. Public meetings will be held to gather input and share findings on the EA. The Notice of Requested “On-Call” Engineering Services EA will be made available for public and agency review Notice is hereby given of the commencement of the se- and comment prior to the final public meeting. lection process for “on-call” civil engineering services for To ensure that the full range of issues related to the the Kansas Department of Administration, Office of Fa- proposed action are addressed and all significant issues cilities and Property Management. Services are required defined, comments and suggestions are invited from all for restricted (small) projects with a project budget of interested parties. Comments or questions concerning $1,000,000 or less. One or more firms will be selected. The the proposed action and the EA should be directed to contracts will be for three years. Other state agencies with- KDOT at: out their own civil on-call engineers may use this contract. City of Olathe For more information, contact Gary Reinheimer at Therese Vink, P.E., Assistant City Engineer gary.reinheimer@ks.gov or 785-296-5208. Firms interest- PO Box 768 ed in providing these services should be familiar with Olathe, KS 66061 the requirements which can be found in Part B-Chapter 913-971-9032 4 of the Building Design and Construction Manual at the tmersmann@olatheks.org website below. Kelsey Heavin To be considered, one (1) PDF file of the following Public Involvement Manager should be provided: State of Kansas Professional Quali- HNTB Corporation fications DCC Forms 051-054, inclusive, and information Doc. No. 050213 regarding similar projects. These forms may be found at https://admin.ks.gov/offices/facilities-property-manage- State of Kansas ment/design-construction--compliance/forms-and-docu- ments. State of Kansas Professional Qualifications DCC Department of Revenue Form 050 for each firm and consultant should be provid- Division of Vehicles ed at the end of each proposal. Please include your firm name, agency abbreviation, and an abbreviated project Notice of Intent to Establish a New Line-Make name in the title of the PDF document. Proposals should for an Existing New Motor Vehicle Dealer be less than 5 Mb and follow the current State Building Notice has been received from 3.2.1 Powersports, Inc. Advisory Commission guidelines which can be found in dba 3.2.1 Kawasaki of their intent of selling Vanderhall Part B – Chapter 2 of the Building Design and Construction line-make franchised vehicles from the location of 2405 Manual at https://admin.ks.gov/offices/facilities-proper- W. Central, El Dorado KS 67402. ty-management/design-construction--compliance/build- © Kansas Secretary of State 2022 Vol. 41, No. 23, June 9, 2022
Notices 1071 Kansas Register ing-design-and-construction-manual-bdcm. Paper cop- erty Manager Crystal Stegeman at crystal.stegeman@ ies and flash drives containing copies of the proposals wichita.edu. This publication is being published pursu- are not required. ant to K.S.A. 75-430a(d), to the extent applicable. Proposals should be sent to professional.qualifications@ Crystal Stegeman ks.gov. Proposals received after the date and time noted University Property Manager below will not be forwarded to the State Building Advi- Office of the Vice President for sory Commission for review. If you have questions, call Administration and Finance 785-296-0749. The PDF proposal submissions shall be de- Doc. No. 050070 livered to the attention of Randy Riveland by 2:00 p.m. on or before June 24, 2022. State of Kansas The State of Kansas, as a matter of public policy, en- courages anyone doing business with the State of Kan- Board of Regents Universities sas to take steps to discourage human trafficking. If pro- Notice of Intent to Sell Real Property spective bidders/vendors/contractors have any policies or participate in any initiatives that discourage human Emporia State University announces its intent to the trafficking, then the prospective bidder/vendor/contrac- following tract of real property as follows: tor is encouraged to submit same as part of their bid The Earl Center, 1601 State St., Emporia, Lyon Coun- response. ty, KS, [Janet’s Subdivision, S10, T19S, R11E, Lot 3], Frank Burnam, Director approximately two acres with office building and Office of Facilities and Property Management paved parking lot. Doc. No. 050217 For more information, contact Diana Kuhlmann, Vice President for Administration and Finance at dkuhlman@ State of Kansas emporia.edu or 620-341-5173. Wichita State University Diana Kuhlmann Vice President for Administration and Finance Notice of Intent to Lease Real Property Emporia State University Doc. No. 050141 Public notice is hereby given that Wichita State Univer- sity (WSU), directly or through its affiliate corporation Wichita State Innovation Alliance, Inc., intends to lease, State of Kansas subject to all required state approvals, up to four acres Board of Regents Universities of real property located on the Wichita State Universi- ty’s campus designated as the “Innovation Campus,” Notice to Bidders for the private development and operation of a partner- The universities of the Kansas Board of Regents en- ship building or buildings. The university is interested courage interested vendors to visit the various universi- in leasing such ground to any individual, organization, ties’ purchasing offices’ websites for a listing of all trans- or entity whose presence on campus would advance the actions, including construction projects, for which the university’s applied learning vision or its mission as an universities’ purchasing offices, or one of the consortia educational, cultural, and economic driver for Kansas commonly utilized by the universities, are seeking infor- and the greater public good. The university intends to mation, competitive bids, or proposals. The referenced