Tuesday, June 9, 2026

Gage @ 37th

REQUEST FOR PROPOSALS (RFP) Zero/Low-Maintenance Right-of-Way (ROW) Parkway Improvements SW 37th Street & Gage Boulevard Area, Topeka, KS
Issued by: Henry McClure, MCRE, LLC Date: 6 / 9 / 2026 Proposal Due Date: ASAP Contact: Henry McClure | Phone: 785-383-9994 | Email: mcre13@gmail.com
1. Project Overview
MCRE, LLC seeks qualified landscaping and hardscaping contractors to submit proposals for improving the public right-of-way (ROW) parkway area along the subject property at/near SW 37th Street and Gage Boulevard, Topeka, Kansas. The goal is to finish the area from the back of the curb to the property line with durable, zero or low-maintenance treatments that comply with City of Topeka standards.
Key objectives:
  • Minimize or eliminate ongoing mowing, weeding, irrigation, and other maintenance.
  • Ensure proper drainage, safety, sight lines, and no obstructions.
  • Obtain necessary Public Works permits (if required) and meet all TMC requirements for street parkings/ROW landscaping.
Estimated Area: [Insert sq ft or dimensions, e.g., "approximately X linear feet along the frontage, Y feet deep from back of curb to property line"]. Typical residential ROW in Topeka is around 60 ft total width; confirm exact limits with Public Works.
2. Scope of Work
Contractors must provide turnkey services including:
  • Site assessment, utility locates (Kansas One Call), grading/drainage corrections, and erosion control.
  • Design and installation of approved zero/low-maintenance surfaces (e.g., permeable pavers, stabilized decomposed granite, rock mulch/xeriscaping with native drought-tolerant plants/groundcover, or approved hardscape).
  • All materials, labor, equipment, and restoration.
  • Coordination with City of Topeka Public Works for any required ROW permits and inspections.
  • Warranty: Minimum 1-2 years on materials and workmanship, with provisions for City-required restoration if disturbed.
  • Removal/disposal of existing materials (if applicable) and final cleanup.
Prohibited or Restricted Items (per typical ROW rules):
  • Non-permeable surfaces causing runoff issues.
  • Items that obstruct utilities, drainage, sidewalks, or sight triangles.
  • High-maintenance elements (e.g., extensive turf, unapproved sprinklers extending into ROW).
3. Proposal Requirements
Submit one (1) digital PDF proposal including:
  • Company Profile: Experience with municipal/ROW projects, references (especially in Topeka or similar Kansas cities), licenses, insurance, and bonding capacity.
  • Approach & Design Concepts: 2-3 options with descriptions, materials, estimated lifespan, maintenance needs (target: near-zero), and visuals/renderings. Address drainage, permeability, and durability.
  • Detailed Cost Breakdown: Lump sum or unit prices, including permits, materials, labor, contingencies. Separate design vs. installation if phased.
  • Timeline: Project schedule from award to completion.
  • Compliance Statement: Confirmation of adherence to Topeka Municipal Code (Titles 8, 12, 18), Public Works standards, and any other regulations.
  • Exceptions/Alternatives: Any proposed deviations with justification.
4. Evaluation Criteria
Proposals will be evaluated based on:
  1. Compliance with City codes and low-maintenance goals (30%).
  2. Experience, references, and qualifications (25%).
  3. Cost/value (25%).
  4. Design quality, innovation, and timeline (15%).
  5. Overall responsiveness (5%).
5. Timeline
  • RFP Issued: [Date]
  • Questions Deadline: [Date]
  • Proposals Due: [Date, Time] to [email/address]
  • Contractor Selection: [Date]
  • Project Completion Target: [Date]
6. Terms & Conditions
  • The owner reserves the right to reject any or all proposals, waive informalities, or negotiate.
  • Work must comply with all applicable laws; contractor responsible for permits/insurance.
  • Payment terms: [e.g., 30% deposit, progress payments, final upon acceptance].
  • Insurance: General liability, workers' comp, etc., as required.
  • This is not a contract; award is subject to negotiation of final agreement.
Questions: Direct all inquiries in writing to Henry McClure by [deadline].
Thank you for your interest. We look forward to your proposals.
Henry McClure MCRE, LLC

Contact Topeka Public Works/Engineering (or Property Maintenance at 785-368-3161)

Working on it. 

Key Concepts for 37th & Gage ROW

  • Public Right-of-Way (ROW): This is city-controlled land (an easement) typically extending from the street centerline outward, often ~15 feet or so beyond the back of the curb on residential/local streets (exact width varies by street type, plat, or dedication—e.g., ~60 ft total ROW for many residential streets). It includes the roadway, curb, sidewalk (if present), and the "parkway" or "street parking" area between the back of the curb and your property line.
  • The ground in the ROW is still your property, but the city has rights for public use, utilities, infrastructure, maintenance, and safety. You must keep it clear for access and cannot obstruct it permanently.
  • Your responsibilities: As the abutting owner, you generally handle surface maintenance (mowing, weeds, debris, landscaping) in the parkway/ROW area in front of your property. The city handles core infrastructure like the curb and (often) sidewalks.

