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08-23-2005 City Council Regular Meeting PacketCity of Grand Island Tuesday, August 23, 2005 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer 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. Invocation - Father Phil Flott, St. Mary's Cathedral Catholic Church, 204 South Cedar Street MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item C1 Recognition of Ray Micek, Distribution Superintendent with the Utilities Department for 40 Years of Service with the City The Mayor and City Council will recognize Ray Micek, Distribution Superintendent with the Utilities Department for 40 Years of Service with the City. Mr. Micek was hired on August 2, 1965 as a Lineman 3rd Class. February 1, 1966 he was promoted to 2nd Class Lineman, August 15, 1967 he was promoted to 1st Class Lineman, October 1, 1968 he was promoted to Line Crew Chief, December 1, 1973 he was promoted to Line Foreman. In September of 1985 he was promoted to Distribution Superintendent. We Congratulate Mr. Micek for his dedication and service tot he City of Grand Island. Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Item C2 Recognition of Larry Cornelius, Senior Engineering Technician with the Public Works Department for 35 Years of Service with the City The Mayor and City Council will recognize Larry Cornelius, Senior Engineering Technician with the Public Works Department for 35 Years of Service with the City. Mr. Cornelius was hired on August 25, 1970 as an Engineering Aide I. February 1, 1973 he was promoted to Engineering Aide II, November 1, 1974 he was promoted to Engineering Aide III, January 14, 1980 he was promoted to Engineering Aide IV. In April of 1992 he was promoted to Sr. Engineering Technician. We Congratulate Mr. Cornelius for his dedication and service tot he City of Grand Island. Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Steven Riehle City of Grand Island City Council Item E1 Public Hearing on Change of Zoning for Land Located at 224 East Capital Avenue from M2 Heavy Manufacturing to B2 General Business Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 23, 2005 Subject: Change of Zoning Item #’s: E-1 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Change of Zoning for land located at 224 E Capital Avenue from M2 Heavy Manufacturing to B2 General Business. Discussion This property has been zoned M2 since at least 1979. The zoning was not an issue with the owners until recently when the estate has tried to sell the house. If the house is damaged to an extent greater than 50% of its current value it cannot be rebuilt without action by the Grand Island City Council. The change to a B2 zone would allow the house to be rebuilt should it become damaged. This will not change any of the current uses of the property. The B2 zone will also limit the uses on this property to uses that would be more compatible with the residential properties south of Capital Avenue. No members of the public testified in favor of or opposition to this change at the Pla nning Commission meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the change of zoning as presented 2. Modify the change of zoning to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Wagoner 2nd by Miller to approve and recommend that the City of Grand Island approve this change of zoning and as presented. A roll call vote was taken and the motion passed with 10 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Ruge, Monter, Wagoner) voting in favor. Sample Motion Approve the change of zoning as Submitted Agenda Item # 5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: July 12, 2005 SUBJECT: Zoning Change (C-32-2005GI) PROPOSAL: To rezone the proposed a parcel of ground with an existing house on it north of Capital Avenue between Oak and Sycamore Streets from M2- Heavy Manufacturing to B2-General Commercial, in the City of Grand Island. OVERVIEW: Site Analysis Current zoning designation: M2- Heavy Manufacturing Permitted and conditional uses: M2-Commercial, Office, Warehousing, Fabrication and Manufacturing uses. Residential uses are not permitted in this district. uses. Comprehensive Plan Designation: Commercial/Manufacturing Existing land uses. Single Family Home Adjacent Properties Analysis Current zoning designations: North and East: M2 Heavy Manufacturing West: B2-General Commercial South: R2-Low Denstity Residential Permitted and conditional uses: R2- Residential uses at a density of 7 dwelling units per acre. B2-General Commercial including outdoor display and sales, Office, Residential at a density of up to 43 units per acre, Fabrication incidental to permitted uses. M2-Commercial, Office, Warehousing, Fabrication and Manufacturing uses. Residential uses are not permitted in this district. Comprehensive Plan Designation: North, East: Manufacturing West: Commercial South: Low to Medium Density Residential Existing land uses: North and East: Warehousing and smaller businesses West: Single family acreage development South: Capital outfall ditch, Single family residential EVALUATION: Positive Implications: · In general conformance with the City’s Comprehensive Land Use Plan: This area is designated as commercial/manufacturing within the plan. · Residential is a permitted use in the B2 zone: The existing house would be a permitted use in the B2 zone. · Adjacent to existing property zoned B2: This property is immediately adjacent to property that is zoned B2 and the uses are similar on both properties. · B2 zone is a more appropriate buffer zone: The B2 zone provides a better buffer between the residential development south of Capital Avenue and the outfall ditch and the railroad tracks and heavy manufacturing north of the tracks. Negative Implications: · None foreseen Other This property has been zoned M2 since at least 1979. The zoning was not an issue with the owners until recently when the estate has tried to sell the house. If the house is damaged to an extent greater than 50% of its current value it cannot be rebuilt without action by the Grand Island City Council. The change to a B2 zone would allow the house to be rebuilt should it become damaged. This will not change any of the current uses of the property. The B2 zone will also limit the uses on this property to uses that would be more compatible with the residential properties south of Capital Avenue. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from M2-Heavy Manufacturing Zone to B2- General Business Zone. ___________________ Chad Nabity AICP, Planning Director Item E2 Rublic hearing on Change of Zoning for Land that was Proposed for Platting as El Huerto Subdivision Located South of Capital Avenue and East of St. Paul Road from RD Residential Development to TA Transition Agricultural Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 23, 2005 Subject: Change of Zoning Item #’s: E-2 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Change of Zoning for land that was proposed for platting as El Huerto Subdivision, located South of Capital Avenue and East of Saint Paul Road from RD Residential Development TA Transitional Agricultural. Discussion This development proposed to create 115 lots for single-family attached dwellings (duplexes or townhomes) in Northeast Grand Island. The El Huerto Subdivision was approved more than 18 months ago and construction has not begun; according to the Grand Island Zoning Regulations RD zones must be rezoned to an appropriate district if construction does not begin in the first 18 months and the developer has not requested and been granted an six month extension. The developer proposed internal streets that were 31’ wide back of curb to back of curb. These streets would have been private streets maintained by a homeowners association. Council approved this development contingent on the developer resubmitting the final plat for the subdivision with 37’ public streets throughout the development. The developer was unable to make these changes so construction has not started in the required 18 month time frame. The developer is not requesting a six month extension. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the change of zoning as presented 2. Modify the change of zoning to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick 2nd by Haskins to approve and recommend that the City of Grand Island approve this change of zoning and as presented. A roll call vote was taken and the motion passed with 10 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Ruge, Monter, Wagoner) voting in favor. Sample Motion Approve the change of zoning as Submitted Agenda Item #4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: August 18, 2003 SUBJECT: Change of Zoning for property located in the E ½ NW ¼ of 10-11-9 located South of Capital Avenue, and East of Saint Paul Road, from RD Residential Development to TA-Transitional Agriculture (C-28-2005GI) PROPOSAL: According to the RD zone as it was adopted by the Grand Island City Council; Council must revert the property to its former zoning district after 18 months. The former zoning district is TA-Transitional Agriculture. This hearing will consider that reversion. This development proposed to create 115 lots for single-family attached dwellings (duplexes or townhomes) in Northeast Grand Island. The El Huerto Subdivision was approved more than 18 months ago and construction has not begun; according to the Grand Island Zoning Regulations RD zones should be rezoned to an appropriate district if construction does not begin in the first 18 months. The developer proposed internal streets that were 31’ wide back of curb to back of curb. These streets would have been private streets maintained by a homeowners association. Council approved this development contingent on the developer resubmitting the final plat for the subdivision with 37’ public streets throughout the development. The developer was unable to make these changes so construction has not started in the require 18 month time frame. OVERVIEW: Site Analysis Current zoning designation: RD-Residential Development Zone. Permitted and conditional uses: RD-Residential uses as defined by the plan presented to and approved by Council. Comprehensive Plan Designation: Designated for future low to medium residential development. Existing land uses. Vacant Adjacent Properties Analysis Current zoning designations: North: R3-Medium Density Residential, South: R2 Low Density Residential and R4 High Density Residential East and West: R2 Low Density Residential Permitted and conditional uses: TA- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre. R2 residential uses at a density of 7 units per acre. R3 residential uses at a density of 14 units per acre. R4 residential uses at a density of 43 units per acre. Comprehensive Plan Designation: North, South, East and West: Designated for future low to medium density residential development and or medium density residential to to office uses. Existing land uses: North,: Drainage ROW and vacant property East, Agricultural land, Railroad ROW West: Some acreage development along St. Paul Road. Typical urban scale residential along the south and west. South: Typical urban scale residential EVALUATION: Positive Implications: · Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for long term low to medium density residential redevelopment. · Consistent with the City’s Zoning Regulations: The RD zone requires timely development of the property. The project was started more than 18 months ago and no action has been taken to develop this property. Negative Implications: · None foreseen Other Considerations RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the change of zone from RD-Residential Development Zone to TA- Transitional Agriculture Zone. ___________________ Chad Nabity AICP, Planning Director Item E3 Public Hearing on Change of Zoning for Land Located South of Sandra Road and East of South Locust Street from LLR Large Lot Residential to RO Residential Office Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 23, 2005 Subject: Change of Zoning Item #’s: E-3 & F-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Change of Zoning for land located in the S ½ NW ¼ NE ¼ 33-11-09 from LLR Large Lot Residential to RO Residential Office. Discussion Beverly Healthcare Lakeview, has purchased this property located adjacent to and south of their existing building. They are requesting that the property be rezoned to allow them to expand their operation. This request is supported by the Comprehensive Plan. No members of the public testified in favor of or opposition to this change at the Planning Commission meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the change of zoning as presented 2. Modify the change of zoning to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick 2nd by Ruge to approve and recommend that the City of Grand Island approve this change of zoning and as presented. A roll call vote was taken and the motion passed with 10 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Ruge, Monter, Wagoner) voting in favor. Sample Motion Approve the change of zoning as Submitted Agenda Item # 6 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: July 14, 2005 SUBJECT: Zoning Change (C-33-2005GI) PROPOSAL: To rezone the proposed a parcel of ground south of Beverly Healthcare South (south of U.S. Highway 34 and west of Ramada Road) from LLR-Large Lot Residential to RO-Residential Office. OVERVIEW: Site Analysis Current zoning designation: LLR- Large Lot Residential Permitted and conditional uses: LLR- Residential uses are with a maximum of 1 dwelling unit per 20,000 square feet. Comprehensive Plan Designation: Medium Density Residential to Office Existing land uses. Vacant Adjacent Properties Analysis Current zoning designations: North: R1-Suburban Density Residential, RO- Residential Office East: R3-Medium Density Residential West and South: LLR- Large Lot Residential Permitted and conditional uses: R1- Residential uses at a density of 4 dwelling units per acre. RO-A variety of residential, office, non- profit and non-retail commercial uses are permitted in this district. R2- Residential uses at a density of 7 dwelling units per acre. LLR- Residential uses are with a maximum of 1 dwelling unit per 20,000 square feet. Comprehensive Plan Designation: North: Parks and Recreation East: General Commercial West: Low to Medium Density Residential South: Medium Density Residential to Office Existing land uses: North: Riverside Golf Course East: Single Family Residential West: Acreage development South: Agricultural Property EVALUATION: Positive Implications: · In general conformance with the City’s Comprehensive Land Use Plan: This area is designated for medium density residential to office uses within the plan. · Contiguous with the existing RO zone: This is a continuation of the existing RO zone and would be an expansion of that use into an area planned for office uses. Negative Implications: · None foreseen Other RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from LLR-Large Lot Residential to RO- Residential Office Zone. Item F1 #8997- Consideration of Change of Zoning for Land Located at 224 East Capital Avenue from M2 Heavy Manufacturing to B2 General Business This item relates to the aforementioned Public Hearing Item E-1. Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney ORDINANCE NO. 8997 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of a part of the East Half of the East Half of the Southwest Quarter (E1/2, E1/2, SW1/4) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, from M2-Heavy Manufacturing Zone to B2-General Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on August 3, 2005, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on August 23, 2005, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed from M2-Heavy Manufacturing Zone to B2-General Business Zone: Beginning at the Southwest corner of the E1/2, E1/2, SW1/4 of said Section 4; running thence North upon and along the West line of said E1/2, E1/2 SW1/4 of said Section, 136.0 feet; running thence East parallel to the South line of said Section 4, 80.0 feet; running thence south parallel to the West line of said E1/2, E1/2, SW1/4 of said Section 136.0 feet to a point on the South line of said Section; running thence West upon and along the South line of said Section, 80.0 feet to the actual point of beginning, subject, however, to one-half of the road to the South of said premises; all of said footages being more or less; ORDINANCE NO. 8997 (Cont.) - 2 - SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 23, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8999- Consideration of Change of Zoning for Land Located South of Sandra Road and East of South Locust Street from LLR Large Lot Residential to RO Residential Office This item relates to the aforementioned Public Hearing Item E-2. Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney ORDINANCE NO. 8999 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of a part of the South Half of the Northwest Quarter of the Northeast Quarter (S1/2, NW1/4, NE1/4) of Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, from LLR-Large Lot Residential Zone to RO-Residential Office Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on August 3, 2005, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on August 23, 2005, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed from LLR-Large Lot Residential Zone to RO-Residential Office Zone: The westerly Six Hundred (600) feet of the northerly Two Hundred Seventeen and Eight Tenths (217.8) feet of the South Half of the Northwest Quarter of the Northeast Quarter (S1/2, NW1/4, NE1/4) in Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, excepting the westerly Four Hundred (400) feet in the northerly Thirty Five (35) feet thereof, together with all rights of ingress and egress of Grantor as granted to Grantor in the Corporation Warranty Deed, recorded as Document Number 86- 101652 on April 3, 1986; ORDINANCE NO. 8999 (Cont.) - 2 - SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 23, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #8998- Consideration of Change of Zoning for Land that was Proposed for Platting as El Huerto Subdivision Located South of Capital Avenue and East of St. Paul Road from RD Residential Development to TA Transition Agricultural This item relates to the aforementioned Public Hearing Item E-3. Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form – _____________ August 18, 2005 • City Attorney ORDINANCE NO. 8998 An ordinance to rezone a certain tract of land within the zoning jurisdiction of the City of Grand Island; to revert the land use classification of a tract of land comprising a portion of the East Half of the Northwest Quarter (E1/2, NW1/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, from RD-Residential Development Zone to TA Transitional Agriculture Zone; to direct that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; to amend the provisions of Section 36-44 of the Grand Island City Code; and to provide for publication and the effective date of this ordinance. WHEREAS, the above property was rezoned from TA-Transitional Agriculture Zone to RD-Residential Development Zone by Ordinance No. 8871, enacted on November 18, 2003, to develop 115 lots for single-family dwellings; and WHEREAS, over 18 months have elapsed after City Council approval of such zoning change; and WHEREAS, the construction of footings and foundations for such project has not been completed; and WHEREAS, Grand Island City Code Section 36-78 requires that upon failure to complete such construction within eighteen (18) months, the entire property shall revert to its former zoning classification; and WHEREAS, the Regional Planning Commission on August 3, 2005, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the appropriate Board of Education for such area; and ORDINANCE NO. 8998 (Cont.) - 2 - WHEREAS, after public hearing on August 23, 2005, the City Council found and determined that the change in zoning be approved and made. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. A tract of land comprising a portion of the East Half of the Northwest Quarter (E1/2, NW1/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, more particularly described as follows, is hereby reverted and reclassified from RD-Residential Development Zone to TA-Transitional Agriculture Zone classification: Beginning at the southeast corner of Lot 8, Block 4, George Loan's Subdivision, said corner also being the southwest corner of the referenced parcel; said corner also being the point of beginning; thence northerly on an assumed bearing of N00º48'02"W, 618.98 feet to a found 1" pipe; thence easterly N88º53'18"E, 47.89 feet to a found 1" pipe; thence northerly N00º02'43"W, 58.16 feet to a found 1" pipe; thence westerly S88º34'08"W, 35.11 feet to a found 1" pipe; thence northerly N00º35'34"W, 575.81 feet to a found 1" pipe; thence easterly N89º52'08"E, 34.94 feet to a found 1" pipe; thence northerly N00º35'21"W, 217.37 feet to a found 1" pipe; thence westerly S90º00'00"W, 75.00 feet to a found 1" pipe; thence northerly N00º35'21"W, 556.18 feet to a found 1" pipe; thence easterly S90º00'00"E, 75.00 feet to a found 1" pipe; thence continuing easterly N89º39'54"E, 403.78 feet to a point of intersection on the westerly right- of-way line of the Union Pacific Railroad, to a found 1" pipe; thence southerly S03º40'02"E, on said right-of-way line, 2072.09 feet to a found 1" pipe; thence westerly S89º41'12"W, 403.53 feet to a found 1" pipe; thence northerly N28º52'34"W, 45.36 feet to a found 1" pipe; thence westerly S89º52'45"W, 136.00 feet to the point of beginning, containing a calculated area of 23.813 acres, more or less. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-44 of the Grand Island City Code is hereby ordered to be changed, amended, and completed in accordance with this ordinance. ORDINANCE NO. 8998 (Cont.) - 3 - SECTION 3. That Ordinance No. 8871, and all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 23, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9000- Consideration of Approving FY 2005-2006 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: August 23, 2005 Subject: Consideration of Approving FY 2005-2006 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 Item #’s: F-4 Presenter(s): David Springer, Finance Director Background On August 9, 2005, the City Council held a Pub lic Hearing to receive public input relative to the proposed FY2005-2006 Annual Single City Budget. Following the Public Hearing, the City Administrator and Finance Director presented the budget and conducted a work session on August 10, 2005. Discus sion The following action relative to the budget is included on the agenda: Consideration of the FY2005-2006 Annual Single City Budget, The Annual Appropriations Bill, including Addendum #1 (Changes made during the budget work sessions). Related items to be considered by the City Council at the September 13th meeting include the holding of a public hearing to address the change in property tax asking, and setting the FY2005-2006 General All Purpose Property Tax, CRA, and Parking District #2 (Ramp) levies. The budget must be submitted to the state by September 20, 2005. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the City Budget and Addendum. 2. Modify the Budget to meet the wishes of the Council Recommendation City Administration recommends that the Council approve the budget and addendum as presented. Sample Motion Approve the FY2005-2006 Annual Single City Budget, The Annual Appropriations Bill, Including Addendum #1. INCREASE (DECREASE) FUND FUND DEPARTMENT CHANGE ACCT #APPROPRIATION General Administration Increase Salary Ordinance 10011101-85105 5,700 General Legal Increase Salary Ordinance 10011501-85105 1,482 General Legal Increase Court Cost Expense 10011501-85460 2,000 General Finance Increase Salary Ordinance 10011401-85105 8,878 General Human Resources Increase Salary Ordinance 10011801-85105 1,783 General Library Increase Salary Ordinance 10044301-85105 3,464 General Police Department Increase Salary Ordinance 10022301-85105 189 General Police Department Increase Salary Ordinance 10022303-85105 1,913 General Parks Admin Increase Salary Ordinance 10044401-85105 3,197 General Engineering Increase Salary Ordinance 10033001-85105 3,803 General Planning Increase Salary Ordinance 10044001-85105 2,874 General Planning Increase Salary Ordinance 10044002-85105 321 General Fire Increase Salary Ordinance 10022101-85105 4,225 General Building Increase Salary Ordinance 10022001-85105 6,102 General Nondepartmental Outside Agency Allocation 10055001-85466 (500) General Nondepartmental Outside Agency Allocation 10055001-85471 2,000 General Nondepartmental Outside Agency Allocation 10055001-85476 (1,000) General Nondepartmental Outside Agency Allocation 10022301-85214 (4,500) CHANGE IN APPROPRIATION 41,931 PROPOSED APPROPRIATION 32,341,346 AMENDED APPROPRIATION 32,383,277 400 Fund Parks & Rec Increase CAAP development funding 40044450-90026 250,000 Capital Projects Bonded Streets Decrease expense South Locust Bridges 40033530-90059 (730,000) CHANGE IN APPROPRIATION (480,000) PROPOSED APPROPRIATION 14,002,753 AMENDED APPROPRIATION 13,522,753 520 Fund Increase Salary Ordinance 52081295-92000 3,600 Electric CHANGE IN APPROPRIATION 3,600 PROPOSED APPROPRIATION 61,480,448 AMENDED APPROPRIATION 61,484,048 610 Fund Increase Salary Ordinance 61010001-85105 2,669 Fleet Services CHANGE IN APPROPRIATION 2,669 PROPOSED APPROPRIATION 9,745,942 AMENDED APPROPRIATION 9,748,611 SUMMARY GENERAL FUND 41,931 CAPITAL PROJECTS FUND (480,000) ENTERPRISE FUNDS 3,600 INTERNAL SERVICE FUNDS 2,669 FISCAL YEAR 2005 - 2006 ADDENDUM TO PROPOSED BUDGET (431,800) Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney ORDINANCE NO. 9000 An ordinance known as "The Annual Appropriation Bill" of the City of Grand Island, Nebraska, to adopt the proposed budget statement pursuant to the Nebraska Budget Act, as amended by Addendum #1, for the fiscal year commencing October 1, 2005 and ending September 30, 2006; to provide for severability; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. An appropriation is hereby made for the ensuing fiscal year to defray all necessary expenses and liabilities of City departments, funds, and operations. The object and purpose of the appropriation shall be to pay for any and all necessary expenses and liabilities for the following departments, funds, and operations. Total Funds Expenditures Transfers Appropriation General 32,383,277 1,155,995 33,539,272 Permanent Funds 0 10,500 10,500 Special Revenue 3,921,977 3,559,500 7,481,477 Debt Service 1,499,089 8,996,411 10,495,500 Capital Projects 13,522,753 0 13,522,753 Special Assessments 0 590,000 590,000 Enterprise 61,484,048 456,850 61,940,898 Internal Service 9,748,611 0 9,748,611 Agency 562,800 0 562,800 Trust 1,908,495 0 1,908,495 Total Appropriation All Funds 125,031,050 14,769,256 139,800,306 ORDINANCE NO. 9000 (Cont.) - 2 - SECTION 2. The proposed budget statement pursuant to the Nebraska Budget Act, is hereby amended by Addendum #1 attached hereto and approved and adopted for the fiscal year beginning October 1, 2005 and ending September 30, 2006. SECTION 3. If any section, subsection, or any other portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent, and such holding shall not affect the validity of the remaining portions thereof. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 23, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of August 9, 2005 City Council Regular Meeting Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING July 9, 2005 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 9, 2005. Notice of the meeting was given in the Grand Island Independent on August 3, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Walker, Hornady and Haase. The following City Officials were present: City Administrator Gary Greer, Deputy City Clerk Paul M. Briseno, Public Works Director Steve Riehle, and City Attorney Doug Walker. INVOCATION was given by Pastor Scott Friesen, Berean Bible Church, 4116 West Capital Avenue followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Presentation of the Community Redevelopment Authority (CRA) 2005-2006 Annual Budget, presented by CRA Director Chad Nabity. Also discussed were blighted and substandard areas, CRA goals 2005/2006, Fiscal Resources, program funding, and responsibilities of the CRA. No questions were asked by the council. PUBLIC HEARINGS: Public Hearing and Approval of FY 2004-05 City Single Budget. Gary Greer, City Administrator presented the revised FY 2004-05 city single budget and proposed FY 2005-06 city single budget. The reporting included the general fund, capital projects, mill levy, FTE’s, Fee schedules, cash balances, and an outline for the budget process. Connie Vanwie of #10 Kuester Lake and Irene Abernethy of 707 South Blain St. spoke on this issue requesting a swimming facility for team swimming. No further public testimony was heard Public Hearing on Request of Larry Knuth for Conditional Use Permit for a Sand and Gravel Operation Located at 3554 West Wildwood. Building Director Craig Lewes presented the request to rezone the property that is currently TA or transitional agriculture. Mr. Lewis also noted that no licenses engineer has yet approved the request and upon this request the permit should be approved. No public testimony was heard. Public Hearing on Change of Zoning for Lot 1, Crane Valley 7th Subdivision from RD Residential Development to B2 General Business. Regional Planning Director Chad Nabity reported that the rezoning of Lot 1 Crane Valley 7th Subdivision to B2 General Business was from lack of development. In 2003 Lot 1, Crane Valley 7th Subdivision was declared RD Page 2, City Council Regular Meeting, July 26, 2005 Residential Development for proposed build of dwelling units. The developer had 18 months with a 6 month extension. No public testimony was heard. Public Hearing on Change to Development Agreement for Via Milano Subdivision relative to Distance Between Buildings on Adjacent Lots and Infringements into the Easements and Outlots. Planning Director Chad Nabity reported that amendments made in the council memo were designed to clarify the rights and responsibilities of all parties with respect to the development of Via Milano. Todd Enk, the developer for the proposal, was on hand to answer questions. Public Hearing on Amendments to Chapter 36 of the Grand Island City Code Relative to Massage Therapy. Planning Director Chad Nabity reported that the planning commission has recommended that no change be made to the regulations. Kristi Comer of 3112 Brentwood Circle spoke in failure of the amendment to allow massage therapy in residential zones. ORDINANCES: Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8994 – Approving Change of Zoning for Lot 1, Crane Valley 7th Subdivision from RD Residential Development to B2 General Business #8995 – Consideration of Amendments to Chapter 36 of the Grand Island City Code Relative to Massage Therapy #8996 – Consideration of Approving Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Cornelius seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #8994 – Approving Change of Zoning for Lot 1 Crane Valley 7th Subdivision from RD Residential Development to B2 General Business Motion by Hornady, second by Pielstick to approve Ordinance #8994. City Clerk: Ordinance #8994 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #8994 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8994 is declared to be lawfully adopted upon pub lication as required by law. Page 3, City Council Regular Meeting, July 26, 2005 #8995 – Consideration of Amendments to Chapter 36 of the Grand Island City Code Relative to Massage Therapy Planning Director Chad Nabity reported that the amendment had been reviewed by the Planning Commission with a recommendation of no changes to Chapter 36 Zoning Regulations. Discussions between council and Kristi Comer occurred. Motion by Whitesides, second by Haase to approve Ordinance #8995. City Clerk: Ordinance #8995 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Haase, Walker, and Whitesides voted yes. Councilmember’s Cornelius, Gilbert, Hornady, Meyer, Nickerson, Pauly, and Pielstick voted no. Motion Fails Motion by Nickerson, second by Hornady to deny Ordiance #8995. City Clerk: Motion to deny Ordinance #8995. All those in favor of the denial of this ordinance answer roll call vote. Upon roll call vote, councilmember’s Haase, Walker, and Whitesides voted no. Councilmember’s Cornelius, Gilbert, Hornady, Meyer, Nickerson, Pauly and Pielstick voted yes. The Mayor exercised his mayoral right to vote and voted yes. Motion to deny Ordinance #8995 passed. #8996 – Consideration of Approving Salary Ordinance Human Resources Director Brenda Sutherland reports on the process of calculating the proposed salary ordinance. No questions were asked by council. Motion by Hornady, second by Nickerson to approve Ordinance #8996. City Clerk: Ordinance #8995 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #8995 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8995 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Gilbert, second by Cornelius to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 26, 2005 City Council Meeting. Approving Re-Appointment of Gene McCloud and Rhonda Saalfeld to the Business Improvement District (BID) #3 Board. Page 4, City Council Regular Meeting, July 26, 2005 Approving Request from Fonner Park Exposition and Events Center, Inc. for Ratification of Election of Board of Directors. Approving Request of Larry Knuth for Conditional Use Permit for a Sand and Gravel Operation Located at 3554 West Wildwood. Councilmember Nickerson noted that the passage of this item contingent that all requirement are met by the Building Department #2005-216 – Approving Change to Development Agreement for Via Milano Subdivision Relative to Distance Between Buildings on Adjacent Lots and Infringements into the Easements and Outlots. #2005-217 – Approving Final Plat and Subdivision Agreement for Goodrich Second Subdivision. #2005-218 – Approving Final Plat and Subdivision Agreement for Martin’s Fourth Subdivision. #2005-219 – Approving Final Plat and Subdivision Agreement for Sunny Side Second Subdivision. #2005-220 – Approving Bid Award – Corrosion Control Solution – Utilities Department, Water Department. #2005-221 – Approving Replacement of Fire Protection Systems at the Utilities Service Center. #2005-222 – Approving Cross Street Banners #2005-223 – Approving Agreement with USGS and the City of Grand Island for Platte River Well Field River Channel Analysis. #2005-224 – Approving Contract Documents for Participation in the Whelan Energy Center Unit #2. #2005-225 – Approving Authorization for Emergency Sanitary Sewer Force Main Repairs on Capital Avenue. 2005-226 – Approving Bid Award for Two Bridges for Northbound Lanes on So. Locust St. Between I-80 and Wood River Diversion Channel. 2005-227 – Approving Keno Satellite Location and Agreement for the Midtown Holiday Inn, Located at 2503 South Locust Street, Grand Island, Nebraska. 2005-228 – Approving Contract with University of Nebraska-Lincoln for Graduate Assistant Planning Intern. Page 5, City Council Regular Meeting, July 26, 2005 2005-229 – Approving Number of Board Members for Business Improvement District #3 and Appointing Bill Lowery and Jeff Reed. #2005-231 – Approving Bid Award for Asbestos Removal & Demolition of Improvements at 1204, 1212 & 1216 West 2nd Street, 214 N. Washington St. And 1203/1205, 1209, 1215, & 1221 West 3rd Street. REQUESTS AND REFERRALS: Consideration of Annexation for Property Located South of Case New Holand and West of US Highway 281 and Refer to the Regional Planning Commission. Planning Director Chad Nabity reported that the owners of this property are anticipating development of the property and requesting that the city bring it in to the corporate limits. Consideration of Annexation Property Located South of Sandra Road and East of South Locust Street and Refer to the Regional Planning Commission. Planning Director Chad Nabity reported that Beverly Healthcare is planning to expand their operations at this site to the south. Motion by Hornady, second by Cornelius to refer the H1 and H2 to the Planning Commission. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady approve the Claims for the period of July 27, 2005 through August 9, 2005, for a total amount of $3,085,621.80. Motion adopted unanimously. Councilmember Pielstick abstained from voting on claim #105463. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. Paul M. Briseno Deputy City Clerk Item G2 Approving Minutes of August 10, 2005 Special Budget Meeting Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 10, 2005 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 10, 2005. Notice of the meeting was given in the Grand Island Independent on August 3, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Walker, Hornady and Haase. The following City Officials were present: City Administrator Gary Greer, Deputy City Clerk Paul M. Briseno, Public Works Director Steve Riehle, and City Attorney Doug Walker. INVOCATION was given by Councilmember Pielstick followed by the PLEDGE OF ALLEGIANCE. OPENING REMARKS: Mayor Vavricek commented that the Department Managers were present to answer questions of the Council regarding the FY 2005 – FY 2006 BUDGET. Department directors and supervisors introduced themselves to the council. ADJUSTMENTS TO FY 2005-05 and FY 2005-2006 BUDGET: City Administrator, Gary Greer reported on changes to the proposed Annual Budget for the 2004-05 and 2005-06 Budget adjustments as well as the adjusted proposed FTE schedule for 2006. See attachments A and B. QUESTIONS FROM CITY COUNCIL CONCERNING FY 2005-2006 BUDGET: Mayor: Remarked on the 3% budget cuts from the current budget as well as the $3.5 million cut from the preliminary proposed budget by administration. Several questions were asked about various expenditures by the City Council and Mayor. No adjustments were made by council of the FY 2005-06 City Single Budget. A motion was made by Councilmember Whitesides, and seconded by Councilmember Pielstick to bring the proposed FY 2005-06 budget including adjustments recommended by staff to the August 23, 2005 meeting. Upon roll call vote, all voted aye. Motion adopted ADJOURNMENT: The meeting was adjourned at 8:20 p.m. Paul M. Briseno Deputy City Clerk Page 2, City Council Regular Meeting, July 26, 2005 Page 3, City Council Regular Meeting, July 26, 2005 Item G3 Receipt of Official Document - Civil Service Minutes of July 20, 2005 Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Item G4 #2005-232- Approving a Resolution of Support for the Rual Enterprise Assistance Project (REAP) to provide future business development services Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Paul M. Briseno City of Grand Island City Council Council Agenda Memo From: Administration Meeting: August 23, 2005 Subject: Approving a Resolution of Support for the Rural Enterprise Assistance Project (REAP) to provide future business development services. Item #’s: G-4 Presenter(s): Paul M. Briseno, Assistant to the City Administrator Background The Rural Enterprise Assistance Project (REAP) is a program of the Center for Rural Affairs that provides key business development services to rural startup and existing microenterprise businesses. REAP has provided services to small business since 1990. Training, technical assistance, networking opportunities and access to small business loans are services provided by REAP. Discussion To provide future services in Grand Island, The Rural Enterprise Assistance Project (REAP ) is requesting a resolution of support to obtain funding from newly approved Community Development Block Grant (CDBG). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Postpone the issue to future date 3. Take no action on the issue Recommendation City Administration recommends the Council approve a resolution of support for the Rural Enterprise Assistance Project (REAP) to provide future business development services. Sample Motion Motion to approve the resolution of support for the Rural Enterprise Assistance Project (REAP) to provide future business development services. Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-232 WHEREAS, the City of Grand Island, Nebraska is an eligible unit of general government authorized to participate in Community Development Block Grant (CDBG) Programs through the State of Nebraska Department of Economic Development (NDED); and WHEREAS, the City of Grand Island and surrounding area has a strong need for business development services and we agree that our community is part of a Rural Enterprise Assistance Project (REAP-CDBG) service area in Nebraska; and WHEREAS, the City of Grand Island would like the services of REAP to be available for start-up and existing entrepreneurs, as needed; and WHEREAS, the work of the REAP Program is consistent with local and area-wide strategic plans for community and economic development and will be coordinated with other economic development activities in the project area; and WHEREAS, working together will create more opportunities for entrepreneurs and will further enhance the overall effectiveness of all program partners. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island supports the provision of services by the Rural Enterprise Assistance Project (REAP) in the City and surrounding area. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G5 #2005-233 - Approving Grand Island Area Economic Development Recommendation to Rescind Contract with Westward Airways, Inc. Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Paul M. Briseno City of Grand Island City Council Council Agenda Memo From: Administration Meeting: August 23, 2005 Subject: Approving Grand Island Area Economic Development Recommendation to Rescind Contract with Westward Airways, Inc. Item #’s: G-5 Presenter(s): Paul M. Briseno, Assis tant to the City Administrator Background On June 28, 2005 Council approved an Economic Development Incentive Agreement with Westward Airways, Inc. to provide a forgivable loan for $120,000 for start up costs and promotional activities in providing eastbound air service to the Grand Island area. Since the approved agreement Westward Airways has suspended all operations. Discussion The Grand Island Area Economic and Deve lopment Corporation recommend the agreement with Westward Airways, Inc for LB-840 funding be declared null and void. A copy of the request to rescind the grant is attached. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Postpone the issue to future date 3. Take no action on the issue Recommendation City Administration recommends the Council approve the rescinding of the LB-840 application of Westward Airways Sample Motion Motion to approve the rescinding of LB-840 application of Westward Airways. Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-233 WHEREAS, on June 28, 2005, by Resolution 2005-193, the City Council of the City of Grand Island approved an Economic Development Incentive Agreement with Westward Airways, Inc. to provide a forgivable loan in the $120,000 for start up costs and promotional activities in providing eastbound air service to the Grand Island area; and WHEREAS, Westward Airways, Inc. has suspended all operations; and WHEREAS, it is recommended that Resolution 2005-193 be rescinded and the Economic Development Incentive Agreement with Westward Airways, Inc. be null and void. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2005-193 authorizing $120,000 in economic development assistance through a forgivable loan to Westwards Airways, Inc. is hereby rescinded. BE IT FURTHER RESOLVED, that the Economic Development Incentive Agreement with Westward Airways, Inc. is hereby declared null and void. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G6 #2005-234- Approving Bid Award - Water Main District 450 and 451 - Stewart Place - Circle Drive Area Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader;DaleShotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: August 23, 2005 Subject: Bid Award – Water Main District 450 and 451 – Circle Drive Area Item #’s: G-6 Presenter(s): Gary R. Mader, Utilities Director Background Water Main Districts 450 and 451 were created as a result of citizens’ request. Bids for installation of water mains and service lines for District 450 and District 451 have been received. The area is located south of Stolley Park Road and west of Blaine Street. Water Main District 450 covers the multiple family housing development along east Circle Drive, Sunny Brooke Road, and Stewart Place; and is under one ownership. Water Main District 451 is located west of Circle Drive, and is a combination of single family homes and multiple family units. A map of the Districts is attached. By combining the two districts under one contract, a cost savings from the economy of scale could be realized. Discussion The proposed construction will be done as an assessment district, which is the Department’s standard method for installing water lines in developed areas when requested by the neighborhood. Five potential construction firms, along with five plan information agencies, received the bid information documents. In accordance with City Procurement Codes, bids were publicly opened at 11:00 a.m. on August 11, 2005. Two bids were received and have been checked and evaluated for completeness and accuracy. One of the bids had a mathematical error in unit price computations. However, this does not change the overall ranking. The bids are listed below: As Read Evaluated Bidder Exceptions Bid Price Bid Price Diamond Engineering Co. None $206,550.54** $205,154.38 Grand Island NE General Excavation None $349,841.64 $349,841.64 Lincoln NE **In reviewing the bid submittals, Utility engineering staff noted an error in the contractors quantity costing for “Remove Curb and Gutter”. The bidder had entered 608.19 LF (Linear Feet). The correct amount is 26.46 LF. Correction of the error results in a reduction to the “as read” bid price of $1,396.16. A copy of the corrected quantity costing form is attached. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the award of the contract for Water main District 450 and 451 to the Diamond Engineering Company 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award of the contract for Water Main District 450 and District 451 to the low compliant bidder, Diamond Engineering Co., in the corrected bid amount of $205,154.38. Diamond’s bid is below the project estimate of $300,000 and meets all City contract requirements. Sample Motion Motion to approve the bid award of the Contract for Water Main District 450 and Water Main District 451 to the Diamond Engineering Company of Grand Island, Nebraska. 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: August 11, 2005 at 11:00 a.m. FOR: Water Main Districts #450 & 451 DEPARTMENT: Utilities ESTIMATE: $300,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: July 8, 2005 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Diamond Engineering General Excavating Grand Island Lincoln Bid Security: Bond Bond Universal Surety Universal Surety Exceptions: None None Bid Price: $206,550.54 $349,841.64 P1010 WATER MAIN DISTRICT 450 AND 451 BIDS Bids = 8/11/2005 Sunny Brooke Rod, Stewart Dr, and Circle Dr area DIAMOND ENGINEERING GENERAL EXCAVATING Estimated Bid Unit Total Bid Unit Total Item Description Quantity $$$ Bid $$ $$$ Bid $$ C. 1.01 12"X12"X 6" TAPPING SLEEVE 1.00 EA 1,985.00 1,985.00 3,410.00 3,410.00 C. 1.02 8" D.I. PIPE, (S.J.) 1,330.99 LF 23.70 31,544.46 35.80 47,649.44 C. 1.03 8"X 8"X 8" TEE (M.J.) 1.00 EA 255.00 255.00 405.00 405.00 C. 1.04 8"X 8"X 6" TEE (M.J.) 5.00 EA 240.00 1,200.00 405.00 2,025.00 C. 1.05 8"X 90° ELL (M.J.) 1.00 EA 188.50 188.50 360.00 360.00 C. 1.06 8"X 22 1/2 ELL (M.J.) 2.00 EA 176.60 353.20 240.00 480.00 C. 1.07 8"X 6" REDUCER (M.J.) 2.00 EA 133.45 266.90 200.00 400.00 C. 1.08 8" RS GATE VALVE 2.00 EA 975.00 1,950.00 1,010.00 2,020.00 C. 1.09 8" RETAINER GLAND 1.00 EA 66.50 66.50 70.00 70.00 C. 1.10 8" CAP (M.J.) 1.00 EA 107.40 107.40 70.00 70.00 C. 1.11 6" D.I. PIPE, (S.J.) 1,877.26 LF 20.20 37,920.65 33.00 61,949.58 C. 1.12 6"X 6"X 6" TEE (M.J.) 7.00 EA 195.00 1,365.00 360.00 2,520.00 C. 1.13 6"X 45 ELL (M.J.) 6.00 EA 143.40 860.40 320.00 1,920.00 C. 1.14 6"X 22 1/2 ELL (M.J.) 5.00 EA 144.50 722.50 320.00 1,600.00 C. 1.15 6" CAP (M.J.) W/ 2" TAPPED PLUG 1.00 EA 88.65 88.65 58.00 58.00 C. 1.16 6" RS TAPPING VALVE 1.00 EA 915.00 915.00 2,520.00 2,520.00 C. 1.17 6" RS GATE VALVE 4.00 EA 712.95 2,851.80 700.00 2,800.00 C. 1.18 VALVE BOX 7.00 EA 159.25 1,114.75 175.00 1,225.00 C. 1.19 FIRE HYDRANT ASSEMBLY COMPLETE 9.00 EA 1,310.00 11,790.00 2,350.00 21,150.00 C. 1.20 1" WATER SERVICE, COMPLETE 74.00 EA 625.75 46,305.50 900.00 66,600.00 C. 1.21 2" WATER SERVICE, COMPLETE 2.00 EA 962.65 1,925.30 1,350.00 2,700.00 C. 1.22 THRUST BLOCK 28.00 EA 103.85 2,907.80 210.00 5,880.00 C. 1.23 6" RETAINER GLAND 1.00 EA 51.10 51.10 45.00 45.00 C. 1.24 BELL BLOCK 2.00 EA 348.30 696.60 370.00 740.00 C. 1.25 ROADWAY SAW CUT 1,048.29 LF 2.75 2,882.80 4.50 4,717.31 C. 1.26 DRIVEWAY SAW CUT 608.19 LF 2.75 1,672.52 4.50 2,736.86 C. 1.27 REMOVE CURB & GUTTER 26.46 LF 2.40 63.50 4.50 119.07 C. 1.28 REPLACE CURB & GUTTER 26.46 LF 18.20 481.57 35.00 926.10 C. 1.29 REMOVE ASPH. / CONC. ROADWAY 892.05 SY 4.25 3,791.21 9.00 8,028.45 C. 1.30 REPLACE ASPH. / CONC. ROADWAY 892.05 SY 28.00 24,977.40 60.00 53,523.00 C. 1.31 REMOVE ASPH. / CONC. DRIVEWAY 723.47 SY 4.25 3,074.75 9.00 6,511.23 C. 1.32 REPLACE ASPH. / CONC. DRIVEWAY 723.47 SY 28.00 20,257.16 60.00 43,408.20 C. 1.33 REMOVE CONCRETE SIDEWALK 46.80 SF 0.45 21.06 2.00 93.60 C. 1.34 REPLACE CONCRETE SIDEWALK 46.80 SF 3.00 140.40 6.00 280.80 C. 1.35 R-O-W SEEDING 900.00 SF 0.40 360.00 1.00 900.00 Evaluated Bid Amount $205,154.38 $349,841.64 As Read Bid Amount $206,550.54 $349,841.64 (1,396.16) Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-234 WHEREAS, the City of Grand Island invited sealed bids for Water Main District No. 450 and 451, according to plans and specifications on file at the Utility Engineering Office at Phelps Control Center; and WHEREAS, on August 11, 2005, bids were received, opened and reviewed; and WHEREAS, the Diamond Engineering Company of Grand Island, 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 $205,154.38; and WHEREAS, such bid is below the 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 the Diamond Engineering Company of Grand Island, Nebraska, in the amount of $205,154.38 for Water Main District No. 450 and 451 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract between the City and such contractor is hereby approved, 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, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G7 #2005-235- Approving Bid for Construction of Buildings, Baffles, Sheds and Picnic Shelters for the Heartland Public Shooting Park Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Park and Recreation Department Meeting: City Council, August 23, 2005 Subject: Bid Award – Buildings, Baffles and Shooting Sheds for Heartland Public Shooting Park Item #’s: G-7 Presenter(s): Steve Paustian, Park and Recreation Director Background The City is in the process of developing the Rifle and Piston ranges at the Heartland Public Shooting Park. Storage buildings, baffles and shooting sheds were bid to meet the needs of the rifle and pistol ranges. Discussion Bids were advertised for the materials and labor necessary to build the aforementioned items. Invitations to bidders were sent to seven firms. One firm responded, providing a bid of $452,706.00. The successful low bid was provided by Galva n Construction of Grand Island, NE in the amount of $452,706.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Award the contract as recommended. 2. As directed by Council. 3. Not award a bid. Recommendation It is the recommendation of staff to award the bid to Galvan Construction, of Grand Island, NE in the amount of $452,706.00. Sample Motion Motion to award the bid to Galvan Construction, in the amount of $452,706.00. 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: August 11, 2005 at 11:15 p.m. FOR: Shooting Facilities at Heartland Public Shooting Park DEPARTMENT: Parks and Recreation ESTIMATE: $500,000.00 FUND/ACCOUNT: 40044450-90026 PUBLICATION DATE: July 31, 2005 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Galvan Construction Grand Island, NE Bid Security: Bond AMCO Insurance Co. Exceptions: None Bid Price: Range 1 $102,750.00 Range 2 $150,402.00 Range 3 $ 57,000.00 Range 4 $ 57,000.00 3 Storage Buildings $ 63,717.00 12 Picnic Shelters $ 93,000.00 Alternate Bid $108,000.00 P1015 Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-235 WHEREAS, the City of Grand Island invited sealed bids for Construction of Buildings, Baffles, Sheds, and Picnic Shelters at the Heartland Public Shooting Park, according to plans and specifications on file with the Parks and Recreation Director; and WHEREAS, on August 11, 2005, one bid was received, opened and reviewed; and WHEREAS, Galvan Construction of Grand Island, 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; and WHEREAS, due to funding constraints, the baffles, shooting sheds and buildings have been removed from the 300 and 600 yard shooting ranges, and the picnic shelters have been eliminated from the project at this time; and WHEREAS, Galvan Construction's bid for the remaining items of the project is $452,706.00; and WHEREAS, such bid is below the 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 Galvan Construction of Grand Island, Nebraska, for the construction of buildings, baffles, and sheds at the Heartland Public Shooting Park in the amount of $452,706.00 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract between the City and such contractor is hereby approved, 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, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G8 #2005-236- Approving Agreement with Nebraska Department of Roads for Construction of the Grand Island River Way Trail Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Park and Recreation Department Meeting: August 23, 2005 Subject: Agreement with Nebraska Dept. of Roads for construction of the River Way Trail Item #’s: G-8 Presenter(s): Steve Paustian, Parks and Recreation Director Background The City Council authorized the Park and Recreation Department to apply for a grant to construct the River-Way Trail. We have been notified of our successful application. Discussion In order to received the funding associated with the grant it is required by the State that a resolution be attached to the agreement committing the City to the requirements of the grant. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the acceptance of the grant. Sample Motion Motion to approve resolution authorizing City to accept grant funds for trail construction. Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-236 WHEREAS, the City of Grand Island desires to develop the Grand Island River Way Trail as a ten foot wide bicycle/pedestrian trail; and WHEREAS, it is anticipated that the trail will start at Hall County Park and follow the south Wood River drainage dike one and one-half miles to South Locust Street; and WHEREAS, the City applied for and received a grant to develop this property into a hike/bike trail; and WHEREAS, an agreement with the Nebraska Department of Roads is required to proceed with this project, known as STPB-40(53); and WHEREAS, federal funds will cover 80% of the project costs up to a maximum of $347,907, with the City's share of such project to be approximately $86,977. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Nebraska Department of Roads is hereby approved for the development of a ten foot wide hike/bike trail to start at Hall County Park and follow the south Wood River drainage dike one and one-half miles to South Locust Street. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G9 #2005-*237- Consultan Agreement for Homeless Study Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Joni K City of Grand Island City Council Council Agenda Memo From: Community Development Meeting: August 23, 2005 Subject: Consultant Agreement for Homelessness & Homeless Housing Study Item #’s: G-9 Presenter(s): Joni Kuzma, Development Specialist Background In April, 2005 the City of Grand Island received a $36,950 CDBG Planning Grant to conduct a needs assessment of homeless and homeless housing needs in Grand Island, the area served by Hope Harbor (Hall, Hamilton, Howard and Merrick Counties), and the tri- city area. Inter local agreements are in place with Hall County, Hamilton County, Howard County, Merrick County, Kearney County, Buffalo County, the City of Hastings and the City of Kearney. Hope Harbor is providing $9,300 in match. The City is providing $3,050 for a total project amount of $49,300. A Request for Proposals to conduct the study was published in the Grand Island Independent on June 8, 2005 and Proposal packets sent to six consulting companies. Sealed proposals were sent to the City Clerk’s office and opened on June 27, 2005 at 4:00 p.m. Discussion Two proposals were received and an agreement negotiated with the consultant who received the top scoring review. At this time, it is staff recommendation that an agreement be awarded to the Center for Rural Research and Development, (Kay Payne, Consultant) for the contracted amount not to exceed $49,300. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Planning Grant agreement with the Center for Rural Research and Development to conduct a needs assessment and study and give approval for the Mayor to sign all related documents. 2. Disapprove or /Deny the Planning Grant agreement. 3. Modify the Planning Grant agreement to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that Council approve the Planning Grant agreement with the Center for Rural Research and Development to conduct a needs assessment and study and give approval for the Mayor to sign all related documents. Sample Motion Approve the Planning Grant agreement with the Center for Rural Research and Development to conduct a needs assessment and study and give approval for the Mayor to sign all related documents. CRRD Contract 1 SERVICE AGREEMENT THIS AGREEMENT made and entered into by and between the City of Grand Island (hereinafter referred to as the City) and the Center for Rural Research & Development (hereinafter referred to as the Consultant). WITNESSES THAT: WHEREAS, the City and the Consultant are desirous of entering into an agreement to formalize their relationship and WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended through 1981 and 24 CFR 570, the State of Nebraska Department of Economic Development (the Department) is authorized by the federal Department of Housing and Urban Development (HUD) to provide Community Development Block Grant Program funds (hereinafter referred to as CDBG funds) to units of local government selected to undertake and carry out certain programs and projects under the Nebraska State Community Development Block Grant Program in compliance with all applicable local, state and federal laws, regulations and policies, and WHEREAS, the City, as part of its 2004 CDBG contract with the Department, under agreement #04PP028, has been awarded CDBG funds for the purposes set forth herein and WHEREAS, the Scope of Work included in this agreement is authorized as part of the City approved CDBG program, and WHEREAS, it would be beneficial to the City to utilize the Consultant as an independent entity to accomplish the Scope of Work set forth herein and such endeavor would tend to best accomplish the objectives of the local CDBG program. NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions contained herein and the mutual benefits to be derived therefrom, the parties hereto agree as follows: 1. Services to be Provided by the Parties a. The Consultant shall complete in a satisfactory and proper manner as determined the work activities described in the Scope of Work. (Attachment #1 to the agreement). b. The City will provide such assistance and guidance as may be required to support the objectives set forth in the Scope of Work and will provide compensation for services as set forth in Section 3 below. 2. Time of Performance The effective date of this agreement shall be the date the parties sign and complete execution of the agreement. The termination date of the agreement shall be one month following submission of the final Community Development Block Grant close out reports to the Nebraska Department of Economic Development or at a time mutually agreed to by the parties. CRRD Contract 2 3. Consideration The City shall reimburse the Consultant in accordance with the Payment Schedule described in Attachment #2 to the agreement for all allowable expenses agreed upon by the parties to complete the Scope of Work. In no event shall the total amount reimbursed by the City exceed the sum of $49,300 over a two-year period. Reimbursement under this agreement shall be based on billing statements submitted by the Consultant for services provided, according to the required City Council cut-off dates for submission of bills. It is also understood that this agreement is funded in part or in whole with funds through the State of Nebraska Community Development Block Grant Program as administrated by the Department and is subject to those regulations and restrictions normally associated with federally funded programs and any other requirements that the state may prescribe. 4. Records The Consultant agrees to maintain such records and follow such procedures as may be required under OMB Circular A102 and any such procedures that the City or the Department may prescribe. In general such records will include information pertaining to the agreement, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards, (as appropriate), and performance. All such records and all other records pertinent to this agreement and work undertaken under this agreement shall be retained by the Consultant for a period of three years after the final audit of the City CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City shall request a longer period for record retention. The City, the Department and duly authorized officials of the state and federal government shall have full access and the right to examine any pertinent documents, papers, records and books of the Consultant involving transactions to this local program and agreement. 5. Relationship The relationship of the Consultant to the City shall be that of an independent Consultant rendering professional services. The Consultant shall have no authority to execute agreements or to make commitments on behalf of the City and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City and the Consultant. 6. Suspension, Termination and Close Out If the Consultant fails to comply with the terms and conditions of this agreement the City may pursue such remedies as are legally available including, but not limited to the suspension or termination of this agreement in the manner specified herein: a. Suspension If the Consultant fails to comply with the terms and conditions of this agreement, or whenever the Consultant is unable to substantiate full compliance with provisions of this agreement, the City may suspend the agreement effective not less than 7 days following written notification to the Consultant or its authorized representative. The suspension will remain in full force and effect until the Consultant has taken corrective action to the satisfaction of the City and is able to substantiate its full CRRD Contract 3 compliance with the terms and conditions of this agreement. No obligations incurred by the Consultant or its authorized representatives during the period of suspension will be allowable under the agreement except: (1) Reasonable, proper and otherwise allowable costs which the Consultant could not avoid during the period of suspension. (2) If upon investigation, the Consultant is able to substantiate complete compliance with the terms and conditions of this agreement, otherwise allowable costs incurred during the period of suspension will be allowed. (3) In the event all or any portion of the work prepared or partially prepared by the Consultant be suspended, abandoned, or otherwise terminated the City shall pay the Consultant for work performed to the satisfaction of the City in accordance with the percentage of the work completed. b. Termination for Cause If the Consultant fails to comply with the terms and conditions of this agreement and any of the following conditions exist; (1) The la ck of compliance with provisions of this agreement are of such scope and nature that the City deems continuation of the agreement to be substantially detrimental to the interests of the City; (2) The Consultant has failed to take satisfactory action as directed by the City or its authorized representative within the time specified by same; (3) The Consultant has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this agreement ; then, the City may terminate this agreement in whole or in part, and thereupon shall notify the Consultant of the termination, the reasons therefore, and the effective date provided such effective date shall not be prior to notification of the Consultant. After this effective date, no charges incurred under any terminated portions are allowable. c. Termination for Other Grounds The agreement may also be terminated in whole or in part: (1) By the City, with the consent of the Consultant, or by the Consultant with the consent of the City, in which case the two parties shall devise by mutual agreement, the conditions of termination including effective date and in case of termination in part, the portion to be terminated. (2) If the funds allocated by the City via this agreement are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in purchasing said services. (3) In the event the City fails to pay the Consultant promptly or within 60 days after invoices are rendered, the City agrees that the Consultant shall have the right to consider said default a breach of this agreement and the duties of the Consultant under this agreement terminated. In such an event, the City shall then promptly pay the Consultant for all services performed and all allowable expenses incurred. CRRD Contract 4 (4) The City may terminate this agreement at any time giving at least 10 days notice in writing to the Consultant. If the agreement is terminated for convenience of the City as provided herein, the Consultant will be paid for time provided and expenses incurred up to the termination date. 7. Changes, Amendments, Modifications The City may, from time to time, require changes or modifications in the scope of services to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation therefore, which are mutually agreed upon the City and the Consultant, shall be incorporated in written amendments to this agreement. 8. Personnel The Consultant represents that he/she has, or will secure at his/her own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship to the City. All services required hereunder will be performed by the Consultant or under his/her supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or local law to perform such services. The work or services covered by this agreement may be subcontracted without prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be the full responsibility of the Consultant, subject to each provision of this agreement. 9. Assignability The Consultant shall not assign any interest on this agreement, and shall not transfer any interest on this agreement (whether by assignment or novation), without prior written consent of the City thereto: Provided, however, that claims for money by the Consultant from the City under this agreement may be assigned to a bank, trust company, or other financial institutions without such approval. Written notice of such assignment or transfer shall be furnished promptly to the City. 10. Reports and Information The Consultant, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. 11. Findings Confidential All of the reports, information, data, etc., prepared or assembled by the Consultant under this agreement are confidential and the Consultant agrees that they shall not be made available to any individual or organization without prior written approval of the City. CRRD Contract 5 12. Copyright No reports, maps, or other documents produced in whole or in part under this agreement shall be subject of an application for copyright by or on behalf of the Consultant. 13. Compliance with Local Laws The Consultant shall comply with all applicable laws, ordinances and codes of the state and local governments and the Consultant shall hold the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this agreement. 14. Executive Order 11246 (APPLICABLE TO CONSTRUCTION AGREEMENTORS ONLY) During the performance of this agreement, the Consultant agrees as follows: Add appropriate Executive Order 11246 Clause (depending on the amount of the agreement) here. 15. Title VI of the Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 16. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 17. Section 3 Compliance in the Provisions in Training, Employment and Business Opportunities a. The work to be performed under this agreement is on a project assisted under a program providing direct federal financia l assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned insubstantial part by persons residing in the areas of the project. b. The parties to this agreement will comply with the provisions of said Section 3. The parties to this agreement certify and agree that they are under no agreement ual or other disability which would prevent them from complying with these provisions. c. The Consultant will send each labor organization or representative or workers with which he/she has collective bargaining agreement or other agreement or understanding, if any, a notice advising the said labor organization or workers’ representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. CRRD Contract 6 d. The Consultant will include this Section 3 clause in every sub-agreement for work in connection with the project and will, at the direction of the applicant for, or receipt of federal financial assistance, take appropriate action pursuant to the sub-agreement, upon a finding that the sub-agreementor is in violation or regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Consultant will not sub-agreement with any sub-agreementor where it has notice or knowledge that the latter has been found in violation or regulations under 24 CFR Part 135 and will not let any sub- agreement unless the sub-agreementor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the agreement, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its consultants and sub-agreementors, its successors and assigns to those sanctions specified by the grant or loan agreement sanctions as are specified by 24 CFR Part 135. 18. Age Discrimination Act of 1975, As Amended (42 U.S.C. 6101, et. seq.) The law provides that no person will be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. 19. Section 504 of the Rehabilitation Act of 1973, As amended (29 U.S.C. 794) The law provides that no otherwise qualified individual will, solely by reason of his or her ha ndicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal assistance funds. 20. Executive Order 11246. As Amended This Order applies to all federally assisted construction agreements and subagreement s. The Grantee and subagreementors, if any, will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee and subagreementors, if any, will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 21. Conflict of Interest No officer, employee or agent of the Grantee who will participate in the selection, the award, or the administration of this grant may obtain a personal or financial interest or benefit from the activity or have an interest in any agreement, subagreement or agreement with respect thereto, or the proceeds thereunder either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Is further required that this stipulation be included in all sub agreements to this agreement. Upon written request, exceptions may be granted upon a case by case basis when it is determined that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient’s program or project. These exceptions are granted by the Department. CRRD Contract 7 22. Audits and Inspections The City, the Department, the State Auditor and HUD or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the CDBG project and this agreement, by whatever legal and reasonable means are deemed expedient by the City, DED, the State Auditor and HUD. 23. Hold Harmless The Consultant agrees to indemnify and hold harmless the City, its appointed and elective officers and employees, from and against all loss and expense, including attorney’s fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officers and employees from damages sustained by any person or persons, arising out of or in consequence of the Consultant’s and its agents’ negligent performance of work associated with this agreement. The Consultant shall not be liable for property and bodily injury as may result from the negligence of any construction agreementor or construction subagreementor. This agreement contains all terms and conditions agreed to by the City and the Consultant. The attachments to this agreement are identified as follows: Attachment #1, Scope of Work, consisting of one page Attachment #2 Payment Schedule, consisting of one page WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date and year last written below. CITY OF GRAND ISLAND, NEBRASKA _________________________________ ____________________________ Jay Vavricek Mayor Date CENTER FOR RURAL RESEARCH & DEVELOPMENT _________________________________ ____________________________ Kay Payne, Director Date AGREEMENT REVIEWED AND APPROVED FOR CONTENT BY: __________________________________ ____________________________ Douglas R. Walker, City Attorney Date CRRD Contract 8 ATTACHMENT I SCOPE OF WORK The Center for Rural Research & Development will provide the following service to the City of Grand Island in the completion of a Homelessness and Homeless Housing . The selected consultant will be expected to perform the entire scope of services, including, but not limited to: · Design an assessment tool for determining needs of homeless persons in the region · Collect necessary data to evaluate and determine needs of homeless persons in region · Determine adequate capacity for Hope Harbor homeless shelter and alternative housing options for the Grand Island service area · Feasibility study for a capital campaign to address long-range funding