lease such space for a mutually agreeable period of time construction projects may include project delivery con- up to sixty years, but extended terms and renewal op- struction procurement act projects pursuant to K.S.A. 76- tions would be considered. Interested tenants must be 7,125 et seq. willing to be a good fit with the university’s educational mission and identify anticipated benefits to the univer- Emporia State University – Bid postings: https://www. sity, its students, and the WSU community (i.e. applied emporia.edu/about-emporia-state-university/business- learning, joint research, faculty start-up, WSU curric- office/purchasing. Additional contact information: phone: ulum or program support, etc.), and must agree to the 620-341-5137, email: purchaseorders@emporia.edu. Mail- essential ground lease terms and restrictive covenants. ing address: Emporia State University Purchasing, Cam- Interested tenants will be evaluated on: proposal terms, pus Box 4021, 1 Kellogg Circle, Emporia, KS 66801. demonstrated benefit to WSU, design concepts, finan- Fort Hays State University – Electronic bid post- cial stability, and proposed use. Interested tenants will ings: http://www.fhsu.edu/purchasing/bids. Additional be required to construct adjacent and adequate surface contact information: phone: 785- 628-4251, fax: 785-628- parking that will not be included in the leased ground. 4046, email: purchasing@fhsu.edu. Mailing address: Fort Rental rate shall be based on fair market value and nego- Hays State University Purchasing Office, 601 Park St., tiable based on term of lease, purpose/use of building im- Sheridan Hall 318, Hays, KS 67601. provement, and benefit to the university. The university Kansas State University – Bid postings: https://dfs. will consider serious offers and inquiries with detailed ksucloud.net/rfq. All bids must be submitted via Kan- proposal terms from any financially qualified individu- sas State University’s Vendor Bid Submission Secure al, group, organization. If interested, please contact Se- File Upload portal, https://www.k-state.edu/finsvcs/ nior Vice President for Industry and Defense Programs, purchasing/bidsubmission.html. Additional contact Dr. John Tomblin at john.tomblin@wichita.edu or Prop- (continued) Vol. 41, No. 23, June 9, 2022 © Kansas Secretary of State 2022
1072 Notices Kansas Register information: phone: 785-532-6214, fax: 785-532-5577, irregularly between 9:00 a.m. and 3:00 p.m. “Next email: kspurch@k-state.edu. Mailing address: Division of Day Delivery” does not guarantee delivery by the Financial Services/Purchasing, 2323 Anderson Ave., Kan- deadline and all bids received after the stated dead- sas State University, Manhattan, KS 66506. line will be rejected and unopened. Bids submitted Pittsburg State University – Bid postings: https://www. by email or fax will not be accepted. pittstate.edu/office/purchasing. Additional contact infor- 4. All bids must be clearly labeled “BID for Access mation: phone: 620-235-4169, email: sburke@pittstate.edu. Control” and mailed to: Mailing address: Pittsburg State University, Purchasing Pathway Church Office, 1701 S. Broadway, Pittsburg, KS 66762. c/o Facilities Director University of Kansas – Electronic bid postings: http:// 2001 N. Maize Rd. www.procurement.ku.edu. Due to Covid-19, the Univer- Wichita, KS 67212 sity of Kansas will not be accepting paper bids until fur- 5. All bids must remain valid for a minimum of thirty ther notice. Additional contact information: phone: 785- (30) days from bid opening date. 864-5800, email: purchasing@ku.edu. 6. Procurement questions and product/service speci- fication questions are to be directed to Dan Doer- University of Kansas Medical Center – Electronic bid flinger at Dan.Doerflinger@PathwayChurch.com. postings: http://www.kumc.edu/finance/purchasing/bid- 7. This Request for Bids has been published at https:// opportunities.html. Additional contact information: pathwaychurch.com/accesscontrolbid and in the phone: 913-588-1117, email: hunkemoore@kumc.edu. Kansas Register. Mailing address: University of Kansas Medical Center, Purchasing Department, Mail Stop 2034, 3901 Rainbow Acknowledgments Blvd., Kansas City, KS 66160. 1. This purchase is financed by a federal grant from the U.S. Department of Homeland Security and Wichita State University – Bid postings: http://www. administered by the Kansas Highway Patrol in its wichita.edu/purchasing. Additional contact information: capacity as State Administrative Authority (SAA); phone: 316-978-3080, fax: 316-978-3738, email: purchasing. which does not allow prepayment. office@wichita.edu. Mailing address: Wichita State Uni- 2. Vendor understands there is a termination date versity, Office of Purchasing, 1845 Fairmount Ave., Cam- of March 22, 2023 associated with this grant. Any pus Box 38, Wichita, KS 67260-0038. products or services not delivered prior to that Kathy Herrman date are subject to cancellation at the sole discre- Chair of Regents Purchasing Group tion of Pathway Church without penalty or fee of Purchasing Director any kind being assessed to Pathway Church or Fort Hays State University identified end-user by the vendor if such action is Doc. No. 049784 taken. 3. Vendor hereby acknowledges it has read any ques- (Published in the Kansas Register June 9, 2022.) tions and responses that arose during the bidding Pathway Church process on the Pathway Church website and ad- dressed those; if applicable. Notice to Bidders 4. The vendor understands and agrees that the follow- ing terms and conditions apply to agreements and Pathway Church hereby invites you to submit a sealed purchase orders funded by the U.S. Department of bid on the goods and services described below. A com- Homeland Security and issued by Pathway Church plete background on the Pathway Church and the pro- are subject to the provisions of the Code of Federal curement process it follows can be seen by going to Regulations, 2 CFR Chapter I, Chapter II, Part 200, et al. http://www.pathwaychurch.com/accesscontrolbid. Uniform Administrative Requirements, Cost Principles, Instructions and Audit Requirements for Federal Awards; Final Rule, 1. Pathway Church in Wichita, Kansas wishes to ac- July 22, 2015 and 44 CFR Part 13.36. quire a new access control system. 