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10-21-2003 City Council Special Meeting PacketCity of Grand Island Tuesday, October 21, 2003 Special Mtg/Study Session Packet City Council:Mayor: Jay Vavricek City Administrator: David Springer (Interim) City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Carole Cornelius Peg Gilbert Joyce Haase Margaret Hornady Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick Scott Walker Fred Whitesides City of Grand Island City Council Call to Order Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. City of Grand Island City Council Item -1 Presentation of Victim Assistance Unit by the Police Department The recent dissolution of the Family Violence Coalition left a void in services to victims of crime in Grand Island – Hall County. The Grand Island Police Department, the Hall County Sheriff’s Office and the Hall County Attorney’s office collaborated with the Nebraska Crime Commission to seek funding to develop a victim assistance program. Nebraska state statue 81-1848 outlines the following rights of victims and witnesses of crimes: • (1) To be informed by local law enforcement agencies and the county attorney of the final disposition of the cases. If the crime charged is a felony, the victim shall be notified whenever the defendant or perpetrator is released from custody. • (2) To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled, in order to save the person an unnecessary trip to court. • (3) To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available. • (4) To be informed of financial assistance and other social services available as a result of being a witness or a victim of a crime, including information on how to apply for the assistance and services. • (5) To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled. • (6) To be provided, whenever possible, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants. • (7) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property the ownership of which is disputed, shall be returned to the person within ten days of being taken. • (8) To be provided with appropriate employer intercession serv9ices to insure that employers of victims and witnesses will cooperate with criminal justice process in order to minimize an employee’s loss of pay and other benefits resulting from court appearances. • (9) To be entitled to a speedy disposition of the case in which they are involved as a victim or witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter; and • (10) To have the family members of all homicide victims afforded all of the rights under subsections (1) to (4) and (6) to (9) and services analogous to those provided under section 81- 18-47. The Grand Island Police Department, the Hall County Sheriff’s Office and the Hall County Tuesday, October 21, 2003 Special Mtg/Study Session City of Grand Island City of Grand Island City Council Attorney’s Office have collaborated with the Nebraska Crime Commission to fund a victim assistance unit. A grant for $37,500 has been approved to develop this needed resource in our community. This grant requires a 20% match, which can be in-kind services, equipment and dollars. The grant proposal would require the City of Grand Island to hire a Victim Assistance director. Staff Contact: Kyle Hetrick City of Grand Island City Council Item -2 Presentation of K-9 Unit for the Police Department The Grand Island Police Department is proposing to the council to implement a Police Canine unit for our community. Discussions on canine team need, utilization, K-9 policy, and costs will be presented. Some funding sources have been made available to the department, however; there will be no request for additional dollars for this unit within the existing 2003-2004 budget. Tuesday, October 21, 2003 Special Mtg/Study Session City of Grand Island Staff Contact: Kyle Hetrick City of Grand Island City Council Item -4 Discussion Concerning 1/2 Cent Sales Tax This is part of the on-going discussions that will be conducted at upcoming study sessions to seek input and direction from council and the public on the proposed sales tax initiative planned for the May 11, 2004 ballot. The discussion this evening will deal with the dependency of future capital spending upon increased revenues, the limitations on expanding traditional revenue sources, and the pressures, current and future, on our city budgets. Tuesday, October 21, 2003 Special Mtg/Study Session City of Grand Island Staff Contact: Mayor Vavricek and David Springer City of Grand Island City Council Item I1 #2003-305 - Approving Bid Award for Water Extension District No. 444 - Marylane Subdivision BACKGROUND: Due to the recent discovery of ground water contamination in private wells, a petition representing 95.99% of the property owners within Marylane Subdivision, has been received requesting City water service. On October 14 the referenced district was created by Council. The contract provides for installation of water mains in Mary Lane and Valley View Avenue and service lines to the lots. The district’s plat is attached for reference. DISCUSSION: Plans and specifications were sent to five contractors, six suppliers, and five plan service companies. Bids were publicly