04-20-2010 City Council Special Meeting PacketCity of Grand Island
Tuesday, April 20, 2010
Special Meeting Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Jeff Pederson
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Larry Carney
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Jose Zapata
Call to OrderCity of Grand Island City Council
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.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item I1
#2010-112 - Approving Agreement for Construction Engineering
Consulting Services for the Construction of the Northbound Lanes
on South Locust Street North of I-80
Tuesday, April 20, 2010
Special Meeting
City of Grand Island
Staff Contact: Steve Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: April 20, 2010
Subject: Approving Agreement for Construction Engineering
Consult ing Services for the Construction of the
Northbound Lanes on South Locust Street North of I-80
Item #’s: I-1
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Nebraska Department of Roads (NDOR) and the City of Grand Island entered into a
program agreement, which was executed by the City on June 14, 2007 and by the State
on June 19, 2007, The agreement provided for the paving of the northbound lanes on
South Locust Street from north of Interstate 80 to Grand Island.
The program agreement was amended at the December 1, 2009 council meeting to allow
for federal stimulus funds to be used toward the construction phase of the project. The
amendment also updated the estimated project cost and moved the bid letting
responsibilities to the NDOR. The costs for the construction contract, construction
engineering services, Responsible Charge, NDOR construction administration and
materials testing are being covered by stimulus funding under the American Recovery
and Reinvestment Act (ARRA).
The City Council concurred at the March 23, 2010 meeting in awarding the bid to Upper
Plains Contracting, Inc. of Aberdeen, South Dakota. The next step in moving the project
forward is the hiring of a consultant to perform Construction Engineering CE) services
for the project.
Discussion
Following the Local Public Agencies (LPA) Manual, the Responsible Charge (RC) can
make the determination of the need for a consultant for the Construction Engineering
(CE) services on a Federal-Aid project. A consultant must be selected through a
Qualification Based Selection (QBS) process in accordance with chapter four of the LPA
Manual and federal regulations administered by the Federal Highway Administration
(FHWA). The NDOR performed a QBS process and selected twelve on-call consultants
for LPA's to use for CE services. The NDOR executed master agreements with each of
these consultants. A copy of the NDOR master agreement is included for reference. The
LPA enters into an agreement for CE services with one of these twelve consultants as a
task order under the NDOR’s master agreement with the consultant. A copy of the task
order agreement for this project, which is being prepared by the NDOR, will be provided
at tonight's council meeting. Work performed under the task order agreement will be
performed at actual costs with a maximum dollar amount provided at tonight's meeting.
It's not included with this memo as NDOR is still preparing the agreement and the
agreement has not been approved by the Federal Highway Administration.
The consultant selection process could not begin until after bids were opened. The item is
being brought to council in an effort to move the project forward as quikly as possible.
The consultant selection procedures to enter into an agreement with one of the on-call CE
consultants has three (3) phases.
· - Phase 1 is the development of a Scope Of Services (SOS) and Independent Cost
Estimate (ICE).
· - Phase 2 is the consultant selection process.
· - Phase 3 is the process of negotiationg the SOS and the fee for the services with
the selected and NDOR/FHWA approved consultant.
As Public Works Director/City Engineer and the Responsible Charge individual for
federal funded transportation projects, Steve Riehle prepared the SOS & ICE after the
construction bids were opened. The NDOR approved the SOS & ICE on April 7th, 2010
allowing the City to move forward with reviewing all twelve consultant proposals. Steve
Riehle, Public Works Director; Ron Underwood, Civil Engineering Manager; and Tom
Carlson, Engineering Technician Supervisor evaluated and scored each proposal from the
twelve consultants using selection procedures established by the NDOR. The NDOR and
FHWA reviewed the evaluations and scores and authorized the city to proceed to
negotiate with Olsson Associates on the scope of services and fees of a CE agreement on
Monday, April 12th, 2010. The negotiated scope and fees were forwarded to the NDOR
on Friday, April 16th, 2010.
It is anticipated that the NDOR and FHWA will approve the negotiated scope and fees
for CE services on Tuesday, April 20th, 2010. The NDOR will prepare a task agreement
for execution by the city and the consultant. The cost for CE services will be 100% paid
for with ARRA funds. The contractor is anxious to begin construction on this project and
approval of the agreement for CE services will facilitate an early start for the project.
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
Public Works Administration recommends that the Council approve the agreement
prepared by the NDOR for CE services with Olsson Associates of Grand Island,
Nebraska as a task order under the NDOR’s master agreement.
Sample Motion
Move to approve the agreement.