5. Estimated project value exceeds $90,000. 2. If an equivalent item is offered as a substitute, that Dan Doerflinger item must be clearly identified, and specifications Facilities Director provided. Such substitute products will be accept- Doc. No. 050214 ed only if they can be shown to function at a level equal to or better than that specified and then only if State of Kansas the product is satisfactory to the end-user. Pathway Church selection committee reserves the right to de- Department of Health and Environment termine equivalency. Division of Health Care Finance 3. Sealed bids will be accepted until 3:00 p.m. (CDT) June 19, 2022. At that time, all bids received will be Public Notice publicly opened and read aloud. The vendor who The Kansas Department of Health and Environment, is awarded the bid will be contacted via phone, on Division of Health Care Finance (KDHE-DHCF) is Monday, June 20, 2022. Pathway’s office is served amending the Kansas Medicaid State Plan to increase the by FedEx, UPS and USPS with deliveries occurring ambulance reimbursement rates. © Kansas Secretary of State 2022 Vol. 41, No. 23, June 9, 2022
Notices 1073 Kansas Register The proposed effective date for the State Plan Amend- not later than July 8, 2022, to Emery Wiens at the follow- ment (SPA) is July 1, 2022. ing address: Fee-For- Estimated Federal Kansas Department of Health and Environment Service Only Financial Participation Bureau of Waste Management FFY 2022 $88,840 1000 SW Jackson, Suite 320 FFY 2023 $370,864 Topeka, KS 66612 To request a copy of the proposed SPA, to submit a After consideration of all comments received, the di- comment, or to review comments, please contact Wil- rector of the Division of Environment will make a final liam C. Stelzner by email at william.stelzner@ks.gov or decision on whether to issue the permit. Notice of the by mail at: decision will be given to anyone who submitted written comments during the comment period and to those who William C. Stelzner requested notice of the final permit decision. Kansas Department of Health and Environment Division of Health Care Finance Janet Stanek 900 SW Jackson, Room 900N Secretary Topeka, KS 66612. Doc. No. 050209 The last day for public comment is July 11, 2022. State of Kansas Draft copies of the proposed SPA may also be found at a Local Health Department (LHD). Department of Health and Environment Sarah Fertig Notice Concerning Proposed Kansas Air State Medicaid Director Quality Class I Operating Permit Renewal Doc. No. 050221 Notice is hereby given that the Kansas Department of State of Kansas Health and Environment (KDHE) is soliciting comments regarding a proposed air quality operating permit. Department of Health and Environment Plumb Thicket Landfill has applied for a Class I operat- ing permit renewal in accordance with the provisions of Public Notice K.A.R. 28-19-510 et al. The purpose of a Class I permit is The Kansas Department of Health and Environment to identify the sources and types of regulated air pollut- (KDHE) has reviewed an application from Champlin Tire ants emitted from the facility; the emission limitations, Recycling, Inc., for a modification to its existing waste tire standards, and requirements applicable to each source; processing facility permit. Waste tires will be brought to and the monitoring, record keeping, and reporting re- the site from customers in Kansas and other states. A max- quirements applicable to each source as of the effective imum of 30,000 Passenger Tire Equivalents (PTE’s) will be date of permit issuance. allowed on-site, and 200 tons of processed material, ac- Plumb Thicket Landfill, 440 NE 150th Rd., Harper, cording to their proposed Facility Operating Plan. Harper County, KS 67058, owns and operates a munic- The Waste Tire Processing Facility will be located in ipal solid waste landfill located at 440 NE 150th Rd., the NW ¼ of Section 14, Township 31S, Range 24 E, in Harper, Harper County, KS 67058. Crawford County, at the address of 1208 S. 190th St., A copy of the proposed permit, permit application, Weir, Kansas. KDHE has reviewed the application and all supporting documentation, and all information re- found it to be in conformance with state solid waste stat- lied upon during the permit application review process utes and regulations. are available for public review during normal business KDHE is providing public notice of its intent to issue a hours of 8:00 a.m. to 5:00 p.m. at the KDHE, Bureau permit to Champlin Tire Recycling, Inc, for the proposed of Air (BOA), 1000 SW Jackson, Suite 310, Topeka, KS waste tire processing facility described herein. A copy 66612-1366 and at the South Central District Office, 300 of the administrative record, which includes the draft W. Douglas, Suite 700, Wichita, KS 67202. To obtain or permit and all information regarding this permit mod- review the proposed permit and supporting documenta- ification action, is available for public review until July tion, contact Jacob Zortman, 785-296-5231, at the central 8, 2022, during normal business hours, Monday through office of the KDHE or Allison Herring, 316-337-6020, at Friday, at the following location: the South Central District Office. The standard depart- Office of The Crawford County Clerk mental cost will be assessed for any copies requested. 111 E. Forest The proposed permit, accompanied with supporting in- Girard, Ks 66743 formation, is available, free of charge, at the KDHE BOA Contact: Lisa Lusker, County Clerk Public Notice website at https://www.kdhe.ks.gov/413/ 620-724-6115 Public-Notices. Please direct written comments or questions regard- Additionally, the application form with primary per- ing the proposed permit to Jacob Zortman, KDHE, BOA, mit information is available for public viewing on the 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366. In KDHE Bureau of Waste Management website at https:// order to be considered in formulating a final permit de- www.kdhe.ks.gov/676/Solid-Waste-Public-Notices. cision, written comments must be received no later than Anyone wishing to comment on the draft permit in- 12:00 p.m. Monday, July 11, 2022. formation should submit written statements postmarked (continued) Vol. 41, No. 23, June 9, 2022 © Kansas Secretary of State 2022