for homeless shelter and housing · Service delivery and facility design · Interagency coordination and staffing needs for homeless services · Assess tri-city coordination of services · Public meetings · Formation of task force and/or steering committee · Submission of a completed Homelessness and Homeless Housing needs study, with a capital campaign component Deliverables: The City of Grand Island uses ArcView GIS software, AutoCAD Map, Microsoft Word, Excel, Access and Power-point. All documents shall be prepared using a combination of these software packages. Electronic copies of all documents shall be submitted to the City of Grand Island on a CD or DVD. All maps, data, findings, etc. that are collected, developed or written for this project by the consultant shall become the property of the City of Grand Island with unlimited rights to copy, distribute and/or modify. CRRD Contract 9 ATTACHMENT II PAYMENT SCHEDULE The Consultant agrees to submit invoices no less than monthly for services performed for the City of Grand Island. The City of Grand Island agrees to render payment to the Consultant based on the date an invoice is submitted for payment. A 2005 schedule of cut-off dates for City Invoice processing is listed below. If an invoice is submitted the Friday before the listed cut-off date, the payment will be scheduled for the next regularly scheduled council meeting. If an invoice is submitted to the City on the morning of the cut-off date, it will be processed and submitted to the City Finance Department by noon that day, if possible. Allowable expenses shall include all costs of services and expenses associated with the needs assessment and feasibility study. The City of Grand Island agrees to approve draw down of funds from the Department of Economic Development at the earliest possible City Council meeting. As per the Community Development Block Grant Application #04-PP-028, a total of $49,300 will be paid from a combination of Block Grant and matching funds over two years. The period covered under this agreement will be from August 23,2005 to February 25, 2007. All of the required activities and services, except for administration and audit, will be completed by or before this date. 2005 Cut-off date Council meeting date September 6, 2005 September 13, 2005 September 19, 2005 September 27, 2005 October 3, 2005 October 11, 2005 October 17, 2005 October 25, 2005 October 31, 2005 November 8, 2005 November 14, 2005 November 22, 2005 November 28, 2005 December 6, 2005 December 12, 2005 December 20, 2005 A 2006 schedule will be provided as soon as it is available. CRRD Contract 10 Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-237 WHEREAS, the City of Grand Island invited proposals for Homelessness and Homeless Housing Needs Study in accordance with a Request for Proposal on file with the Community Development Division of the Planning Department; and WHEREAS, proposals were due on June 27, 2005; and WHEREAS, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Center for Rural Research and Development of Kearney, Nebraska, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code, such proposal being for an amount not to exceed $49,300; and WHEREAS, $36,950 of such proposal cost will be paid with Community Development Block Grant funds received for such project; and WHEREAS, Hope Harbor will contribute $9,300 towards the cost of the project, and the City will be responsible for the remaining $3,050. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Center for Rural Research and Development of Kearney, Nebraska, for a Homelessness and Homeless Housing Needs Study for an amount not to exceed $49,300 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G10 #2005-238- Approving Bid for (1) Auger Type Snow Blower for the Street & Transportation Division of the Public Works Department Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Dale Shotkoski, Assistant City Attorney Meeting: August 23, 2005 Subject: Approving Bid Award for Auger Type Snow Blower Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background On July 27, 2005 the Street & Transportation Division of the Public Works Department advertised for bids for the purchase of an Auger Type Snow Blower. Funds for the blower were in the approved 2004/2005 budget. The old snow blower unit will be traded in. Discussion One bid containing three alternatives was received and opened on August 9, 2005. The Street & Transportation Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bid and the alternatives that were received. A summary of the bid/alternatives is shown below. Bidder Exceptions Total Bid Nebraska Machinery Co., Doniphan, NE Noted $55,560.00 Nebraska Machinery Co., Doniphan, NE Noted $67,665.00 Nebraska Machinery Co., Doniphan, NE Noted $87,277.00 Upon review and evaluation it has been determined that the snow blower unit for $55,560.00 will meet our operational needs. There are sufficient funds for this purchase in Account No. 10033501-85615. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve the purchase of the Auger Type Snow Blower from Nebraska Machinery Co., of Doniphan, NE in the amount of $55,560.00. 2. Refer the issue to a committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the purchase of the Auger Type Snow Blower in the amount of $55,560.00 from Nebraska Machinery Co., of Doniphan, NE. Sample Motion Approve the purchase of the auger type snow blower. 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: August 9, 2005 at 11:00 a.m. FOR: (1) Auger Type Snow Blower DEPARTMENT: Public Works ESTIMATE: $62,000.00 FUND/ACCOUNT: 10033501-85615 PUBLICATION DATE: July 27, 2005 NO. POTENTIAL BIDDERS: SUMMARY Logan contractors Supply, Inc. Midwest Service and Sales Co. Omaha, NE Schuyler, NE No Bid – Unable to Meet Specs. No- Bid Unable to Meet Specs. Nebraska Machinery Co. Nebraska Machinery Co. Nebraska Machinery Co. Doniphan, NE Doniphan, NE Doniphan, NE Base Bid $55,560.00 $67,665.00 $87,277.00 Trade In: $2,000.00 $2,000.00 $2,000.00 Adjusted Bid: $53,560.00 $65,665.00 $85,277.00 Exceptions Noted Exceptions Noted None P1012 Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-238 WHEREAS, the City of Grand Island invited sealed bids for one (1) Auger Type Snow Blower Attachment, Loader Mounted, Self Contained for the Street and Transportation Division of the Public Works Department, according to plans and specifications on file with the Street Division; and WHEREAS, on August 9, 2005, bids were received, opened and reviewed; and WHEREAS, Nebraska Machinery Co. of Doniphan, 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 $55,560; and WHEREAS, such bid is below the estimate for such equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Machinery Co. of Doniphan, Nebraska, for one (1) auger type snow blower attachment, loader mounted, self contained in the amount of $55,560 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G11 #2005-239- Approving Bid Award for Construction of Two Bridges for Northbound Lanes on So. Locust Street North on Interstate 80 Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Parks and Recreation, Public Works, and Legal Departments Meeting: August 23, 2005 Subject: Approving Bid Award for Two Bridges for future northbound lanes on South Locust Street north of Interstate 80 Item #’s: G-11 Presenter(s) Steve Paustian, Parks and Recreation Director Steven Riehle, Public Works Director Background On June 27, 2005 the Engineering Division of the Public Works Department advertised for bids for the construction of two bridges over Platte River channels on South Locust Street. These bridges, and ultimately the northbound lanes, are required to be constructed per the agreements with the Nebraska Department of Roads (NDOR) in conjunction with the I-80 interchange construction. Discussion Six bids were received and opened on July 21, 2005. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed the bids that were received. The bids were submitted in compliance with the contract, plans, and specifications with no exceptions. A summary of the bids is shown below. Resolution 2005-226 awarding the contract was approved by the city council on August 9, 2005. Because Federal funds will be used to pay for 80% of the construction costs, the award of the contract has to be concurred with by NDOR. Since the concurrence was received from the NDOR on August 11th, resolution 2005-226 will need to be rescinded and a new resolution approved. Bidder Exceptions Bid Security Total Bid BRB Contractors, Inc. None Travelers Casualty $1,328,318.40 L.J. Webb Contractor, Inc. None Universal Surety Company $1,366,924.00 Capital Contractors, Inc. None Universal Surety Company $1,521,137.00 Diamond Engineering Co. None Universal Surety Co. $1,179,155.59 A.M. Cohron & Son, Inc. None Merchants Bonding Co. $1,190,415.70 Christensen Bros. Inc. None Merchants Bonding Co. $1,449,250.00 The engineer’s opinion of cost for this project was $1,515,264.11. There are sufficient funds available in the Public Works account No. 40033530-90059. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve awarding the contract for Bridge Construction to Diamond Engineering Co. of Grand Island, NE. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve awarding the contract for bridge construction to the Diamond Engineering Co., of Grand Island, Nebraska, for the amount of $1,179,155.59. Sample Motion Move to approve the award of the contract to Diamond Engineering Company of Grand Island, Nebraska for the S. Locust Bridge Construction. Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-239 WHEREAS, the City of Grand Island invited sealed bids for Construction of Two Bridges for northbound lanes over the Platte River channels on South Locust Street north of Interstate 80 [Project No. 2235(4)], according to plans and specifications on file with the City Engineer; and WHEREAS, on July 21, 2005, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company, Inc. of Grand Island, 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 $1,179,155.59; and WHEREAS, such bid is below the engineer's estimate for such project; and WHEREAS, on August 9, 2005, by Resolution No. 2005-226, the City of Grand Island approved the bid of the Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,179,155.59 for such project; and WHEREAS, the Nebraska Department of Roads is required to concur with the award of the contract prior to the City's approval of such bid, however the Nebraska Department of Roads did not concur with the award of the contract until August 11, 2005; and WHEREAS, it is necessary to rescind Resolution No. 2005-226, and to obtain approval of such bid at this time. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company, Inc. of Grand Island, Nebraska, for the construction of two bridges for northbound lanes over the Platte River channels on South Locust Street north of Interstate 80 [Project No. 2235(4)] in the amount of $1,179,155.59 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract between the City and such contractor is hereby approved, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. BE IT FURTHER RESOLVED, that Resolution No. 2005-226 is hereby rescinded. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G12 #2005-240- Approving Program Agreement with NDOR for Widening of Capital Avenue from Moores Creek Drain to Webb Road Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer\Public Works Director\ City of Grand Island City Council Council Agenda Memo From: Public Works and Legal Departments Meeting: August 23, 2005 Subject: Approving Program Agreement for Project STPAA-5436(4) for Widening Capital Avenue from the Moores Creek Drain to Webb Road Item #’s: G-12 Presenter(s) Steven P. Riehle, Director of Public Works Background All agreements must be approved by the City Council. Plans are being prepared for the widening of Capital Avenue from the Moores Creek Drain to Webb Road. This construction is scheduled in 2006. Discussion Federal funds will be used for approximately 80% of the construction costs and construction engineering. Local funds will be used for the remaining costs including project design, right-of-way appraisal and acquisition. Project costs, not to exceed local funds expended, will be assessed to adjacent property owners. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve a resolution authorizing the Mayor to sign the agreement. 2. Disapprove or/Deny authorization for the Mayor to sign the agreement. 3. Modify the agreement to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-240 WHEREAS, the City of Grand Island intends to widen Capital Avenue from the Moores Creek Drainway easterly to Webb Road to accommodate increased traffic; and WHEREAS, such project will include upgrading the storm sewer system, sidewalks, street lighting, widening of the roadway, and the addition of right and left turn lanes; and WHEREAS, the total cost of nonbetterment utility rehabilitation, construction and construction engineering is estimated to be $3,800,000, with 80% of such costs being paid with federal funds; and WHEREAS, the City's share of such project is 20% of the actual eligible costs or approximately $760,000; and WHEREAS, the City will use federal funds for 80% of its costs; and WHEREAS, an agreement with the Nebraska Department of Roads is required to proceed with this project, known as Project No. STPAA-5436(4). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the program agreement with the Nebraska Department of Roads for the widening of Capital Avenue from Moores Creek Drainway easterly to Webb Road is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G13 #2005-241- Approving Agreement for Construction Engineering Services for Two Bridges on So. Locust Street North of Interstate 80 Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Dale Shotkoski, Assistant City Attorney Meeting: August 23, 2005 Subject: Approving Agreement with TranSystems Corporation to provide Construction Engineering Services on two Locust Street bridges north of Interstate 80 Item #’s: G-13 Presenter(s) Steven P. Riehle, Public Works Director Background All engineering services agreements must be approved by the city council. Two northbound bridges are being built in preparation for adding two northbound lanes to the existing two-lane roadway. The concrete pavement for the two additional lanes is currently scheduled for 2007 and will make the facility into a full four-lane roadway from Interstate 80 to Grand Island. The Engineering Division of the Public Works Department, in coordination with the Nebraska Department of Roads (NDOR), issued a Request For Proposals (RFP) for an engineering consultant to perform design and construction engineering services for the northbound bridges over two channels of the Platte River. An agreement with TranSystems Corporation of Omaha, Nebraska to perform the design engineering work was negotiated by city staff in conjunction with the NDOR and approved by council. Discussion Bids were opened for the bridges and construction will soon start. Since the city engineering staff does not have the time or expertise to perform the construction engineering services on this federal aid project, an agreement with TranSystems was negotiated by city staff in conjunction with the NDOR. The agreement format is prepared by the NDOR with work to be performed at actual costs with a maximum dollar amount. There are sufficient funds available in the Public Works account No. 40033530-90059. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the agreement with TranSystems Corporation of Omaha, Nebraska to provide construction engineering services for the South Locust Bridges. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the City Council approve the agreement with TranSystems Corporation of Omaha, Nebraska to provide construction engineering services for the South Locust Bridges at actual costs with a maximum dollar amount. Sample Motion Move to approve agreement with TranSystems Corporation of Omaha, Nebraska to provide construction engineering services for the South Locust Bridges. ENGINEERING AGREEMENT PROJECT NO. STPAA-2235(4), CONTROL NO. 42169 CITY OF Grand Island TranSystems Corporation CONSTRUCTION ENGINEERING SERVICES South Locust St. Bridges over channels of Platte River/Northbound - two bridges THIS AGREEMENT, entered into by and between the firm of TranSystems Corporation hereinafter referred to as the "Consultant", and the City of Grand Island, Nebraska, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City is planning to construct two bridges, and WHEREAS, the work will be done under the project designation of Project No. STPAA- 2235(4), and WHEREAS, Federal regulations provide that the State shall have the responsibility for the construction of all Federal-aid projects, and will be responsible for insuring that such projects receive the same degree of supervision and inspection as projects constructed under a contract let and directly supervised by the State and that the project is completed in conformity with approved plans and specifications, and WHEREAS, the City and State do not have sufficient personnel available for such supervision and inspection, and WHEREAS, the City may employ a consultant to provide construction engineering services, and WHEREAS, the City agrees to provide a City employee or Consultant to be in responsible charge and direct control of the project at all times, and WHEREAS, it is the desire of the City that the Consultant furnish project management, construction staking, inspection and field testing engineering services for this project, and WHEREAS, the Consultant is willing to perform such work according to the terms hereinafter provided, and the Consultant does represent that it is in compliance with the Nebraska Statutes relating to the registration of professional engineers, and hereby agrees to comply with all Federal, State, and local laws and NOW THEREFORE, in consideration of these facts, the City and Consultant agree as follows: Project No. STPAA-2235(4) - 2 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges SECTION 1. DEFINITIONS: WHEREVER in this agreement the following terms are used, they will mean: "CITY" means the City of Grand Island of the State of Nebraska, the Mayor or an authorized representative. "STATE" means the Nebraska Department of Roads of the State of Nebraska, Lincoln, Nebraska, the Director of the Department, or an authorized representative of the Director. The State is representing the United States Department of Transportation on this project and any reference to the "State" in this agreement means the State on behalf of the United States Department of Transportation. "CONSULTANT" means the firm of TranSystems Corporation, whose business and mailing address is 16934 Frances Street, Suite 100, Omaha, NE 68130. “SUBCONSULTANT/SUBCONTRACTOR” means the firm of Tagge Engineering Consultants, Inc, whose business and mailing address is P.O. Box 23, Holdrege, NE 68949 AND Kleinfelder whose business and mailing address is 9312 G Court, Omaha NE 68127. "FHWA" means the Federal Highway Administration, Department of Transportation, Washington, DC 20590, acting through its authorized representatives. "DOT" means the United States Department of Transportation, Washington, DC 20590, acting through its authorized representatives. "PROJECT MANAGER" means that person appointed by the City to oversee the project construction and to ensure that the project is built in compliance with all the terms of this agreement and requirements for Federal funding. "STATE REPRESENTATIVE" means an employee of the State designated by the State to review the project and to assist the City in complying with requirements for Federal funds. To "ABANDON" the work means that the City has determined that conditions or intentions as originally existed have changed and that the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the work means the City has determined the progress is not sufficient or the conditions or intentions as originally existed have changed or the work completed or submitted is unsatisfactory and the work as contemplated in this agreement should be stopped on a temporary basis. This cessation will prevail until the City determines to abandon or terminate the work or to reinstate under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this agreement will be the cessation or quitting of this agreement based upon action or failure of action on the part of the Consultant as defined in this agreement and as determined by the City. Project No. STPAA-2235(4) - 3 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges SECTION 2. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK: The Consultant shall, upon receipt of Notice to Proceed, perform all the project management, construction staking, inspecting and field testing services required under this agreement for Project STPAA-2235(4), South Locust St. Bridges over channels of Platte River/Northbound - two bridges, in Hall County, Nebraska, as outlined in the attached EXHIBIT "A", Consultant's Proposal, attached and made a part of this agreement. The services in order to remain eligible for Federal funding must be performed to the satisfaction of the City and State and in accordance with State and Federal applicable publications and regulations. The Consultant has furnished a personnel chart or list in EXHIBIT "A". Any major deviation from or revision in the classifications or personnel shown in the chart or list must receive the prior approval of the City. All personnel replacements must be made with persons of equal ability or experience and failure to provide capable replacements to keep the work on schedule will be cause for termination of this agreement, with settlement to be made as provided for in this agreement. The Consultant's services include, but are not limited to project management, advance staking, conducting the preconstruction conference, staking and inspection during project construction, preparing As-Built plans, progress computations, final computations, and preparing contractor change orders. The Consultant, its Subcontractors or their employees shall not perform any work on the project that is the responsibility of the construction contractor. SECTION 3. TIME OF BEGINNING AND COMPLETION: The City will issue the Consultant a written Notice-to-Proceed after this agreement is approved by the State. Any work or services performed on the project prior to the Notice-to- Proceed date is not eligible for reimbursement. The Consultant shall complete all work required under this agreement in a satisfactory manner within 45 calendar days after acceptance of the project by the City and State. Any costs incurred after the completion deadline are not eligible for reimbursement unless the City has approved an extension of time. SECTION 4. IT IS MUTUALLY AGREED THAT: (A) The City and State retain the right to perform any services on this project with their own staff. (B) The State’s District Engineer will assign a state employee from the District to be the State Representative for the project. The State Representative will assist the City in Project No. STPAA-2235(4) - 4 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges complying with the construction contract, design plans, scope of work or services, federal and state regulations, statues, etc. in order that federal funds can be expended on this project. The Representative will review the project for compliance for federal funds, and will notify the city that project is acceptable or unacceptable. If the representative determines the project is unacceptable, the Representative will notify the City in writing, stating why the work is not in compliance with the requirements, etc., and that federal funds for the project are considered in jeopardy. (C) The Consultant shall advise the State's Highway Disadvantaged Business Coordinator when it appears any Disadvantaged Business Enterprise (DBE) is in need of assistance. The Consultant shall make every effort to assist the Contractor or any Subcontractor in interpreting Plans and Specifications. (D) Prior to the start of construction, the Consultant shall respond and be on the project with no more than 24 hours written notice by the City. The Consultant in cooperation with the City shall closely coordinate the number of people the Consultant will provide for the required staking, inspection, and field testing operations. (E) The performance of all work under this agreement will be subject to the inspection and approval of the City and State and must be in accordance with the Construction Contractor's working schedule. (F) The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work contemplated in this agreement. (G) The completion time will not be extended because of any avoidable delay attributed to the Consultant but delays attributed to the Contractor, City or State will constitute a basis for an equivalent extension of time. (H) Whenever possible, the sampling and testing frequency and methods of construction must be done according to the current State of Nebraska Materials and Sampling Guide, and the State Standard Methods of Tests (www.dor.state.ne.us), the special provisions of the construction contract, or as may be directed by the State Representative. If the Guide does not apply or cannot be followed for some good reason, then the Consultant shall follow the direction of the State Representative in regards to what needs to be done to provide a satisfactory result for the project. Project No. STPAA-2235(4) - 5 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges SECTION 5. FEES AND PAYMENTS: A. For performance of the work as outlined in this agreement, the consultant will be paid a fixed-fee-for-profit of $4,477.97, as defined in paragraph D of this section, and up to a maximum amount of $103,443.99 for actual costs as defined in paragraph E of this section, that are allowable subject to the terms of this agreement and the federal cost principles contained in the Federal Acquisition Regulation (48 CFR 31). The total agreement amount is $152,701.62. B. The Consultant is responsible for determining if its actual costs will exceed the maximum amount stated above. If at any time during this project, the Consultant determines that its costs will exceed, or have exceeded, the maximum amount stated above, the consultant must immediately notify the City in writing and describe which costs are causing the overrun and the reason. The Consultant must also estimate the additional costs needed to complete the work. The City will then determine if the maximum amount is to be increased, and prepare a supplemental agreement. The City will not be obligated for costs in excess of the maximum amount not approved in advance. C. The City is not responsible for costs incurred prior to the Notice-to-Proceed date or after the completion deadline date as stated in this agreement. D. The fixed fee is computed upon the direct salary or wage costs, indirect salary costs, indirect non-salary costs, and direct payroll additives. The fixed fee is not allowable upon direct non-salary costs. E. Actual costs include direct labor costs, direct non-labor costs, and overhead costs. (1) Direct Labor Costs Direct labor costs are the wages paid to employees for the time they are working directly on the project. For hourly employees, the Consultant shall bill the project at the employee's straight time hourly rate for regular hours worked and at 150% of the employee's straight time hourly rate for overtime hours paid to the employee in accordance with the Consultant's overtime policy. Regular hours must be defined as forty hours of work per calendar week performed on this project. Any hours performed by hourly employees over forty hours on this project per calendar week, will be eligible for overtime wages at 150% of the employees straight time hourly rate. When overtime is included in the Consultant’s overhead rate calculation, the Consultant shall not bill overtime as a direct labor cost. For salaried employees, the Consultant shall determine the Project No. STPAA-2235(4) - 6 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges hourly earnings rate by dividing the employee's fixed annual compensation by the number of hours normally expected to be worked that year. In those pay periods when the salaried employee works more hours than normally expected and does not receive additional compensation at least equal to the normally expected hourly rate, the rate for the pay period will be determined by dividing the actual compensation by the actual hours reported. The rates shown herein for direct labor are rates estimated to be in force at the mid-point of the contract for the purpose of estimating the hourly cost of the work. The hours charged to the project must be supported by adequate time distribution records. The records must clearly indicate the distribution of hours to all activities on a daily basis for the entire pay period, and there must be a system in place to ensure that time charged to each activity is accurate. (2) Direct Non-Labor Costs Charges in this category include per diem expenses for personnel away from their base of permanent assignment, communication costs, reproduction and printing costs, computer charges, special equipment and materials required for the project, special insurance premiums if required solely for this contract and other similar items. Payment for these items must be made on receipted invoices, whenever possible, or on certified billings of the Consultant. (3) Overhead Costs Overhead costs include indirect salary costs, indirect non-salary costs, and direct salary additives that are allowable in accordance with 48 CFR 31. Overhead costs are to be allocated to the project as a percentage of direct labor costs. The Consultant will be allowed to charge the project using its actual allowable overhead rate. Overhead rate increases which occur during the project period will not be cause for an increase in the maximum amount established in paragraph A of this section. Project No. STPAA-2235(4) - 7 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges (4) Payments and Retention The Consultant should submit a copy of invoices to the City at monthly intervals. The invoices must present actual direct labor with regular hours and overtime hours itemized, actual overhead, and actual direct non-labor costs, as well as a prorated amount of the fixed fee for profit based upon the actual direct labor and overhead costs billed for that period relative to the Consultant's estimated total direct labor and indirect overhead costs, until 100 percent of the fixed fee for profit has been billed. The fixed fee for profit amount on the final invoice should be the difference between 100 percent of the agreed-upon fee and the total amount previously billed. The invoices must identify the hours worked and each individual's actual labor cost. The Consultant shall itemize direct non-labor expenses and provide a complete description of each item billed. Monthly invoices must include a progress report which indicates the percent of work completed during the period, until the work is complete. The Consultant will be paid 100% of actual cost and 100% of the fixed fee for profit until 90% of the fixed fee has been paid. The final 10% of the fixed fee for profit will be retained until completion of the work, acceptance by the City and State and a final audit if determined necessary by the State. The City will make every effort to pay the Consultant within 30 days of receipt of the Consultant's invoices. Payment is dependent upon whether the monthly progress reports provide adequate substantiation for the work and whether the City determines that the work is satisfactory. The acceptance by the Consultant of the final payment will constitute and operate as a release to the City for all claims and liability to the Consultant, its representatives and assigns, for any and all things done, finished, or relating to the services rendered by or in connection with this agreement or any part thereof. The Consultant agrees to reimburse the City for any overpayments discovered by the City or its authorized representative. The Consultant shall maintain, and also require that any Subconsultants/Subcontractors maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such material available for examination at its office at all reasonable times during the agreement period and for three years from the date of final payment under this agreement. Such materials must be available for inspection by the City, State, FHWA, or any authorized representative of the State and Project No. STPAA-2235(4) - 8 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges federal government, and the Consultant shall furnish copies to those mentioned in this section, when requested. SECTION 6. CHANGE OF PLAN, ABANDONMENT, SUSPENSION AND TERMINATION: In the event the Construction Contractor does not complete the work within the contract completion date of October 15, 2006, the total contract amount may be adjusted by a supplemental agreement to establish the compensation to be made for services performed after expiration of the time allowance as adjusted or extended in accordance with the Specifications. City authorized changes in the scope of services, which increase the work hours or services required of the Consultant, will provide the basis for an extension of time. Additions to the scope of services, if approved by the City, will require negotiation of a supplemental agreement. For any work beyond the scope of services, the Consultant will be required to document the additional work, estimate the cost to complete the work and receive approval from the City before beginning the work. Any of the work performed prior to approval will be done at the expense of the Consultant. The City can abandon the project or change the general scope of work at any time and such action on its part will in no event be deemed a breach of contract. The City can suspend or terminate work under this agreement at any time. The City will give the Consultant seven days written notice of the suspension or termination. If the City abandons the work, or subtracts from the work, suspends the work or terminates the work as presently outlined, the Consultant will be compensated in accordance with the provisions of 48 CFR 31, provided however, that in case of suspension, abandonment, or termination for breach of this agreement or for tender of improper work, the City can suspend payments, pending the Consultant's compliance with the provisions of this agreement. In determining the percentage of work completed, the City will consider the work performed by the consultant prior to abandonment or termination to the total amount of work contemplated by this agreement. The ownership of all engineering documents completed or partially completed at the time of such termination or abandonment, will be the property of the City and the Consultant shall immediately deliver all documents to the City. All reports, records, results and working papers arising from the work of the Consultant will be the property of the City. The Consultant shall not release or make use of same for any purpose whatever without the specific written permission of the City. Project No. STPAA-2235(4) - 9 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges The Consultant will be compensated for any leased or rented equipment required on the project for the remaining time of a lease or rental contract up to a maximum time of thirty days from the date of written suspension or termination, less any credit the Consultant receives from the lessor, provided that the Consultant cannot utilize the equipment on another project. SECTION 7. PROFESSIONAL CARE: The Consultant understands that the City will rely on the professional performance and ability of the Consultant. Any examination by the City or the State, or any acceptance or use of the work product of the Consultant, will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the Consultant that would relieve the Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. That further acceptance or approval of any of the plans or work of the Consultant by the City and State or of payment, partial or final, will not constitute a waiver of any rights of the City to recover from the Consultant damages that are caused by the Consultant due to error, omission or negligence of the Consultant in its work. If the Consultant discovers errors in its work, the Consultant shall notify the City within seven days. Failure of the Consultant to notify the City will constitute a breach of this agreement. The Consultant's legal liability for all damages incurred by the City caused by error, omission or negligent acts of the Consultant will be borne by the Consultant without liability or expense to the City. SECTION 8. CITY TO FURNISH (1) Project Manager or City contact person to assist the Consultant as required by the State. (2) Two sets of project construction plans. SECTION 9. CONSULTANT TO FURNISH OR PERFORM: The Consultant shall furnish and do the following items and services: (1) Hard hats or orange ball caps when hard hats are not required, orange vest or orange shirt, safety-toed shoes, eye and ear protection and will wear them when on the project site. Projects associated along railroad areas may restrict the use of hard hats, ball caps, vests or shirts of certain colors. The Consultant shall coordinate with the