MASTER AGREEMENT
(1)
NEBRASKA DEPARTMENT OF ROADS
ON-CALL CONSTRUCTION ENGINEERING SERVICES – LOCAL PROJECTS
THIS AGREEMENT, entered into by and between the Nebraska Department of Roads,
hereinafter referred to as the "State", and (1), hereinafter referred to as the "Consultant".
WITNESSETH:
WHEREAS, State is authorized by state law to assist Nebraska Local Public Agencies,
hereinafter referred to as LPA or LPAs, with obtaining and expending federal funds for local
transportation projects, and
WHEREAS, State is presently assisting numerous LPAs in the development of
Federal-Aid LPA transportation projects for local streets, roads and facilities, and
WHEREAS, LPAs may require assistance in the form of consultant engineering
services to complete the necessary construction engineering services for these LPA Federal-
Aid projects (these construction engineering services will hereinafter be referred to as
“Services”), and
WHEREAS, the State used a qualification based selection process to select the
Consultant to be one of several on-call consultants for a two (2) year time period ending
December 31, 2011, to provide Services on LPA Federal-Aid projects, and
WHEREAS, the State will, upon execution of this Master Agreement, place Consultant’s
name on the list of qualified on-call consultants from which LPAs may select a consultant to
perform Services for a project, and
WHEREAS, this contract will result in a minimum of $20,000 in fees to Consultant for
Services provided under Task Order(s); the actual amount of fees will depend on the need,
funding availability and other circumstances, and
WHEREAS, an LPA with a need for consultant Services will select, with the assistance
of the State, a consultant from the on-call consultant list in accordance with “LPA Consultant
Selection Procedure” attached hereto as Exhibit “A”, and hereby made a part of this Master
Agreement, and
WHEREAS, when Consultant is selected to provide Services under this Master
Agreement, a task order agreement (hereinafter referred to as “Task Order”) between the LPA
and Consultant will be prepared incorporating the provisions of this Master Agreement, and
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WHEREAS, the names of the Consultant’s employees who will perform the Services
and specific pay and reimbursement rates that apply to Services arising out of this contract are
set out in Exhibit “B”, attached hereto and made a part of this Master Agreement, and
WHEREAS, the parties will provide in this Master Agreement that the labor rates set out
herein will apply to any Task Order issued during the first year of this Master Agreement, and
will provide for future changes to listed personnel and labor rates, and
WHEREAS, prior to the expiration of this Master Agreement, the State, in its discretion,
may extend this Master Agreement two (2) years, and
WHEREAS, the Consultant is qualified to do business in Nebraska and has met all
requirements of the Nebraska Board of Engineers and Architects to provide consultant
engineering services in the State of Nebraska, and
WHEREAS, the Consultant is required to use Trans*Port Site Manager as the
construction record-keeping system for Services under this contract, and
WHEREAS, Consultant is willing to perform Services in accordance with the terms
hereinafter provided, is presently in compliance with Nebraska law, and hereby agrees to
comply with the LPA Manual, and all federal, state, and local laws and ordinances applicable
to this contract.
NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows:
SECTION 1. DEFINITIONS
Wherever in this Master Agreement the following terms are used, they will have the
following meaning:
"CONSULTANT" means (1) and any employees thereof, whose business and mailing
address is (2), and
“SUBCONSULTANT/SUBCONTRACTOR” means the firm of _______________,
whose business and mailing address is ____________________.
“LPA” means a Local Public Agency. Local Public Agencies include, but are not
necessarily limited to; Nebraska Cities, Villages, Counties, Political Subdivisions, Native
American Tribes, and other entities or organizations found to be eligible sub recipients of
federal funds for transportation projects, and
“LPA MANUAL” shall mean the Nebraska Department of Roads’ LPA Guidelines Manual
for Federal-Aid Projects, and
“RESPONSIBLE CHARGE” or “RC” shall mean LPA’s representative for the project
whose duties and responsibilities are identified in federal law and in the LPA Manual, and
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"STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, its Director,
or authorized representative. The State represents the United States Department of
Transportation on federally funded transportation projects sponsored by a sub recipient of
federal funds and any reference to the "State" in this Master Agreement shall mean the State
on behalf of the United States Department of Transportation.
"FHWA" means the Federal Highway Administration, United States Department of
Transportation, Washington, D.C. 20590, acting through its authorized representatives.
"DOT" means the United States Department of Transportation, Washington, D.C. 20590,
acting through its authorized representatives.
"STATE REPRESENTATIVE" means an employee of the State assigned by the State to
observe whether the LPA’s project meets the eligibility requirements for federal funding and to
provide technical assistance when requested by the LPA, in LPAs efforts to comply with
requirements for Federal-aid funded local projects.