1074 Notices Kansas Register A person may request a public hearing be held on the Public Notice No. KS-AG-22-141 proposed permit. The request for a public hearing shall Application(s) for New or Expansion be in writing and set forth the basis for the request. The of Existing Swine Facilities written request must be submitted to Jacob Zortman, KDHE BOA, 1000 SW Jackson, Suite 310, Topeka, KS Name and Address Owner of Property Where of Applicant Facility Will Be Located 66612-1366, no later than 12:00 p.m. Monday, July 11, 2022, in order for the Secretary of Health and Environ- Seaboard Foods, LLC – Seaboard Foods, LLC – ment to consider the request. Ladder Creek West Ladder Creek West 2801 Hurliman Rd. 2801 Hurliman Rd. The U.S. Environmental Protection Agency (EPA) has a Guymon, OK 73942 Guymon, OK 73942 45-day review period, which will start concurrently with Legal Description Receiving Water the public comment period, within which to object to the proposed permit. If the EPA has not objected in writing NE/4 and SW/4 of Section 16 & Smoky Hill River Basin S/2 of Section 17 & to the issuance of the permit within the 45-day review N/2 of Section 20 period, any person may petition the administrator of the T16S, R41W EPA to review the permit. The 60-day public petition pe- Greeley County riod will directly follow the EPA’s 45-day review period. Kansas Permit No. A-SHGL-H002 Interested parties may contact KDHE to determine if the Federal Permit No. KS0100862 EPA’s 45-day review period has been waived. This is notification KDHE has received a complete permit application Any such petition shall be based only on objections to for modifications to the operation of a swine waste management fa- the permit that were raised with reasonable specificity cility. The maximum number of animal units at the facility will be during the public comment period provided for in this 105,600. The facility will be utilized for a maximum of 264,000 head of swine weighing up to 70 pounds, at which point the population notice, unless the petitioner demonstrates that it was im- will be reduced to 132,000 head of swine weighing up to 280 pounds. practicable to raise such objections within such period, Alternatively, the facility will be utilized for a maximum of 132,000 or unless the grounds for such objection arose after such head of swine weighing greater than 55 pounds. The complete appli- period. Contact Keith Johnson, U.S. EPA, Region 7, Air cation can be viewed at the office of the Greeley County Clerk, the KDHE Southwest District Office in Dodge City, Kansas or the KDHE Permitting and Compliance Branch, 11201 Renner Blvd., Main Office in Topeka, KS. A permit to operate the proposed mod- Lenexa, KS 66219, 913-551-7960, to determine when the ified swine waste management system will not be issued without 45-day EPA review period ends and the 60-day petition public notice. period commences. Janet Stanek Public Notice No. KS-AG-22-142/146 Secretary Pending Permits for Confined Feeding Facilities Doc. No. 050210 Name and Address Legal Description Receiving Water of Applicant State of Kansas Seaboard Foods, LLC – NE/4 and SW/4 Smoky Hill River Department of Health and Environment Ladder Creek West of Section 16 & Basin Intersection of Road S/2 of Section 17 & Notice Concerning Kansas/Federal Water D and Road 10 N/2 of Section 20 Pollution Control Permits and Applications Tribune, KS 67879 T16S, R41W Greeley County In accordance with Kansas Administrative Regula- Kansas Permit No. A-SHGL-H002 tions 28-16-57a through 63, 28-18-1 through 17, 28-18a-1 Federal Permit No. KS0100862 through 31 and 33, 28-16-150 through 154, 28-46-7, and The proposed action is to modify and reissue the existing State/NP- the authority vested with the state by the administrator DES permit for a facility for a maximum number of animal units at of the U.S. Environmental Protection Agency, various the facility of 105,600. The facility will be utilized for a maximum of draft water pollution control documents (permits, no- 264,000 head of swine weighing up to 70 pounds, at which point the tices to revoke and reissue, notices to terminate) have population will be reduced to 132,000 head of swine weighing up to 280 pounds. Alternatively, the facility will be utilized for a maximum been prepared and/or permit applications have been re- of 132,000 head of swine weighing greater than 55 pounds. This rep- ceived for discharges to waters of the United States and resents no change in the permitted animal units from the previous the state of Kansas for the class of discharges described permit. This permit is also being modified to a maximum of 132,000 below. head (105,600 animal units) of swine weighing more than 55 pounds. This permit is also being modified to reflect proposed changes to the The proposed actions concerning the draft documents existing waste management system. The proposed modifications are are based on staff review, applying the appropriate stan- to modify five (5) existing earthen wastewater retention structures dards, regulations, and effluent limitations of the state to be utilized as covered anaerobic methane digesters to capture of Kansas and the Environmental Protection Agency. biogas for beneficial use, construct two (2) new earthen wastewater The final action will result in a Federal National Pollut- retention structures, and utilize four (4) existing earthen wastewater retention structures. ant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, Name and Address Legal Description Receiving Water of Applicant subject to certain conditions, revocation, and reissuance of the designated permit or termination of the designat- Denver Lawson NW/4 of Section 27 Neosho River Basin 367 W. K-126 Hwy. T30S, R23E ed permit. Pittsburg, KS 66762 Crawford County Kansas Permit No. A-NECR-F001 © Kansas Secretary of State 2022 Vol. 41, No. 23, June 9, 2022