opened at 11:00 am on October 17 in accordance with City Procurement Codes. Four bids were receive and have been checked and evaluated. A tabulation of the bids received is listed below: Bidder: General Excavating Diamond Engineering Starostka Group Co. Judds Brothers Const. Lincoln, Grand Island, NE Grand Island, NE Lincoln, NE Exceptions: None None None None Bid Price: $76,220.63 $78,140.24 $86,720.83 $102,285.90 Completion: 45 days 12/31/03 75 days 30 days EVALUATION: During the evaluation of Judd Bros’s bid, it was discovered they had an anomaly in the unit price for installation of water services (item C.1.16). They listed a unit price of $9.50 ea, with an extended total price of $19,950.00 for the 21 services. This would indicate they had the decimal point in the wrong location for the unit price. I discussed this with Dale Shotkoski in the Purchasing Dept. He referenced part of Section 27-8 of the City Code which provides for corrections of an inadvertent nature. I contacted Jessie, with Judds, in regard to this situation and faxed him a copy of the referenced section of Code. He initially stated he would immediately reviewed their data and sent me a copy of their documentation explaining and clarifying the intended unit price $950.00. Tuesday, October 21, 2003 Special Mtg/Study Session City of Grand Island City of Grand Island City Council I spoke with Jessie again in the afternoon of 10/14. He stated at that time he did not have the authority to send any confirming information and all personal that could do so, were un- available. Due the lack of detail information and supporting evidence to clarify their apparent error, it is recommended that they not be considered for award. Below is part of Section 27-8 of City Code used for reference in evaluating Judds Bros unit price error: Correction or Withdrawal of Bids; Cancellation of Awards. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. RECOMMENDATION: All the bids are without exceptions and otherwise comply with contract documents. It is recommended the Council award the contract for Water Main District 444 to: General Excavating of Lincoln, NE in the amount of $76,220.63. Their bid is below the engineer's estimate of $95,000.00 and is under the time-line for completion of the work. FISCAL EFFECTS: Construction funds are available in Enterprise Fund 525 for the FY 2003-04 budget. ALTERNATIVES: Award to an alternate contractor or re-bid the District. See attached RESOLUTION. Staff Contact: Gary R. Mader; Dale Shotkoski City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 17, 2003 at 11:00 a.m. FOR: Water Main District 444 DEPARTMENT: Utilities ENGINEER’S ESTIMATE: $95,000.00 FUND/ACCOUNT: 525 Enterprise Fund PUBLICATION DATE: October 10, 2003 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Starostka Group Co. General Excavating Grand Island, NE Lincoln, NE Bid Security: Merchants Bonding Universal Surety Exceptions: None None Bid Price: $86,720.83 $76,220.63 Completion Date: 75 days from bid award 45 days from bid award Bidder: Judds Brothers Diamond Engineering Co. Lincoln, NE Grand Island, NE Bid Security: Travelers Casualty Travelers Casualty Exceptions: None None Bid Price: $102,285.90 $78,140.24 Completion Date: 30 day from bid award December 31, 2003 cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director Tom Barnes, Engineering Manager Pat Gericke, Utilities Department City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P864 Approved as to Form ¤ ___________ October 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-305 WHEREAS, the City of Grand Island invited sealed bids for Water Extension District No. 444, according to plans and specifications on file with the Utilities Engineering Office located at Phelps Control Center; and WHEREAS, on October 17, 2003, bids were received, opened and reviewed; and WHEREAS, General Excavating of Lincoln, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $76,220.63; and WHEREAS, General Excavating's bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of General Excavating of Lincoln, Nebraska, in the amount of $76,220.63 for Water Extension District No. 444 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 21, 2003. _______________________________________ RaNae Edwards, City Clerk Item I2 #2003- - Approving Agreement with Case New Holland for Reimbursement of Water Main Expenses for Marylane Subdivision and Kentish Hills Subdivision The City has tentatively reached two agreements, subject to Council approval, with New Holland of North America, Inc. to be reimbursed for the expenses associated with construction of a water main in the Marylane Subdivision and for the construction of a water main in the Kentish Hills Subdivision. New Holland has taken a very proactive approach in dealing with the contamination problems and in helping the City with the costs of extending water service to these neighborhoods as quickly as possible. If this resolution is approved, it will authorize the Mayor to sign these agreements for the City of Grand Island. Approval by the Council is recommended. Tuesday, October 21, 2003 Special Mtg/Study Session City of Grand Island Staff Contact: Gary Mader City of Grand Island City Council