Relevant TMC Sections

  • TMC Title 12 (Streets, Sidewalks, and Public Property): Covers obstructions, ROW excavation/permits, sidewalks, etc.
    • 12.35 Sidewalk Construction and Maintenance: Abutting owners must repair sidewalks. Private walks/structures in street parkings (the area between curb and sidewalk/lot line) must not interfere with utilities, curbs, etc., and require City Engineer approval/supervision.
    • 12.35.080 (Cleaning): You cannot let dirt, debris, or erosion make the sidewalk (or implied adjacent areas) unusable.
    • 12.30 Right-of-Way Excavation/Permits: Any work disturbing the ROW (digging, installing hardscape, etc.) typically requires a Public Works permit. Property owners have a simplified process vs. utilities, but restoration to city standards is required.
    • 12.10 Obstructions and Encroachments: Prohibits unlawful obstructions in public areas.
  • Property Maintenance (Title 8/IPMC): Property owners must control weeds/grass (>12 inches) in abutting ROW, easements, etc. Violations lead to notices, abatement by the city (with costs billed to you), and possible penalties.
  • Zoning/Development Code (Title 18): May apply to landscaping standards or setbacks, but ROW treatments are more under Public Works/street rules.

City Facebook/Public Works posts emphasize that landscape areas in the ROW are your maintenance responsibility, and any improvements (e.g., sprinklers, fences, beds extending into ROW) risk removal or non-replacement during city work.

Zero (or Low) Maintenance Options

You can treat the parkway area (back of curb to your property line) with low/zero-maintenance materials, but you'll likely need a Public Works permit for anything beyond basic landscaping (to ensure no interference with utilities, drainage, sight lines, or future city work). Permanent hardscape or heavy materials could be restricted.

Common feasible options (confirm with city for your exact location):

  • Rock/gravel mulch or xeriscaping: Low maintenance; good drainage. Must not create hazards, block drainage, or require frequent intervention. Often allowed if permeable and stable.
  • Native/low-water ground cover or hardscape like pavers/permeable surfaces: Subject to approval; must meet engineering standards (e.g., no trip hazards, proper grading).
  • Avoid: Anything that obstructs (e.g., high walls, non-permeable paving that causes runoff issues), or unpermitted structures. Grass is standard but requires mowing/weed control.

Next steps I recommend:

  1. Contact Topeka Public Works/Engineering (or Property Maintenance at 785-368-3161) for your specific parcel at 37th & Gage—request ROW width, as-built plans, and permit requirements for improvements. They can provide site-specific guidance or a pre-application review.
  2. Apply for any needed ROW permit before work.
  3. Check drainage/erosion rules (common issue in developments like yours) and utility locates (Kansas One Call).
  4. For documents or renderings, they may reference standard details.

If you share more details (e.g., exact address, photos of the area, or what surface you're considering), I can refine this or help draft a query to the city. Always verify directly with them, as enforcement is case-by-case. Let me know how else I can assist!

Re: Henry Duty

God bless you 


Joe says to stay under the radar 


Henry McClure 
Time Kills Deals 
785.383.9994

444

From: Office FIT Excavating <office@fitexc.com>
Sent: Tuesday, June 9, 2026 4:46 PM
To: Henry McClure <mcre13@gmail.com>
Cc: jaharrington@topeka.org <jaharrington@topeka.org> <jaharrington@topeka.org>
Subject: Re: Henry Duty
 
Yes, I have a couple of guys running over with a skid-broom and a couple of shovels to clean it up first thing in the morning. 



--
Kory James
620-757-9357
FIT Excavating Inc

On Tue, Jun 9, 2026 at 4:37 PM Henry McClure <mcre13@gmail.com> wrote:
Kory 


Joe is on Henry duty at 37th and Gage - We were flooded 

Confirm we will have the street clean in the morning - please 

Start there 





Henry McClure 
Time Kills Deals 
785.383.9994

444

Fw: Henry Duty



From: Joseph A. Harrington <jaharrington@topeka.org>
Sent: Tuesday, June 9, 2026 4:37 PM
To: Henry McClure <mcre13@gmail.com>
Subject: Automatic reply: Henry Duty
 



I am not at work today. I will get back with you tomorrow. Please call if it is a urgent matter.