Notices 1075 Kansas Register The proposed action is to reissue an existing state permit for an existing ument/application indicates significant public interest, a facility for 46,500 head (837 animal units) of turkeys. There will be no public hearing may be held in conformance with K.A.R. change in the operation or permitted number of animal units from 28-16-61 (28-46-21 for UIC). A request for public hearing the previous permit. This facility has an approved Waste Manage- must be submitted in writing and shall state the nature ment Plan on file with KDHE. of the issues proposed to be raised during the hearing. Name and Address Legal Description Receiving Water Comments or objections for agricultural related draft of Applicant documents, permit applications, registrations or actions Mercer Dairy LLC SE/4 of Section 24 Lower Arkansas should be submitted to the attention of Paige Drury, 525 N. Bluff Rd. T31S, R04W River Basin Argonia, KS 67004 Sumner County Livestock Waste Management Section at the KDHE, Bu- reau of Environmental Field Services (BEFS), 1000 SW Kansas Permit No. A-ARSU-M004 Jackson, Suite 430, Topeka, KS 66612. Comments or ob- The proposed action is to reissue an existing state permit for an existing jections for all other proposed permits or actions should facility for 100 head (140 animal units) of mature dairy cattle. There be sent to Michael Beezhold at the KDHE, Bureau of Wa- will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste ter, 1000 SW Jackson St., Suite 420, Topeka, KS 66612. Management Plan on file with KDHE. All draft documents/applications and the supporting Name and Address Legal Description Receiving Water information including any comments received are on of Applicant file and may be inspected at the offices of the KDHE. For agricultural related draft documents or applications an Watts Dairy SW/4 of Section 20 Neosho River Basin Michael Watts T27S, R19E appointment can be scheduled, or copies requested by 21350 Jackson Rd. Neosho County contacting Mirina Landry at 1000 SW Jackson St., Suite Chanute, KS 66720 430, Topeka, KS 66612, telephone 785-296-0076 or email Kansas Permit No. A-NENO-M012 at kdhe.feedlots@ks.gov. For all other proposed permits The proposed action is to reissue an existing state permit for an exist- or actions an appointment can be scheduled, or copies ing facility for 65 head (91 animal units) of mature dairy cattle and requested by contacting Christopher Zwiener, Bureau of 25 head (12.5 animal units) of dairy calves, for a total of 103.5 ani- Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, mal units of dairy cattle. There will be no change in the operation telephone 785-296-3056 or email at Christopher.Zwiener@ or permitted number of animal units from the previous permit. This ks.gov. These documents are available upon request at facility has an approved Waste Management Plan on file with KDHE. the copying cost assessed by KDHE. Application infor- Name and Address Legal Description Receiving Water mation and components of plans and specifications for all of Applicant new and expanding swine facilities are available at http:// McCarty Family W/2 & NE/4 of Solomon River Basin www.kdhe.ks.gov/livestock. Division of Environment of- Farms – Rexford Section 18 & 2231 CR 31 NW/4 of Section 17 fices are open from 8:00 a.m. to 5:00 p.m., Monday through Rexford, KS 67753 T07S, R31W Friday, excluding holidays. Thomas County Janet Stanek Kansas Permit No. A-SOTH-D001 Secretary Federal Permit No. KS0095150 Doc. No. 050216 The proposed action is to approve an update to the Nutrient Manage- ment Plan (NMP) received for this existing facility currently per- State of Kansas mitted for 10,800 head (15,120 animal units) of mature dairy cattle; 1,700 head (1,700 animal units) of dairy cattle weighing more than Department of Transportation 700 pounds; and 100 head (50 animal units) of dairy cattle weighing 700 pounds or less; for a total of 12,600 head (16,870 animal units) of Notice to Consulting Firms dairy cattle. The facility’s NMP was updated to include the addition of seven new land application fields. There are no changes to the The Kansas Department of Transportation (KDOT) is permit or in the permitted number of animal units. Only the updated seeking a qualified consulting firm to perform profes- portion of the Nutrient Management Plan is subject to comment. sional services for the project described below. Interest- ed consultants must email a proposal to KDOT.Design Persons wishing to comment on or object to the draft Contracts@ks.gov by 12:00 p.m. (CDT) June 22, 2022, to documents and/or permit applications must submit their be considered for selection. comments in writing to the Kansas Department of Health Consultant Prequalification and Environment (KDHE) if they wish to have the com- Interested consulting firms must be prequalified by ments or objections considered in the decision-making KDOT or otherwise demonstrate qualification in Catego- process. All written comments regarding the draft docu- ry 241 Construction Inspection and Testing. ments, application or registration notices received