To "ABANDON" the Master Agreement means that the State has determined that
conditions or intentions as originally existed have changed and that the Master Agreement as
contemplated herein is to be renounced and deserted for as long in the future as can be
foreseen.
To "SUSPEND" the Master Agreement means that the State has determined that the
conditions or intentions as originally existed have changed and that the Master Agreement as
contemplated herein should be stopped on a temporary basis. This cessation will prevail until
the State determines to abandon or terminate the Master Agreement or to reinstate it under
the conditions as defined in this Master Agreement.
To "TERMINATE" or the "TERMINATION" of this Master Agreement is the cessation or
quitting of this Master Agreement based upon action or failure of action on the part of the
Consultant as defined herein and as determined by the State.
A “TASK ORDER” is a separate agreement between an LPA and Consultant for Services
on a specific project, incorporating the terms of this Master Agreement.
SECTION 2. PROJECT TASK ORDER
The terms and conditions of this Master Agreement shall apply to each project for
which the Consultant is selected by an LPA to provide Services. Each project the Consultant
provides Services for an LPA hereunder shall be initiated by a “Task Order.” Each properly
executed Task Order will result in an agreement between an LPA and Consultant incorporating
the terms of this Master Agreement.
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SECTION 3. PURPOSE OF THE MASTER AGREEMENT
The purpose of this Master Agreement is to contract with Consultant to provide
construction engineering services under Task Orders issued by LPAs.
The construction engineering services include, but are not limited to, project
management, construction engineering, pre-construction staking, conducting the
preconstruction conference, staking and inspection during project construction, monitoring
environmental commitments, preparing as-built plans, progress computations, final
computations, and preparing contractor change orders. The required construction engineering
services are further defined in each Task Order.
It is expected that the Task Orders will include, but not be limited to, the following or
similar scope of work language:
• Consultant shall review and have a working knowledge of the project plans, special
provisions, standard specifications, and all other project related contract documents for
the construction of LPA’s Federal-Aid project. Additionally, Consultant shall review and
have a working knowledge of the Nebraska Department of Roads’ Construction
Manual, Materials Sampling Guide and the LPA Manual. Consultant shall employ a
sufficient number of qualified employees on the project to adequately observe, monitor,
inspect, measure and report so that the project is constructed by the contractor in
compliance with the plans, special provisions, standard specifications, other applicable
project contract documents, State and Federal law, as well as the Department of
Roads’ Construction Manual, the Materials Sampling Guide, and the LPA Manual
Consultant shall fulfill all contract duties of inspection, project management and
construction engineering for the project and shall communicate regularly about the
progress of the construction with the project owner, through the RC, and, when
appropriate for federal funding or eligibility issues, the State representative.
• The Consultant shall visit the project site when appropriate for the state of construction
to inspect, observe, monitor, measure and report on the progress of the work or as
otherwise specifically agreed to by the LPA.
• The parties understand that the Consultant is not responsible for the Contractor’s
means and methods of construction. To the extent the construction documents specify
sequencing of work, equipment requirements, or other construction methods, the
Consultant shall keep the Owner’s RC informed about the progress and quality of the
portion of the work and shall advise the RC about observed deficiencies in the work.
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Over the two year term of this Master Agreement ending December 31, 2011, LPAs will
negotiate and issue to the Consultant a minimum of $20,000 in Task Orders to provide
Services. The Consultant understands that the State does not promise any fees in excess of
the $20,000 minimum.
SECTION 4. CHANGES TO LISTED PERSONNEL AND LABOR RATES
The Consultant has furnished a list of personnel, attached hereto as EXHIBIT “B”, by
work classification and associated hourly pay or labor rates. The personnel and the hourly
labor rates listed in EXHIBIT “B” will be used for all Task Orders with LPAs. Personnel who
are added to Exhibit “B” as replacements must be persons of comparable training, experience,
and labor rate. Personnel added to Exhibit “B” as new personnel and not replacements must
be qualified to perform the intended work.
The State has identified key personnel of Consultant on “EXHIBIT “B”. Key personnel
must be directly involved in the work on Task Orders that arise out of this Master Agreement.
Any deviation from or revision of the list of key personnel identified on EXHIBIT “B”, must
receive prior written approval of the State. Written approval may be by letter or e-mail from the
State’s Agreements Engineer. Failure on the part of the Consultant to provide acceptable
replacement personnel or qualified new personnel as determined by the State will be cause for
termination of this Master Agreement, with settlement to be made as provided in the CHANGE
OF PLAN, ABANDONMENT, SUSPENSION, AND TERMINATION Section of this Master
Agreement.