State Representative and the railroad company as to specific project requirements for that railroad area. Project No. STPAA-2235(4) - 10 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges (2) All sampling and testing as required in the current State Materials Sampling Guide and the State Standard Methods of Tests (www.dor.state.ne.us) or applicable AASHTO or ASTM procedures. (3) All portable surveying signs, consultant to install and remove. (4) Submit copies of the field tests each week to the City’s Project Manager and State Representative. (5) Prepare contractor change orders. (6) Construction stakes, nails and flagging material for survey party. (7) Plant inspection of concrete materials for project. (8) Calibrate and check testing and sampling equipment prior to commencing work. (9) Project signing plan. (10) Signs, and check reflectivity of barricades. (11) Holiday detector. (12) The Consultant shall perform all required services under the direct supervision of a registered Professional Engineer licensed to practice in the State of Nebraska. (13) Prepare and keep: detailed notes, computations and measurements, records of quantities of pay items used in the work, records of those materials entering the work site, the tests or basis of acceptance of these materials, and a daily record of the contractor’s operation and project work. Also, included will be Wage Interview Reports, working day reports, contractor progress estimates, contractor payrolls and statements of compliance and evaluation reports of the contractor. The wage interview report needs to be completed every six months. (14) Provide copies of the reports, estimates, statement, and evaluations to the City and the State Representative as per their desired schedule. (15) Project staking including, but not limited to staking the centerline, bench levels, control point tie out, and construction reference points, and final measurements. (16) Upon completion of the work, the Consultant shall prepare As-Built plans in black ink on full size plan sheets and a summary of the final quantities of all contract items, which together with all original notes, computations, measurements, and records outlined in this agreement for submittal to the City. (17) The Consultant shall certify in writing as to the completeness of the reports, verifications and analyses, and shall affix to the summary sheets the signature of a Professional Engineer employed by the Consultant licensed to practice in the State of Nebraska. Project No. STPAA-2235(4) - 11 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges (18) The Consultant shall deliver the completed As-Built plans and the final quantities, related documents to the City no later than forty-five calendar days after the City and State accept the construction of this project. If the delivered As-Built plans and the final quantities are not complete or accurate to the satisfaction of the City and State, the City will return them to the Consultant for correction and completion. The Consultant shall make the corrections without expense to the City and return them to the City within ten working days from the date of receipt. Additional work required to complete previous incomplete submittals will be paid for according to the FEES AND PAYMENTS section in this agreement. The time used by the City to review the As-Built plans and the final quantities or any delays not attributable to the Consultant will not be counted in determining the calendar days the Consultant used in completing the As-Built plans and the final quantities. If the Consultant fails to deliver the acceptable completed As-Built plans and the final quantities to the City within the time frame described in this agreement, liquidated damages in the amount of $15 dollars will be charged for each additional calendar day that the work remains uncompleted. SECTION 10. OWNERSHIP OF DOCUMENTS All surveys, tracings, plans, specifications, maps, computations, sketches, charts, and other data prepared and obtained under the terms of this agreement, are the City’s property and the Consultant shall deliver them to the City without restriction or limitation as to further use. SECTION 11. FORBIDDING USE OF OUTSIDE AGENTS: The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit to secure this agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this agreement. For breach or violation of this warranty, the City can annul this agreement without liability, or in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, percentage, brokerage fee, gift, or contingent fee. Project No. STPAA-2235(4) - 12 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges SECTION 12. NON-RAIDING CLAUSE: The Consultant shall not engage the services of any person or persons presently in the employ of the City or State for work covered by this agreement without the prior written consent of the employer of such persons. SECTION 13. GENERAL COMPLIANCE WITH LAWS: The Consultant hereby agrees to comply with all Federal, State and local laws and ordinances applicable to the work. SECTION 14. DISPUTES: Any dispute concerning a question of fact in connection with the work not disposed of by this agreement, which will affect federal funding, must be referred for determination to the Director of the State or a duly authorized representative, whose decision in the matter will be final and conclusive on the parties to this agreement. SECTION 15. RESPONSIBILITY FOR CLAIMS AND LIABILITY: The Consultant agrees to save harmless the City from all claims and liability due to the negligent activities of the Consultant or those of the Consultants, subconsultants, agents, or its employees. In this connection, the Consultant shall for the life of this agreement, carry insurance of the following types in at least the following amounts: 1. Bodily Injury and Property Damage with a combined single unit of liability of $500,000 each occurrence or Bodily Injury General and Automobile $250,000 each person General and Automobile $500,000 each occurrence Property Damage General and Automobile $250,000 each occurrence General $ 500,000 aggregate 2. Workmen's Compensation - Statutory The insurance referred to in Number 1 above must be written under Comprehensive General and Comprehensive Automobile Liability Policy Forms, including coverage for all owned, hired, and non-owned automobiles. The Consultant may at its option provide the limits of liability as set out above by a combination of the above described policy forms and excess liability policies. The Consultant shall furnish proof of insurance coverage to the City. Project No. STPAA-2235(4) - 13 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges SECTION 16. SUCCESSORS AND ASSIGNS: This agreement is binding on successors and assigns of either party. SECTION 17. DRUG-FREE WORKPLACE POLICY: The Consultant shall have on file with the State an acceptable drug-free workplace policy. SECTION 18. FAIR EMPLOYMENT PRACTICES ACT: The Consultant agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Sections 48-1101 through 48-1126, Nebraska Revised Statutes (Reissue 1998), which is hereby made a part of and included in this agreement by reference. SECTION 19. DISABILITIES ACT The Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as implemented by 28 CFR 35, which is hereby made a part of and included in this agreement by reference. SECTION 20. DISADVANTAGED BUSINESS ENTERPRISES: (A) Policy The Consultant agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 will have the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with Federal funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part of and incorporated by this reference into this agreement. (B) Disadvantaged Business Enterprise Obligation The Consultant agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 have the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, the Consultant shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure the disadvantaged business enterprises have the maximum opportunity to compete for and perform subcontracts. The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. Failure of the Consultant to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the City and State. The SUBLETTING ASSIGNMENT OR TRANSFER section of this agreement further explains the Consultant's responsibility in ensuring that disadvantaged business enterprises have the maximum opportunity to compete for subcontracts. Project No. STPAA-2235(4) - 14 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges SECTION 21. NONDISCRIMINATION: A. Compliance with Regulations: During the performance of this agreement, the Consultant, for itself and its assignees and successors in interest, agrees to comply with the regulations of the DOT relative to nondiscrimination in federally-assisted programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the Regulations), which are hereby made a part of and included in this agreement by reference. B. Nondiscrimination: The Consultant, with regard to the work performed by it after award and prior to completion of this agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Subconsultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B, and C of 49 CFR 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subagreement, including procurements of materials or equipment, each potential Subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of race, color, sex, or national origin. D. Information and Reports: The Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the State or FHWA, as appropriate, and set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this agreement, the State will impose such agreement sanctions as it or the FHWA may determine to be appropriate, including but not limited to withholding of payments to the Consultant under this agreement until the Consultant complies, and/or cancellation, termination or suspension of this agreement, in whole or in part. Project No. STPAA-2235(4) - 15 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges F. Incorporation of Provisions: The Consultant shall include the provisions of paragraph A through E of this section in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subagreement or procurement as the State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Consultant becomes involved in, or is threatened with litigation with a Subconsultant/Subcontractor as a result of such direction, the Consultant may request that the State enter into such litigation to protect the interests of the State, and in addition, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. SECTION 22. SUBLETTING ASSIGNMENT OR TRANSFER: Any subletting, assignment or transfer of any services to be performed by the Consultant is hereby prohibited unless prior written consent of the City is obtained. If the Consultant chooses to utilize any Subconsultant for work covered under this agreement, the Consultant shall enter into an agreement with the Subconsultant. All Subconsultant agreements for work covered under this agreement in excess of $10,000.00 shall contain all required provisions of this agreement. No right of action against the City shall accrue to any Consultant by reason of this agreement. As outlined in the DISADVANTAGED BUSINESS ENTERPRISES section of this agreement, the Consultant shall take all necessary and reasonable steps to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subcontracts. Any written request to sublet any other work must include documentation of efforts to employ a minority business enterprise. Project No. STPAA-2235(4) - 16 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges SECTION 24. CONFLICT OF INTEREST By signing this agreement, the Consultant certifies that it has no financial or other interests in the outcome of this project. SECTION 25. CONSULTANT CERTIFICATION: The Consultant hereby certifies that wage rates and other factual unit costs supporting the fees in this agreement are accurate, complete, current, and subject to adjustment, if required, as provided by Sections 81-1701 through 81-1721, Nebraska Revised Statutes (Reissue 1994). After being duly sworn on oath, I do hereby certify that except as noted below, neither I nor any person associated with the firm in the capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any position involving the administration of federal funds: a) has employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this agreement, or b) has agreed, as an express or implied condition for obtaining this agreement, to employ or retain the services of any firm or person in connection with carrying out this agreement, or c) has paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with procuring or carrying out this agreement, except as here expressly stated (if any). Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions Instructions for Certification 1. By signing this Agreement, the Consultant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. The Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City's determination whether to Project No. STPAA-2235(4) - 17 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges enter into this agreement. However, failure of the Consultant to furnish a certification or an explanation will disqualify the Consultant from participation in this agreement. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the City determined to enter into this agreement. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City may terminate this agreement. 4. The Consultant shall provide immediate written notice to the City if at any time the Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. 6. The Consultant agrees that, should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City before entering into this agreement. 7. The Consultant further agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the City or State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. The Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Project No. STPAA-2235(4) - 18 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges 10. Except for transactions authorized under paragraph 6 of these instructions, if the Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the City may terminate this agreement. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions A. The Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and (4) Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State or local) terminated for cause or default. B. Where the Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this Agreement. I acknowledge that this certification is to be furnished to the State and the FHWA in connection with this agreement involving participation of Federal-aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. Project No. STPAA-2235(4) - 19 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges SECTION 26. CERTIFICATION OF CITY: After being duly sworn on oath, I Jay Vavricek , Mayor, by signing this agreement do certify that the Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certification is to be furnished to the State and FHWA in connection with this agreement involving participation of Federal-aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. SECTION 27. ALL ENCOMPASSED: This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than contained herein, and this agreement supersedes all previous communications, representations, or other agreements, either oral or written hereto. Project No. STPAA-2235(4) - 20 - Control No. 42169 South Locust St. Bridges over channels of Platte River/Northbound - two bridges IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. STATE OF ____________ ) )ss. _______________ COUNTY ) After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement for the firm. EXECUTED by the Consultant this 29 day of July, 2005. TranSystems Corporation Ray Herweg, PE __________________________________ Vice President Title______________________________ Subscribed and sworn to before me this _____ day of ________________, 2005. __________________________________ Notary Public EXECUTED by the City this _____ day of ______________________, 2005. WITNESS: THE CITY OF GRAND ISLAND, NEBRASKA ______________________________ __________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor STATE OF NEBRASKA DEPARTMENT OF ROADS James J. Knott, P.E. ___________________________________ Roadway Design Engineer ___________________________________ Date Page 1 of 3 Exhibit A 16934 Frances Street, Suite 100 · Omaha, Nebraska 68130 · Phone: (402) 895-5400 · Fax: (402) 895-3500 August 19, 2005 Steven P. Riehle, P.E. Director of Public Works Public Works Department City of Grand Island 100 East First Street, Box 1968 Grand Island, NE 68802-1968 Re: Schedule of Services for Construction Inspection South Locust Street over Channels of Platte River South of Grand Island - two bridges PROJECT NO. STPAA-2235(4) CONTROL NO. 42169 Structure No. C004004120R Structure No. C004004125R Dear Mr. Riehle: TranSystems Corporation is pleased to submit this proposal to provide construction inspection services for the City of Grand Island on the above referenced Project. This proposal details the services TranSystems proposes to perform for the City of Grand Island in connection with the Project, the pricing at which TranSystems proposes to perform these services, the schedule for completing these services and the assumptions upon which TranSystems has based this proposal. A. PROJECT DESCRIPTION This project includes construction inspection for the construction of two structures on South Locust Street, south of the City of Grand Island, in Hall County, Nebraska. Structure No. C004004120R, (bridge over Secondary South Channel of the Platte River) Structure No. C004004125R, (bridge over Middle Channel of the Platte River) B. SCHEDULE OF SERVICES BY TRANSYSTEMS In connection with the above referenced Project, TranSystems shall perform for the City of Grand Island the following described Services: 1. Attend construction meetings including: project kickoff meeting, pre-construction meeting, periodic construction meetings and significant event meetings. 2. Construction inspection of precast concrete elements during fabrication. Steven P. Riehle, P.E. City of Grand Island July 29, 2005 SCHEDULE OF SERVICES Page 2 of 3 Exhibit A Project No. STPAA-2235(4) CONTROL NO. 42169 3. Prepare Contractor change orders. 4. Prepare monthly progress reports. 5. Prepare As-Built plans upon completion of the project. 6. Approve Contractor invoices prior to payment by City. 7. Conduct final walk-through and final acceptance of completed bridges for conformance to bridge plans. C. SCHEDULE OF SERVICES PROVIDED BY SUBCONSULTANTS In connection with the above referenced Project, Kleinfelder and Tagge Engineering Consultants, Inc shall perform for the City of Grand Island the following described services per their proposal: See attached subconsultant agreements for services to be performed by subconsultants. D. APPLICABLE PUBLICATIONS 1. LRFD Specifications for Highway Bridges, (AASHTO) (2nd Edition, 2002 Interim) 2. State of Nebraska, Dept. of Roads, Standard Specifications of Highway Construction (1997) and supplemental specifications. 3. Nebraska Dept. of Roads’ Bridge Office Policies and Procedures Manual. 4. NDOR 2002 Construction Manual. E. SUBMITTALS 1. Monthly progress reports containing inspector’s field notes, photos and progress according to project schedule. 2. Final as-built bridge plans. 3. Final report from Tagge Engineering Consultants, Inc containing results of all material testing and inspection concrete, rebar and piles. 4. Final acceptance letter documenting conformance of construction to plans and specifications. F. SCHEDULE The schedule will be dependent on contractor’s project schedule and progress. G. ASSUMPTIONS This proposal and TranSystems’ agreement to perform the Services is based upon, and subject to, the following assumptions: Steven P. Riehle, P.E. City of Grand Island July 29, 2005 SCHEDULE OF SERVICES Page 3 of 3 Exhibit A Project No. STPAA-2235(4) CONTROL NO. 42169 1. The inspection hours are based on construction duration of 13 months. H. COMPENSATION As compensation for the performance of the above described Services, TranSystems will be reimbursed by the City of Grand Island for actual costs incurred plus a fixed fee. The estimated costs shown include direct expenses as shown in the cost breakdown, labor, overhead and fixed fee based on an hourly basis. The total estimated contract is $152,701.62 as shown in Exhibit “A” unless supplemental agreements are added to the contract. A detailed breakdown of the costs is included in Exhibit “A”. Invoices will be sent monthly to the City of Grand Island and will be based on the costs incurred at the time of billing. We sincerely appreciate this opportunity to work with the City of Grand Island. Please call us if you have any questions about this proposal. Sincerely yours, TRANSYSTEMS CORPORATION Samar Gogoi, PE, SE Raymond Herweg, PE Project Manager Project Principal 42169 Feature Crossing:Platte River 250'-7" & 240'-7" No. of Spans:5 & 4 Skew: Vert. and / or Horz' Alignments:Yes Alt. Design:Superstructure Type:Inverted Tee Bent Abut. Type:Widening / New:New Bridge Width (out to out): 12 18 30 8 8 8 24 8 8 8 24 130 162 292 8 16 24 24 24 48 16 16 16 16 8 12 24 44 28 196 262 24 510 Hours Rate Total 28 58.20$ 1,629.60$ 196 40.20$ 7,879.20$ 262 28.40$ 7,440.80$ 24 24.00$ 576.00$ Total 510 17,525.60$ 17,525.60$ 27,254.06$ 44,779.66$ 4,477.97$ 49,257.63$ 12,000.00$ 87,743.99$ 3,600.00$ 100.00$ 103,443.99$ 152,701.62$ Total As-Built Plans Preconstruction meeting (1) Field Trips (36) Plant Inspection (3) Significant Event Inspection (6) Shim Calculation Shop Drawing Review Project Kickoff Meeting Project Manager Pier / Bent: Project Description South Locust Street Bridges (Structure Numbers C004004120R, C004004125R) Technician Bridge Length (Abt. to Abt.): Inspection Task Consultant:TranSystems 20 degrees No Project Management (6%) Summary of Hours and Costs Inspection Tasks Totals Project Engineer Total Direct Expenses Total Fee Fixed Fee (10%) Direct Expenses Kleinfelder Fee Tagge Engineering Consultants, Inc Rental Car, Gas & Meals ($100 x 36 trips) Postage TranSystems Total Labor TranSystems Overhead Rate (155.51%) Total Labor and Overhead Total Labor, Overhead & Fixed Fee Project Name:South Locust Street Project Number:STPAA-2235(4)Control Number: Bridge Ref. Post:190.41 Technician Principal Meetings: Project Principal Project Manager Project Engineer Turn Down Exhibit A Approved as to Form ¤ ___________ August 19, 2005 ¤ City Attorney R E S O L U T I O N 2005-241 WHEREAS, the City of Grand Island intends to construct two bridges for northbound lanes over the Platte River channels on South Locust Street north of Interstate 80, referred to as Project No. STPAA-2235(4); and WHEREAS, such project will require an engineering consultant to perform all the project management, construction staking, inspecting and field testing services; and WHEREAS, the City does not have adequate personnel available to perform such construction engineering work; and WHEREAS, the Engineering Division of the Public Works Department, in coordination with the Nebraska Department of Roads (NDOR), issued a Request for Proposals (RFP) for an engineering consultant for such project; and WHEREAS, an agreement with TranSystems Corporation of Omaha, Nebraska to perform the construction engineering work has been negotiated by city staff in conjunction with the NDOR; and WHEREAS, the cost of such engineering consulting work will be at actual costs with a maximum dollar amount of $152,701.62; and WHEREAS, an agreement with TranSystems Corporation has been reviewed and approved by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Agreement with TranSystems Corporation of Omaha, Nebraska for engineering consulting work for the construction of two bridges for northbound lanes over the Platte River channels on South Locust Street north of Interstate 80, referred to as Project No. STPAA-2235(4), is hereby approved at a cost not to exceed $152,701.62. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G14 #2005-230 - Approving Agreement with Karl & Kathy Siemon for Installation of Sanitary Sewer Backup Device Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Doug Walker, City Attorney City of Grand Island City Council Council Agenda Memo From: Legal Department Meeting: August 23, 2005 Subject: Approving Agreement with Karl D. & Kathy M. Siemon on Sanitary Sewer Backups Item #’s: G-14 Presenter(s): Doug Walker, City Attorney Background The City Council must approve a resolution authorizing the Mayor to sign agreements. Discussion Karl and Kathy Siemon have experienced three sanitary sewer backups in their basement over the last several years. Wastewater Division Collection System Maintenance employees have tried numerous times to identify the cause of the backups including using television cameras, flushing and cleaning of the mains in the area, smoke testing, conducting roof drain inspections, performing storm sewer inspections, plugging manhole lid holes, etc., and have not been able to identify a cause. The Siemon’s, as well as many other homes experienced sanitary sewer backups when the sanitary sewer collection system was overloaded by the infiltration into the system from the May 11th flooding. The prior city attorney agreed that the city would pay $1,000 towards the installation of a sanitary sewer back up prevention device on their sanitary sewer service. Without that prior commitment, the city would not be obligated to compensate the Siemon’s because the backup is not due to negligence on the city’s part. The agreement being presented to the council is to honor that prior commitment by the city. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve a resolution authorizing the Mayor to sign the agreement with the Siemons. 2. Disapprove authorizing the Mayor to sign the agreement. 3. Modify to meet the wishes of the Council 4. Table the issue. Recommendation City Administration recommends that the Council approve the Resolution authorizing the Mayor to sign the agreement with the Siemons. Sample Motion Move to approve authorizing the Mayor to sign the agreement with the Siemons. AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City” and KARL D. SIEMON and KATHLEEN M. SIEMON, Husband and Wife, hereinafter collectively referred to as “Siemons”. RECITALS WHEREAS, Siemons own a home in the City of Grand Island, Nebraska, located at 254 South Kimball Avenue; and WHEREAS, the Siemons residence is connected to the City’s sanitary sewer system, and the Siemons have had sanitary sewer waste backup into their basement causing damage to their residence; and WHEREAS, the Siemons have requested that the City provide financial assistance; and WHEREAS, the City is willing to pay a pecuniary amount to Siemons for damages resulting from all sewer backups that have occurred on the Siemons property prior to the date of this agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. The City will pay One Thousand Dollars ($1,000.00) in complete settlement to the Siemons for any and all damages from all occurrences where the sewer line has backed up into their residence prior to the date of this agreement. 2. The City, in making this agreement, does not admit any liability or responsibility to the Siemons, their heirs, successors or assigns for any damages done to their residence at 254 South Kimball Avenue in the City of Grand Island, Nebraska. 3. This agreement shall constitute the entire agreement between the Buyer and Seller and shall supersede any written or oral agreements to the contrary. 4. This agreement shall be binding on the parties hereto, their heirs, successors and assigns. Attest: CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, ________________________________ By:___________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor 2 Approved as to form by City Attorney ________ Approved by Resolution 2003-________ STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2005, by Jay Vavricek, Mayor on behalf of the City of Grand Island, Nebraska, a municipal corporation. ___________________________________ Notary Public ________________________________ _________________________________ KARL D. SIEMON KATHY SIEMON STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 2005, by Karl D. Siemon and Kathy Siemon, husband and wife. ____________________________________ Notary Public Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-230 WHEREAS, Karl D. Siemon and Kathleen Siemon own the residence at 254 South Kimball Street, which is connected to the City of Grand Island sewer system; and WHEREAS, Karl D. Siemon and Kathleen Siemon have experienced sewer waste backups into their basement; and WHEREAS, the prior City Attorney agreed to compensate the Siemon's for up to $1,000 for a check ball device to help prevent future sewer backup damage; and WHEREAS, the City has prepared an Agreement to compensate the Siemon's for $1,000 toward a check ball device and in complete settlement for any and all prior occurrences and said agreement specifically states that the City does not admit any liability or responsibility for any damage done to the Siemon's residence at 254 S. Kimball Street. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the settlement agreement prepared by the City to compensate the Siemon's for $1,000 in complete settlement for all prior occurrences and for the expense of installing a check ball device to prevent sanitary sewer backup damage is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item G15 #2005-242- Approving Interlocal Agreement with Hall County Relative to Bookmobile Hall County has a 40+ year history of contracting with the Grand Island Public Library and City of Grand Island for county residents’ use of the library facilities including the Hall County Bookmobile. The agreement as negotiated and approved by the Hall County Board of Supervisors on July 26, 2005 provides for a $79,050 payment by the county to the library for these services, retroactive to July 1, 2005 and effective through June 30, 2006. Last year’ s agreement provided for a payment of $77,500. Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: City Library Meeting: August 23, 2005 Subject: Approving Interlocal Agreement with Hall County Relative to Bookmobile Item #’s: G-15 Presenter(s): Steve Fosselman, Library Director Background Hall County has a 40+ year history of contracting with the Grand Island Public Library and City of Grand Island for county residents’ use of the library facilities including the Hall County Bookmobile. A library board committee usually meets with a county board committee to negotiate a new agreement, which in some instances has been multi-year but in this instance is a single-year agreement. Discussion The agreement as negotiated and approved by the Hall County Board of Supervisors on July 26, 2005 provides for a $79,050 payment by the county to the library for these services, retroactive to July 1, 2005 and effective through June 30, 2006. Last year’s agreement provided for a payment of $77,500. Also included in the agreement is the county’s provision/maintenance of mobile data connection equipment and service to facilitate the bookmobile’s online computer functions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve this interlocal agreement. Sample Motion Motion to approve Interlocal Agreement with Hall County Relative to Bookmobile. Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-242 WHEREAS, Hall County desires to have comprehensive library services provided for the citizens and schools of Hall County; and WHEREAS, Nebraska statutes provide that the County Board of Supervisors may contract for the services of a public library already established and may levy a tax for such library service in accordance with said statutes; and WHEREAS, the Grand Island Library Board and the County of Hall intend to provide library service through the facilities of the library with the cooperation of the County of Hall; and WHEREAS, a form of Agreement has been agreed to between the Grand Island Library Board and the County of Hall. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperation Agreement by and between the Grand Island Library Board and the County of Hall, Nebraska, for library services to the residents of Hall County is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2005. _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Mark Galvan of 584 East 20th Street, Regarding Managing Girls Softball League Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item H2 Consideration of Request from Connie VanWie of 10 Kuester Lake Road, Regarding Pool Facilities Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item I1 #2005-243- Consideration of Approving 1% Increase tot he Lid Limit Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: August 23, 2005 Subject: Consideration of Approving 1% Increase to the Lid Limit. Item #’s: I-1 Presenter(s): David Springer, Finance Director Background In 1998, the Nebraska State Legislature passed LB989, which put a cap on the amount of restricted revenues a political subdivision can budget. The restricted revenues that the City of Grand Island includes in the budget are Property Taxes, Local Option Sales Tax, Motor Vehicle Tax and State Aid. Of these restricted revenues, property tax is the only revenue which the City can control. Discussion Each year political subdivisions are allowed by State Statute to raise the restricted revenue base from the prior year by 2.5%. The base may also be increased if the growth in taxable valuation is higher than the allowed 2.5%. A third way to increase the base is to have the Political Subdivision governing board (City Council) vote to increase the base by an additional 1%. The base amount is then the maximum amount of restricted revenues the City can receive. If the City is not at the base amount, the remaining amount is carried forward as unused authority. The increase in restricted funds authority using the 1% additional amount and the population growth factor is not an increase in budgeted revenues. It only provides the ability to increase restricted revenues, particularly property tax, in a future year as necessary, if council so decides. Approval of the 1% increase does not increase authorized expenditures and is prudent fiscal management. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 1% increase to the Lid Limit. 2. Disapprove or deny the 1% increase. Recommendation City Administration recommends that the Council approve the increase to the Lid Limit. Sample Motion Approve the 1% increase to the Lid Limit. Total 2004-05 Restricted Funds 18,173,213 PLUS: Unused 2004-2005 restricted Funds 1,458,489 SUBTOTAL 19,631,702 Total 2005-2006 Restricted Revenues 22,382,582 LESS Restricted Funds Budgeted For: Capital Improvements (8,497,292) Bonded Indebtedness (920,000) Interlocal Agreements (315,513) Repairs Due to Natural Disaster Judgements Refunds of Property Taxes TOTAL 2005-2006 RESTRICTED FUNDS 12,649,777 Base Limitation 2.50% Allowable Growth 1.50% Additional 1%1.00% Total Allowable % Increase 5.00% Initial Restricted Funds Limit 19,631,702 Allowable Dollar Amount Increase to Restricted Funds 981,585 Total Restricted Funds Authority 20,613,287 FY05-06 Restricted Funds 12,649,777 Unused Restricted Funds Authority 7,963,510 LID COMPUTATION FY2005-2006 Approved as to Form ¤ ___________ August 18, 2005 ¤ City Attorney R E S O L U T I O N 2005-243 WHEREAS, pursuant to Neb. Rev. Stat. §13-519, the City of Grand Island is limited to increasing its total of budgeted restricted funds to no more than the last prior year's total of budgeted restricted funds plus population growth plus two and one-half percent (2 1/2%) expressed in dollars; and WHEREAS, §13-519 authorizes the City of Grand Island to exceed the foregoing budget limit for a fiscal year by up to an additional one percent (1%) increase in budgeted restricted funds upon the affirmative vote of at least 75% of the governing body; and WHEREAS, the Annual Budget for Fiscal Year 2005-2006 and Program for Municipal Services in the Lid Computation FY 2005-2006 supported by the detail relating to restricted revenue accounts, proposes an additional increase in budgeted restricted funds of one percent (1%) as provided by the statute; and WHEREAS, approval of the additional one percent (1%) increase in budgeted restricted funds is prudent fiscal management, does not increase authorized expenditures and is in the best interests of the City of Grand Island and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that upon affirmative vote by more than 75% of the City Council, of budgeted restricted funds for Fiscal Year 2005-2006 shall be increased by an additional one percent (1%) as provided by Neb. Rev. Stat. §13-519. - - - Adopted by the City Council of the City of Grand Island, Nebraska on August 23, 2005. _____________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of August 10, 2005 through August 23,2005 The Claims for the period of August 10, 2005 through August 23, 2005 for a total amount of $3,447,356.07. A MOTION is in order. Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item X1 Discussion Concerning Personnel Issues ADJOURN TO EXECUTIVE SESSION: Discussion Concerning Personnel Issues. RETURN TO REGULAR SESSION: Tuesday, August 23, 2005 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council