on or If a firm is not currently prequalified by KDOT, a pro- before July 9, 2022, will be considered in the formulation posal may still be submitted. Firms not prequalified must of the final determination regarding this public notice. also provide documentation that demonstrates the firm is Please refer to the appropriate Kansas document number qualified for each specified category listed in this notice (KS-AG-22-141/146) and name of the applicant/permittee for the project. Firms must use the KDOT prequalification when preparing comments. form to provide this documentation. KDOT 1050 Prequal- All comments received will be responded to at the ification Category Definitions (Blue Book) can be found at time the Secretary of Health and Environment issues a http://www.ksdot.org/descons.asp. Consultants may cre- determination regarding final agency action on each ate a team to meet the prequalification requirements. All draft document/application. If response to any draft doc- (continued) Vol. 41, No. 23, June 9, 2022 © Kansas Secretary of State 2022
1076 Notices Kansas Register firms doing business with KDOT must be registered and agement software (CMS) and completion of the in good standing under the laws of the State of Kansas at KDOT AASHTOWare training. the time of contracting and must comply with applicable Anticipated Schedule and Key Dates state and federal laws, rules, and regulations. 1. Proposals are due by or before 12:00 p.m. (CDT) Anticipated Consultant Scope June 22, 2022 The KDOT District 1, Area 3 Bonner Springs, Kansas 2. The program fiscal year for this project is FY 2023 Construction Office is requesting an embedded consultant (July 2022–June 2023) to provide full time, in house, technical and construction 3. Anticipated Start Date: July 2022 contract administration as further described below. 4. Anticipated Completion: December 9, 2022 Under the direction of the Field Engineering Adminis- trator (FEA), Construction Engineer (CE) or Engineering Instructions for Proposal Technician Specialist (ETSp) the embedded consultant 1. No cost or pricing information shall be submitted shall assist with construction project supervision, inspec- with the proposal. Proposals including cost or pric- tion staffing, and contract administration. The consultant ing information will be considered non-responsive may serve as project supervisor of complex construction and withdrawn from further consideration. projects and/or multiple smaller projects. Duties include, 2. The consultant’s proposal must not exceed 4 pag- but are not limited to: es total (including any cover letter, index, etc.). All pages shall be standard letter size (8.5” x 11”). Any • Provide recommendations to the FEA, CE and ETSp page larger than standard letter size will be count as regarding project actions, staffing, and any other two or more pages depending on size. project related matters. 3. A single PDF (2MB maximum size) of the propos- • Review or compilation of project documentation for all phases of work performed to substantiate the al including all attachments must be emailed to contract payments. This documentation includes KDOT.DesignContracts@ks.gov by the proposal daily diaries, weekly recaps, test reports, final pa- due date and time. pers, and data entered into AASHTOWare Project 4. The subject line of the email and the PDF file name (AWP). must read: • Make determination on the charges of working days. a. “FC-1001-23-EmbedSuper.Admin in D1A3 Bon- • Represent KDOT in all project-related meetings and ner Spring_FIRM NAME” conferences. 5. The proposal must be accompanied by Special At- • Provide guidance to the construction staff in the re- tachments No. 8 (“Tax Clearance Certificate”) and view of construction plans such as verifying quan- No. 10 (“Policy Regarding Sexual Harassment”). If tities, grade computations, and earthwork balances. you need a Tax Clearance Certificate, you can request • Maintain contact with the contractor’s project man- one at https://www.ksrevenue.gov/taxclearance. ager. html. Allow 2-3 business days for processing. 6. The outline in Table 1 below describes the expected In addition, the consultant will serve as a mentor and proposal organization and content sections. provide effective leadership to less experienced techni- cians and engineering associates. The consultant will 7. Table 2 lists the evaluation criteria and associated identify and recommend areas of additional training weights which will be used to make a selection. needed within the construction office. This information Table 1: Proposal Content will be used to assist the FEA, CE, or ETSp to organize Section Description of Intent effective training programs for the construction office. Cover Letter 1 page The consultant shall also provide other project relat- Demonstrate a unique approach to accomplish ed construction assistance to the FEA, CE, or ETSp as the design efficiently and to a high standard. directed. Include cost-effective and optimized solutions Project Approach Finally, the consultant shall review or prepare doc- to address the anticipated improvements in uments for field-designed projects such as 1R projects, the design. Include unique qualifications or experience related to the project approach. bridge set-aside projects, culvert set-aside projects, and 3R major modifications. This may include field measure- Describe the approach to accomplish the ments, quantity computations, drafting of plan sheets, Approach to scope of services within the schedule Schedule requirements. Include anticipated key and field surveys. This may also include participation in milestone dates and availability of staff. field checks and plan reviews. Describe methods or procedures your firm Minimum Personnel Qualifications Approach to will use to provide all drawings, reports • A minimum of 10 years of experience managing Quality Control and other services with professional quality and technical accuracy. or inspecting large or complex KDOT construction projects. For key personnel to be assigned to the project provide names, office location, qualifications, • Current CIT certifications in Basic Inspection, As- education, training, and expertise. Identify their phalt Paving Inspection, Concrete Paving Inspec- Qualifications area(s) of responsibility and percent of their time and Experience tion, Structures Inspection, ACI Concrete Field Test- dedicated to the project. List work for which ing Technician, Aggregate Field Technician. you do not have in-house capability and name the firm you propose to subcontract with. • Expert proficiency with KDOT’s construction man- © Kansas Secretary of State 2022 Vol. 41, No. 23, June 9, 2022