For each Task Order, the Consultant must identify the primary team members from
Exhibit “B”, attached to each Task Order as a separate exhibit, who will be directly responsible
for carrying out the duties in the Task Order, and will identify the role of each team member for
the project. Occasional, temporary changes to the team are allowed. However, any
permanent change to the team will require written approval by the LPA and the State.
Changes To Labor Rates
The labor rates set out on Exhibit “B” shall be used in any Task Order executed within
one (1) year of the execution of this Master Agreement. At the end of the first year of
enforcement of this Master Agreement, the Consultant shall submit to the State in writing any
requested changes to the labor rates set out in Exhibit “B” or a document stating that no
changes are requested. The State shall review the requested changes and may approve
properly justified, reasonable labor rate changes. Failure to reach agreement, in good faith, on
labor rate adjustments shall be a basis for State to terminate this Master Agreement, with no
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further requirements to provide the Consultant with the minimum costs under this Master
Agreement. The agreed labor rates will be set out in a supplemental agreement between the
parties.
The labor rates invoiced by the consultant will be verified through the audit process.
SECTION 5. NEW EMPLOYEE WORK ELIGIBILITY STATUS
The Consultant agrees to use a federal immigration verification system to determine
the work eligibility status of new employees physically performing services within the State of
Nebraska. The Consultant hereby agrees to contractually require any subconsultants to use a
federal immigration verification system to determine the work eligibility status of new
employees physically performing services within the State of Nebraska. A federal immigration
verification system means the electronic verification of the work authorization program
authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8
U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by
the United States Department of Homeland Security or other federal agency authorized to
verify the work eligibility status of a newly hired employee.
The undersigned duly authorized representative of the Consultant, by signing this
agreement, hereby attests to the truth of the following certifications, and agrees as follows:
Neb.Rev.Stat. § 4-114. I certify compliance with the provisions of Section 4-114 and,
hereby certify that this Consultant shall register with and use a federal immigration verification
system to determine the work eligibility status of new employees physically performing
services within the State of Nebraska. I agree to require all subconsultants, by contractual
agreement, to require the same registration and verification process.
If the Consultant is an individual or sole proprietorship, the following applies:
1. The Consultant must complete the United States Citizenship Attestation form,
available on the Department of Roads website at www.dor.state.ne.us.
2. If the Consultant indicates on such Attestation form that he or she is a
qualified alien, the Consultant agrees to provide the US Citizenship and
Immigration Services documentation required to verify the Consultant lawful
presence in the United States using the Systematic Alien Verification for
Entitlements (SAVE) Program.
3. The Consultant understands and agrees that lawful presence in the United
States is required and the Consultant may be disqualified or the contract
terminated if such lawful presence cannot be verified as required by Neb.
Rev. Stat. §4-108.
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SECTION 6: CONFLICT OF INTEREST
The Consultant shall review the conflict of interest provisions of 23 C.F.R 1.33 and any
other applicable provisions and agrees to comply with all the conflict of interest provisions in
order for the project to remain fully eligible for state or federal funding. By signing this Master
Agreement, the Consultant certifies that it has no financial or other personal interests in this
project or the outcome of this project. For further federal interpretation of these provisions, see
“PE/CE Consultant Conflict of Interest Frequently Asked Questions” located on the State’s
Local Federal Aid Projects’ Frequently Asked Questions webpage:
http://www.transportation.nebraska.gov/gov-aff/faq.html
The State reserves the right to not approve a Task Order if the Consultant or any of the
subconsultants:
• Serves as an employee of that LPA
• Is an elected official of that LPA
• Is a designated engineer or administrator of that LPA
The State reserves the right to not approve a Task Order if the Consultant or any of the
subconsultants had previously provided any of the following types of services for that project:
• Feasibility Study
• Preliminary Design Services
• Environmental Services, such as wetland delineation
• Preparation of NEPA Documents
• Final Design Services
The Consultant may request to add or substitute a different subconsultant to their team
in the event that one of their existing subconsultants is determined to have a conflict of interest
situation. These requests will be considered on a case by case basis and must be approved
by the State.
SECTION 7. COMPENSATION
The total minimum compensation of all Task Orders authorized under this Master
Agreement shall be $20,000 and may be more than $20,000 depending upon the need for
services, availability of funds and the allocation of work among the selected consultants,
except as provided in the CHANGE OF PLAN, ABANDONMENT, SUSPENSION AND
TERMINATION Section of this agreement. The parties understand that the amount of work to
be assigned to each consultant is unknown. As work becomes necessary for LPAs, as funds
are available, and as work is allocated to consultants, the State and Consultant will cooperate
in determining the ability of the Consultant to complete service contracts in excess of the
minimum.