Henry Duty

Kory 


Joe is on Henry duty at 37th and Gage - We were flooded 

Confirm we will have the street clean in the morning - please 

Start there 





Henry McClure 
Time Kills Deals 
785.383.9994

444

Monday, June 8, 2026

Excavators in Shawnee County (primarily Topeka area, Kansas) refer to both heavy equipment (like hydraulic excavators) and the contractors/companies that operate them for earthwork, site prep, utilities, grading, drainage, demolition, and related services.

This is highly relevant for local real estate development, zoning/buildability reviews, drainage/erosion control (e.g., your Eveningside/37th & Gage projects), retaining walls, pickleball/55+ housing sites, sale-leasebacks, and infrastructure work. Shawnee County has a mix of family-owned local operators, utility-focused firms, and equipment dealers supporting larger projects.

Key Licensed Excavation Contractors (City of Topeka)

The City of Topeka maintains a list of licensed excavation contractors (as of 8/6/2024; verify current status via topeka.gov for bids or projects). Notable ones active in or serving Shawnee County include:

  • RDR Excavating (RDR Excavating Inc / II LLC): Family-owned since 1987, based in Topeka (e.g., 3740 NW 25th St or 3160 SE 21st St). Offers directional boring, septic work, waterline repairs, construction, topsoil delivery, tunneling, grading, and trenching. Strong local reputation for precision and efficiency in site prep and land clearing.
  • RD Johnson Excavating Company: Long-established (since the 1980s), serving Topeka, Lawrence, and NE Kansas. Specializes in commercial/residential earthwork, utilities, material hauling, recycling, snow removal, and time & materials work. Emphasizes safety, quality, and local teams. Contact: 785-842-9100, info@rdje.com (Lawrence base but active in Topeka).
  • Farmer Excavating Inc.: Based in Oskaloosa (Jefferson County) but serves Shawnee County/Topeka extensively. Family-oriented full-service firm (site work, land clearing, grading, building pads, terraces, basements, sanitary/storm waterlines, ponds, snow removal). Focus on trust, quality, and referrals; active since ~2015 with deeper roots. Contact: 785-863-2404.
  • Schmidtlein Excavating Inc.: Family-owned with 70+ years in NE Kansas, based in Topeka (204 NE Rice Rd). Handles excavation, grading, aggregate surfacing, and more. Reliable for local projects. Phone: 785-357-7354.
  • O'Neill Excavating, Inc.: Topeka-based (e.g., 680 NE US 24 Hwy). General excavation, demolition, utilities, site development for residential, commercial, and agricultural work. Specializes in municipal utilities. Contact: 913-683-9619 (Eric O'Neill).

Other licensed firms from the Topeka list (partial; many handle utilities or specialized work): BEST ENTERPRISES AND EXCAVATION, FIT EXCAVATING INC, GIDEON EXCAVATING INC, TRAVIS SHARP EXCAVATING INC, BREASON T EXCAVATING INC, EMERY SAPP & SONS INC, KANSAS TOP SOIL & TRENCHING, PYEATTS WELDING & EXCAVATING, and more (e.g., AMERINE UTILITIES, NPL CONSTRUCTION). Check the full PDF for phones and updates.

Equipment Dealers & Rentals

For owning, renting, or servicing excavators (Komatsu, etc.):

  • Berry Tractor & Equipment Co. (Topeka location): Major dealer for Komatsu hydraulic excavators, dozers, loaders, etc. Sales, rentals, parts, service, and repairs. Topeka: 1750 SW 41st St, 785-266-9509. Large fleet and support for construction/mining. Founded 1958, multiple KS/MO locations.
  • Sunflower Rental (Topeka): Mini excavator rentals (daily/weekly/monthly rates). Serving Topeka/Lawrence/NE KS since 1951.
  • BigRentz and others: Online/platform rentals for mini excavators in Topeka/Shawnee County area.

Broader Context & Market

  • Demand & Jobs: Steady need due to development, utilities, roads, and private projects. Job boards show dozens of equipment operator/excavator roles in Topeka (e.g., via Indeed). Heavy equipment training available locally.
  • Nearby/Adjacent: Firms from Osage, Douglas, Jefferson counties often work in Shawnee (e.g., via SCCD Conservation District contractor lists for drainage/ponds).
  • Public Sector: Shawnee County Public Works handles county roads/bridges (may lease or own equipment). City projects often bid to licensed contractors.
  • Considerations for Your Work: For projects like Gage sidewalk/erosion control or retaining walls, prioritize licensed firms with drainage/grading expertise (e.g., Farmer, RD Johnson, Schmidtlein). Verify insurance, references, and past local performance (e.g., via bids or KORA). Costs vary; get multiple quotes. Factors like TIF/CID, zoning, and utilities tie in heavily.