Notices 1077 Kansas Register Describe team’s past performance with Consultant Prequalification respect to ability to meet project schedules; Interested consulting firms must be prequalified by Past Performance quality of work; and ability to control costs KDOT or otherwise demonstrate qualification in Catego- on similar transportation projects, especially ry 241 Construction Inspection and Testing. those performed for KDOT. Include three references and contact information. If a firm is not currently prequalified by KDOT, a pro- posal may still be submitted. Firms not prequalified must Describe team’s familiarity with KDOT’s Familiarity with design process and standards. Describe also provide documentation that demonstrates the firm is KDOT and qualified for each specified category listed in this notice familiarity with the project area and any Project Area identified special site conditions. for the project. Firms must use the KDOT prequalification form to provide this documentation. KDOT 1050 Prequal- Table 2 Evaluation Factors ification Category Definitions (Blue Book) can be found at Evaluation Factor Weight http://www.ksdot.org/descons.asp. Consultants may cre- Qualifications and experience of project manager and ate a team to meet the prequalification requirements. All 20% firms doing business with KDOT must be registered and other key project team members proposed for services Past performance history for similar in good standing under the laws of the State of Kansas at 20% the time of contracting and must comply with applicable projects/services for KDOT Availability to respond to the work 20% state and federal laws, rules, and regulations. The quality and completeness of the response 10% Anticipated Consultant Scope Understanding of District and Area 10% The KDOT District 1, Area 5 Wamego, Kansas Con- Understanding of KDOT CAD contract struction Office is requesting an embedded consultant 20% to provide full time, in house, technical and construction administration and closeout procedures contract administration as further described below. Contract Terms and Conditions Under the direction of the Area Engineer (AE) or Con- A standard KDOT agreement for engineering and struction Engineer (CE), the embedded consultant shall technical services will be used for professional services assist in executing the continuous flow of paperwork projects. The following special attachments will need to and documentation necessary to administer construction be provided by the selected consultant and all subconsul- contracts. Duties include, but are not limited to: tants with the signed work order following negotiations and will become attachments to the contract. • Coordinate preparation and processing of project documentation such as notifications of working • Special Attachment No. 8 (“Tax Clearance Certificate”) days charged, daily reports of asphalt pavement • Special Attachment No. 10 (“Policy Regarding Sex- and concrete pavement construction, logs of pile ual Harassment”) driving, and weekly surfacing reports. Special Contract Conditions • Coordinate preparation and processing of construc- This is expected to be a full-time (40 hours/week ex- tion payment estimates for construction contrac- cluding holidays) assignment based at the District 1 Area tors, utilities, railroads, etc. 3 Office in Bonner Springs, Kansas; assignments may re- • Review change orders and force account statements. quire travel to other Areas in District 1. The hours may be Verify information is correct and check calculations. split between two employees of the consultant, but both Advise supervisors of potential problems and pro- must meet the qualifications. vide guidance to less experienced staff. • Coordinate preconstruction conferences including Questions preparation of the agenda and minutes. All questions regarding this request for proposals shall • Review change orders and submit to construction be emailed to KDOT.DesignContracts@ks.gov. engineer. Questions can be submitted until June 9, 2022; answers • Review subcontractor approval requests will be provided to all prequalified consultants on June • Prepare and send project correspondence such as 15, 2022. notices to proceed, change orders, notices of accep- Marcia Turner, P.E., Contracts Manager tance, final papers, subcontractor approvals, etc. to Division of Engineering and Design the appropriate parties. Doc. No. 050194 • Coordinate the preparation and submission of all re- quired computations and recapitulations necessary State of Kansas to complete final payment to the contractor. Verify information is correct and checks calculations. Department of Transportation • Maintain a system of office management for a con- Notice to Consulting Firms struction office to make certain that all necessary forms and reports are submitted. Check and main- The Kansas Department of Transportation (KDOT) is tain records of contractor payrolls and prompt pay seeking a qualified consulting firm to perform profes- certifications. Maintain and update a complete sional services for the project described below. Interest- functional filing system for all office records. ed consultants must email a proposal to KDOT.Design • Train other technicians or engineers in the use of Contracts@ks.gov by 12:00 p.m. (CDT) June 22, 2022, to AASHTOWare, completing forms and reports, ma- be considered for selection. (continued) Vol. 41, No. 23, June 9, 2022 © Kansas Secretary of State 2022