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The following requirements will apply to each Task Order with the LPA:
For performance of Services under the terms of this Master Agreement, the Consultant
will be paid actual cost plus a fixed fee as authorized for each specific Task Order, subject to
all requirements and limitations of the federal cost principles contained in the Federal
Acquisition Regulation (48 CFR 31).
A. The Consultant shall not receive reimbursement for any costs incurred by the
Consultant prior to the Notice-to-Proceed date or after the completion deadline
date stated in the Task Orders with the LPA.
B. The fixed-fee is computed upon the direct labor or wage costs, indirect labor
costs, indirect non-labor costs, and direct payroll additives. The fixed-fee is not
allowable upon direct non-labor costs.
C. Actual costs include direct labor costs, direct non-labor costs, and overhead costs.
(1) Direct Labor Costs are the earnings that individuals receive for the time they
are working directly on the project.
(a) Hourly Rates: The hourly rates to be used in Task Orders that arise
out of this Master Agreement, shall be the rates set out in Exhibit “B”.
Annual adjustments: The hourly rates and personnel list for this
Master Agreement may be reviewed and adjusted annually beginning
one (1) year after full execution of this Master Agreement.
Adjustment to the hourly rates and personnel list will be accomplished
by a supplemental agreement to this Master Agreement. These
adjusted rates and personnel lists shall be used for future Task
Orders but shall not be used to amend previously executed Task
Orders.
(b) Time records: The time charged to the project must be supported by
adequate 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.
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(2) Direct Non-Labor Costs; charges in this category include actual allowable
expenses for personnel away from their base of permanent assignment,
communication costs, document reproduction and printing costs, computer
charges, special equipment and materials required for the project, special
insurance premiums if required solely for this Master Agreement, and such
other similar items.
A non-labor cost cannot be charged as a direct cost and also be
included in the Consultant’s overhead rate. If, for reasons of practicality, the
consultant is treating a direct non-labor cost category, in its entirely, as an
overhead cost, then costs from that category are not eligible to be billed to this
project as a direct expense.
Payment for eligible direct non-salary costs must be made on receipted
invoices whenever possible, or on certified billings of the Consultant. For
purposes of standardization on this Master Agreement, the following expenses
will be reimbursed at actual costs, not to exceed the rates as shown below.
* The reimbursement for automobile and survey vehicle mileage shall be
the prevailing standard rate as established by the Internal Revenue Services
through its Revenue Procedures.
* Company Automobile Currently 50 cents per mile
* Company Survey Vehicle Currently 52.5 cents per mile (2.5 cents
above Company Automobile)
Privately Owned Vehicle Actual costs, not to exceed rates shown
for company vehicles outlined above
Automobile Rental Actual reasonable cost
Air fare Actual reasonable cost, giving the State
all discounts
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Lodging Actual cost, (excluding taxes and fees),
not to exceed
$70.00 per person daily everywhere but
Omaha and Lincoln
$90.00 per person daily for Omaha
and Lincoln
Meals Actual cost, not to exceed
Statewide Omaha and Lincoln
Breakfast $ 7.00 $ 9.00
Lunch 12.00 14.00
Dinner 20.00 26.00
Totals $39.00 $49.00 (Includes tax
and gratuity
For the Consultant and its employees to be eligible for the meal allowance,
the following criteria must be met.
Breakfast: (a) Employee is required to depart at or before
6:30 a.m., or
(b) Employee is on overnight travel.
Lunch: (a) Employee must be on overnight travel. No
reimbursement for same day travel.
(b) Employee is required to leave for overnight travel
at or before 11:00 a.m., or
(c) Employee returns from overnight travel at or after
2:00 p.m.
Dinner: (a) Employee returns from overnight travel or work
location at or after 7:00 p.m., or
(b) Employee is on overnight travel.
Meals are not eligible for reimbursement if the employee eats
within 20 miles of the headquarters town of the employee.
The Consultant, at the State's discretion, may be required to provide the
State with meal receipts, and shall note the actual costs in a daily diary,
expense report, or on the individual's time report along with the time of
departure to the project and time of return to the headquarters town. The
total daily meal costs must not exceed $39.00 per person statewide and
$49.00 per person in Omaha and Lincoln (includes tax and gratuity).
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(3) Overhead Costs include indirect labor costs, indirect non-labor costs, and
direct labor 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. When an audit is performed by the State at
the completion of the work, the actual allowable overhead rate for the year
the project labor was incurred will be applied to the direct labor costs for that
year. If a particular year’s actual overhead has not yet been computed or
approved by the State, the most recent years accepted rate will be applied.
The audit may result in additional funds due the Consultant or a cost due
from the Consultant to the State.