For the most current licensed list, project bids, or specific quotes, visit topeka.gov/business/contractor_information or contact Shawnee County Public Works. If you need deeper research on a specific company (e.g., references, equipment fleet, past projects with McCoys/Wible), a document summary, or outreach scripting, let me know! 

Bids

We need help finishing my project at 37th and Gage.
 
Driggs engineering prepared the plans and Colton will be happy to answer any of your calls regarding the project plans.
 
marcotte@driggsdesign.com
(785) 506-3936•Mobile
(785) 320-2136•Work




Henry McClure 
Time Kills Deals 
785.383.9994

444

Looking for work?

 



https://drive.google.com/drive/folders/1fKWa_oQzw1Q61BSlD99quQ1-KUzfiJ9H?usp=sharing


Friday, June 5, 2026

RE: 37th and Gage

Thanks Henry.

 

From: Henry McClure <mcre13@gmail.com>
Sent: Thursday, June 4, 2026 11:10 PM
To: Joseph A. Harrington <jaharrington@topeka.org>
Cc: mcre1.444danak@blogger.com
Subject: 37th and Gage

 

Notice: -----This message was sent by an external sender-----

 

Dear Mr. Harrington,

I want to thank you for taking the time to meet with me the other day at 37th and Gage. I appreciate your assistance and guidance.

Following your recommendation, I met with Jenny Taylor and Mike Hall. They have since referred the matter back to you.

Next Monday, my survey crew will stake out the property line. Once that is complete, we can continue moving forward to at least get the right-of-way back to the property line and into its final state, so we are not constantly fighting the elements.

We will also need to coordinate with Evergy to identify any issues they may have. As I recall, there was a significant hill and a large slope in that area prior to any work beginning. This will require a thorough review as quickly as possible.

In the meantime, I would like to spend some time working through the details of exactly where the right-of-way is located and what work will actually be performed within it. If I am to be responsible for the area from the back of the curb to my property line, I would like to have some input on what is done in that space. Additionally, I would prefer a solution that requires zero maintenance both now and in the future, in order to keep long-term costs as low as possible.

Thank you again for your help. I look forward to continuing to work with you on this.

Sincerely,

 

Thursday, June 4, 2026

37th and Gage

Dear Mr. Harrington,
I want to thank you for taking the time to meet with me the other day at 37th and Gage. I appreciate your assistance and guidance.
Following your recommendation, I met with Jenny Taylor and Mike Hall. They have since referred the matter back to you.
Next Monday, my survey crew will stake out the property line. Once that is complete, we can continue moving forward to at least get the right-of-way back to the property line and into its final state, so we are not constantly fighting the elements.
We will also need to coordinate with Evergy to identify any issues they may have. As I recall, there was a significant hill and a large slope in that area prior to any work beginning. This will require a thorough review as quickly as possible.
In the meantime, I would like to spend some time working through the details of exactly where the right-of-way is located and what work will actually be performed within it. If I am to be responsible for the area from the back of the curb to my property line, I would like to have some input on what is done in that space. Additionally, I would prefer a solution that requires zero maintenance both now and in the future, in order to keep long-term costs as low as possible.
Thank you again for your help. I look forward to continuing to work with you on this.
Sincerely,

Wednesday, June 3, 2026

Fw: SIDEWALK



From: Joseph A. Harrington <jaharrington@topeka.org>
Sent: Wednesday, June 3, 2026 3:20 PM
To: Henry McClure <mcre13@gmail.com>
Cc: Dana K. Anderson <dana.anderson@aftholdingsllc.com>; linda.falley@aftholdingsllc.com <linda.falley@aftholdingsllc.com>
Subject: RE: SIDEWALK
 

Thanks Henry

 

From: Henry McClure <mcre13@gmail.com>
Sent: Wednesday, June 3, 2026 3:07 PM
To: Joseph A. Harrington <jaharrington@topeka.org>
Cc: Dana K. Anderson <dana.anderson@aftholdingsllc.com>; linda.falley@aftholdingsllc.com
Subject: SIDEWALK

 

Notice: -----This message was sent by an external sender-----

 

Joe 

 

To get your bosses off you back and to like I compliant, Mr Sanders will be cleaning up on the sidewalk and fixing fences. 

 

The sidewalk remains closed for public safety 

 

 

H

 

Henry McClure 

Time Kills Deals 

785.383.9994

 

444

SIDEWALK

Joe 

To get your bosses off you back and to like I compliant, Mr Sanders will be cleaning up on the sidewalk and fixing fences. 

The sidewalk remains closed for public safety 


H

Henry McClure 
Time Kills Deals 
785.383.9994

444

fill dirt

Jeremey 

Do you need fill dirt? 

37th and Gage 





Henry McClure 
Time Kills Deals 
785.383.9994

444