1078 Notices Kansas Register terial certifications, payment vouchers, and other 5. The proposal must be accompanied by Special At- documentation needed for FHWA or KDOT certi- tachments No. 8 (“Tax Clearance Certificate”) and fication. No. 10 (“Policy Regarding Sexual Harassment”). If • Serve as inspector on a construction project or in a you need a Tax Clearance Certificate, you can request concrete or asphalt plant. Prepare required documen- one at https://www.ksrevenue.gov/taxclearance. tation for projects. Participate in the decision-making html. Allow 2-3 business days for processing. process. Make recommendations and provide effec- 6. The outline in Table 1 below describes the expected tive leadership to less experienced staff. proposal organization and content sections. • Coordinate the preparation and submission of com- 7. Table 2 lists the evaluation criteria and associated pleted construction plans and combine construction weights which will be used to make a selection. files for completed projects. Table 1: Proposal Content • Other construction contract administration duties Section Description of Intent as assigned. Cover Letter 1 page In addition, the consultant will serve as a mentor and Demonstrate a unique approach to accomplish provide effective leadership to less experienced techni- the design efficiently and to a high standard. cians and engineering associates. The consultant will Include cost-effective and optimized solutions Project Approach identify and recommend areas of additional training to address the anticipated improvements in needed within the construction office. This information the design. Include unique qualifications or experience related to the project approach. will be used to assist the AE or CE to organize effective training programs for the construction office. Describe the approach to accomplish the Approach to scope of services within the schedule The consultant shall also provide other project related Schedule requirements. Include anticipated key construction assistance to the AE and CE as directed. milestone dates and availability of staff. Minimum Personnel Qualifications Describe methods or procedures your firm • A minimum of 4 years of engineering technical sup- Approach to will use to provide all drawings, reports port. Quality Control and other services with professional quality and technical accuracy. • Experience using Microsoft Word and Microsoft Excel. For key personnel to be assigned to the project provide names, office location, qualifications, • Current CIT certifications in Basic Inspection, As- education, training, and expertise. Identify their phalt Paving Inspection, Concrete Paving Inspec- Qualifications area(s) of responsibility and percent of their time and Experience tion, Structures Inspection, ACI Concrete Field Test- dedicated to the project. List work for which ing Technician, Aggregate Field Technician. you do not have in-house capability and name the firm you propose to subcontract with. • Expert proficiency with KDOT’s construction man- agement software (CMS) and completion of the Describe team’s past performance with respect to ability to meet project schedules; KDOT AASHTOWare training. quality of work; and ability to control costs Past Performance Anticipated Schedule and Key Dates on similar transportation projects, especially those performed for KDOT. Include three 1. Proposals are due by or before 12:00 p.m. (CDT) references and contact information. June 22, 2022 Describe team’s familiarity with KDOT’s 2. The program fiscal year for this project is FY 2023 Familiarity with design process and standards. Describe (July 2022–June 2023) KDOT and familiarity with the project area and any 3. Anticipated Start Date: July 2022 Project Area identified special site conditions. 4. Anticipated Completion: See Special Contract Con- ditions (below) Table 2: Evaluation Factors Instructions for Proposal Evaluation Factor Weight 1. No cost or pricing information shall be submitted Qualifications and experience of project manager and 20% with the proposal. Proposals including cost or pric- other key project team members proposed for services ing information will be considered non-responsive Past performance history for similar 20% and withdrawn from further consideration. projects/services for KDOT 2. The consultant’s proposal must not exceed 4 pag- Availability to respond to the work 20% es total (including any cover letter, index, etc.). All The quality and completeness of the response 10% pages shall be standard letter size (8.5” x 11”). Any Understanding of District and Area 10% page larger than standard letter size will be count as two or more pages depending on size. Understanding of KDOT contract 20% administration and closeout procedures 3. A single PDF (2MB maximum size) of the propos- al including all attachments must be emailed to Contract Terms and Conditions KDOT.DesignContracts@ks.gov by the proposal A standard KDOT agreement for engineering and due date and time. technical services will be used for professional services 4. The subject line of the email and the PDF file name projects. The following special attachments will need to must read: be provided by the selected consultant and all subconsul- a. “FC-1001-23–EmbedConst.Admin in D1A5 tants with the signed work order following negotiations Wamego_FIRM NAME” and will become attachments to the contract. © Kansas Secretary of State 2022 Vol. 41, No. 23, June 9, 2022
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