D. The Consultant shall submit invoices to the LPA at minimum of monthly intervals and in
accordance with the “LPA Procedure for Processing Invoices” located on the State’s
webpage at: www.transportation.nebraska.gov/gov-aff/downloads.htm. The invoices
must present actual direct labor, actual overhead, and actual direct non-labor costs, as
well as the fixed-fee based upon the actual direct labor and overhead costs billed for that
period. The invoices must identify the hours worked and each individual's actual labor
cost. Direct non-labor expenses must be itemized and provide a complete description of
each item billed.
Each monthly invoice must be substantiated by a progress report which outlines
the work completed for that period and work anticipated for the next pay period. If the
Consultant does not submit a monthly invoice, it shall submit its progress report monthly.
Monthly invoices must include a completed “Cost Breakdown Form”. This form is located
on the State’s webpage at www.nebraskatransportation.org/rfp .
The State 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 LPA and State
determine that the work is satisfactory.
The fixed-fee amount on the final invoice should be the difference between 100
percent of the agreed-upon fee and the total amount previously billed. Upon
determination that the work was adequately substantiated and satisfactory, the
Consultant shall be paid 100% of actual cost and 90% of the fixed fee, with 10%
retention held. The final 10% of the fixed fee will be paid upon completion of the work,
acceptance by the LPA and State and a final audit of all invoiced amounts has been
completed by the State or its authorized representative.
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The acceptance by the Consultant of the final payment for each Task Order will
constitute and operate as a release to the LPA and State 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 Master Agreement or any
part thereof. The Consultant agrees to reimburse the State for any overpayments
discovered by the State or its authorized representative.
E. The Consultant shall 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 Master Agreement period and
for three years from the date of final payment under each Task Order between an LPA
and Consultant. Such materials must be available for inspection by the State, LPA,
FHWA, or any authorized representative of the federal government, and when requested,
the Consultant shall furnish copies.
SECTION 8. PROFESSIONAL PERFORMANCE
The Consultant understands that the State in this Master Agreement and the LPA in any
Task Order will rely on the professional training, experience, performance and ability of the
Consultant. Examination by the LPA, State, or FHWA, or acceptance or use of, or
acquiescence in the Consultant’s work product, will not be considered to be a full and
comprehensive examination and will not be considered approval of the Consultant’s work
product which would relieve the Consultant from 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 Master Agreement and any Task Order
issued by an LPA. The Consultant further understands that acceptance or approval of any of
the work of the Consultant by the LPA or State or of payment, partial or final, will not constitute
a waiver of any rights of the LPA or State to recover from the Consultant, damages that are
caused by the Consultant due to error, omission, or negligence of the Consultant in its work.
That further, if due to error, omission, or negligence of the Consultant, the work product of the
Consultant is found to be in error or there are omissions therein revealed during or after the
construction of the project and revision, reconsideration or reworking of the Consultant’s work
product is necessary, the Consultant shall make such revisions without expense to the LPA or
State. The Consultant shall respond to the notice of any errors, omissions or negligence within
24 hours and give immediate attention to necessary corrections. If the Consultant discovers
errors in its work, it shall notify the LPA and State of the errors within 24 hours. Failure of the
Consultant to notify the LPA or State will constitute a breach of this Master Agreement.
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SECTION 9. CHANGE OF PLAN, ABANDONMENT, SUSPENSION, AND TERMINATION
The State has the absolute right to abandon, suspend or terminate the Master
Agreement or to change the general scope of work at any time and such action on its part will
in no event be deemed a breach of Master Agreement. The State will give the Consultant
seven days written notice of such abandonment, suspension, or termination.
If the State abandons, suspends or terminates the Master Agreement, the Consultant
will be removed from the list of selected consultants for work under this contract. In the event
the Master Agreement is terminated for cause, State is not required to provide the Consultant
with the minimum amount of fees under this Master Agreement.
It is expected that the Task Orders will include, but not be limited to, the following or
similar language:
• Additions to the scope of services for a Task Order between an LPA and
Consultant require the approval of the State and negotiation of a supplemental
agreement to the Task Order. For any work requested by the LPA beyond the
negotiated scope of services, the Consultant shall document that the requested
work is beyond the negotiated scope of services, estimate the cost to complete
the work, negotiate the additional fee, and execute a supplemental agreement
with the LPA before the Consultant begins the additional work. In the event the
additional work is time critical, the LPA may, with the approval of the State,
instruct the Consultant in writing to begin the additional work following the
negotiations and prior to the full execution of the supplemental agreement. Any
work beyond the negotiated scope of services performed by the Consultant prior
to written approval of the LPA will be performed at the expense of the Consultant.
The terms of abandonment, suspension or termination of Task Orders with LPAs will be
addressed in each Task Order.
SECTION 10. 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 for the Consultant, to solicit or secure this
agreement, and that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement. For
breach or violation of this warranty, the State has the right to 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, commission, percentage, brokerage fee, gift, or contingent
fee.
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SECTION 11. NON-RAIDING CLAUSE
The Consultant shall not engage the services of any person or persons presently in the
employ of the State for work covered by this agreement without the prior written consent of the
employer of the persons.
SECTION 12. GENERAL COMPLIANCE WITH LAWS
The Consultant hereby agrees to comply with all federal, state, and local laws and
ordinances applicable to the work in effect at the time of the work.
SECTION 13. DISPUTES
Any dispute concerning a question of fact in connection with the work not disposed of by
this agreement will be referred for determination to the Director - State Engineer or a duly
authorized representative, whose decision in the matter will be final and conclusive on the
parties to this agreement.
SECTION 14. RESPONSIBILITY FOR CLAIMS AND LIABILITY (INSURANCE)
The Consultant agrees to save harmless the State from all claims and liability due to the
error, omission or negligence of the Consultant or those of the Consultant's agents or
employees in the performance of work under this agreement. In this connection, the
Consultant shall for the life of this agreement, carry insurance as outlined in Exhibit “C” and
attached hereto, and hereby made a part of this agreement.
SECTION 15. PROFESSIONAL REGISTRATION
If applicable, the Consultant shall affix the seal of a registered professional engineer or
architect licensed to practice in the State of Nebraska, on all plans, documents, and
specifications prepared under this agreement as required by the Nebraska Engineers and
Architects Regulations Act, Neb.Rev.Stat. 81-3401 et.seq.
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 an acceptable and current drug-free workplace policy on file
with the State.
SECTION 18. FAIR EMPLOYMENT PRACTICES ACT
The Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as
provided by Neb.Rev.Stat. 48-1101 through 48-1126, which is hereby made a part of and
included in this agreement by reference.
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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
The Consultant shall ensure that disadvantaged business enterprises, as defined in
49 CFR 26, have the maximum opportunity to compete for and participate in the performance
of subagreements 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 included in this agreement by reference.
The Consultant shall not discriminate on the basis of race, color, sex, or national origin
in the award and performance of FHWA-assisted contracts. Failure of the Consultant to carry
out the requirements set forth above will constitute a breach of this agreement and, after the
notification of the FHWA, may result in termination of this agreement by the State or such
remedy as the State deems appropriate.
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 Subagreements, 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
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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 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.
F. Incorporation of Provisions: The Consultant shall include the provisions of
paragraphs 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.
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SECTION 22. CONSULTANT CERTIFICATIONS
The undersigned duly authorized representatives of the Consultant, by signing this
agreement, hereby swears, under the penalty of law, the truth of the following certifications,
and agrees as follows:
A. Neb.Rev.Stat. § 81-1715(1). I certify compliance with the provisions of Section 81-
1715 and, to the extent that this contract is a lump sum or actual cost-plus-a-fixed fee
professional service contract, I hereby certify that wage rates and other factual unit
costs supporting the fees in this agreement are accurate, complete, and current as of
the date of this agreement. I agree that the original contract price and any additions
thereto shall be adjusted to exclude any significant sums by which the State
determines the contract price had been increased due to inaccurate, incomplete, or
noncurrent wage rates and other factual unit costs. Neb.Rev.Stat. §§ 81-1701 through
81-1721.
B. Neb. Rev. Stat. §§ 81-1717 and 1718. I hereby certify compliance with the provisions
of Sections 81-1717 and 1718 and, 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:
1. 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
2. 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
3. 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).
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C. Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions. Section C1 below contains 10
instructions that consultant agrees to follow in making the certifications contained in
C2.
1. Instructions for Certification
a. By signing this agreement, the Consultant is providing the certification
set out below.
b. 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 State's determination whether to
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.
c. The certification in this clause is a material representation of fact upon
which reliance was placed when the State 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 State may terminate this
agreement for cause or default.
d. The Consultant shall provide immediate written notice to the State if at
any time the Consultant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed
circumstances.
e. 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.
f. 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
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transaction, unless authorized by the State before entering into this
agreement.
g. The Consultant further agrees to include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction," provided by the State
without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
h. 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.
i. 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.
j. Except for transactions authorized under paragraph (f) 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 State may terminate this agreement for
cause or default.
2. Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
a. By signing this agreement, the Consultant certifies to the best of its
knowledge and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or agency;
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ii. 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;
iii. 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.(ii) of this certification; and
iv. 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.
SECTION 23. NEBRASKA DEPARTMENT OF ROADS CERTIFICATION
By signing this agreement, I, Jim Wilkinson, do hereby certify that, to the best of my
knowledge, 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 FHWA, upon their request,
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 24. 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 or contracts, either oral or
written hereto.
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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.
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 ___ day of _________________, 2010.
(1)
(4)
________________________________
(5)
STATE OF (6))
)ss.
(7) COUNTY)
Subscribed and sworn to before me this ________ day of __________, 2010.
________________________________
Notary Public
EXECUTED by the State this _____ day of ____________________, 2010.
NEBRASKA DEPARTMENT OF ROADS
Jim Wilkinson, P.E.
________________________________
Local Projects Engineer
AGRS
Approved as to Form ¤ ___________
April 16, 2010 ¤ City Attorney
R E S O L U T I O N 2010-112
WHEREAS, the Nebraska Department of Roads (NDOR) performed a Qualification
Based Selection (QBS) process and selected twelve on-call Construction Engineering (CE)
consultants to provide services for Local Public Agencies (LPA); and
WHEREAS, the LPA may contract CE services with one of these twelve consultants
as a task order under the NDOR’s master agreement with the consultant; and
WHEREAS, the twelve consultants were evaluated and scored by City Staff; and
WHEREAS, Olsson Associates of Grand Island, Nebraska was selected for such
work; and
WHEREAS, a Scope of Services and cost for such work was negotiated with Olsson
Associates; and
WHEREAS, work under the agreement will be performed at actual costs with the
dollar amount not to exceed $__________(amount to be inserted).
WHEREAS, the NDOR and the Federal Highway Administration (FHWA) have
concurred with the selection, scope of services and cost estimate; and
WHEREAS, the NDOR has prepared a task order agreement for the CE work to be
performed under a master agreement between the NDOR and Olsson Associates; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Olsson Associates of Grand
Island for CE services for the construction of the northbound lanes on South Locust Street north of I-
80 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.
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Adopted by the City Council of the City of Grand Island, Nebraska on April 20, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2010-113 - Consideration of Request from Grand Island Public
School to Temporarily Close College Street between Custer
Avenue and Lafayette Avenue for Traffic Diversion Study
Tuesday, April 20, 2010
Special Meeting
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: April 20, 2010
Subject: Approving Resolution to Allow Temporary Closure of
College Street From Custer Avenue to Lafayette Avenue
Item #’s: I-2
Presenter(s): Steven P. Riehle, Public Works Director
Background
At the February 2, 2010 Study Session the City Council discussed the closure of College
Street through the Grand Island Senior High campus. In order to complete a traffic
impact study the school administration requested a temporary closure of College Street
from Custer Avenue to Lafayette Avenue. Olsson Associates has been hired by the school
system to perform the study.
Discussion
On April 6, 2010 the first phase of the traffic study was completed with traffic &
intersection counts being taken for the morning & afternoon/evening peak times. During
this time traffic flow observations were also made.
The proposed temporary closure would begin on Wednesday, April 21, 2010 and could
extend to May 28, 2010, depending on scenarios that have to be evaluated. During this
timeframe the next traffic & intersection counts with traffic observations would be made.
Impact to traffic and public safety response will be monitored during the temporary
closure with mitigation measures implemented as needed. Representatives from the
school system and Olsson Associates will present details of the traffic study to the
Council.
The information gathered while College Street was opened on April 6, 2010 and during
the time it will be temporarily closed will be summarized into a report and be presented
to Council this summer.
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
Public Works Administration recommends that the Council approve the temporary
closure of College Street from Custer Avenue to Lafayette Avenue for traffic study.
Sample Motion
Move to approve the temporary closure of College Street from Custer Avenue to
Lafayette Avenue for traffic study.
Approved as to Form ¤ ___________
April 16, 2010 ¤ City Attorney
R E S O L U T I O N 2010-113
WHEREAS, at the February 2, 2010 Study Session City Council discussed the closure of
College Street from Custer Avenue to Lafayette Avenue, through the Grand Island Senior High campus;
and
WHEREAS, school administration has requested a temporary closure of College Street
from Custer Avenue to Lafayette Avenue to complete a traffic study; and
WHEREAS, Olsson Associates has been hired by the school system to complete such
traffic study; and
WHEREAS, the temporary closure will begin on April 21, 2010 and could extend to May
28, 2010; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the temporary closure of College Street from
Custer Avenue to Lafayette Avenue for traffic study, from April 21, 2010 to May 28, 2010 is hereby
approved.
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Adopted by the City Council of the City of Grand Island, Nebraska, April 20, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk