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11-13-2012 City Council Regular Meeting Packet City of Grand Island Tuesday, November 13, 2012 Council Session Packet City Council: Larry Carney Linna Dee Donaldson Scott Dugan Vaughn Minton John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East First Street Grand Island Council Session - 11/13/2012 Page 1 / 252 City of Grand Island Tuesday, November 13, 2012 Call to Order 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. Invocation - Pastor Terry Brandenburg, Peace Lutheran Church, 1710 N. North Road 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. Grand Island Council Session - 11/13/2012 Page 2 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item C1 Presentation of the “Mayor’s Builder Award” to Grand Island Area Habitat for Humanity Since so many great efforts occur in our community and many unnoticed, it's important to recognize efforts that build a stronger Grand Island. As Mayor, the City will recognize those efforts with a "Mayor's Builder Award" Recognition and appearance before council and the people of Grand Island. The sixth Builders' Award will go to Grand Island Area Habitat for Humanity. Executive Director Dana Jelinek will be present for the recognition. Grand Island Area Habitat for Humanity will be recognized as a Builder of a Better Grand Island. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 11/13/2012 Page 3 / 252 Grand Island Council Session - 11/13/2012 Page 4 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item C2 Proclamation "National Adoption Month" November, 2012 There are an estimated 100,000 children in the United States in the foster care system, some of which live in Grand Island. By December 2012, twenty-one children in Grand Island, Hall County who are in foster care will finalize adoption. Mayor Vavricek has proclaimed the month of November, 2012 as "National Adoption Month" and would encourage citizens to help secure permanent, loving homes for each and every child in Grand Island, See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 11/13/2012 Page 5 / 252 Grand Island Council Session - 11/13/2012 Page 6 / 252 Grand Island Council Session - 11/13/2012 Page 7 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item C3 Proclamation “Homeless and Hunger Awareness Week” November 12-19, 2012 November 12-18, 2012 is National Homeless and Hunger Awareness Week. There are many individuals in the greater Nebraska area who are homeless and hungry. The average age of the homeless in the Grand Island area is 14. The Mayor has proclaimed the week of November 12, 2012 as "Homeless and Hunger Awareness Week". See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 11/13/2012 Page 8 / 252 Grand Island Council Session - 11/13/2012 Page 9 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item C4 Recognition of Pam Holmes and Chelsea Holmes with the Grand Island Fire Department’s Citizen’s Citation Award Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 11/13/2012 Page 10 / 252 Council Agenda Memo From:EMS Division Chief Russ Blackburn Meeting:November 13, 2012 Subject:Citizen's Citation Item #’s:C-1 Presenter(s):Fire Chief Cory Schmidt EMS Division Chief Russ Blackburn Paramedic Phil Thomas Background Sudden Cardiac Arrest is a leading cause of death in the United States, claiming nearly 300,000 lives each year. During a sudden cardiac arrest, heart function ceases – abruptly and without warning. When this occurs, the heart is no longer able to pump blood to the rest of the body, and in some 95 percent of victims, death occurs. While Sudden Cardiac Arrest (SCA) is a significant public health crisis, it is often misunderstood. SCA is not a heart attack. A heart attack occurs when a blood vessel becomes blocked and interrupts blood flow to the heart, causing heart muscle to die. Sudden cardiac arrest occurs when the heart's electrical system malfunctions and the heart stops beating. Most of these deaths occur with little or no warning, from a syndrome called sudden cardiac arrest. The most common cause of sudden cardiac arrest is a disturbance in the heart rhythm called ventricular fibrillation. Once a cardiac arrest occurs, cardiopulmonary resuscitation (CPR) and defibrillation is required within the first several minutes to restore electrical activity to the heart and revive the heart's pumping function. Availability of Automated External Defibrillators (AEDs) is critical for rapid response to cardiac arrest. Discussion On October 15, 2012 a little after 10:00 a.m. Chelsea Holmes, a student at Northwest High School, returning home from getting breakfast saw a dog on a leash with no owner. She stopped to check on the dog and then saw a man lying in front of her neighbor’s house. She and a friend checked on the man and he was not breathing and had no pulse. Chelsea called for her mom’s help, called 911, and started compression only CPR. Pam Grand Island Council Session - 11/13/2012 Page 11 / 252 Holmes, a nurse at Skilled Care, had been sleeping after a late shift the night before, woke up to her daughter’s scream and pulled a wind cover over her pajama’s and went out to take over CPR on the man in the neighbor’s yard. Ms. Holmes did mouth to mouth ventilations during CPR. The CPR performed by Pam and Chelsea brought the man back to attempting to breath for a short period and then he stopped again. The paramedic that arrived on scene first noticed that Pam was doing very good quality CPR and had her continue chest compressions while he performed other treatments until the engine company arrived to take over CPR. What makes this act so special is that Pam and Chelsea did not know the man, but still rendered aid, CPR and mouth to mouth ventilations. Pam Holmes had just renewed her CPR training 2 ½ weeks before this incident, and had never had to do CPR until this day. The Grand Island Fire Department would like to present Pam Holmes and Chelsea Holmes with the Citizen’s Citation Award for their display of heroism shown on October 15, 2012. Recommendation It is recommended that Pam Holmes and Chelsea Holmes be presented with the Grand Island Fire Department’s Citizen’s Citation for their life saving efforts on October 15, 2012. Grand Island Council Session - 11/13/2012 Page 12 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item E1 Public Hearing on Request from Olsson Associates on behalf of Helen Foreman for a Conditional Use Permit for a Soil Vapor Extraction and Air Sparge Remediation Trailer Located at 1515 West 2nd Street Staff Contact: Craig Lewis Grand Island Council Session - 11/13/2012 Page 13 / 252 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:November 13, 2012 Subject:Request of Olsson Associates on behalf of Ms. Helen Forman for Renewal of a Conditional Use Permit for a Temporary Trailer located at 1515 West 2nd Street Item #’s:E-1 & H-1 Presenter(s):Craig Lewis, Building Department Director Background This request is for approval of a conditional use permit to allow for the continued placement of a vapor extraction trailer to facilitate the removal of petroleum contamination from groundwater at the site. The site is currently zoned (B-2) General Business. Trailers and temporary buildings are only allowed within this zoning classification if approved by the City Council in the form of a conditional use permit. The request is for approval for an additional two year period. Discussion This proposal is to allow for the continued use of the trailer at the site to aid in the clean up of groundwater. The proposed length of time is for an additional two years, the City code provides for a two year approval with the possibility of subsequent approvals. The site location is such that it would not appear that this request will have any negative impact on the neighboring properties, and no concerns have been presented. The original proposal included the installation of a cedar picket fence for screening. It does appear appropriate to include this as a condition to any approval as the Business Improvement District and local property owners have a considerable investment in providing landscaping along the 2nd Street corridor. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 11/13/2012 Page 14 / 252 1.Approve the request for a Conditional Use Permit finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2.Disapprove or/deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3.Approve the request with additional or revised conditions and a finding of fact. 4.Refer the matter to a special committee for a determination of a finding of fact. Recommendation Approve the request with the condition that the proposed picket fence be maintained at a height of 6’ around the trailer and associated equipment during the a two year period duration of the conditional use permit, finding that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the request for a conditional use permit to allow for the use of a temporary vapor extraction facility for a two year period, including staff recommendations, finding that the application conforms with the purpose of the zoning regulations. Grand Island Council Session - 11/13/2012 Page 15 / 252 Grand Island Council Session - 11/13/2012 Page 16 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item E2 Public Hearing on Request from Third City Christian Church for a Conditional Use Permit for an Extension of Permit for Soft Surface Parking with Additional Surfacing Located at 4100 West 13th Street Staff Contact: Craig Lewis Grand Island Council Session - 11/13/2012 Page 17 / 252 Council Agenda Memo From:Craig Lewis, Building Department Director Meeting:November 13, 2012 Subject:Request of Third City Christian Church for an Expansion to the Size and Allow Additional Time for a Conditional Use Permit for a Temporary Parking Lot at 4100 West 13th Street Item #’s:E-2 & H-2 Presenter(s):Craig Lewis, Building Department Director Background This is a request of Third City Christian Church to allow for the renewal and expansion of a temporary parking lot at 4100 West 13th Street. This request is to facilitate additional parking for the Church during a comprehensive survey and study to identify future growth and space needs. The property is currently zoned R-2, Low Density Residential Zone, that zoning classification allows churches and accessory uses but would require the parking lot improvements to comply with the City Code for improved surfaces. Approvals are required as the applicant wishes to continue to utilize the 100’x 250’ gravel parking lot approved in 2010 and provide an additional 150’ x 240’ gravel area installed sometime in the recent past to the north of the existing gravel parking lot. City code does provide for City Council approval of temporary uses, not to exceed two years in undeveloped areas and six months in developed areas. Discussion The placement of gravel for a surface as opposed to a permanent hard surface of asphalt or concrete would be allowed by code only as a temporary use approved by the City council. The request for an additional two years will allow for the Church to complete a study and survey the congregation to identify future growth and facility needs. Two conditions placed on the original approval were: 1). A landscape buffer included within the required 25’ front yard setback along the south boundary adjacent to 13th Grand Island Council Session - 11/13/2012 Page 18 / 252 Street needs to be provided to comply with setback requirements of the City Code. 2). the responsibility of controlling any dust created from the lots needs to be addressed by the applicant during any dry months throughout the duration of the use. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for a conditional use permit finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulation. 2.Disapprove or/deny the request finding that the application does not conform to the purpose of the zoning regulations. 3.Approve the request with additional or revised conditions and a finding of fact. 4.Refer the matter to a special committee for a determination of a finding of fact. Recommendation City Administration recommends that the Council approve the request with the conditions identified finding that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the request for a conditional use permit to allow a temporary parking lot with a gravel surface for a two year period, including staff recommended conditions, finding that the application conforms with the purpose of the zoning regulations. Grand Island Council Session - 11/13/2012 Page 19 / 252 Grand Island Council Session - 11/13/2012 Page 20 / 252 Grand Island Council Session - 11/13/2012 Page 21 / 252 13th St W Mansfield Rd 1516 1509 15031510 1504 1428 1422 41004194 4111LOCATION MAP ¯1 inch = 100 feet PROPOSEDADDITIONAL250'X150'PARKING PARKING APPROVEDby COUNCIL 11-9-10 Grand Island Council Session - 11/13/2012 Page 22 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item E3 Public Hearing on Acquisition of Utility Easement - 3016 East Bismark Road - GI Kennel Club Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 11/13/2012 Page 23 / 252 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:November 13, 2013 Subject:Acquisition of Utility Easement – 3016 East Bismark Road – Grand Island Kennel Club Item #’s:E- 3 & G-5 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of the Grand Island Kennel Club, located at 3016 East Bismark Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to relocate an overhead power line that is too close to a newly constructed garage on the adjacent property. This will solve a safety issue for the Utilities Department. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion 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 for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 11/13/2012 Page 24 / 252 Grand Island Council Session - 11/13/2012 Page 25 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item E4 Public Hearing on Acquisition of Public Right-of-Way for the Moore's Creek Drainway Extension (Eric M. & Kenda D. Pollock and Barry W. Niedfelt) Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 26 / 252 Council Agenda Memo From:Terry Brown, Manager of Engineering Services Meeting:November 13, 2012 Subject:Public Hearing Concerning Acquisition of Public Right- of-Way for the Moore's Creek Drainway Extension (Eric M. & Kenda D. Pollock and Barry W. Niedfelt) Item #’s:E-4 & G-8 Presenter(s):Terry Brown, Interim Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Public right-of-way is needed for the extension of the Moore's Creek Drainway to accommodate the installation of storm sewer. The public right-of-way will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of drainage utilities within the easements. This particular drainway extension will pick up where the last project was completed at North Road and Old Potash, during the summer of 2012. Discussion The purchase price of the necessary public right-of-way has been negotiated with the two (2) affected property owners. The negotiated price per acre is $15,000.00, which is a total of $82,350 for the acquisition. 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 Grand Island Council Session - 11/13/2012 Page 27 / 252 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the necessary Public Right-of-Way. Sample Motion Move to approve the acquisition of the necessary Public Right-of-Way. Grand Island Council Session - 11/13/2012 Page 28 / 252 MONUMENT FOUNDMONUMENT SET CALCULATED POINTDEEDED DISTANCEGOVERNMENT DISTANCEMEASURED DISTANCEPLATTED DISTANCE RECORDED DISTANCE P R DGM LEGEND P:\Surveying\121267.00 - Grand Island Moores Creek Survey\7 Design\2 Drawings\SV-121267.dwg , on 11/5/2012 11:22 AM. Hastings, NE 402.462.5657 Norfolk, NE 402.371.6416 Lincoln, NE 402.435.3080 Carroll, IA 712.792.9711 800.723.8567 Wahoo, NE 402.443.4661 Nebraska City, NE 402.873.6766 www.jeo.com Grand Island, NE 308.381.7428 Omaha, NE 402.934.3680 South Sioux City, NE 402.494.7019 Ankeny, IA 515.964.5310 OFFICES GRAPHIC SCALE 0 20010050 NE CORNER SEC. 23-T-11-N, R-10-W SEC. 23 SEC. 24 DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET FILE NO. OF 11 11/5/2012 R121267 EG 1"=200' KSL TRACT 2 EXHIBIT VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 23 T11NHALL COUNTY R10WMABEL DR.EDNA DR. SW CORNER NE1/4 NE1/4SEC. 23-T-11-N,R-10-W SE CORNER NE1/4 NE1/4 SEC. 23-T-11-N,R-10-WNORTH ROAD” LEGAL DESCRIPTION: Grand Island Council Session - 11/13/2012 Page 29 / 252 DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET FILE NO. OF 11 11/5/2012 R121267 EG 1"=200' KSL TRACT 3 EXHIBIT MONUMENT FOUNDMONUMENT SET CALCULATED POINTDEEDED DISTANCEGOVERNMENT DISTANCEMEASURED DISTANCEPLATTED DISTANCE RECORDED DISTANCE P R DGM LEGEND VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 23 T11NHALL COUNTY R10W P:\Surveying\121267.00 - Grand Island Moores Creek Survey\7 Design\2 Drawings\SV-121267.dwg , on 11/5/2012 11:23 AM. Hastings, NE 402.462.5657 Norfolk, NE 402.371.6416 Lincoln, NE 402.435.3080 Carroll, IA 712.792.9711 800.723.8567 Wahoo, NE 402.443.4661 Nebraska City, NE 402.873.6766 www.jeo.com Grand Island, NE 308.381.7428 Omaha, NE 402.934.3680 South Sioux City, NE 402.494.7019 Ankeny, IA 515.964.5310 OFFICES GRAPHIC SCALE 0 20010050 SE CORNER SW1/4 SW1/4 NE1/4 SEC. 23-T-11-N, R-10-WMABEL DR.EDNA DR. LILLIE DR.CENTRE ST.NE CORNER SW1/4 NE1/4 SEC. 23-T-11-N, R-10-W LEGAL DESCRIPTION: Grand Island Council Session - 11/13/2012 Page 30 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item E5 Public Hearing on Acquisition of Public Right-of-Way for the Walk to Walnut Safe Routes to School Project (Grand Island Public Schools) Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 31 / 252 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:November 13, 2012 Subject:Public Hearing Concerning Acquisition of Public Right- of-Way for the Walk to Walnut Safe Routes to School Project (Grand Island Public Schools) Item #’s:E-5 & G-9 Presenter(s):Terry Brown, Interim Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Public Right-of-Way is needed in the Walk to Walnut Safe Routes to School Project area to allow for the construction, operation, maintenance, extension, repair, replacement, and removal of elements involved with this project. Discussion At tonight's meeting we are also requesting approval to acquire a temporary easement on this same property to accommodate the construction of the Walk to Walnut Safe Routes to School 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 Grand Island Council Session - 11/13/2012 Page 32 / 252 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of Public Right-of-Way. Sample Motion Move to approve the acquisition of Public Right-of-Way. Grand Island Council Session - 11/13/2012 Page 33 / 252 Grand Island Council Session - 11/13/2012 Page 34 / 252 Grand Island Council Session - 11/13/2012 Page 35 / 252 Grand Island Council Session - 11/13/2012 Page 36 / 252 Grand Island Council Session - 11/13/2012 Page 37 / 252 Grand Island Council Session - 11/13/2012 Page 38 / 252 Grand Island Council Session - 11/13/2012 Page 39 / 252 CUSTER AVE.15TH ST. RELOCATED PLAYGROUND AREA BY OTHERS MDS DGH DGH PROJECT NO.SHEET NO. Drawn: Checked: Approved: 10/1/2012Date:$PROJECT$$PENTBLA$PEN:PROJ:USER:DATE:DGN:10/1/2012ROW Sheet 1.DGNMEGAN STARNER--- PROFESSIONAL CIVIL ENGINE E RSTATE OF NEBRASKA HOLLE DOUGLAS G. E-10347 SRTS-40(57), CN 42521 0 20 40 WALNUT MIDDLE SCHOOL RIGHT OF WAY T-1 OWNER DESCRIPTION OWNERSHIP TRACT NO.TAKING SQ. FT. EASEMENTS PERM. EASE. SQ. FT.TEMP. EASE. SQ. FT. CITY OF GRAND ISLAND OF GRAND ISLAND LT 20 BLK 2 IMPERIAL VILLAGE SUB TO THE CITY T-2 OF GRAND ISLAND PT E 1/2 SW 1/4 27.65AC MISCELLANEOUS TRACTS 8-11-9 TO THE CITY LEGEND PERMANENT EASEMENT TEMPORARY EASEMENT 11 EXISTING LOT LINE NEW RIGHT-OF-WAY OF HALL COUNTY, NE SCHOOL DISTRICT NUMBER 2 CONTRACTOR ACCESS AREA CONTRACTOR TO STAY WITHIN CITY PROPERTY LIMITS OF CONSTRUCTION DRIVEWAY GRADING CONTRACTOR TO STAY WITHIN CITY PROPERTY DECLARATION OF USE 13,017 7,97821,891 NO. 2012-264 PER RESOLUTION DECLARATION OF USE NO. 2012-264 PER RESOLUTION PERMANENT EASEMENT AREA DECLARATION OF USE MATCHING NO. 2012-264 PER RESOLUTION DECLARATION OF USE 88.40’ 124.17’ 88.61’56.40’92.40’4500’00" 4500’00" LOT 20 BLOCK 2 T-1 IMPERIAL VILLAGE SUBDIVISION SEC.8, T.11 N., R.9 W. 74.15’ 9017’31"46.00’4500’00" 4500’00" 9000’00"85.00’110.00’85.00’110.00’ 9000’00" 9000’00" 9000’00" 46.00’ T-2 T-2 20.00’69.99’147.41’85.00’9000’00" 9000’00" 9017’31" LOT 19 BLOCK 2 7.01’ 65.97’20.14’70.09’77.16’ 9000’00" 9000’00" 77.59’85.00’T-2 84.91’8942’29"20.00’ T-2 8942’29" 147.84 8942’29" 140.83’ 2133’43" 9000’00" 14.00’ 9000’00" 15826’17"38.09’97.00’9000’00" 16.00’ 14.00’ 14.00’35.00’35.00’35.00’9000’00"51.43’Grand Island Council Session - 11/13/2012 Page 40 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item E6 Public Hearing on Comprehensive Revitalization Needs Assessment Application Staff Contact: Marco Floreani Grand Island Council Session - 11/13/2012 Page 41 / 252 Council Agenda Memo From:Marco Floreani, Community Development Administrator Council Meeting:November 13, 2012 Subject:Public Hearing on Comprehensive Revitalization Assessment Block Grant Application Item #:E-6 & G-23 Presenter(s):Marco Floreani, Community Development Background In 2005, the Nebraska Department of Economic Development (NDED) developed a program to utilize Community Development Block Grant (CDBG) funds in non-entitlement communities. The program allocates grant funds over a multi-year period to meet locally identified needs that are CDBG eligible. The City last received grant funds in 2009 for the initial assessment and revitalization strategy and was awarded subsequent funding of approximately $260,000 per year in 2009, 2010 and 2011 to use for redevelopment projects in a specifically defined low to moderate income (LMI) neighborhood within city boundaries. Eligible communities interested in the three year (2012-2015) Comprehensive Revitalization category must submit an application to the Nebraska Department of Economic Development (DED) by November 16, 2012. A public hearing is required prior to submission of an application to the Nebraska Department of Economic Development to solicit public comment and input into the proposed project and grant application. A legal notice was published in the October 29, 2012 Grand Island Independent with notice of this council meeting and contact information for written comments. Discussion The City is one of the eight eligible communities and may update or revise the 2009 Comprehensive Needs Assessment and a Revitalization Strategy to submit for the next three years of Comprehensive Revitalization funding from the Nebraska Department of Economic Development. The Comprehensive Needs Assessment must review 13 (LMI) Block Groups and inventory all types and degrees of housing and community development needs within each area. The Revitalization Strategy must identify a one, two and three year action plan to meet the needs of the (LMI) neighborhood(s) selected for investment. The Needs Assessment and Revitalization Grand Island Council Session - 11/13/2012 Page 42 / 252 Strategy process must involve citizen participation, particularly LMI residents, in all development and implementation phases. The City of Grand Island is requesting a Planning Grant for $13,500, plus $1,500 in General Administration to develop and complete a Needs Assessment Strategy. The City will provide the required 25% cash match of $3,000 for a project total of $18,000. The required $3,000 match is budgeted within the community development fund. The completed Needs Assessment and Revitalization Strategy will be used to assess 2012-2015 Comprehensive Revitalization grant funding opportunities from the Nebraska Department of Economic Development. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 2012 Community Revitalization Needs Assessment and Strategy application and authorize the Mayor to sign all related documents 2.Refer the issue to a Committee. 3.Postpone the issue to a later date. Recommendation City Administration recommends that Council approves the 2012 Community Revitalization Needs Assessment/Strategy application and authorizes the Mayor to sign all related documents. Sample Motion Move to approve the 2012 Community Revitalization Needs Assessment/Strategy application and authorize the Mayor to sign all related documents. Grand Island Council Session - 11/13/2012 Page 43 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item F1 #9409 – Consideration of Amending Sections 2-18 and 2-21 of the Grand Island City Code Regarding Compensation for Elected Officials Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 11/13/2012 Page 44 / 252 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:November 13, 2012 Subject:Compensation for Elected Officials Item #’s:F-1 Presenter(s): Councilman Larry Carney Background The relevant legal authorities regarding compensation for City of Grand Island (City) elected officials are as follows: Neb. Const., Art. III, §19 which states in part, “[t]he compensation of any public officer…shall not be increased or diminished during his or her term of office, except that when there are members elected…and the terms of such members commence and end at different times…the compensation…may be increased or diminished at the beginning of the full term of any member thereof.” Neb. Rev. Stat. §16-326 which states in part the salary “of any elective officer shall not be increased or diminished during the term for which he was elected, except that when there are officers elected to the council…and the terms of one or more members commence and end at different times, the compensation of all members of such council…may be increased or diminished at the beginning of the full term of any member thereof.” Grand Island City Code §2-18 which states in part, “[t]he annual compensation for the mayor shall be $13,000….” Grand Island City Code §2-21 which states in part, “[t]he annual compensation for members of the city council shall be $6,000….” Grand Island City Ordinance 8708, approved on January 22, 2002 which set the present compensation for City elected officials by raising the previous annual compensation for the Mayor from twelve thousand to thirteen thousand dollars and for the City Council (Council) from five to six thousand dollars. Grand Island Council Session - 11/13/2012 Page 45 / 252 Discussion Pursuant to the legal authorities cited above, any increase in the Mayor’s compensation could not take effect until the next mayoral term which begins at the first regular Council meeting in December, 2014. Any increase in the Council’s compensation could not take effect until the beginning of the term of any member of the Council. Since the term of office for five members of the Council begins on December 4, 2012 any increase in compensation for the entire Council would begin on that date. The proposed Ordinance increases the Mayor’s annual compensation from thirteen thousand to twenty thousand dollars and Council Member’s annual compensation from six to ten thousand dollars. 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 a future date. 4.Take no action on the issue. Recommendation The City Administration has no recommendation. Sample Motion Move to approve Ordinance No. 9409 increasing the annual compensation of the Mayor to twenty thousand dollars effective December 2014 and the annual compensation of members of the Council to ten thousand dollars effective December 4, 2012. Grand Island Council Session - 11/13/2012 Page 46 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney ORDINANCE NO. 9409 WHEREAS, the Grand Island City Council has decided to amend Sections 2-18 and 2-21, its laws setting forth the respective compensation of the Mayor and members of the City Council, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: I. That §2-18 of the Grand Island City Code be amended to read as follows: §2-18. Mayor; Compensation Beginning at the first regular Council meeting in December, 2014 and thereafter Tthe annual compensation for the mayor shall be twenty thousand dollars ($20,000.00) $13,000 per year, payable monthly in equal installments as required by law. II. That §2-21 of the Grand Island City Code be amended to read as follows: §2-21. City Council Members; Compensation Beginning at the first regular Council meeting in December, 2012 and thereafter Tthe annual compensation for members of the city council shall be ten thousand dollars ($10,000.00) $6,000 per year, payable monthly in equal installments as required by law. III. Any ordinances or parts of ordinances in conflict are hereby repealed. IV. This ordinance shall be in full force and will take effect from and after its passage and publication pursuant to law. Enacted: November 13, 2012. _______________________________________ Jay Vavricek, Mayor ATTEST: ___________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 47 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G1 Approving Minutes of October 23, 2012 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 11/13/2012 Page 48 / 252 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 23, 2012 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 October 23, 2012. Notice of the meeting was given in The Grand Island Independent on October 17, 2012. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Vaughn Minton, and John Gericke. Councilmember Peg Gilbert was absent. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Robert Sivick, Interim Public Works Director Terry Brown and Finance Director Jaye Monter. INVOCATION was given by Pastor Rene Lopez, Iglesia de Dios, 2325 West State Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Emma Kreutzer. PRESENTATIONS AND PROCLAMATIONS: Presentation of the “Mayor’s Builder Award” to Tom and Kim Dinsdale. Mayor Vavricek presented the fifth “Mayor’s Builder Award” to Tom and Kim Dinsdale. Tom Dinsdale was present for the recognition. Proclamation “Project Homeless Connect Day” October 25, 2012. Mayor Vavricek proclaimed October 25, 2012 as “Project Homeless Connect Day”. Two representatives from Project Homeless were present to receive the Proclamation. PUBLIC HEARINGS: Public Hearing on Request from Wilmar Realty, LLC dba Wilmar, 620 West State Street, Suite B for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from Wilmar Realty, LLC dba Wilmar, 620 West State Street, Suite B. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on October 4, 2012; notice to the general public of date, time, and place of hearing published on October 13, 2012; notice to the applicant of date, time, and place of hearing mailed on October 4, 2012; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Tim Bolton and Tracy Goodman representing Wilmar Realty were present to answer questions. No further public testimony was heard. Public Hearing on Request from Faulk & Foster on behalf of Verizon Wireless for a Conditional Use Permit for Construction of an 80’ Monopole and Equipment Shelter Located at 1922 West 3rd Street. Building Department Director Craig Lewis reported that this request was to allow for the construction of an 80 foot monopole and equipment shelter to facilitate Verizon Wireless Grand Island Council Session - 11/13/2012 Page 49 / 252 Page 2, City Council Regular Meeting, October 23, 2012 cellular service area. Staff recommended approval. John Yokum, Deshler, NE representing Verizon Wireless was present to answer questions. No further public testimony was heard. Public Hearing on Amendment to the Redevelopment Plan Area 1 Located at 1103 St. Paul Road. Regional Planning Director Chad Nabity reported that the Grand Island Area Habitat for Humanity, developer, had submitted a proposed amendment to the redevelopment plan Area 1 for site acquisition, clearance and extension of utilities and subsequent construction of three single family houses. Staff recommended approval. No public testimony was heard. Public Hearing on Amendment to the Redevelopment Plan Area 2 Located at 1135 South Locust Street. Regional Planning Director Chad Nabity reported that the developer intended to use Tax Increment Financing to aid in renovation of the existing retail space at 1135 South Locust Street. Staff recommended approval. Jerry Jacobson, owner, 1112 South Locust Street was present to answer questions. No further public testimony was heard. CONSENT AGENDA: Consent Agenda item G-4 was pulled for further discussion. Motion by Ramsey, second by Niemann to approve the Consent Agenda excluding item G-4. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 9, 2012 City Council Regular Meeting. Approving Re-Appointment of Doug Jensen to the Animal Advisory Board. #2012-306 – Approving Contract for Downtown Phase I Planning Services. #2012-307 – Approving Contract for Voice Communications System with Business Telecommunication Systems of Grand Island, NE in an Amount of $73,196.00 and Installation not to exceed $3,000.00. Andrew Dewy, consultant representing Dewy Computer Service explained that the current phone system at City Hall was 20 years old and was in need of replacement. Discussion was held regarding D.I.D lines and additional cost and upgrade from analog to digital. Comments were made concerning the need for 120 full duplex speaker phones which were top of the line. The difference in cost for phones without speakers would be $90.00 per phone. The life span of the new system was expected to be 15 to 20 years. Motion by Carney, second by Gericke to call the question. Upon roll call vote, Councilmembers Carney, Niemann, Ramsey, Nickerson, Donaldson, Dugan, Minton, and Gericke voted aye. Councilmember Haase voted no. Motion adopted. Motion by Dugan, second by Carney to approve Resolution #2012-307. Upon roll call vote, Councilmembers Carney, Niemann, Ramsey, Nickerson, Donaldson, and Gericke voted aye. Councilmembers Haase, Dugan, and Minton voted no. Motion adopted. #2012-308 – Approving Bid Award for Substation Transformer Testing Services with Eaton Corporation of Lenexa, Kansas in an Amount of $71,236.32. #2012-309 – Approving Bid Award for the Law Enforcement Center & Downtown Parking Lot Snow Removal Operations for the 2012/2013 Winter Season with Premier Snow Removal, LLC of Grand Island, NE in an Amount of $35.00 per load for Trucks hauling snow; $120.00 per hour Grand Island Council Session - 11/13/2012 Page 50 / 252 Page 3, City Council Regular Meeting, October 23, 2012 for Tractor Loader w/Box Blade; $100.00 per hour for Skid Steer Loader; and $200.00 per hour for Tractor with Pull Blade. #2012-310 – Approving Renewal of Website Hosting Agreement with Vision Internet of Santa Monica, CA for a three-year contract in an Amount of $231.52 monthly with an annual five percent increase. REQUESTS AND REFERRALS: Consideration of Request from Faulk & Foster on behalf of Verizon Wireless for a Conditional Use Permit for Construction of an 80’ Monopole and Equipment Shelter Located at 1922 West 3rd Street. This item related to the aforementioned Public Hearing. Motion by Donaldson, second by Haase to approve the request from Faulk & Foster. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2012-311 – Approving the Exemption of the Capital Avenue Widening – Webb Road to Broadwell Avenue Project from being Partially Funded by a Paving Assessment District. Interim Public Works Director Terry Brown reported that several meetings had been held regarding the Capital Avenue widening project. Staff recommended that a paving district not be created for Webb Road to Broadwell Avenue based on the lack of benefit for the majority of property owners along the project. The following people spoke in support: Ryan Banzhaf, 2423 No. Howard Avenue Athel Lamborn, 2623 W. Capital Avenue Donna Whitaker, 2418 N. Custer Avenue Jim O’Neill, 2426 N. Custer Avenue Jamie Watch, 2719 Capital Avenue Kay Blair, 2431 Sheridan Avenue Evelyn Brown, 3027 W. Capital Avenue, Suit 1 Janet Knapp, 3027 W. Capital Avenue, Suite 6 Densel Rasmussen, 2809 Brentwood Blvd. Jerry Watch, 2719 Capital Avenue Jack Jarecke, 2815 W. Capital Avenue Gullerimo Pena, 311 East 3rd Street Raymond O’Connor, 611 Fleetwood Road spoke concerning the commercial property and inconsistency in assessments districts. A lengthy discussion was held regarding the inconsistency in assessments for commercial properties, exempting all arterial streets and a need for a policy. Finance Director Jaye Monter explained the 2013 budget regarding the income and expenses for this project. Grand Island Council Session - 11/13/2012 Page 51 / 252 Page 4, City Council Regular Meeting, October 23, 2012 Matt Rief representing Olsson Associates stated the cost of assessments to property owners would be approximately $80.00 to $90.00 per front footage. City Attorney Robert Sivick explained the state statutes regarding assessment districts. Motion by Gericke, second by Carney to approve Resolution #2012-311. Upon roll call vote, all voted aye. Motion adopted. #2012-312 – Consideration of Amendment to the redevelopment Plan Area 1 Located at 1103 St. Paul Road. This item related to the aforementioned Public Hearing. Motion by Donaldson, second by Nickerson to approve Resolution #2012-312. Upon roll call vote, all voted aye. Motion adopted. #2012-313 – Consideration of Amendment to the Redevelopment Plan Area 2 Located at 1135 South Locust Street. This item related to the aforementioned Public Hearing. Motion by Dugan, second by Haase to approve Resolution #2012-313. Upon roll call vote, all voted aye. Motion adopted. #2012-314 – Approving Automated Metering Infrastructure (AMI) Pilot Project. Utilities Director Tim Luchsinger reported that the intent of the pilot project was to gain first-hand experience with the installation and operation of an AMI system as well as determine the fiscal costs and benefits. The proposed project area to be used was the new water construction in Merrick County. Discussion was held regarding wireless networks and cost of service. Motion by Haase, second by Dugan to approve Resolution #2012-314. Upon roll call vote, all voted aye. Motion adopted. #2012-315 – Consideration of Request from Wilmar Realty LLC dba Wilmar, 620 West State Street, Suite B for a Class “C” Liquor License and Liquor Manager Designation for James Goodman, 2716 Apache Road. This item related to the aforementioned Public Hearing. Motion by Carney, second by Minton to approve Resolution #2012-315. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Donaldson to approve the Claims for the period of October 10, 2012 through October 23, 2012, for a total amount of $4,493,163.62. Discussion was held regarding the ICMA dues for the City Administrator. Motion by Haase, second by Niemann to deny the claim to ICMA in the amount of $934.80. Upon roll call vote, Councilmember’s Haase, Dugan, and Gericke voted aye. Councilmember’s Carney, Niemann, Ramsey, Nickerson, Donaldson, and Minton voted no. Motion failed. Roll call vote upon the main motion, all voted aye. Motion adopted. Grand Island Council Session - 11/13/2012 Page 52 / 252 Page 5, City Council Regular Meeting, October 23, 2012 ADJOURN TO EXECUTIVE SESSION: Motion by Ramsey, second by Dugan to adjourn to Executive Session at 9:22 p.m. for the purpose of a strategy session with respect to Union Negotiation for IAFF. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Ramsey, second by Dugan to return to Regular Session at 9:58 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:58 p.m. RaNae Edwards City Clerk Grand Island Council Session - 11/13/2012 Page 53 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G2 Approving Minutes of October 30, 2012 City Council Special Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 11/13/2012 Page 54 / 252 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING October 30, 2012 Pursuant to due call and notice thereof, a Special 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 October 30, 2012. Notice of the meeting was given in The Grand Island Independent on October 24, 2012. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Vaughn Minton, and John Gericke. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, and Finance Director Jaye Monter. The PLEDGE OF ALLEGIANCE was said. Councilmember Carney was present at 7:03 p.m. RESOLUTION: #2012-316 – Approving Labor Agreement with IAFF Local 647. Human Resources Director Brenda Sutherland reported that the current labor agreement with the International Association of Fire Fighters, AFL-CIO, CLC, Local No. 647 (IAFF) expired on September 30, 2012. Negotiations took place and a labor agreement was reached retroactive to October 1, 2012 through September 30, 2014. The agreement specified a wage increase of 2% in the first year and an increase of 2.5% in the second year. Ms. Sutherland explained the following changes in the contract: overtime pay, vacations, medical leave, rates of pay for work performed, grievance procedure, and duration of offer. Motion by Dugan, second by Gericke to approve Resolution #2012-316. Upon roll call vote, all voted aye. Motion adopted. ORDINANCE: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9408 – 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 this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 11/13/2012 Page 55 / 252 Page 2, City Council Special Meeting, October 30, 2012 #9408 – Consideration of Approving Salary Ordinance. Motion by Donaldson, second by Gericke to approve Ordinance #9408. City Clerk: Ordinance #9408 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 #9408 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 #9408 is declared to be lawfully adopted upon publication as required by law. ADJOURNMENT: The meeting was adjourned at 7:13 p.m. RaNae Edwards City Clerk Grand Island Council Session - 11/13/2012 Page 56 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G3 Approving Minutes of November 6, 2012 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 11/13/2012 Page 57 / 252 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION November 6, 2012 Pursuant to due call and notice thereof, a Study Session 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 November 6, 2012. Notice of the meeting was given in the Grand Island Independent on October 31, 2012. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Chuck Haase, Larry Carney, Bob Niemann, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Vaughn Minton and John Gericke. Councilmember Kirk Ramsey was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, Interim Public Works Director Terry Brown and Finance Director Jaye Monter. INVOCATION was given by Community Youth Council member Ashley Bykerk followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced CYC member Ashley Bykerk. SPECIAL ITEMS: Presentation on Metropolitan Planning Organization (MPO). Regional Planning Director Chad Nabity reported that during the 2010 Census the City had reached 50,440 in population as determined by the Census Department. This number included the surrounding urbanized area including the east lakes, the subdivisions across Gunbarrel Road into Merrick County and the Village of Alda. A PowerPoint presentation was given explaining what an MPO is. What is an MPO? A transportation policy-making and planning body with representatives of local, state & federal government and transportation authorities A forum for cooperative decision making involving key stakeholders Federal requirement in Census urbanized areas of 50,000 or more At >200,000, designated a Transportation Management Area (TMA) After the 2010 Census, as many as 420 MPOs The Policy Committee or Board is the designated MPO, not the staff Question was asked about how many MPOs were added. Mr. Nabity stated he thought it was 27. What About MPO staff? Federal law is silent on staffing the MPO Great flexibility in staff arrangements, often depends on state law Typically have a “host agency” as fiscal/administrative agenet Grand Island Council Session - 11/13/2012 Page 58 / 252 Page 2, City Council Study Session, November 6, 2012 FHWA and FTA have funding programs to support MPO work; provide a maximum 80% Federal share Required work may be performed by staff, member agencies, consultants Typical MPO Structure: Policy Committee or Board For TMAs, the MPO shall consist of local elected officials; officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and appropriate State officials For all MPOs, designation occurs by agreement between the Governor and local governments representing at least 75% of the population including the largest incorporated city Policy Committees determine their own representation and decision making procedures; some require consensus, others majority of super-majority Some MPOs have an Executive or Management Committee to handle agendas and routine matters Question was asked concerning who selects the membership of the board. Mr. Nabity stated the City Council would be the approving authority. CDBG grants would no longer need the approval of the council. Transit funding would be outside this structure. Discussion was held regarding the differences between Omaha, Lincoln, and South Sioux City who were MPOs and if legislation needed to be added to the statutes regarding First Class cities the size of Grand Island being MPOs. The policy board would have to be a separate entity. Discussion was held whether the City Council could set as the MPO policy board. Mr. Nabity stated that by the end of February 2013 an MPO and policy board would need to be formed. Additional staffing was discussed. It was suggested that a timeline be created on what needed to be done and when. Interim Public Works Director Terry Brown commented on the Federal requirements for MPOs. Planning (or Technical) Committee An advisory body to the MPO Board for transportation issues, primarily technical in nature Oversees MPO technical work and develops recommendations on projects and programs for Board consideration Usually composed of staff-level officials of local, state & federal agencies May have standing sub-committees, for example TIP, Transit, Program Administration May create ad hoc sub-committees Mr. Nabity stated currently we have a One and Six Year Plan, with an MPO we would have a Four and Twenty Year Plan. Citizen Advisory Committee Acts in an advisory capacity to MPO Board as liaison to the public Grand Island Council Session - 11/13/2012 Page 59 / 252 Page 3, City Council Study Session, November 6, 2012 Advises on public involvement strategies May assist in organizing and managing public meetings and comments Composed of members of the public o Often appointed by localities and MPO policy board o Sometimes elected o May include representatives of stakeholder and advocacy groups like neighborhood, environmental, bicycle and pedestrian, or transit users Why an MPO? Planning’s job is to elicit the region’s shared vision for the future Requires a comprehensive examination of the region’s future and investment alternative – Technical and qualitative forecasts Transportation investment means allocating scarce transportation funding resources that achieve outcomes that move toward the vision MPO facilitates collaboration of governments, interested parties, and residents Question was asked whether the Regional Planning Commission could serve as the Citizen Advisory Committee. Mr. Nabity stated they could. Discussion was held regarding the current County transportation system. Mentioned was that private stakeholders were necessary in this process. MPO Federally Required Products: Long Range Transportation Plan (LRTP) – Goals, objectives, actions Unified Planning Work Program (UPWP) – Tasks to accomplish planning activities Transportation Improvement Program (TIP) – Projects to implement the LRTP Participation Plan – Communication with the Public and key affected groups – Environmental Justice – Limited English Proficiency Plan Coordinated Public Transit-Human Services Transportation Plan – How to make best use of transit operations Congestion Management Process (CMP) – Required only in TMAs – Identifies congestion in all modes, and mitigation strategies Air Quality planning in non-attainment areas – The LRTP and TIP are subject to conformity analysis Mr. Nabity stated a Unified Planning Work Program needed to be done in 1-2 years; Long Range Transportation Plan – 20 years (minimum); and Transportation Improvement Program within 4 years (minimum). Subjects for MPO Long Range Plans MAP-21 required planning factors Economic vitality Safety Security Accessibility and mobility Environmental areas, promote energy conservation, improve the quality of life Grand Island Council Session - 11/13/2012 Page 60 / 252 Page 4, City Council Study Session, November 6, 2012 Integration and connectivity Management & operations Preservation MAP-21 Performance Measures Infrastructure condition: state of good repair Congestion reduction: reduce congestion on NHS Safety: reduce fatalities and serious injuries on public roads System Reliability: improve efficiency of travel Freight Movement and Economic Vitality: improve freight networks, rural access, and regional economic development Environmental Sustainability: protect and enhance the environment Project Delivery: reduce delays in project development and delivery Targets to be determined by MPOs and states Comments were made concerning railroads and the Cornhusker Army Ammunition Plant and their importance in the future of Grand Island. Mentioned was the make-up of the policy committee. Questioned was what the next steps would be. Mr. Nabity stated the scope of services and a contract with the State of Nebraska would be brought forward for Council approval. By the end of February the scope of the MPO needed to be sent to the Governor. City Administrator Mary Lou Brown stated this was the first of many Study Sessions on this topic. Concern was brought forward regarding another layer of government with additional cost for staff. Requested were samples from other cities and for us not to rush the process. Mr. Brown stated he could send a link of other MPOs to Council. Mentioned was to continue the transportation we currently had through this transition. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. RaNae Edwards City Clerk Grand Island Council Session - 11/13/2012 Page 61 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G4 #2012-317 - Approving Contract for Section 125 Cafeteria Plan Staff Contact: Brenda Sutherland Grand Island Council Session - 11/13/2012 Page 62 / 252 Council Agenda Memo From:Brenda Sutherland, Human Resources Director Meeting:November 13, 2012 Subject:Approval of Section 125 Flexible Spending Plan Item #’s:G-4 Presenter(s):Brenda Sutherland, Human Resources Director Background The City of Grand Island provides a Section 125 Flexible Spending Plan, also referred to as a Cafeteria Plan for its employees. This plan allows employees the ability to set aside pre-tax dollars for qualifying medical, dependent care and non-employer sponsored premium reimbursements. The City currently has a contract with TASC that will expire at the end of this calendar year. Discussion The City advertised a request for proposals in August 2012. We received proposals from four vendors. Interviews were held with finalists and the vendor that was chosen who satisfied the requirements and provided the best overall package and price was our current vendor, TASC. Mr. J.J. Green of Primark Insurance Agency, is the broker representing TASC. TASC is a third party administrator that specializes in the administration of flexible spending plans as well as other benefits administration and is located in Madison, Wisconsin. The City is currently paying an administration fee of $3.50 per plan participant per month. TASC will be charging $3.58 per plan participant per month at the renewal in January 2013. This rate has been guaranteed for three years. There will be no set up fee or renewal fees. Employees will enjoy the same benefits that they currently have with online filing, direct deposits and a debit card. We also have a local agent to help with administrative questions. Since TASC is the current vendor, they will treat this as a regular contract renewal and the terms of the current contract, unless otherwise specified in the Fee Structure Agreement, will remain in place. The current contract is available for review in the Clerk’s office. Grand Island Council Session - 11/13/2012 Page 63 / 252 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 Recommend approval of the renewal contract with TASC to provide the flexible spending plan benefit for City employees. Sample Motion Move to approve a three year contract renewal with TASC as the vendor for the City’s flexible spending plan. Grand Island Council Session - 11/13/2012 Page 64 / 252 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR SECTION 125 CAFETERIA PLAN RFP DUE DATE:October 10, 2012 at 4:00 p.m. DEPARTMENT:Human Resources PUBLICATION DATE:September 10, 2012 NO. POTENTIAL BIDDERS:9 SUMMARY OF PROPOSALS RECEIVED P & A Group WageWorks Buffalo, NY Centennial, CO EideBailly TASC – Primark Insurance Agency Minneapolis, MN Grand Island, NE cc:Brenda Sutherland, Human Resources Director Tami Herald, HR Risk Mgt/Benefits Cor. Jason Eley, Purchasing Agent Jaye Monter, Finance Director P1591 Grand Island Council Session - 11/13/2012 Page 65 / 252 November 7, 2012 The City of Grand Island TASC Client ID# 4102-0676-3328 RE: Fee Structure Agreement TASC will offer and implement to the client, City of Grand Island, a three (3) year rate guarantee for adminsitrative services of the city’s flexible spending plan (FlexSystem). The rate guarantee will become effective with the first invoice of the 2013 plan year and service period beginning 1-1-2013. All contract provisions from current plan documents will remain in force with this and future renewals unless otherwise specified in this Fee Structure Agreement dated November 7, 2012. The fee guarantee will remain in effect through the 2015 plan year. Stated fees may be subject to change beginning with the 1-1-2016 plan year, including run-out services, if any. FlexSystem fee structure Current fees: $3.50 per participating employee per month (including TASC Card) $700.00 minimum monthly fee New fees: $3.58 per participating employee per month (including TASC Card) $718.00 minimum monthly fee No Annual Renewal or Compliance Fee For the City TASC ______________________________________________________________ _______________________________Date _______________________________ Date Grand Island Council Session - 11/13/2012 Page 66 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-317 WHEREAS, the City of Grand Island provides a Section 125 Flexible Spending Plan, also referred to as a Cafeteria Plan for its employees; and WHEREAS, the City advertised a Request For Proposals (RFP) for a vendor to administer this plan; and WHEREAS, TASC of Madison, Wisconsin is the third party administrator who currently administers the plan and who had the successful proposal; and WHEREAS, a fee of $3.58 per participant per month will be in effect for a three (3) year period beginning January 1, 2013 and will remain through December 31, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Section 125 Flexible Spending Plan will be administered by TASC, of Madison, Wisconsin for the period mentioned above and all provisions of the current contract will remain in place unless otherwise specified in the updated Fee Structure Agreement. 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, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 67 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G5 #2012-318 - Approving Acquisition of Utility Easement - 3016 East Bismark Road - GI Kennel Club This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 11/13/2012 Page 68 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-318 WHEREAS, a public utility easement is required by the City of Grand Island, from the Grand Island Kennel Club, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on November 13, 2012, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at Northwest corner of Lot One (1) on the Mainland of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West; thence easterly along the northerly line of the said Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) on an assumed bearing of N89o56’17”E, a distance of one thousand eighteen and eighty two hundredths (1,018.82) feet; thence S13o16’41”W, a distance of three hundred twenty eight and seven hundredths (328.07) feet to the ACTUAL Point of Beginning; thence S26o11’41”W, a distance of one hundred eighteen and forty five hundredths (118.45) feet; thence S39o22’36”W, a distance of one hundred sixty eight and fifty two hundredths (168.52) feet; thence N52o02’08”W, a distance of twenty (20.0) feet; thence N37o57’51”E, a distance of two hundred eighty four and forty two hundredths (284.43) feet to the said Point of Beginning. The above-described easement and right-of-way containing 0.12 acres, more or less, as shown on the plat dated 10/09/2012, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from the Grand Island Kennel Club, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 69 / 252 Grand Island Council Session - 11/13/2012 Page 70 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G6 #2012-319 - Approving Bid Award - Burdick Generating Station Torque Converter for Gas Turbines 2 & 3 Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 11/13/2012 Page 71 / 252 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Meeting Date:November 13, 2012 Subject:Burdick Generating Station Torque Converter – Gas Turbine 2 and 3 Item #’s:G-6 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Burdick Generating Station Gas Turbines 2 and 3 were commissioned in 2003. The torque converters for these turbines are part of the drive train between the main turbine rotor and the starting motor and are required for unit startup and require a lead time of nine months for replacement. In planning for critical spare parts inventories, plant management determine requirements based on past trends of parts failure in the industry and the impact on unit operation. Due to the operational need for a torque converter for unit operation and the projected delivery time of nine months, maintaining a spare torque converter in stock was recommended by staff and submitted for budget planning. Discussion The specifications for the Burdick Generating Station Torque Converter – Gas Turbine 2 and 3 were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on October 23, 2012. Specifications were sent to one potential bidder and responses were received as listed below. The engineer’s estimate for this project was $88,000.00. Bidder Bid Price Voith Turbo, Inc. – York, PA $ 81,213.30 The bid was reviewed by plant staff. It is compliant with specifications and less than the engineer’s estimate. Grand Island Council Session - 11/13/2012 Page 72 / 252 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 award the Contract for the Burdick Generating Station Torque Converter – Gas Turbine 2 & 3 to Voith Turbo, Inc., of York, Pennsylvania, as the low responsive bidder, in the amount of $81,213.30. Sample Motion Move to approve the bid award of $81,213.30 from Voith Turbo, Inc., for the Burdick Generating Station Torque Converter – Gas Turbine 2 & 3. Grand Island Council Session - 11/13/2012 Page 73 / 252 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 23, 2012 at 2:00 p.m. FOR:Burdick Generating Station Torque Converter – Gas Turbine 2 & 3 DEPARTMENT:Utilities ESTIMATE:$88,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:September 24, 2012 NO. POTENTIAL BIDDERS:1 SUMMARY Bidder:Voith Turbo, Inc. York PA Bid Security:Cashier’s Check Exceptions: Bid Price: Material:$75,900.28 Labor: - - Sales Tax:$ 5,313.02 Total Bid:$81,213.30 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary Larry Keown, Power Plant Supt. - Burdick P1598 Grand Island Council Session - 11/13/2012 Page 74 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-319 WHEREAS, the City of Grand Island invited sealed bids for Burdick Generating Station Torque Converter for Gas Turbines 2 & 3, according to plans and specifications on file with the Utilities Department; and WHEREAS, on October 23, 2012, bids were received, opened and reviewed; and WHEREAS, Voith Turbo, Inc., of York, Pennsylvania, 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 $81,213.30; and WHEREAS, the bid of Voith Turbo, Inc., is less than the estimate for Burdick Generating Station Torque Converter for Gas Turbines 2 & 3. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Voith Turbo, Inc., in the amount of $81,213.30, for Burdick Generating Station Torque Converter for Gas Turbines 2 & 3, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 75 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G7 #2012-320 - Approving Bid Award - Circulation Water Pump Repair at Platte Generating Station Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 11/13/2012 Page 76 / 252 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Meeting Date:November 13, 2012 Subject:Circulation Water Pump Repair Item #’s:G-7 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Platte Generating Station utilizes two circulation water pumps to supply cooling water from the cooling tower to the turbine-generator condenser. Although one pump can satisfy most load conditions, both pumps are required for maximum plant capacity. One of the pumps was leaking excessively from the pump shaft, and had severe corrosion inside the discharge elbow. The pump was pulled by plant staff and sent in for disassembly and inspection to determine the extent of the repairs. Discussion Specifications were developed from the inspection report by plant engineering staff. The specifications for the Circulation Water Pump Repair were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on October 30, 2012. Specifications were sent to three potential bidders and responses were received as listed below. The engineer’s estimate for this project was $100,000.00. Bidder Bid Price JCI, Lee’s Summit, MO $59,492.00 Ruhrpumpen, Inc., Tulsa, OK $69,295.00 Brimhall Industrial, Inc., Monte Vista, CO $70,242.29 Xylem Water Solutions, Pewaukee, WI $82,898.90 HydroAire Service, Inc., Chicago, IL $95,567.00 The bids were reviewed by plant staff. The bids from JCI, Ruhrumpen, Xylem, and HydroAire listed exceptions to the project completion date, which was determined to be unacceptable due to the need to return this pump to service to support plant operation. The bid from Brimhall Industrial listed no exceptions, is compliant with specifications and less than the engineer’s estimate. Grand Island Council Session - 11/13/2012 Page 77 / 252 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 award the Contract for Circulation Water Pump Repair to Brimhall Industrial, Inc. of Monte Vista, Colorado, as the low compliant bidder, with the bid price of $70,242.29. Sample Motion Move to approve the bid of Brimhall Industrial, Inc., for the Circulation Water Pump Repair in the amount of $70,242.29. Grand Island Council Session - 11/13/2012 Page 78 / 252 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 30, 2012 at 2:30 p.m. FOR:Circulation Water Pump Repair DEPARTMENT:Utilities ESTIMATE:$100,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:October 15, 2012 NO. POTENTIAL BIDDERS:3 SUMMARY Bidder:Brimhall Industrial, Inc.Xylem Water Solutions Monte Vista, CO Pewaukee, WI Bid Security:Cashier’s Check Westchester Fire Ins. Co. Exceptions:None None Bid Price: Material:$29,778.00 $34,270.00 Labor:$35,869.00 $46,230.00 Sales Tax:$ 4,595.29 $ 2,398.90 Total Bid:$70,242.29 $82,898.90 Bidder:HydroAire Service, Inc.Ruhrpumpen, Inc. Chicago, IL Tulsa, OK Bid Security:Travelers Casualty & Surety Co.Travelers Casualty & Surety Co. Exceptions:Noted Noted Bid Price: Material:$24,808.00 $18,820.00 Labor:$64,507.00 $49,785.00 Sales Tax:$ 6,252.00 $ 1,320.00 Total Bid:$95,567.00 $69,295.00 Bidder:JCI Grand Island Council Session - 11/13/2012 Page 79 / 252 Lee’s Summit, MO Bid Security:NGM Insurance Co. Exceptions:None Bid Price: Material:$44,600.00 Labor:$11,000.00 Sales Tax:$ 3,892.00 Total Bid:$59,492.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Lynn Mayhew, Assist. Utilities Director P1602 Grand Island Council Session - 11/13/2012 Page 80 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-320 WHEREAS, the City of Grand Island invited sealed bids for Circulation Water Pump Repair at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on October 30, 2012, bids were received, opened and reviewed; and WHEREAS, Brimhall Industrial, Inc., of Monte Vista, Colorado, 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 $70,242.29; and WHEREAS, the bid of Brimhall Industrial, Inc., is less than the estimate for Circulation Water Pump Repair at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Brimhall Industrial, Inc., in the amount of $70,242.29, for Circulation Water Pump Repair at Platte Generating Station, is hereby approved as the lowest responsive bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 81 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G8 #2012-321 - Approving Acquisition of Public Right-of-Way for the Moore's Creek Drainway Extension (Eric M. & Kenda D. Pollock and Barry W. Niedfelt) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 82 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-321 WHEREAS, Public right-of-way is required by the City of Grand Island for the Moore’s Creek Drainway Extension, to construct and maintain such project; and WHEREAS, a public hearing was held on November 13, 2012, for the purpose of discussing the proposed acquisition of the public right-of-way, as follows: Tract 2 – Eric M & Kenda D Pollock - 2.9 Acres @ $15,000/acre = $43,500.00 A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23; THENCE S01°08'02"E (ASSUMED BEARING) ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1054.04 FEET; THENCE S89°28’39”W, A DISTANCE OF 33.00 FEET TO THE WEST RIGHT OF WAY LINE OF NORTH ROAD AND THE POINT OF BEGINNING; THENCE S01°08'02"E ON SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND DESCRIBED AND RECORDED IN DOCUMENT NO. 97-109603; THENCE S89°28'39"W ON SAID NORTH LINE, A DISTANCE OF 332.90 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE S01°08'02"E ON THE WEST LINE OF SAID PARCEL, A DISTANCE OF 300.06 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE S89°22'28"W ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 983.45 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE N01°07'43"W ON THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 80.00 FEET; THENCE N89°22'28"E, PARALLEL WITH AND 80.00 FEET DISTANT FROM SAID SOUTH LINE, A DISTANCE OF 903.44 FEET; THENCE N01°08'02"W, PARALLEL WITH AND 80.00 FEET DISTANT FROM THE WEST LINE OF SAID PARCEL, A DISTANCE OF 300.18 FEET; THENCE N89°28'39"E, PARALLEL WITH AND 80.00 FEET DISTANT FROM THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 379.88 FEET TO THE POINT OF BEGINNING, CONTAINING 2.90 ACRES, MORE OR LESS. Tract 3 – Barry W Niedfelt - 2.59 Acres @ $15,000/acres = $38,850.00 A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23; THENCE S89°16'18"W (ASSUMED BEARING) ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 80.00 FEET; THENCE N01°06'17"W, PARALLEL WITH AND 80.00 FEET DISTANT FROM THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1414.89 FEET; THENCE N89°22'28"E, A DISTANCE OF 80.00 FEET; THENCE S01°07'43"E ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER, A DISTANCE OF 80.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE S01°06'17"E ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1334.75 FEET TO THE POINT OF BEGINNING, CONTAINING 2.59 ACRES, MORE OR LESS. Grand Island Council Session - 11/13/2012 Page 83 / 252 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such public right-of-way from Erik Pollack and Barry Niedfelt, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 84 / 252 MONUMENT FOUNDMONUMENT SET CALCULATED POINTDEEDED DISTANCEGOVERNMENT DISTANCEMEASURED DISTANCEPLATTED DISTANCE RECORDED DISTANCE P R DGM LEGEND P:\Surveying\121267.00 - Grand Island Moores Creek Survey\7 Design\2 Drawings\SV-121267.dwg , on 11/5/2012 11:22 AM. Hastings, NE 402.462.5657 Norfolk, NE 402.371.6416 Lincoln, NE 402.435.3080 Carroll, IA 712.792.9711 800.723.8567 Wahoo, NE 402.443.4661 Nebraska City, NE 402.873.6766 www.jeo.com Grand Island, NE 308.381.7428 Omaha, NE 402.934.3680 South Sioux City, NE 402.494.7019 Ankeny, IA 515.964.5310 OFFICES GRAPHIC SCALE 0 20010050 NE CORNER SEC. 23-T-11-N, R-10-W SEC. 23 SEC. 24 DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET FILE NO. OF 11 11/5/2012 R121267 EG 1"=200' KSL TRACT 2 EXHIBIT VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 23 T11NHALL COUNTY R10WMABEL DR.EDNA DR. SW CORNER NE1/4 NE1/4SEC. 23-T-11-N,R-10-W SE CORNER NE1/4 NE1/4 SEC. 23-T-11-N,R-10-WNORTH ROAD” LEGAL DESCRIPTION: Grand Island Council Session - 11/13/2012 Page 85 / 252 DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET FILE NO. OF 11 11/5/2012 R121267 EG 1"=200' KSL TRACT 3 EXHIBIT MONUMENT FOUNDMONUMENT SET CALCULATED POINTDEEDED DISTANCEGOVERNMENT DISTANCEMEASURED DISTANCEPLATTED DISTANCE RECORDED DISTANCE P R DGM LEGEND VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 23 T11NHALL COUNTY R10W P:\Surveying\121267.00 - Grand Island Moores Creek Survey\7 Design\2 Drawings\SV-121267.dwg , on 11/5/2012 11:23 AM. Hastings, NE 402.462.5657 Norfolk, NE 402.371.6416 Lincoln, NE 402.435.3080 Carroll, IA 712.792.9711 800.723.8567 Wahoo, NE 402.443.4661 Nebraska City, NE 402.873.6766 www.jeo.com Grand Island, NE 308.381.7428 Omaha, NE 402.934.3680 South Sioux City, NE 402.494.7019 Ankeny, IA 515.964.5310 OFFICES GRAPHIC SCALE 0 20010050 SE CORNER SW1/4 SW1/4 NE1/4 SEC. 23-T-11-N, R-10-WMABEL DR.EDNA DR. LILLIE DR.CENTRE ST.NE CORNER SW1/4 NE1/4 SEC. 23-T-11-N, R-10-W LEGAL DESCRIPTION: Grand Island Council Session - 11/13/2012 Page 86 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G9 #2012-322 - Approving Acquisition of Publlic Right-of-Way for the Walk to Walnut Safe Routes to School Project (Grand Island Public Schools) This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 87 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-322 WHEREAS, public right-of-way is required by the City of Grand Island for the Walk to Walnut Safe Routes to School Project, to construct and maintain such project; and WHEREAS, a public hearing was held on November 13, 2012, for the purpose of discussing the proposed acquisition of the Right-of-Way, as follows: A portion of the E ½ of the SW ¼, Section 8, T11N, R9W, Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the northeast corner of Lot 19, Block 2, Imperial Village Subdivision; thence running northerly along the west line of Lot 20, Block 2, Imperial Village Subdivision, a distance of Twenty and Fourteen Hundredths (20.14) feet to the Point of Beginning, thence continuing northerly along said west line of Lot 20, a distance of Eighty Five (85.00) feet; thence deflecting 90°00’00” left, and running a distance of One Hundred Ten (110.00) feet; thence deflecting 90°00’00” left, and running a distance of Eighty Five (85.00) feet; thence deflecting 90°00’00” left, and running a distance of One Hundred Ten (110.00) feet to the Point of Beginning, containing 9,350 square feet more or less. And A portion of the E ½ of the SW ¼, Section 8, T11N, R9W, Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the northeast corner of Lot 20, Block 2, Imperial Village Subdivision; thence running easterly on an extension of the north line of said Lot 20, a distance of Seven and One Hundredths (7.01) feet a point on the west right-of-way line of Custer Avenue, thence running northerly along said west right-of-way line a distance of Eighty Four and Ninety One Hundredths (84.91) feet; thence deflecting 89°42’29” left, and running a distance of One Hundred Forty Seven and Forty One Hundredths (147.41) feet; thence deflecting 90°00’00” left, and running a distance of Eighty Five (85.00) feet to a point on the north line of said Lot 20; thence running easterly along said north line of Lot 20, a distance of One Hundred Forty and Eighty Three Hundredths (140.83) feet to the Point of Beginning, containing 12,541 square feet more or less. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such public right-of-way from Grand Island Public Schools, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 88 / 252 Grand Island Council Session - 11/13/2012 Page 89 / 252 Grand Island Council Session - 11/13/2012 Page 90 / 252 Grand Island Council Session - 11/13/2012 Page 91 / 252 Grand Island Council Session - 11/13/2012 Page 92 / 252 Grand Island Council Session - 11/13/2012 Page 93 / 252 Grand Island Council Session - 11/13/2012 Page 94 / 252 CUSTER AVE.15TH ST. RELOCATED PLAYGROUND AREA BY OTHERS MDS DGH DGH PROJECT NO.SHEET NO. Drawn: Checked: Approved: 10/1/2012Date:$PROJECT$$PENTBLA$PEN:PROJ:USER:DATE:DGN:10/1/2012ROW Sheet 1.DGNMEGAN STARNER--- PROFESSIONAL CIVIL ENGINE E RSTATE OF NEBRASKA HOLLE DOUGLAS G. E-10347 SRTS-40(57), CN 42521 0 20 40 WALNUT MIDDLE SCHOOL RIGHT OF WAY T-1 OWNER DESCRIPTION OWNERSHIP TRACT NO.TAKING SQ. FT. EASEMENTS PERM. EASE. SQ. FT.TEMP. EASE. SQ. FT. CITY OF GRAND ISLAND OF GRAND ISLAND LT 20 BLK 2 IMPERIAL VILLAGE SUB TO THE CITY T-2 OF GRAND ISLAND PT E 1/2 SW 1/4 27.65AC MISCELLANEOUS TRACTS 8-11-9 TO THE CITY LEGEND PERMANENT EASEMENT TEMPORARY EASEMENT 11 EXISTING LOT LINE NEW RIGHT-OF-WAY OF HALL COUNTY, NE SCHOOL DISTRICT NUMBER 2 CONTRACTOR ACCESS AREA CONTRACTOR TO STAY WITHIN CITY PROPERTY LIMITS OF CONSTRUCTION DRIVEWAY GRADING CONTRACTOR TO STAY WITHIN CITY PROPERTY DECLARATION OF USE 13,017 7,97821,891 NO. 2012-264 PER RESOLUTION DECLARATION OF USE NO. 2012-264 PER RESOLUTION PERMANENT EASEMENT AREA DECLARATION OF USE MATCHING NO. 2012-264 PER RESOLUTION DECLARATION OF USE 88.40’ 124.17’ 88.61’56.40’92.40’4500’00" 4500’00" LOT 20 BLOCK 2 T-1 IMPERIAL VILLAGE SUBDIVISION SEC.8, T.11 N., R.9 W. 74.15’ 9017’31"46.00’4500’00" 4500’00" 9000’00"85.00’110.00’85.00’110.00’ 9000’00" 9000’00" 9000’00" 46.00’ T-2 T-2 20.00’69.99’147.41’85.00’9000’00" 9000’00" 9017’31" LOT 19 BLOCK 2 7.01’ 65.97’20.14’70.09’77.16’ 9000’00" 9000’00" 77.59’85.00’T-2 84.91’8942’29"20.00’ T-2 8942’29" 147.84 8942’29" 140.83’ 2133’43" 9000’00" 14.00’ 9000’00" 15826’17"38.09’97.00’9000’00" 16.00’ 14.00’ 14.00’35.00’35.00’35.00’9000’00"51.43’Grand Island Council Session - 11/13/2012 Page 95 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G10 #2012-323 - Approving Agreement for Temporary Construction Easements for the Walk to Walnut Safe Route to School Project Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 96 / 252 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:November 13, 2012 Subject:Approving Agreement for Temporary Construction Easement for the Walk to Walnut Safe Route to School Project Item #’s:G-10 Presenter(s):Terry Brown, Interim Public Works Director Background The Walk to Walnut project will realign the main driveway to Walnut Middle School to match up with the intersection of 15th Street and Custer Avenue and install a traffic signal. The project is mostly funded with Safe Routes to School (SRTS) funds authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users Act (SAFETEA-LU) that are administered by the Nebraska Department of Roads (NDOR). The project will make it safer for children crossing Custer Avenue and encourage more walking and biking to school. A Temporary Construction easement from the Grand Island Public School is necessary for this project to be completed, which must be approved by City Council. Discussion The planned work, as stated in the background will provide for a safer environment for children crossing Custer Avenue and encourage more walking and biking to school. Authorization of the easement document is contingent upon City Council approval. 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 Grand Island Council Session - 11/13/2012 Page 97 / 252 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Agreement for Temporary Construction Easement between the City of Grand Island and the Grand Island Public School in the Walk to Walnut Safe Routes to School Project area. Sample Motion Move to approve the Temporary Construction Easement. Grand Island Council Session - 11/13/2012 Page 98 / 252 Grand Island Council Session - 11/13/2012 Page 99 / 252 Grand Island Council Session - 11/13/2012 Page 100 / 252 Grand Island Council Session - 11/13/2012 Page 101 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-323 WHEREAS, a temporary easement is required by the City of Grand Island, from the Grand Island Public School in the Walk to Walnut Safe Routes to School area, as follows: A portion of the E ½ of the SW ¼, Section 8, T11N, R9W, Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the northeast corner of Lot 20, Block 2, Imperial Village Subdivision; thence west along the north lot line of said Lot 20, a distance of 140.83 feet to the Point of Beginning, thence north deflecting 90°00’00” right, a distance of 85.00 feet; thence deflecting 90°00’00” left, a distance of 77.59 feet; thence deflecting 90°17’31” left, a distance of 85.00 feet to the north line of said Lot 20; thence east along north line of said Lot 20, deflecting 89 42’29” left a distance of 77.16 feet to the Point of Beginning, containing 6,577.08 square feet more or less. And A portion of the E ½ of the SW ¼, Section 8, T11N, R9W, Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the northeast corner of Lot 20, Block 2, Imperial Village Subdivision; thence east along a line paralleling the north lot line of said Lot 20, a distance of 7.01 feet to the west right-of-way line of Custer Avenue, thence north along said west right-of-way line a distance of 84.91 feet to the Point of Beginning; thence continuing north along said west right-of-way line a distance of 70.09 feet; thence deflecting 90°00’00” left, a distance of 20.00 feet; thence deflecting 90°00’00” left, a distance of 85.00 feet; thence deflecting 89°42’29” left, a distance of 20.00 feet to the Point of Beginning, containing 1,400.86 square feet, more or less. WHEREAS, an Agreement for Temporary Easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for Temporary Easement on the above described tracts of land. 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, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 102 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G11 #2012-324 - Approving the Granting of a Permanent Easement to Grand Island Public Schools of Hall County, Nebraska in Connection with the Walk to Walnut Safe Routes to School Project Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 103 / 252 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:November 13, 2012 Subject:Approving the Granting of a Permanent Easement to Grand Island Public Schools of Hall County, Nebraska in Connection with the Walk to Walnut Safe Routes to School Project Item #’s:G-11 Presenter(s):Terry Brown, Interim Public Works Director Background City Council approval is required for the granting of an easement by the City of Grand Island Discussion A permanent easement is needed by Grand Island Public Schools for the construction, operation and maintenance of a driveway to access Walnut Middle School. This is necessary due to the modifications being made with the Walk to Walnut Safe Routes to School 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 Grand Island Council Session - 11/13/2012 Page 104 / 252 Recommendation City Administration recommends that the Council approve a permanent easement to Grand Island Public Schools. Sample Motion Move to approve the permanent easement. Grand Island Council Session - 11/13/2012 Page 105 / 252 Grand Island Council Session - 11/13/2012 Page 106 / 252 Grand Island Council Session - 11/13/2012 Page 107 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-324 WHEREAS, a permanent easement is required by the Grand Island Public Schools in connection with the Walk to Walnut Safe Routes to School Project, for the construction, operation and maintenance of a driveway to access Walnut Middle School; and A portion of Lot 20, Block 2, Section 8, T11N, R9W, Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the northeast corner of Lot 20, Block 2, Imperial Village Subdivision and extending West along the north line of said Lot 20, a distance of 140.83’ to the point of beginning, thence continuing West along said north lot line, a distance of 46.00 feet; thence deflecting 90 17’31”left, a distance of 92.40 feet; thence deflecting left 45 00’00”, a distance of 88.61 feet; thence deflecting 45 00’00” left, a distance of 124.17 feet to a point on the East line of Lot 20; thence North along the east property line of said Lot 20 a distance of 46.00 feet; thence deflecting 90 00’00” left a distance of 88.40 feet; thence deflecting 45 00’00” right, a distance of 74.15 feet; thence deflecting 45 00’00” right, a distance of 56.40 feet to the Point of Beginning, containing 13,017.05 square feet, more or less. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to grant such permanent easement to Grand Island Public Schools, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 108 / 252 Grand Island Council Session - 11/13/2012 Page 109 / 252 Grand Island Council Session - 11/13/2012 Page 110 / 252 Grand Island Council Session - 11/13/2012 Page 111 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G12 #2012-325 - Approving Certificate of Final Completion for Grand Island Quiet Zone Project No. 2012-QZ-1 Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 112 / 252 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:November 13, 2012 Subject:Approving Certificate of Final Completion for Grand Island Quiet Zone Project No. 2012-QZ-1 Item #’s:G-12 Presenter(s):Terry Brown, Interim Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $247,718.25 contract by the City Council on September 13, 2011 for the Grand Island Quiet Zone; Project No. 2012-QZ1, by Resolution No. 2011-242. Change Order No. 1, for incorporating Union Pacific Railroad Special Provisions for City of Grand Island Projects into the contract, was approved by the City Council on October 11, 2011 through Resolution No. 2011-302. Change Order No. 1 was a “no cost” change order. Change Order No. 2, for incorporating requirements as per the Wireline Crossing Agreements for the Wayside Horn System at Walnut Street into the contract, was approved by the City Council on November 8, 2011 through Resolution No. 2011-326. Change Order No. 2 was a “no cost” change order. Change Order No. 3, for substituting “install post” for contract post items, for removing and replacing unsuitable material, for installing tie bars, and for installing conduit and pull box items, was approved by the City Council on March 26, 2012 through Resolution No. 2012-80. Change Order No. 3 was for $806.74. Change Order No. 4 allowed for the replacement of a curb stop valve box and four (4) bollards. This was approved by City Council on May 8, 2012 in the amount of $2,080.00, for a revised contract price of $250,604.99. Grand Island Council Session - 11/13/2012 Page 113 / 252 Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. It was completed with an under run of $3,037.88, for a total cost of $247,567.11. 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 Certificate of Final Completion for Grand Island Quiet Zone Project No. 2012-QZ-1. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/13/2012 Page 114 / 252 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Grand Island Quiet Zone Project No. 2102-QZ-1 CITY OF GRAND ISLAND, NEBRASKA November 13, 2012 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Grand Island Quiet Zone Project No. 2012-QZ-1 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated September 13, 2011. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Grand Island Quiet Zone Project No. 2012-QZ-1 Bid Section Item Quantities Total Amount No.Description Price Bid Placed Completed 1 Mobilization $ 6,750.00 1.00 ea. $ 6,750.00 2 Remove Pavement $ 8.70 1299.70 s.y. $ 11,307.39 3 Remove Sidewalk $ 1.20 3855.49 s.f. $ 4,626.59 4 Remove Driveway $ 7.90 142.50 s.y. $ 1,125.75 5 Remove Curb & Gutter $ 4.30 30.40 l.f. $ 130.72 6 Build 30" Curb & Gutter $ 15.80 1061.50 l.f. $ 16,771.70 7 Build 6" Curb $ 15.00 8.00 l.f. $ 120.00 8 Build 4" Sidewalk $ 3.60 4234.41 s.f. $ 15,243.88 9 Build 6" Sidewalk $ 4.30 2548.18 s.f. $ 10,957.17 10 Build 8" Barrier Curb $ 22.50 697.90 l.f. $ 15,702.75 11 4" Concrete Median $ 43.25 97.86 s.y. $ 4,232.45 12 8" Concrete Pavement $ 38.50 88.52 s.y. $ 3,408.02 13 Dead End Barricade, Type III $ 575.00 14.00 ea $ 8,050.00 14 Earthwork Measured in Embankment $ 12.90 150.00 c.y. $ 1,935.00 15 Detectable Warnings $ 125.00 23.00 ea. $ 2,875.00 Grand Island Council Session - 11/13/2012 Page 115 / 252 16 U Channel Sign Post $ 34.00 0.00 l.f. $ - 17 Ground Sleeve $ 122.00 0.00 ea. $ - 18 Traffic Sign,  4 Sq Ft $ 69.00 14.00 ea. $ 966.00 19 Traffic Sign, 4 Sq Ft  9 Sq Ft $ 106.00 11.00 ea. $ 1,166.00 20 Flagging (Roadway) $ 445.00 0.00 days $ - 21 Railroad Crossing Symbol Preformed Pavement Marking, Type 4 Grooved $ 3,275.00 5.00 ea. $ 16,375.00 22 Permanent Painted pavement Marking - 4" White $ 7.00 0.00 l.f. $ - 23 Wayside Horn and Conformation Signal Installation (Complete) $111,130.00 1.00 ea. $ 111,130.00 24 Riser Meter and Disconnect $ 2,912.00 1.00 ea. $ 2,912.00 25 Precast Concrete Parking Barrier $ 121.00 2.00 ea. $ 242.00 26 5' Chain Link Fence $ 46.00 66.00 l.f. $ 3,036.00 ORIGINAL BID SUBTOTAL = $ 239,063.41 Change Order No. 1 - No Cost $ - Change Order No. 2 - No Cost $ - Change Order No. 3 CO3-A Install Post $ 100.00 11.00 ea. $ 1,100.00 CO3-B U Channel Sign Post $ 34.00 0.00 l.f. $ - CO3-C Ground Sleeve $ 122.00 0.00 ea. $ - CO3-D Remove & Replace Unsuitable Material $ 25.80 65.00 c.y. $ 1,677.00 CO3-E Install Tie Bar $ 6.50 211.00 ea. $ 1,371.50 CO3-F 2-inch Conduit in Trench $ 4.45 130.00 l.f. $ 578.50 CO3-G Install Pull Box $ 260.00 4.00 ea. $ 1,040.00 CO3-H 2-inch Conduit, Jacked $ 9.95 66.00 l.f. $ 656.70 CO3-I Remove Pavement $ 8.70 0.00 s.y. $ - CO3-J 8" Concrete Pavement $ 38.50 0.00 s.y. $ - CHANGE ORDER NO. 3 SUBTOTAL = $ 6,423.70 Grand Island Council Session - 11/13/2012 Page 116 / 252 Change Order No. 4 CO4-A Replace Curb Stop Valve Box $ 100.00 1.00 ea. $ 100.00 CO4-B Bollard $ 495.00 4.00 ea. $ 1,980.00 CHANGE ORDER NO. 4 SUBTOTAL = $ 2,080.00 TOTAL PROJECT COST: $ 247,567.11 I hereby recommend that the Engineer’s Certificate of Final Completion for Grand Island Quiet Zone Project No. 2012-QZ-1 be approved. __________________________________________________________________________________ Terry Brown–Interim City Engineer/Public Works Director Jay Vavricek–Mayor Grand Island Council Session - 11/13/2012 Page 117 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-325 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island issued a Certificate of Final Completion for Project No. 2012-QZ-1, Grand Island Quiet Zone Project, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed such project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No. 2012-QZ-1, Grand Island Quiet Zone Project, in the amount of $247,567.11, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 118 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G13 #2012-326 - Approving Increase to the City's Share of the US Highway 34 Improvements from US Highway 281 to South Locust Street – NDOR Project No. STP 34-4(126); Control No. 41994 Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 119 / 252 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:November 13, 2012 Subject:Approving Increase to the City's Share of the US Highway 34 Improvements from US Highway 281 to South Locust Street – NDOR Project No. STP 34-4(126); Control No. 41994 Item #’s:G-13 Presenter(s):Terry Brown, Interim Public Works Director Background On February 28, 2012 the City Council approved the agreement between the City and Nebraska Department of Roads (NDOR) for the improvements to US Highway 34 from US Highway 281 to South Locust Street. Improvements to this stretch of roadway consisted of the following: Concrete Repair, as necessary; Milling and resurfacing the existing roadway and shoulders with asphaltic concrete; Widening the existing roadway to add left-turn lanes at the intersection with Blaine Street; New roadway lighting for the left-turn lanes; Widening of the Wood River Bridge between Garland and Blaine Street, with new guardrail installed; Removal and replacement of the Wood River overflow bridge just west of Blaine Street with a concrete box culvert; and Culverts under US Highway 34 will be extended between Blaine Street and Catfish Avenue. The improvements to US Highway 34 that require City participation begin approximately 300’ west of De Ann Road and continue east to the west side of South Locust Street. The City of Grand Island will pay 50% of the preliminary engineering, construction and construction engineering costs for this portion of the project. The City’s share was estimated to be $124,889.00, with a total project estimate of $3,083,007.88. Grand Island Council Session - 11/13/2012 Page 120 / 252 Discussion The total construction contract was awarded to Werner Construction, Inc. by NDOR in the amount of $2,333,693.90. The total construction costs for the section requiring the City’s participation is $200,498.01. With project contingencies and construction engineering the City’s share has increased from the estimated $124,889.00 to $129,204.98. The NDOR invoice for this project has been attached for review. 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 increase of the City’s share for the US Highway 34 Improvements from US Highway 281 to South Locust Street with the Nebraska Department of Roads, for a total amount of $129,204.98. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/13/2012 Page 121 / 252 Grand Island Council Session - 11/13/2012 Page 122 / 252 Grand Island Council Session - 11/13/2012 Page 123 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-326 WHEREAS, the Grand Island City Council approved Resolution No. 2012-48 on February 28, 2012, which provided for the City to share in the cost of improving US Highway 34 from US Highway 281 to South Locust Street; and WHEREAS, such improvements consist of concrete repair, as necessary; milling and resurfacing the existing roadway and shoulders with asphaltic concrete; widening the existing roadway to add left-turn lanes at the intersection with Blaine Street; new roadway lighting for the left-turn lanes; widening of the Wood River Bridge between Garland and Blaine Street, with new guardrail installed; removal and replacement of the Wood River overflow bridge just west of Blaine Street with a concrete box culvert; and culverts under US Highway 34 will be extended between Blaine Street and Catfish Avenue; and WHEREAS, the City’s share was originally estimated to be $124,889.00; and WHEREAS, the total construction costs for the section requiring the City’s participation is $200,498.01, which increases the City’s share to $129,204.98, after bids were opened and the NDOR awarded the bid to Werner Construction, Inc. in the amount of $2,333,693.90; and WHEREAS, the $129,204.98 City share accounts for project contingencies and construction engineering. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City’s share of $129,204.98 for such roadway improvements is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 124 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G14 #2012-327 - Approving Public Highway At-Grade Crossing Improvement Agreement with Union Pacific Railroad Company for the Broadwell Avenue Crossing Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 125 / 252 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:November 13, 2012 Subject:Approving Public Highway At-Grade Crossing Improvement Agreement with Union Pacific Railroad Company for the Broadwell Avenue Crossing Item #’s:G-14 Presenter(s):Terry Brown, Interim Public Works Director Background The Various Locations in Grand Island Resurfacing project consists of removal of the top layer of existing bituminous surfacing by cold milling and placement of new Asphaltic Concrete at the following locations. •Blaine Street – Garland Street to Stolley Park Road •Blaine Street – Stolley Park Road to the Beltline Trail •First Street – Walnut Street to Sycamore Street •North Road - 13th Street to State Street •Independence Avenue – Capital Avenue to Nebraska Highway 2 •Broadwell Avenue - Anna Street to Second Street •Broadwell Avenue – Second Street to State Street Select locations have been identified for complete pavement removal and reconstruction due to the lack of structural capacity of the existing pavement. These locations include two blocks on First Street and the southern portion of Independence Avenue. Sidewalk curb ramps at all intersections will be reconstructed to Americans with Disabilities Act (ADA) standards. This project is made possible through funds provided by the Nebraska Department of Roads Surface Transportation Program and the Federal Highway Administration. The total project cost is currently estimated at $3.5 million, with 20% of project costs funded by the City of Grand Island. This project will relieve the City of Grand Island from funding these improvements solely with Streets Division Resurfacing funds or the Capital Improvement Program fund. Grand Island Council Session - 11/13/2012 Page 126 / 252 Discussion Milling and resurfacing work is being planned to go up to the concrete panels at the Union Pacific Railroad (UPRR) crossing on Broadwell Avenue. Other work planned near the railroad crossing includes construction of sidewalk in compliance with the ADA standards. UPRR right-of-way is 130 feet wide at the Broadwell Avenue crossing. UPRR will not allow work to occur on railroad Right-of-Way prior to execution of the Public Highway At-Grade Crossing Improvement Agreement. As per the agreement, the City will require its Contractor to execute a Contractor’s Right of Entry Agreement and to comply with the terms and provisions relating to the work to be performed. Upon execution and delivery of the agreement, the City shall pay UPRR an administrative handling charge of $1,000.00. Approval of Environmental Documents is anticipated to occur in December. Acquisition of easements is anticipated to be completed in March, 2013. Construction is anticipated to begin in the fall of 2013. 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 Mayor to sign the Public Highway At-Grade Crossing Improvement Agreement between the Union Pacific Railroad Company and the City of Grand Island. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/13/2012 Page 127 / 252 Grand Island Council Session - 11/13/2012 Page 128 / 252 Grand Island Council Session - 11/13/2012 Page 129 / 252 Grand Island Council Session - 11/13/2012 Page 130 / 252 Grand Island Council Session - 11/13/2012 Page 131 / 252 Grand Island Council Session - 11/13/2012 Page 132 / 252 Grand Island Council Session - 11/13/2012 Page 133 / 252 Grand Island Council Session - 11/13/2012 Page 134 / 252 Grand Island Council Session - 11/13/2012 Page 135 / 252 Grand Island Council Session - 11/13/2012 Page 136 / 252 Grand Island Council Session - 11/13/2012 Page 137 / 252 Grand Island Council Session - 11/13/2012 Page 138 / 252 Grand Island Council Session - 11/13/2012 Page 139 / 252 Grand Island Council Session - 11/13/2012 Page 140 / 252 Grand Island Council Session - 11/13/2012 Page 141 / 252 Grand Island Council Session - 11/13/2012 Page 142 / 252 Grand Island Council Session - 11/13/2012 Page 143 / 252 Grand Island Council Session - 11/13/2012 Page 144 / 252 Grand Island Council Session - 11/13/2012 Page 145 / 252 Grand Island Council Session - 11/13/2012 Page 146 / 252 Grand Island Council Session - 11/13/2012 Page 147 / 252 Grand Island Council Session - 11/13/2012 Page 148 / 252 Grand Island Council Session - 11/13/2012 Page 149 / 252 Grand Island Council Session - 11/13/2012 Page 150 / 252 Grand Island Council Session - 11/13/2012 Page 151 / 252 Grand Island Council Session - 11/13/2012 Page 152 / 252 Grand Island Council Session - 11/13/2012 Page 153 / 252 Grand Island Council Session - 11/13/2012 Page 154 / 252 Grand Island Council Session - 11/13/2012 Page 155 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-327 WHEREAS, on May 24, 2011 the Grand Island City Council approved the agreement with the Nebraska Department of Roads for the Various Locations in Grand Island Resurfacing Project; and WHEREAS, select locations have been identified for complete pavement removal and reconstruction due to the lack of structural capacity of the existing pavement; and WHEREAS, milling and surfacing work is being planned to go up to the concrete panels at the Union Pacific Railroad (UPRR) crossing on Broadwell Avenue; and WHEREAS, UPRR will not allow work to occur on railroad right-of-way prior to execution of the Public Highway At-Grade Crossing Improvement Agreement; and WHEREAS, upon execution and delivery of the agreement, the City shall pay UPRR an administrative handling charge of $1,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Public Highway At-Grade Crossing Improvement Agreement between the Union Pacific Railroad Company and the City of Grand Island 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, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 156 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G15 #2012-328 - Approving Installation of Four Way Stop at the Intersection of Capital Avenue and Independence Avenue Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 157 / 252 Council Agenda Memo From:Keith Kurz, PW Engineer Meeting:November 13, 2012 Subject:Approving Installation of Four Way Stop at the Intersection of Capital Avenue and Independence Avenue Item #’s:G-15 Presenter(s):Terry Brown, Interim Public Works Director Background The Engineering Division of the Public Works Department received a citizen request for the installation of a flashing light for the crosswalk on Capital Avenue to alert drivers of pedestrians crossing, or a stoplight that could be utilized by an individual pressing the crosswalk button. Both Capital Avenue and Independence Avenue are two lane collector streets. Currently stop controls are present on Independence Avenue. School Crossing signs are present on both Capital Avenue approaches of the intersection. Sight visibility is generally clear from all approaches to the intersection. Discussion A traffic study was completed at the intersection of Capital Avenue and Independence Avenue during peak times of both pedestrian and vehicular traffic. Due to the traffic volumes meeting the Manual on Uniform Traffic Control Devices (MUTCD) criteria and major delays occurring during the peak hours, an all-way stop is being recommended. With northwest Grand Island continuing to grow, this traffic will only increase in the future and the all-way stop will aid in effectively moving traffic along in a timely manner. In addition, to improve the pedestrian safety crosswalk of the intersection adjacent to the school, the proposed all-way stop at this intersection will be helpful in making the crossing of Capital Avenue safer. It should be noted that the safe crossing of Capital Avenue is not the driving force of installing an all-way stop, just an added benefit. Grand Island Council Session - 11/13/2012 Page 158 / 252 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 a resolution approving the installation of a four way stop at the intersection of Capital Avenue and Independence Avenue. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/13/2012 Page 159 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-328 WHEREAS, the City Council, by authority of Section 22-27 of the Grand Island City Code, may by resolution regulate motor vehicle traffic upon the streets of the City of Grand Island; and WHEREAS, due to a citizen request a traffic study was completed at the intersection of Capital Avenue and Independence Avenue; and WHEREAS, stop signs currently exist on Independence Avenue where it intersects with Capital Avenue requiring north/south bound traffic to stop prior to entering said intersection, and WHEREAS, after a review of the traffic flow of the intersection, it was recommended that stop signs be installed on Capital Avenue at Independence Avenue to require all east/west bound traffic to stop prior to entering the intersection; and WHEREAS, it is in the City’s best interest to effect such changes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.Stop signs be installed on Capital Avenue where it intersects with Independence Avenue, which will result in all traffic being required to stop prior to entering such intersection. 2.The Street Division is hereby directed to install such signs to regulate traffic as outlined above. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 160 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G16 #2012-329 - Approving Amendment No. 3 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" with Black & Veatch Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 161 / 252 Council Agenda Memo From:Terry Brown, Manager of Engineering Services Meeting:November 13, 2012 Subject:Approving Amendment No. 3 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" with Black & Veatch Item #’s:G-16 Presenter(s):Terry Brown, Interim Public Works Director Background On October 11, 2011 City Council approved, by Resolution No. 2011-307, the initial agreement with Black & Veatch for project management, collection system master planning and conceptual designs for the Northeast Interceptor sewer, Collection System rehabilitation and Wastewater Treatment rehabilitation. On April 24, 2012 City Council approved, by Resolution No. 2012-111 Amendment No. l to this agreement in continued design effort to finalize design and prepare bidding documents. Bidding documents in Amendment No. l included: Lift Station No. 7 Improvements, 4th to 5th Eddy to Vine, Northeast Interceptor Phase 1A, and 1B, South and West Collection System rehabilitation, and Wastewater Treatment Rehabilitation. At the August 28, 2012 City Council meeting Resolution No. 2012-229 was approved for Amendment No. 2 to this agreement. This amendment added Community Development Block Grant (CDBG) guideline provisions, as well as provided for construction engineering services for the Lift Station No. 7 Improvements and 4th Street to 5th Street; Eddy Street to Vine Street rehabilitation. Discussion Amendment No. 3 provides construction engineering services and resident inspection during construction for the 5th Street Sanitary Sewer Improvements, as well as for the South & West Sewer Interceptor Improvements with the consulting firm Black & Veatch of Kansas City, Missouri. Grand Island Council Session - 11/13/2012 Page 162 / 252 The agreement cost increase for Amendment No. 3 is $265,754.00, resulting in a revised agreement cost of $3,349,989.00. 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 Amendment No. 3 to the original agreement with Black & Veatch of Kansas City, Missouri and pass a Resolution authorizing the Mayor to sign the amendment. Sample Motion Move to approve the resolution authorizing the Mayor to sign Amendment No. 3 with the consulting firm Black & Veatch of Kansas City, Missouri. Grand Island Council Session - 11/13/2012 Page 163 / 252 Page 1 of 11 AMENDMENT NO. 3 TO AGREEMENT BETWEEN CITY OF GRAND ISLAND AND BLACK & VEATCH CORPORATION FOR PROFESSIONAL SERVICES FOR Consulting Engineering Services for the WWTP and Collection System Rehabilitation THIS IS AN AMENDMENT made as of , 2012 to the agreement between City of Grand Island (OWNER) and Black & Veatch Corporation (ENGINEER) dated October 17, 2011, and entitled Consulting Engineering Services for the WWTP and Collection System Rehabilitation. OWNER and ENGINEER agree to amend such Agreement as follows: ARTICLE 4 – COMPENSATION 4.1 The total amount of payments for services and Reimbursable Expenses in accordance with Attachment B-1, Compensation shall be changed from $3,084,235 (per Council Resolution 2011-307 dated October 11, 2011) to $3,349,989 representing an increase of $265,754. The compensation by Task shall be as follows: 1. Task 4.6 – Construction Phase Services – 5th Street Sanitary Sewer Improvements $81,747 2. Task 4.7 – Resident Inspection During Construction – 5th St Sanitary Sewer Imp $114,703 3. Task 4.8 – Construction Phase Services – South & West Interceptor Sewer Imp $45,908 4. Task 4.9 – Resident Inspection During Construction – S & W Interceptor Imp $23,396 ARTICLE 3 – SERVICES TO BE PERFORMED BY ENGINEER The scope of services for this amendment includes the following services: 1. Collection System Rehabilitation – Construction Phase Services for 5th Street Sanitary Sewer Improvements and West & South Interceptor Sewer Improvements. The Scope of Services as described in Attachment A – Scope of Services shall be amended to include the following: Task 4.6 – Construction Phase Services – 5th Street Sanitary Sewer Improvements ENGINEER shall not have the authority or the responsibility to supervise, direct, or control the Contractor’s work or the Contractor’s means, methods, techniques, sequences, or procedures of construction. ENGINEER shall not have authority or responsibility for safety precautions and programs incidental to the Contractor’s work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and performing the work. Specific services to be performed by the ENGINEER for construction administration are as follows: Grand Island Council Session - 11/13/2012 Page 164 / 252 Page 2 of 11 1. Pre-Construction Conference. At date and time selected by the City and at facilities provided by the City, conduct preconstruction conference. The ENGINEER shall prepare an agenda for the conference and record, prepare, and distribute minutes of the conference. The preconstruction conference will include a discussion of the Contractor’s tentative schedule, procedures for transmittal and review of the Contractor’s submittal, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor’s responsibilities for safety and first aid. Discussion regarding the Contractor’s responsibilities for meeting and necessary requirements of the State and Federal Assurances and Requirements for the project included in the Contract Documents will be provided by the City’s Contract Administrator. 2. Construction Staking and Alignment Survey Check. Establish field control points for Contractor to use in constructing the project. The points will be offset stakes at 50’ intervals for the sanitary sewer line along 5th Street as well as offset stakes for manholes and structures. Any re-staking of control points, benchmarks, and/or construction staking damaged or destroyed in the field shall be re-established at the expense of the Contractor. These activities will not relieve the Contractor of the Contractor’s overall responsibility to perform the work in accordance with the Contract Documents. A final as-constructed survey will verify selected elevations and horizontal locations of information provided on the Contractor’s record drawings. Incorporate limits of construction staking in critical boundary areas (A total of 20 hours will be budgeted for the limits of construction staking). 3. Construction Administration. Provide general administration services to facilitate the work by the Contractor is performed in general conformance with the Construction Documents. By performing the services, no authority or responsibility is assumed to supervise, direct, or control the Contractor’s work or the Contractor’s means, method, techniques, or procedures of construction. 4. Attend and Conduct Monthly Construction Progress Meetings. Attend and conduct regularly scheduled construction progress monthly meetings as required by the specifications. Engineer shall prepare agenda and record and distribute meeting minutes of each meeting. Meeting minutes shall include reviews and status of construction activities, construction schedule, requests for information, submittals, contract change requests, contract change orders, and budget reports. The anticipated monthly progress meetings are: 5th Street Sanitary Sewer Improvements - Five (5) meetings 5. Schedule Reviews. Review and comments on the Contractor’s initial and updated construction schedule(s) and advise City as to acceptability. Review and analyze Contractor’s construction schedule(s), activity sequences, and construction procedures with regard to City’s ability to keep existing facilities in operation. 6. Periodic Site Visits. Make periodic site visits to the construction site to observe progress of the work and consult with the City and Contractor concerning problems and/or progress of the work. Grand Island Council Session - 11/13/2012 Page 165 / 252 Page 3 of 11 7. Investigate/Negotiate Contractor Claim. Investigate and process all necessary construction change order justifications and related changes to the contract documents as may be necessary. Negotiate with the Contractor to assist in obtaining a fair price for the work. Said negotiations will be subject to the approval of the City. 8. Administer Change Orders. Review documentation and administer the processing of change orders, including applications for extensions of construction time. Documentation will be provided by Resident Project Representative and Contractor. 9. Review Monthly Contractor Pay Requests. Review and process the Contractor’s monthly payment requests and forward them to the City for approval. Review will be for the purpose of making a full independent mathematical of the Contractor’s payment request. Resident Project Representative will be responsible for reviewing and verifying the quantities of work which are the basis of the payment request. 10. Review Contractor’s Submittals. Review Contractor’s submittals, shop drawings, and other data submitted by the Contractor as required by the construction contract documents. Review will be for general conformity to the construction contract drawings and specifications for the contract, and will not relieve the Contractor of any of his contractual responsibilities. Such review will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 11. Substantial Completion Inspection. Upon request for Substantial Completion, inspect the construction work for compliance with the Contract Documents and prepare a listing of those items to be completed or corrected before final completion of the contract. Submit results of the inspection to the City and Contractor. 12. Final Completion Inspection. Upon completion or correction of the items of work on the punch list, conduct final inspection to determine whether the work is complete. Provide written recommendations concerning final payment to the City including a list of items, if any, to be completed prior to the making of such payment. 13. Prepare Conformed Construction Record Documents. Upon completion of the project, revise the construction drawings to conform to the construction records. Conformed to construction record documents will be provided to the City in electronic PDF format and AutoCAD format. 14. Warranty Inspections. Conduct an inspection during the one-year warranty period at a date to be determined by the City to identify defects of the work that need to be addressed or corrected. As necessary, a formal request will be forwarded to the Contractor requesting corrective action. 15. Public Involvement. ENGINEER will arrange for and conduct an “open house" style public meeting to inform the public of the project and project timelines. This meeting will be held close to the pre-construction meeting of the project. The ENGINEER will also provide informational updates throughout the project (bi-weekly) for the CITY to post on the City’s website and/or release to the press. A total of fourteen (14) bi-weekly updates are anticipated. Individual Grand Island Council Session - 11/13/2012 Page 166 / 252 Page 4 of 11 landowner meetings are also anticipated during the construction of the project. A total of twenty (20) individual landowner meetings are anticipated. 16. Site Conditions. Provide recorded site condition prior to construction, this will be redundant to contractors recorded preconstruction site conditions. The ENGINEER should carefully check the relevant site details and record them in writing, in sketches and in photos which will be compiled into a condition report. This report is supplied to the CITY and may have to be given to neighboring property owners if their property is affected by the construction. Task 4.7 – Resident Observation Services During Construction – 5th Street Sewer Sanitary Sewer Improvements Project ENGINEER, through sub-consultant, shall furnish a Resident Project Representative (RPR) under the project work plan for construction of the work for a cumulative total of the following man hours: 5th Street Sanitary Sewer Improvements - 1,370 hours The man hours are based on an estimated construction length of 28 weeks with an average of 49 hours per week of observation time. Time for meetings, reports, testing, and project close-out items are in addition to the above listed hours and are included in the estimated man hours for this task under separate sub-task items. The RPR will observe the Contractor’s work and perform the services listed below. The RPR shall not have the responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the ENGINEER. This service will in no way relieve the Contractor of complete supervision and inspection of the work or the Contractor’s obligation for complete compliance with the drawings and specifications. The Contractor shall have the sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Specific services performed by the RPR are as follows: 1. Site Observations. Conduct onsite observations on a part-time or full-time basis, depending on the project and work being performed, of the general progress of the work to assist ENGINEER and City in determining if the work is proceeding in accordance with the construction contract documents. Observe pertinent site conditions when Contractor(s) maintain that differing subsurface and physical conditions have been encountered, and document actual site conditions. Working principally through City’s Representative, assist ENGINEER in providing interpretation of the construction contract documents. Transmit ENGINEER’s clarifications and interpretations of the construction contract documents to the City’s Representative. When Contractor’s operations affect City’s onsite operations, assist in obtaining from City additional details or information when required at the jobsite for proper execution of the work. Advise ENGINEER and City’s Representative or its Public Works Engineer immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been previously reviewed and accepted by the ENGINEER. Monitor changes of apparent integrity of the site resulting from construction related activities. Assist in coordinating and scheduling of Grand Island Council Session - 11/13/2012 Page 167 / 252 Page 5 of 11 utility activities to minimize conflicts with City’s activities. Coordinate onsite materials and other field testing services during construction. Provide copies of tests performed and results to ENGINEER and City for review and information. 2. Meetings, Reports, and Documents. Attend the preconstruction conference. Attend monthly progress meetings, and other meetings with the City and the Contractor when necessary, to review and discuss construction procedures and progress scheduling, consulting management procedures, and other matters concerning the project. Submit to ENGINEER and City daily/weekly construction progress reports containing a summary of the Contractor’s progress, general condition of the work, problems, and resolutions or proposed resolutions to problems. Report to ENGINEER and City regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment and advise ENGINEER whether the work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. Review applications for payment with Contractor for compliance with the established procedure for their submission, and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. Maintain a daily diary or log book of events at the jobsite. Provide a copy of the daily diary to ENGINEER and City upon completion of the project. 3. Observe Contractor’s Field Tests. Observe and document field tests of equipment, soils compaction, concrete, structures, and systems including but not limited to; lamping, air, exfiltration, mandrel testing, and review the resulting reports, commenting to ENGINEER, as appropriate. Report to ENGINEER, giving opinions and suggestions based on the Resident Project Representative’s observations regarding the defects or deficiencies in the Contractor’s work and relating to compliance with drawings, specifications, and design concepts. Visually inspect materials, equipment, and supplies delivered to the worksite. Recommend to the ENGINEER the rejection of materials, equipment, and supplies, which do not conform to the construction contract documents. 4. Geotechnical/Testing Services. Coordinate field soils and concrete testing as required or requested by the ENGINEER and City. Based on the estimate of the required number of tests, the following scope of test services is anticipated: 5th Street Sanitary Sewer Improvements Backfill field density tests - 430 tests Concrete sets of cylinder casts and tests - 57 sets and tests Standard Proctor and Atterberg limit tests - 5 tests Sieves (Pipe Bedding Material) - 2 tests Plus supervision, data review, and reports. 5. Completion/Inspections. Assist ENGINEER and City in Certification of Substantial Completion. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. Assist ENGINEER and City in conducting a final inspection in the company of City and Contractor, and prepare a final list of items to be Grand Island Council Session - 11/13/2012 Page 168 / 252 Page 6 of 11 completed or corrected. Verify that all items on the final list have been completed or corrected and make recommendations to ENGINEER and City for determining final acceptance. 6. Isolation / By-Passing / Discharging / Street Closing. The RPR shall not authorize any Wastewater Utility systems isolation, by-passing, or discharging. The City’s Owner Representative shall be notified of the requirement to isolate, by-pass, or discharge. The RPR shall assist in forty-eight (48) hour notification of a required street closing reporting to the city’s Owner Representative. Task 4.8 – Construction Phase Services – South & West Sewer Interceptor Improvements ENGINEER shall not have the authority or the responsibility to supervise, direct, or control the Contractor’s work or the Contractor’s means, methods, techniques, sequences, or procedures of construction. ENGINEER shall not have authority or responsibility for safety precautions and programs incidental to the Contractor’s work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and performing the work. Specific services to be performed by the ENGINEER for construction administration are as follows: 1. Pre-Construction Conference. At date and time selected by the City and at facilities provided by the City, conduct preconstruction conference. The ENGINEER shall prepare an agenda for the conference and record, prepare, and distribute minutes of the conference. The preconstruction conference will include a discussion of the Contractor’s tentative schedule, procedures for transmittal and review of the Contractor’s submittal, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor’s responsibilities for safety and first aid. 2. Establish Baseline Survey/Grade and Alignment Survey Check. Establish field control points for Contractor to use for surveying alignment and grade for the sewer line. Perform necessary survey checks of Contractor installations at critical locations and times during construction. Incorporate limits of construction staking in critical boundary areas (A total of 20 hours will be budgeted for the limits of construction staking). This activity will not relieve the Contractor of the Contractor’s overall responsibility to perform the work in accordance with the Contract Documents. A final as-constructed survey will verify selected elevations and horizontal locations of information provided on the Contractor’s record drawings. 3. Construction Administration. Provide general administration services to facilitate the work by the Contractor is performed in general conformance with the Construction Documents. By performing the services, no authority or responsibility is assumed to supervise, direct, or control the Contractor’s work or the Contractor’s means, method, techniques, or procedures of construction. 4. Attend and Conduct Monthly Construction Progress Meetings. Attend and conduct regularly scheduled construction progress monthly meetings as required by the specifications. Engineer shall prepare agenda and record and distribute meeting minutes of each meeting. Meeting minutes shall include reviews and status of construction activities, construction schedule, requests for information, submittals, contract change requests, contract change orders, and budget reports. The anticipated monthly progress meetings are: Grand Island Council Session - 11/13/2012 Page 169 / 252 Page 7 of 11 South & West Sewer Interceptor Improvements - Two (2) meeting 5. Schedule Reviews. Review and comments on the Contractor’s initial and updated construction schedule(s) and advise City as to acceptability. Review and analyze Contractor’s construction schedule(s), activity sequences, and construction procedures with regard to City’s ability to keep existing facilities in operation. 6. Periodic Site Visits. Make periodic site visits to the construction site to observe progress of the work and consult with the City and Contractor concerning problems and/or progress of the work. 7. Investigate/Negotiate Contractor Claim. Investigate and process all necessary construction change order justifications and related changes to the contract documents as may be necessary. Negotiate with the Contractor to assist in obtaining a fair price for the work. Said negotiations will be subject to the approval of the City. 8. Administer Change Orders. Review documentation and administer the processing of change orders, including applications for extensions of construction time. Documentation will be provided by Resident Project Representative and Contractor. 9. Review Monthly Contractor Pay Requests. Review and process the Contractor’s monthly payment requests and forward them to the City for approval. Review will be for the purpose of making a full independent mathematical of the Contractor’s payment request. Resident Project Representative will be responsible for reviewing and verifying the quantities of work which are the basis of the payment request. 10. Review Contractor’s Submittals. Review Contractor’s submittals, shop drawings, and other data submitted by the Contractor as required by the construction contract documents. Review will be for general conformity to the construction contract drawings and specifications for the contract, and will not relieve the Contractor of any of his contractual responsibilities. Such review will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 11. Substantial Completion Inspection. Upon request for Substantial Completion, inspect the construction work for compliance with the Contract Documents and prepare a listing of those items to be completed or corrected before final completion of the contract. Submit results of the inspection to the City and Contractor. 12. Final Completion Inspection. Upon completion or correction of the items of work on the punch list, conduct final inspection to determine whether the work is complete. Provide written recommendations concerning final payment to the City including a list of items, if any, to be completed prior to the making of such payment. 13. Prepare Conformed Construction Record Documents. Upon completion of the project, revise the Grand Island Council Session - 11/13/2012 Page 170 / 252 Page 8 of 11 construction drawings to conform to the construction records. Conformed to construction record documents will be provided to the City in electronic PDF format and AutoCAD format. 14. Warranty Inspections. Conduct an inspection during the one-year warranty period at a date to be determined by the City to identify defects of the work that need to be addressed or corrected. As necessary, a formal request will be forwarded to the Contractor requesting corrective action. 15. Public Involvement. The ENGINEER will provide informational updates throughout the project (bi-weekly) for the CITY to post on the City’s website and/or release to the press. A total of five (5) bi-weekly updates are anticipated. Individual landowner meetings are also anticipated during the construction of the project. A total of eight (8) individual landowner meetings are anticipated. One “media day” will also be conducted for the project. The “media day” will consist of an on-site meeting to be conducted with the media (media outlets to be chosen and notified by the City) to outline the project specifics (project scope, timeline, potential impacts to landowners, etc). 16. Site Conditions. Provide recorded site condition prior to construction, this will be redundant to contractors recorded preconstruction site conditions. The ENGINEER should carefully check the relevant site details and record them in writing, in sketches and in photos which will be compiled into a condition report. This report is supplied to the CITY and may have to be given to neighboring property owners if their property is affected by the construction. Task 4.9 – Resident Observation Services During Construction – South & West Sewer Interceptor Improvements ENGINEER, through sub-consultant, shall furnish a Resident Project Representative (RPR) under the project work plan for construction of the work for a cumulative total of the following man hours: South & West Sewer Interceptor Improvements - 300 hours The man hours are based on an estimated construction length of 10 weeks with an average of 30 hours per week of observation time. Time for meetings, reports, testing, and project close-out items are in addition to the above listed hours and are included in the estimated man hours for this task under separate sub-task items. The RPR will observe the Contractor’s work and perform the services listed below. The RPR shall not have the responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the ENGINEER. This service will in no way relieve the Contractor of complete supervision and inspection of the work or the Contractor’s obligation for complete compliance with the drawings and specifications. The Contractor shall have the sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Specific services performed by the RPR are as follows: Grand Island Council Session - 11/13/2012 Page 171 / 252 Page 9 of 11 1. Site Observations. Conduct onsite observations on a part-time or full-time basis, depending on the project and work being performed, of the general progress of the work to assist ENGINEER and City in determining if the work is proceeding in accordance with the construction contract documents. Observe pertinent site conditions when Contractor(s) maintain that differing subsurface and physical conditions have been encountered, and document actual site conditions. Working principally through City’s , assist ENGINEER in providing interpretation of the construction contract documents. Transmit ENGINEER’s clarifications and interpretations of the construction contract documents to the City’s Representative . When Contractor’s operations affect City’s onsite operations, assist in obtaining from City additional details or information when required at the jobsite for proper execution of the work. Advise ENGINEER and City’s Representative or its Public Works Engineer immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been previously reviewed and accepted by the ENGINEER. Monitor changes of apparent integrity of the site resulting from construction related activities. Assist in coordinating and scheduling of utility activities to minimize conflicts with City’s activities. Coordinate onsite materials and other field testing services during construction. Provide copies of tests performed and results to ENGINEER and City for review and information. 2. Meetings, Reports, and Documents. Attend the preconstruction conference. Attend monthly progress meetings, and other meetings with the City and the Contractor when necessary, to review and discuss construction procedures and progress scheduling, consulting management procedures, and other matters concerning the project. Submit to ENGINEER and City daily/weekly construction progress reports containing a summary of the Contractor’s progress, general condition of the work, problems, and resolutions or proposed resolutions to problems. Report to ENGINEER and City regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment and advise ENGINEER whether the work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. Review applications for payment with Contractor for compliance with the established procedure for their submission, and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. Maintain a daily diary or log book of events at the jobsite. Provide a copy of the daily diary to ENGINEER and City upon completion of the project. 3. Observe Contractor’s Field Tests. Observe and document field tests of equipment, soils compaction, concrete, structures, and systems including but not limited to; lamping, air, exfiltration, mandrel testing, and review the resulting reports, commenting to ENGINEER, as appropriate. Report to ENGINEER, giving opinions and suggestions based on the Resident Project Representative’s observations regarding the defects or deficiencies in the Contractor’s work and relating to compliance with drawings, specifications, and design concepts. Visually inspect materials, equipment, and supplies delivered to the worksite. Recommend to the ENGINEER the rejection of materials, equipment, and supplies, which do not conform to the construction contract documents. 4. Isolation / By-Passing / Discharging / Street Closing. The RPR shall not authorize any Wastewater Utility systems isolation, by-passing, or discharging. The City’s Representative shall be notified of the requirement to isolate, by-pass, or discharge. The RPR shall assist in forty-eight (48) hour notification of a required street closing reporting to the city’s Representative. Grand Island Council Session - 11/13/2012 Page 172 / 252 Page 10 of 11 5. Geotechnical/Testing Services. Coordinate field soils and concrete testing as required or requested by the ENGINEER and City. Based on the estimate of the required number of tests, the following scope of test services is anticipated: 5th Street Sanitary Sewer Improvements Backfill field density tests - 8 tests Concrete sets of cylinder casts and tests - 2 sets and tests Standard Proctor and Atterberg limit tests - 1 test Plus supervision, data review, and reports. 6. Completion/Inspections. Assist ENGINEER and City in Certification of Substantial Completion. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. Assist ENGINEER and City in conducting a final inspection in the company of City and Contractor, and prepare a final list of items to be completed or corrected. Verify that all items on the final list have been completed or corrected and make recommendations to ENGINEER and City for determining final acceptance. All other provisions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as of the day and year first above written. OWNER: ENGINEER: CITY OF GRAND ISLAND, NEBRASKA BLACK & VEATCH CORPORATION By: By: Title: Jay Vavricek, Mayor Title: Associate Vice President Date: Date: Grand Island Council Session - 11/13/2012 Page 173 / 252 Page 11 of 11 Attest: Date: RaNae Edwards, City Clerk The Amendment is in due form according to law and is hereby approved. Date: Bob Sivick, City Attorney Grand Island Council Session - 11/13/2012 Page 174 / 252 Approved as to Form ¤ ___________ August 14, 2012 ¤ City Attorney R E S O L U T I O N 2012-329 WHEREAS, on October 11, 2012 Grand Island City Council, by Resolution No. 2011-307, approved the consulting agreement with Black & Veatch of Kansas City, Missouri for project management, collection system master planning and conceptual designs for the Northeast Interceptor sewer, Collection System rehabilitation and Wastewater Treatment rehabilitation in the amount of $1,121,160.00, and WHEREAS, on April 24, 2012 Grand Island City Council, by Resolution No. 2012-111, approved Amendment No. 1 to allow for the continuation of the design effort to final design and bidding, in the amount of $1,910,075.00; and WHEREAS, on August 28, 2012 Grand Island City Council, by Resolution No. 2012-229, approved Amendment No. 2 to add CDBG guideline provisions, as well as provide for construction engineering services for the Lift Station No. 7 Improvements and 4th Street to 5th Street, Eddy Street to Vine Street rehabilitation, in the amount of $53,000; and WHEREAS, Amendment No. 3 will provide for construction engineering services and resident inspection during construction for the 5th Street Sanitary Sewer Improvements, as well as for the South & West Sewer Interceptor Improvements with the consulting firm Black & Veatch of Kansas City, Missouri; and WHEREAS, the agreement cost increase for Amendment No. 3 is $265,754.00, resulting in a revised agreement cost of $3,349,989.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that such Amendment No. 3 to the agreement with Black & Veatch of Kansas City, Missouri is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Amendment No. 3 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 175 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G17 #2012-330 - Approving Bid Award for South & West Interceptor Sewer Improvements; Sewer Project No. 2012-S-4 Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 176 / 252 Council Agenda Memo From:Marvin Strong, Wastewater Plant Engineer Meeting:November 13, 2012 Subject:Approving Bid Award for South & West Interceptor Sewer Improvements; Sewer Project No. 2012-S-4 Item #’s:G-17 Presenter(s):Terry Brown Interim, Public Works Director Background On October 4, 2012 the Engineering Division of the Public Works Department advertised for bids for the South & West Interceptor Sewer Improvements; Project No. 2012-S-4. There were 15 potential bidders for the project. Discussion Five (5) bids were received and opened on October 30, 2012. The bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Bidder Exceptions Total Bid SAK Construction, LLC of O’Fallon, MO None $739,547.00 Western Slop Utilities, LLC of Breckenridge, CO None $854,870.00 Insituform Technologies USA, LLC of Chesterfield, MO None $930,526.40 Lametti & Sons, Inc of Hugo, MN None $1,486,575.00 Visu-Sewer, Inc of Pewaukee, WI None $944,569.00 Public Works Staff believes the bid of SAK Construction, LLC of O’Fallon, Missouri, in the amount of $739,547.00 is fair and reasonable, as the Engineer’s estimate was $996,500.00. There are sufficient funds in Account No. 53030055-85213-53016 to fund this project. Grand Island Council Session - 11/13/2012 Page 177 / 252 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 awarding a contract to SAK Construction, LLC of O’Fallon, Missouri, in the amount of $739,547.00. Sample Motion Move to approve the bid award. Grand Island Council Session - 11/13/2012 Page 178 / 252 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 30, 2012 at 2:15 p.m. FOR:Sewer Project 2012-S-4 South & West Interceptor Sewer Improvements DEPARTMENT:Public Works ESTIMATE:$996,500.00 FUND/ACCOUNT:53030055-85213 PUBLICATION DATE:October 4, 2012 NO. POTENTIAL BIDDERS:15 SUMMARY Bidder:SAK Construction, LLC Western Slope Utilities O’Fallon, MO Breckenridge, CO Bid Security:Travelers Casualty & Surety Co.Travelers Casualty & Surety Co. Exceptions:None None Bid Price:$739,547.00 $854,870.00 Bidder:Insituform Technologies USA, LLC Lametti & Sons, Inc. Chesterfield, MO Hugo, MN Bid Security:Travelers Casualty & Surety Co.Hartford Accidental Exceptions:None None Bid Price:$930,526.40 $1,486,575.00 Bidder:Visu-Sewer Pewaukee, WI Bid Security:Merchants Bonding Co. Exceptions:None Bid Price:$944,569.00 Grand Island Council Session - 11/13/2012 Page 179 / 252 cc:Terry Brown, Interim Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Roger Scott, Eng. Technician Mary Lou Brown, City Administrator P1600 Grand Island Council Session - 11/13/2012 Page 180 / 252 Grand Island Council Session - 11/13/2012 Page 181 / 252 BID TABULATION 30-Oct-2012 OA #011-2347 2:15 p.m. Page 1 of 1 CONTRACTORItem No. ITEM UNIT QTY. Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension BASE BID WASTEWATER LAGOONC1.01 Mobilization / Demobilization LS 1 $24,500.00 $24,500.00 $75,000.00 $75,000.00 $29,150.80 $29,150.80 $13,000.00 $13,000.00 $60,000.00 $60,000.00C1.02 Site Restoration LS 1 $4,500.00 $4,500.00 $7,000.00 $7,000.00 $5,485.90 $5,485.90 $12,500.00 $12,500.00 $10,000.00 $10,000.00C1.03 36” C.I.P.P. Liner Installation LF 756 $157.00 $118,692.00 $160.00 $120,960.00 $176.40 $133,358.40 $174.00 $131,544.00 $215.00 $162,540.00C1.04 30” C.I.P.P. Liner Installation LF 2955 $123.00 $363,465.00 $120.00 $354,600.00 $130.60 $385,923.00 $137.00 $404,835.00 $175.00 $517,125.00C1.05 27” C.I.P.P. Liner Installation LF 722 $105.00 $75,810.00 $105.00 $75,810.00 $107.50 $77,615.00 $145.00 $104,690.00 $155.00 $111,910.00C1.06 Bypass PumpingLS 1 $117,500.00 $117,500.00 $181,000.00 $181,000.00 $236,645.10 $236,645.10 $185,000.00 $185,000.00 $600,000.00$600,000.00C1.07 DewateringLS 1 $1,000.00 $1,000.00 $4,000.00 $4,000.00 $1,097.20 $1,097.20 $10,000.00 $10,000.00 $5,000.00 $5,000.00C1.08 S. Locust Bypass Structure LS 1 $25,630.00 $25,630.00 $32,000.00 $32,000.00 $48,276.30 $48,276.30 * $60,000.00 $60,000.00 $10,000.00 $10,000.00C1.09 Burdick Bypass Structure LS 1 $4,950.00 $4,950.00 $1,500.00 $1,500.00 $6,583.10 $6,583.10 $7,500.00 $7,500.00 $5,000.00 $5,000.00C1.10 Traffic ControlLS 1 $3,500.00 $3,500.00 $3,000.00 $3,000.00 $6,391.60 $6,391.60 $15,500.00 $15,500.00 $5,000.00 $5,000.00TOTAL BASE BID:$739,547.00 $854,870.00 930,526.40 $944,569.00 $1,486,575.00Substantially Complete On or Before: Addendum No. 1:Bid Guarantee:Remarks: Visu-Sewer Inc Lametti & Sons Inc.June 30, 2013 June 30, 2013X XSEWER PROJECT 2012-S-4GRAND ISLAND, NEBRASKA - 2012June 30, 2013SOUTH & WEST INTERCEPTOR SEWER IMPROVEMENTSSAK Construction LLCXWestern Slope UtilitiesInsituform Technologies USA, LLCXJune 30, 2013XJune 30, 2013* Extension of Item #C1.08: Bid form listed as $48,276.20, did not affect the Total Base Bid on the Bid form.Grand IslandCouncil Session - 11/13/2012Page 182 / 252 E - 1 CONTRACT AGREEMENT SEWER PROJECT 2012-S-4 SOUTH & WEST INTERCEPTOR SEWER IMPROVEMENTS CITY OF GRAND ISLAND, NEBRASKA – 2012 THIS AGREEMENT made and entered into, by and between SAK Construction, LLC hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for construction of Sewer Project 2012-S-4, South & West Interceptor Sewer Improvements, City of Grand Island, Nebraska - 2012; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his, or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the Contractor for the performance of the Sewer Project 2012-S-4 work embraced in this Contract and the Contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the Contract) of SEVEN HUNDRED AND THIRTY NINE THOUSAND FIVE HUNDRED AND FOURTY SEVEN Dollars ($739,547.00),for all work covered by and included in the Contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE IV. It is understood and agreed that time is the essence of the Contract. No work shall commence until the Certificate of Insurance and bonds (when required) are approved by the City, the Contract is executed, and a Notice to Proceed is issued. The Contractor shall coordinate with the City of Grand Island relative to scheduling work. All work, including restoration, shall be completed by June 30, 2013. Should the Contractor fail to perform the work within the period of time stipulated in the Contract Agreement, the Contractor shall pay to the City, as liquidated damages and not as a penalty, $100.00 per working day of default unless extensions of time are granted by the City specifically to provide for the waiving of liquidated damages. The City shall have the right to Grand Island Council Session - 11/13/2012 Page 183 / 252 E - 2 deduct the liquidated damages from any moneys in its hands, otherwise due, or to be come due, to the Contractor, or to sue for and recover compensation for non-performance of this contract within the time stipulated. ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable local, State and Federal rules and regulations. The Contractor agrees to maintain a drug-free workplace and to provide a copy of its policy to the City upon request. ARTICLE VI. City code states that it is unethical for any person to offer, give, or to agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. ARTICLE VII, Every public contractor and their subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement. SAK CONSTRUCTION, LLC By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: Date City Clerk The contract and bond are in due form according to law and are hereby approved. Date Attorney for the City Grand Island Council Session - 11/13/2012 Page 184 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-330 WHEREAS, the City of Grand Island invited sealed bids for South & West Interceptor Sewer Improvements; Project No. 2012-S-4, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on October 30, 2012 bids were received, opened, and reviewed; and WHEREAS, SAK Construction LLC, of O’Fallon, Missouri 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 $739,547.00; and WHEREAS, the bid of SAK Construction LLC, of O’Fallon, Missouri was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2012/2013 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA. that the bid of SAK Construction LLC, of O’Fallon, Missouri in the amount of $793,547.00 for the South & West Interceptor Sewer Improvements; Project No. 2012-S-4 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 185 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G18 #2012-331 - Approving Agreement for Utility Relocation Services to be Performed by the City Utility Department for the US-30 Drainage Improvement Project Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 186 / 252 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:November 13, 2012 Subject:Approving Agreement for Utility Relocation Services to be performed by the City Utility Department for the US-30 Drainage Improvement Project Item #’s:G-18 Presenter(s):Terry Brown, Interim Public Works Director Background All agreements must be approved by the City Council. The purpose of the US-30 Drainage Improvement project is to construct storm sewer to the detention cell at the former location of the Wasmer Elementary School from connections on Second Street at Logan Street, Broadwell Avenue, and Madison Street. The improvements will significantly reduce the likelihood of flooding during storm events on Second Street. The project includes constructing drainage inlets on First Street and Division Street between Logan Street and Madison Street, which will provide drainage relief in those areas as well. This project will receive Federal Funding through the Surface Transportation Program (STP). The Federal Highway Administration (FHWA) has agreed to participate on 77% of the construction and utility relocation costs, which STP funding would then be applied on an 80/20 basis. The actual funding split for construction and utility relocation costs will be 61.6% Federal Aid and 38.4% local funds. On Logan Street between Second Street and First Street, storm sewer will be constructed on the public right-of-way on the east side of the pavement. This location was selected in order to avoid conflicts with an existing 20” water main under the pavement on Logan Street. The storm sewer will conflict with underground power infrastructure located near the utility easement between Second Street and First Street. Grand Island Council Session - 11/13/2012 Page 187 / 252 Discussion The City of Grand Island Utility Department prepared plans and a cost estimate to relocate the underground power infrastructure into the utility easement east of the conflict with the planned storm sewer. Relocation work includes removal and replacement of asphalt pavement, installation of a new sectionalizing cabinet, and replacement of underground power cable. The estimated cost for relocation of the underground power infrastructure is $29,660.00. The Nebraska Department of Roads Local Projects Division determined that since the work will be performed by City forces, an agreement between the City of Grand Island and the Nebraska Department of Roads was appropriate. The City will be reimbursed 61.6% of the actual costs. The Capital Improvement Program will fund the City’s share of 38.4%. Approval of Environmental Documents was received in July. Approval of 90% Plans and acquisition of easements are anticipated to be completed in the next three months. Construction of this project is anticipated to begin in 2013. 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 agreement for Utility Relocation Services to be performed by the City Utility Department for the US-30 Drainage Improvement Project. Sample Motion Move to approve the agreement. Grand Island Council Session - 11/13/2012 Page 188 / 252 PROFESSIONAL SERVICES, LPA STAFF UTILITY SERVICES NEBRASKA DEPARTMENT OF ROADS CITY OF GRAND ISLAND, NEBRASKA PROJECT NO. URB-30-4(158) CONTROL NO. 40352A US-30 DRAINAGE IMPROVEMENT THIS AGREEMENT, made and entered into by and between the Nebraska Department of Roads, hereinafter referred to as the "State", and the City of Grand Island, Nebraska, hereinafter referred to as the Local Public Agency (LPA)”. WITNESSETH WHEREAS, the LPA and State have entered into a Program Agreement for the above named project executed on April 21, 2011, and identified as Agreement No. BL1190, and WHEREAS, the approximate location of LPA’s project is shown on Exhibit “A”, which is attached and hereby made a part of this agreement, and WHEREAS, the project will be the sole responsibility of the LPA; no State funds will be used for this project, and the State’s involvement in this project is expressly limited to acting as the representative of the FHWA for eligibility of the project for federal funding; WHEREAS, the LPA desires to perform underground power line relocation services for this project using LPA’s own staff, and WHEREAS, the LPA staff is properly qualified and meets all requirements to provide professional services for this project, and WHEREAS, the LPA desires to be reimbursed for this work from Federal funds made available for this project, and WHEREAS, LPA is willing to perform the services in accordance with the terms hereinafter provided, agrees to comply with all federal, state, and local laws and ordinances applicable to this agreement, and agrees to comply with all applicable federal-aid transportation related program requirements, so that LPA’s project will be eligible for federal reimbursement and WHEREAS, the State is willing to reimburse LPA for its work under this Agreement with federal funds so long as the LPA’s services remain eligible for federal funding. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: Grand Island Council Session - 11/13/2012 Page 189 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 2 - Template Revised 5-31-12 SECTION 1. DEFINITIONS Wherever in this agreement the following terms are used, they shall have the following meaning: “LPA” stands for Local Public Agency, and in this agreement means the City of Grand Island, Nebraska, unless the context otherwise requires. LPA may also be used to refer generally to other Local Public Agencies. 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. "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 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. “PHASE OF WORK” means the distinct work phases established for federal aid transportation projects and are the following; 1. Preliminary Engineering/NEPA (PE) 2. Final Design 3. Right-of-Way (ROW) 4. Utilities 5. Construction Engineering (CE) 6. Construction Each new work phase requires FHWA to: 1) approve obligation of funds, 2) authorize work in that phase to begin, and 3) NDOR to issue a notice-to-proceed to the LPA. To "ABANDON" this agreement means that the State has determined that conditions or intentions as originally existed have changed and that the agreement as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the work means that the State has determined that progress is not sufficient, or that the conditions or intentions as originally existed have changed, or the work Grand Island Council Session - 11/13/2012 Page 190 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 3 - Template Revised 5-31-12 completed or submitted is unsatisfactory, and that the work as contemplated herein should be stopped on a temporary basis. This cessation will prevail until the State determines to terminate the work or to reinstate it under the conditions as defined in this agreement. To "TERMINATE" is to end this agreement before the time set out in the TERM OF THE AGREEMENT section. SECTION 2. THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK SECTION 3. PROGRAM AGREEMENT All terms of the project Program Agreement will remain in full force and effect. This agreement provides more specific terms related to the preliminary engineering phase of LPA’s project. The terms of the Program Agreement govern over contrary or inconsistent terms of this agreement, unless a provision of this agreement specifically supersedes a provision of the Program Agreement. SECTION 4. TERM OF THE AGREEMENT This agreement becomes effective on the date it is signed by the State and will end upon: (1) the waiver of an audit review or (2) the final completion of an audit review by the State or its authorized representative, and the resolution of all issues identified in the audit report. SECTION 5. SCOPE OF SERVICES (LPA provided PE) The LPA shall provide underground power line relocation services for Project URB-30- 4(158), Control No. 40352A, in Hall County, Nebraska. Upon receiving a written notice to proceed from the State, the LPA shall complete the services required under this agreement as set out in Section 13 of the project Program Agreement and as set out in Exhibit “B”, Scope of Services, and the State approved LPA cost estimate, both of which are attached and hereby made a part of this agreement. The LPA is solely responsible for completing all necessary tasks related to the preliminary engineering for this project. LPA shall comply with all applicable federal, state and local laws and the LPA Manual concerning the preliminary engineering of the project. The plans and specifications must be completed and approved by the State before LPA’s work on this phase is considered complete. State authorized changes in the scope of services, which increase or decrease work- hours or services required of the LPA, may provide the basis for changes to the total costs of the services and, when necessary, to the completion date set out in the NOTICE TO PROCEED AND COMPLETION DATE section of this agreement. Grand Island Council Session - 11/13/2012 Page 191 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 4 - Template Revised 5-31-12 SECTION 6. LPA STAFF The LPA will complete the professional services for this project with its own staff. LPA’s staff shall be properly qualified by education, training, credentials, and experience to complete the work under this agreement. SECTION 7. NEW EMPLOYEE WORK ELIGIBILITY STATUS (This version is for LPA provided professional services agreements only.) The LPA 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 under this agreement. The LPA hereby agrees to contractually require any Consultants or 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 LPA, 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 Local Public Agency 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. SECTION 8. NOTICE TO PROCEED AND COMPLETION DATE The State will issue the LPA a written Notice-to-Proceed (NTP) upon full execution of this agreement and upon verification that Federal funding approval has been obtained for the services under this agreement. Any work or services performed by LPA on the project prior to the date specified in the written Notice-to-Proceed is not eligible for reimbursement. LPA agrees to prosecute this work promptly to completion, or the LPA will be subject to the provisions of the SUSPENSION OR TERMINATION section of this agreement. SECTION 9. REIMBURSEMENT AND INVOICING For performance of the services described in this agreement, the LPA will be reimbursed for direct costs and indirect costs as defined below in this section, that are allowable subject to Grand Island Council Session - 11/13/2012 Page 192 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 5 - Template Revised 5-31-12 the terms of this agreement and to all requirements and limitations of the State policies and the federal cost principles contained in 2 CFR 225 – Cost Principles for State, Local and Tribal Governments and the Federal Acquisition Regulation (48 CFR 31). The total agreement amount is $29,660, of which $18,271 is the Federal share and $11,389 is the LPA share. A. Direct costs must be incurred specifically for the services performed under this agreement, and include: 1. Direct Labor Costs – (a) Hourly Rates: For time devoted and identified specifically for work under this agreement and based upon actual hours as documented by time reports that account for all hours compensated during the pay period and billed at actual labor rates. (b) Time Reports: The hours charged to the project must be supported by adequate time distribution records that clearly indicate the distribution of hours to all projects/activities on a daily basis for the entire pay period. Time reports must provide a clear identifying link to the projects: such as project description, project number, pertinent work phase, dates of service, and the individual’s name and position (as required by LPA Manual Chapter 13, paragraph. 13.4.7). There must be an adequate system of internal controls in place to ensure that time charges are correct and have the appropriate supervisory approval. 2. Labor Fringe Benefits – provided they are: a) reasonable, b) required either by law, labor agreements or an established policy of the LPA, c) are equitably allocated to all activities, d) the accounting basis (cash or accrual) is consistently followed by the LPA, e) are eligible in accordance with 2 CFR part 225 (OMB Circular A-87), and f) the allocation rate has been reviewed and approved by NDOR and/or FHWA for the work under this agreement. Fringe benefit costs include:  Paid Leaves (holiday, vacation, sick, court, military, etc.)  Employer contributions or expenses for: a. Social Security and Medicare b. Employee life and life insurance c. Unemployment insurance d. Worker’s compensation insurance Grand Island Council Session - 11/13/2012 Page 193 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 6 - Template Revised 5-31-12 e. Retirement/Pension plan costs f. Other similar benefits 3. Direct Non-labor costs – These costs include all necessary, actual, and allowable costs related to completing the work under the agreement, subject to limitations and restrictions described below and in the Program Agreement, including but not limited to: meals, lodging, mileage, subject to the limitations outlined below; communication costs; reproduction and printing costs; special equipment and materials required for the project; approved equipment purchases or other capital expenditures necessary for the project: and such other allowable items. The State will reimburse the LPA for all necessary, allowable, eligible and properly documented direct non-labor costs related to the work under this agreement provided that costs of this nature are not also included in an indirect cost rate. The following expenses will be reimbursed as outlined in this agreement based on actual costs, not to exceed the rates as shown below. (a) The reimbursement for mileage associated with the use of LPA owned vehicles shall be the prevailing standard rate as established by the Internal Revenue Service (IRS) through its Revenue Procedures. Reimbursement for mileage associated with the use of a privately owned vehicle (POV), is limited to the lesser of: 1) The mileage rate which the consultant reimbursed to the person who submitted the claim for POV use, or 2) The prevailing standard rate as established by the IRS. (b) Automobile Rentals and Air Fares will be actual reasonable cost and if discounts are applicable the Consultant shall give the State the benefit of all discounts. (c) The reimbursement for meal and lodging rates shall be limited to the prevailing standard rate as indicated in the current website address for U.S. General Services Administration’s (GSA) rates which is indicated below: http://www.gsa.gov/portal/category/100120 1) For the LPA 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. Grand Island Council Session - 11/13/2012 Page 194 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 7 - Template Revised 5-31-12 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 LPA shall note the actual lodging and meal 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 the GSA rates set out above. B. Indirect Cost Rates are incurred for common purposes and provide a benefit to the entire organizational entity. These costs are recovered through an indirect cost rate applied as a percentage to direct labor. LPA’s indirect costs will only be allowed under the following conditions: 1) The LPA has an indirect cost rate that is supported by an Indirect Cost Allocation Plan (ICAP) which has been developed in accordance with 2 CFR 225 – Cost Principles for State, Local and Tribal Governments [OMB Circular A-87], and 2) The indirect cost allocation rate has been approved in advance by NDOR. (If the LPA has already in place an ICAP which has been reviewed and approved by the LPA’s cognizant Federal agency, the ICAP will be considered for acceptance by FHWA and NDOR.) C. Invoices and Progress Reports. The LPA shall submit invoices to the State no more frequently than at monthly intervals. The invoices must present actual direct and indirect costs, as described above, billed for that period. The invoices must identify each employee by name and classification, 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. Grand Island Council Session - 11/13/2012 Page 195 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 8 - Template Revised 5-31-12 Each monthly invoice must be substantiated by a progress report which is to include/address, as a minimum: 1. A description of the work completed for that period 2. A description of the work anticipated for the next pay period 3. Information needed from the State 4. Percent of work completed to date 5. A completed “Cost Breakdown Form” which is located on the State’s webpage at www.transportation.nebraska.gov/rfp. If the LPA does not submit a monthly invoice, it shall submit its progress report monthly. D. Progress Payments. Payments will not be made unless the monthly progress reports provide adequate substantiation for the work and whether the State determines that the work has been properly completed. The State will make a reasonable effort to pay the LPA within 30 days of receipt of the LPA invoices. E. Final Invoice. Upon completion of the work under this agreement, the LPA shall submit their final invoice identifying it as the final invoice. F. Final Payment. Upon determination that the work was adequately substantiated and satisfactory, reimbursement will be made in the amount of 80 percent of the billed eligible actual costs. The acceptance by the LPA of the final payment will constitute and operate as a release to the State for all claims and liability to the LPA, its representatives, and assigns, for any and all things done, furnished, or relating to the services rendered by or in connection with this agreement or any part thereof. G. Audit and Final Cost Adjustment. When the work is completed, the State will complete an audit review of the payments made under this agreement. The LPA agrees to reimburse the State for any overpayments identified in the audit review, and the State agrees to reimburse the LPA for any identified underpayments. The LPA agrees to pay the State within thirty days after receipt of a billing from the State. H. LPA Cost Record Retention. The LPA 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 agreement period and for three years from the date of final cost settlement by FHWA under this agreement and project closeout by the State. Such materials must be available for inspection by the State, FHWA, or any authorized representative of the federal government, and when requested, the LPA shall furnish copies. Grand Island Council Session - 11/13/2012 Page 196 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 9 - Template Revised 5-31-12 SECTION 10. PROFESSIONAL PERFORMANCE (LPA provided) The LPA understands that it is solely responsible for the quality of the professional services it is providing for this project. LPA believes that LPA employees have the necessary professional training, experience and ability to properly complete the work under this agreement. Examination by the State, or FHWA, or any acceptance or use of, or acquiescence in the LPA’s work product, will not be considered to be a full and comprehensive examination and will not be considered approval of the LPA’s work product which would relieve the LPA from liability or expense that would be connected with the LPA’s sole responsibility for the propriety and integrity of the professional work to be accomplished by the LPA pursuant to this agreement. The LPA further understands that acceptance or approval of any of the work of the LPA by the State or FHWA, or of payment, partial or final, will not constitute a waiver of any rights of the State, or in any way relieve the LPA from any liability or expenses due to error, omission, or negligence of the LPA in its work. That further, if due to error, omission, or negligence of the LPA, the work product of the LPA 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 LPA’s work product is necessary, the LPA shall make such revisions without expense to the State. The LPA shall respond to the notice of any errors, omissions or negligence within 24 hours and give immediate attention to necessary corrections. If the LPA discovers errors, omissions, or negligence in its work, it shall notify the State of such within 24 hours. Failure of the LPA to notify the State will constitute a breach of this agreement. The LPA’s legal liability for any or all damages incurred by the State or by others caused by error, omission, or negligent acts of the LPA will be borne by the LPA without liability or expense to the State and will not be considered eligible for reimbursement with federal funds. SECTION 11. SUSPENSION OR TERMINATION Suspension. The State, in its sole discretion, reserves the right to suspend both (1) NDOR’s work under this agreement and (2) LPA’s right to incur any additional reimbursable costs under this agreements when the State determines that there are project performance, LPA’s lack of responsiveness, quality or eligibility issues that must be corrected by LPA. The State shall provide LPA with notice of the suspension including a description of the reason(s) for the suspension, a timeframe for LPA to correct the deficiencies, and when applicable, a description of the actions that must be taken for the State to revoke the suspension. Grand Island Council Session - 11/13/2012 Page 197 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 10 - Template Revised 5-31-12 A suspension may also be imposed by the State for any of the reasons listed in the Termination subsection below, or for any significant change in the scope of the project that has not been previously approved by the State or FHWA. (PE ONLY) Failure to correct the deficiencies identified in a suspension will be grounds for the loss of eligibility for federal funding for the project and for termination of this agreement. Termination. This agreement may be terminated for the following reasons: 1. The State and the LPA, by mutual written agreement, may terminate this agreement at any time. 2. The State may terminate this agreement for the following reasons: (a) A decrease or shift in available federal-aid funding that will, in the sole discretion of the State, make it unlikely or impossible for this project to be prioritized to receive federal-aid funding. (b) When LPA’s project has not been properly advanced as evidenced by the occurrence of any of the following events: (i) LPA has not sought reimbursement from State for any RC or other eligible project costs for a period of one year. (ii) LPA has not advanced the project to Right of Way acquisition or construction within the time periods set out in 23 USC Section 102(b) and 23 CFR part 630.112(c)(2) (10 years), and 23 USC Section 108 (a)(2) and 23 CFR Part 630.112(c)(2) (20 years). (See also the FHWA Federal-Aid Policy Order number 5020.1, dated April 26, 2011.) (iii) LPA’s designated RC has not met all RC qualification requirements for the project by the time specified by the State. (iv) LPA has failed to replace the RC with an RC approved by the State within 30 days during the design stage or 10 days during the project letting or construction stages, from when the RC leaves, or is removed from the project for any reason. (v) LPA either (1) informs the State that it is unwilling to use condemnation to acquire any of the property interests needed to construct the project, or (2) fails to complete the right of way acquisition process by deed or condemnation action within the time necessary to allow the project to have construction funds authorized within the programmed year of the Surface Transportation Improvement Program (STIP). Grand Island Council Session - 11/13/2012 Page 198 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 11 - Template Revised 5-31-12 (vi) LPA has failed to cause the project to be ready for the targeted letting date by obtaining construction funds authorization within the programmed year of the STIP. (c) LPA’s failure to meet the requirements for Federal-aid local projects found in federal, state, or local law or policy, or the requirements of the LPA Guidelines Manual. (d) A notice or declaration of FHWA or the State that any part of the project is or has become ineligible for federal funding. (e) LPA’s failure to sign any State drafted or approved project agreement including supplemental agreements. (f) LPA’s breach of a provision of this agreement. (g) LPA’s failure to cause the project to be constructed according to the approved project plans and specifications. CE agreements only. 3. The LPA may terminate the agreement upon sixty (60) days written notice of termination to the State, subject to the LPA meeting the conditions of paragraph 5 below. 4. Prior to the State terminating this agreement, the State shall provide written notice to the LPA of the basis for termination and, when applicable, provide the LPA sixty (60) days to properly resolve all issues identified by the State. 5. Whenever the agreement is terminated for any reason, LPA shall (a) repay State all Federal-aid funds that have been expended under this agreement and (b) pay State for all of State’s costs under this agreement have not been reimbursed under 5.(a). Further, the LPA will thereafter be solely responsible for all costs under this agreement. SECTION 12. DOCUMENT RETENTION (LPA provided): The LPA shall retain all applicable documents listed in Section 14.8 of the LPA Manual for the periods of time specified therein. SECTION 13. CONFLICT OF INTEREST The LPA shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR 18.36(b)(3) 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. LPA should review, understand and follow the instructions provided in the NDOR CONFLICT OF INTEREST GUIDANCE DOCUMENT for LPA OFFICIALS, EMPLOYEES & AGENTS for LOCAL FEDERAL-AID TRANSPORTATION PROJECTS located on the State website at the following location: http://www.dor.state.ne.us/gov-aff/lpa/chapter-forms/coi/coi-guidance-doc-lpa.pdf Grand Island Council Session - 11/13/2012 Page 199 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 12 - Template Revised 5-31-12 In the event a consultant is used by the LPA on this project, the Consultant must also complete and sign the Conflict of Interest Disclosure Form for Consultants for Local Federal-aid Transportation Projects, for each project. This form is located on the State website at the following location: http://www.dor.state.ne.us/gov-aff/lpa/chapter-forms/coi/coi- disclosure-doc-consultant.pdf Consultants and Subconsultants providing services for LPA’s, or submitting proposals for services, shall have the duty to notify the LPA and the NDOR LPD PC and submit a revised Conflict of Interest Disclosure Form for Consultants for any changes in circumstances, or discovery of any additional facts, that could result in someone employed by, or who has an ownership, personal, or other interest with Consultant or Subconsultant having a real or potential conflict of interest on an LPA federal-aid transportation project. SECTION 14. USE AND/OR RELEASE OF PRIVILEGED OR CONFIDENTIAL INFORMATION Certain information provided by the State or maintained by the LPA is confidential information contained within privileged documents protected by 23 U.S.C. §409. "Confidential information" means any information that is protected from disclosure pursuant to state and federal law and includes, but is not limited to, accident summary information, certain accident reports, diagnostic evaluations, bridge inspection reports, and any other documentation or information that corresponds with said evaluations or reports, and any other information protected by 23 U.S.C. §409. "Privileged document" means any document pertaining to any file or project maintained by the LPA or State that is privileged and protected from disclosure, pursuant to appropriate state and federal law, including any document containing attorney-client communications between an LPA or State employee and Legal Counsel. This confidential and privileged information is vital and essential to the LPA in order that the LPA adequately design the project at hand. The LPA agrees it will only use any information or documentation that is considered to be privileged or confidential for the purposes of executing the services by which it has agreed to render for this project only. The LPA agrees not to reveal, disseminate, or provide copies of any document that is confidential and privileged to any individual or entity. The State or the LPA agrees that any information or documentation that is considered to be privileged or confidential that is provided to LPA will be marked with the following information (Approved 11/4/11): “CONFIDENTIAL INFORMATION: Federal Law, 23 U.S.C §409, prohibits the production of this document or its contents in discovery or its use in evidence in a State or Federal Court. The State of Nebraska [or LPA] has not waived any privilege it may assert as provided by that law Grand Island Council Session - 11/13/2012 Page 200 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 13 - Template Revised 5-31-12 through the dissemination of this document and has not authorized further distribution of this document or its contents to anyone other than the original recipient.” The LPA agrees to obtain the written approval of the State prior to the dissemination of any privileged or confidential information or documentation if it is unclear to the LPA whether such information or documentation is in fact privileged or confidential. The LPA and the State agree that any unauthorized dissemination of any privileged or confidential information or documentation on the part of the LPA will create liability on the part of the LPA to the State for any damages that may occur as a result of the unauthorized dissemination. The LPA agrees to hold harmless, indemnify, and release the State for any liability that may ensue on the part of the State for any unauthorized dissemination of any privileged or confidential information or documentation on the part of the LPA. SECTION 15. THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK SECTION 16. THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK SECTION 17. APPLICABLE LEGAL AND PROGRAM REQUIREMENTS By requesting reimbursement with Federal-aid funds for its project, LPA agrees to be bound by the applicable provisions of federal, state and local laws concerning transportation projects of this type. Title 23 U.S.C., 23 CFR, and 49 CFR - Title 23, Chapter I, of the United States Code contains most of the federal laws governing this Federal-aid transportation project. Title 23 of the Code of Federal Regulations is a codification of the rules and regulations including provisions governing Federal-aid highway projects administered by the Federal Highway Administration, Department of Transportation. Title 49 of the Code of Federal Regulations, Parts 1-99, also includes regulations applicable to LPA’s Federal-aid highway project. The Federal-aid highway program provisions of 49 CFR are found primarily in Parts 18, 19, 24, 26-29, 32, 37 and 38. LPA also agrees to develop its project in strict compliance with the provisions of the LPA Guidelines Manual for Federal Aid Projects (the Manual), which is hereby incorporated herein by this reference. The Manual is a document drafted in part, and formally approved, by the FHWA as a document setting out requirements for projects funded with Federal-aid funds. A current version of the Manual can be found in its entirety at the following internet address: http://www.transportation.nebraska.gov/gov-aff/lpa-guide-man.html. Grand Island Council Session - 11/13/2012 Page 201 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 14 - Template Revised 5-31-12 SECTION 18. 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 State or a duly authorized representative, whose decision in the matter will be final and conclusive on the parties to this agreement. SECTION 19. HOLD HARMLESS PROVISION The LPA agrees to save harmless the State from all claims and liability due to the error, omission, or negligence of the LPA or those of the LPA’s agents or employees in the performance of work under this agreement. SECTION 20. PROFESSIONAL REGISTRATION The LPA shall affix the seal of a registered professional engineer or architect licensed to practice in the State of Nebraska, on all documents, plans, and specifications prepared under this agreement as required by the Nebraska Engineers and Architects Regulations Act, Neb.Rev.Stat §81-3401 et. seq. SECTION 21. SUCCESSORS AND ASSIGNS This agreement is binding on successors and assigns of either party. SECTION 22. DRUG FREE WORKPLACE POLICY See Program Agreement SECTION 23. FAIR EMPLOYMENT PRACTICES ACT See Program Agreement SECTION 24. DISADVANTAGED BUSINESS ENTERPRISES See Program Agreement SECTION 25. NONDISCRIMINATION See Program Agreement SECTION 26. SUBLETTING, ASSIGNMENT, OR TRANSFER Any subletting, assignment, or transfer of any professional services to be performed by the LPA is hereby prohibited unless prior written consent of the State is obtained. 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 or contracts, either oral or written hereto. Grand Island Council Session - 11/13/2012 Page 202 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvement - 15 - Template Revised 5-31-12 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 Local Public Agency. EXECUTED by the LPA this _____ day of _______________________, 2012. WITNESS: CITY OF GRAND ISLAND RaNae Edwards Jay Vavricek _______________________________ ___________________________________ LPA Clerk Mayor EXECUTED by the State this _____ day of ____________________, 2012. NEBRASKA DEPARTMENT OF ROADS Anthony Dirks, P.E. ______________________________ Urban Section Engineer Grand Island Council Session - 11/13/2012 Page 203 / 252 Grand Island Council Session - 11/13/2012 Page 204 / 252 Grand Island Council Session - 11/13/2012 Page 205 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-331 WHEREAS, the City of Grand Island Utility Department has prepared plans and a cost estimate to relocate the underground power infrastructure into the utility easement east of the 20” water main conflict in connection with the planned storm sewer for the US-30 Drainage Improvement Project; and WHEREAS, relocation work includes removal and replacement of asphalt pavement, installation of a new sectionalizing cabinet, and replacement of underground power cable; and WHEREAS, the estimated cost for relocation of the underground power infrastructure is $29,660.00, and WHEREAS, the Nebraska Department of Roads Local Projects Division determined that since the work will be performed by City forces, an agreement between the City of Grand Island and the Nebraska Department of Roads was appropriate; and WHEREAS, the City will be reimbursed 61.6% of the actual costs, with the Capital Improvement Program funding the City’s share of 38.4%. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Utility Relocation Services Agreement between the City of Grand Island and the Nebraska Department of Roads for such services to be performed by the Grand Island Utility Department 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, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 206 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G19 #2012-332 - Approving Program Supplemental Agreement No. 1 with the State of Nebraska Department of Roads for the US Highway 30 Drainage Improvement Project Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 207 / 252 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:November 13, 2012 Subject:Approving Program Supplemental Agreement No. 1 with the State of Nebraska Department of Roads for the US Highway 30 Drainage Improvement Project Item #’s:G-19 Presenter(s):Terry Brown, Interim Public Works Director Background On April 12, 2011, the Grand Island City Council approved a resolution authorizing the Mayor to sign the program agreement with the Nebraska Department of Roads for the US-30 Drainage Improvement Project. This project will receive Federal Funding through the Surface Transportation Program (STP), which typically only requires a 20% match of City funds. As per a drainage study conducted to determine the drainage relief area, this project will improve drainage for areas beyond locations eligible for Federal funding. The Federal Highway Administration (FHWA) had agreed to participate on 77% of the construction costs, of which STP funding would be applied on an 80/20 basis. The actual funding split for construction costs will be 61.6% Federal Aid and 38.4% local funds. FHWA agreed to participate 100% on the costs for Preliminary Engineering and the National Environmental Policy Act (NEPA) clearance process (80% Federal Aid and 20% Local Funds). Discussion Although the original program agreement with NDOR correctly calculated the City and Federal shares, the agreement was not specific in describing the funding shares for all the items involved with the Preliminary Engineering, Right of Way and Construction phases. The Nebraska Department of Roads considered it appropriate to provide clarity through a supplemental agreement. Grand Island Council Session - 11/13/2012 Page 208 / 252 The Federal share payable for the eligible and participating costs of the Preliminary Engineering and Right-of-Way Phases of this project, including preliminary engineering, NEPA services, final design, Right-of-Way, Responsible Charge and NDOR costs, will be a maximum of 80 percent. The Federal share payable for the eligible and participating costs of the Construction phase of this project, including Utilities, Construction, Construction Engineering, Responsible Charge and NDOR costs, will be a maximum of 62 percent. Approval of Environmental Documents was received in July. Approval of 90% Plans and acquisition of easements are anticipated to be completed in the next three months. Construction of this project is anticipated to begin in 2013. 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 Supplemental Agreement No. 1 to the Agreement with the Nebraska Department of Roads for the US-30 Drainage Improvement Project. Sample Motion Move to approve Supplemental Agreement No. 1. Grand Island Council Session - 11/13/2012 Page 209 / 252 SUPPLEMENTAL AGREEMENT NO. 1 PROJECT PROGRAM CITY OF GRAND ISLAND, NEBRASKA STATE OF NEBRASKA DEPARTMENT OF ROADS PROJECT NO. URB-30-4(158) CONTROL NO. 40352A US-30 DRAINAGE IMPROVEMENT THIS SUPPLEMENTAL AGREEMENT, made and entered into by and between the City of Grand Island, Nebraska, hereinafter referred to as the Local Public Agency or "LPA", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State", and hereinafter referred to collectively as the “Parties”, WITNESSETH: WHEREAS, the LPA and the State have previously entered into Program Agreement BL1190, executed by the LPA on April 12, 2011 and executed by the State on April 21, 2011, hereinafter referred to as the “Original Agreement”, and WHEREAS, it now becomes necessary to revise the funding responsibilities of the parties, and WHEREAS, it is the desire of the LPA that this project be constructed under the designation of Project No. URB-30-4(158), as evidenced by the Resolution of the LPA dated the _____ day of ____________, 2012, attached and identified as Exhibit “A” and made a part of this agreement, and NOW THEREFORE, in consideration of these facts, the LPA and State hereto agree as follows: SECTION 1. The Federal share payable for the eligible and participating costs of the Preliminary Engineering and Right-of-Way Phases of this project, including preliminary engineering, NEPA services, final design, Right-of-Way, Responsible Charge and NDOR costs, will be a maximum of 80 percent. The Federal share payable for the eligible and participating costs of the Construction phase of this project, including Utilities, Construction, Construction Engineering, Responsible Charge and NDOR costs, will be a maximum of 62 percent. The total cost of the project as estimated in the Original Agreement is $876,696. The LPA’s share of all costs was estimated to be $327,985. The Federal share of all eligible costs was estimated to be $548,711. SECTION 2. The LPA and the State agree that, except for the provisions of Section 1 above, all terms and provisions of the Original Agreement on Project No. URB-30-4(158) executed by the LPA on April 12, 2011 and executed by the State on April 21, 2011, shall remain in full force and effect. Grand Island Council Session - 11/13/2012 Page 210 / 252 Project No. URB-30-4(158) Control No. 40352A US-30 Drainage Improvements - 2 - 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. EXECUTED by the LPA this ________ day of ______________, 2012. WITNESS: CITY OF GRAND ISLAND RaNae Edwards Jay Vavricek ____________________________________ _________________________________ LPA Clerk Mayor EXECUTED by the State this ________ day of _____________, 2012. STATE OF NEBRASKA DEPARTMENT OF ROADS Jim Wilkinson, P.E. ___________________________________ Local Projects Engineer Grand Island Council Session - 11/13/2012 Page 211 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-332 WHEREAS, on April 12, 2011 the Grand Island City Council approved entering into an agreement with the Nebraska Department of Roads (NDOR) for the construction of the US-30 Drainage Improvement Project; and WHEREAS, the original agreement with NDOR correctly calculated the City and Federal shares, the agreement was not specific in describing the funding shares for all the items involved with the Preliminary Engineering, Right of Way and Construction phases; and WHEREAS, the Nebraska Department of Roads considered it appropriate to provide clarity through a supplemental agreement, and WHEREAS, the Federal share payable for the eligible and participating costs of the Preliminary Engineering and Right-of-Way Phases of this project, including preliminary engineering, NEPA services, final design, Right-of-Way, Responsible Charge and NDOR costs, will be a maximum of 80 percent; and WHEREAS, the Federal share payable for the eligible and participating costs of the Construction phase of this project, including Utilities, Construction, Construction Engineering, Responsible Charge and NDOR costs, will be a maximum of 62 percent; and WHEREAS, Supplemental Agreement No. 1 to the original agreement with the Nebraska Department of Roads is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Supplemental Agreement No. 1 with the Nebraska Department of Roads for the construction of the US-30 Drainage Improvement Project is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Supplemental Agreement No. 1 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 212 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G20 #2012-333 - Approving Agreement for Temporary Construction Easements & Leasehold Agreements for the US-30 Drainage Improvement Project Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 213 / 252 Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: November 13, 2012 Subject: Approving Agreement for Temporary Construction Easements & Leasehold Agreements for the US-30 Drainage Improvement Project Item #’s: G-20 Presenter(s): Terry Brown, Interim Public Works Director Background The purpose of the US-30 Drainage Improvement project is to construct storm sewer to the detention cell at the former location of the Wasmer Elementary School from connections on Second Street at Logan Street, Broadwell Avenue, and Madison Street. The improvements will significantly reduce the likelihood of flooding during storm events on Second Street. The project includes constructing drainage inlets on First Street and Division Street between Logan Street and Madison Street, which will provide drainage relief in those areas as well. This project will receive Federal Funding through the Surface Transportation Program (STP). Temporary Construction easements and Leasehold Agreements are necessary for this project to be completed, which must be approved by City Council. Discussion The planned work, as stated in the background will significantly reduce the likelihood of flooding during storm events on Second Street. A temporary construction easement will be needed from 15 property owners, along with 3 leasehold agreements, in this drainage project area. All documents have been signed and returned by the property owners and lessees. Authorization of the documents is contingent upon City Council approval. Following is a summary of the payments, totaling $21,650.00, for each of the 15 properties. Grand Island Council Session - 11/13/2012 Page 214 / 252 No. Property Owner Temp Easement Address Legal Description Easement Payment (minimum $100.00) Payment of Damages Total 1 Carol A. King & Kenneth R. King 1501 W 1st St The E 10' of the N 10' of Lot 1, Block 20, Palmer's Subdivision in the City of Grand Island, Hall County, Nebraska, containing 100 square feet, more or less 100 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $200 $ 300.00 2 Juan Munoz 1701 W 1st St Part of Lot 1, Bock 22, Kernohan and Decker's Addition to the City of Grand Island, Hall County, Nebraska, described as follows: Beginning at the NE corner of said Lot 1, Block 22; thence SE, on the E right of way line of Broadwell Street, a distance of 10'; thence NW a distance of 14.15' tot he N right of way line of 1st St; thence NE on said right of way line, a distance of 10' to the point of beginning and the 20' othe N 78.69' f the E 15' of Lot 1, Block 6, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 350 square feet, more or less. 350 s.f. @ $.20/s.f. Replace damaged landscaping & landscaping border @ $430 $ 530.00 2L Delmi Rodriguez (Lessee) 1701 W 1st St Part of Lot 1, Bock 22, Kernohan and Decker's Addition to the City of Grand Island, Hall County, Nebraska, described as follows: Beginning at the NE corner of said Lot 1, Block 22; thence SE, on the E right of way line of Broadwell Street, a distance of 10'; thence NW a distance of 14.15' tot he N right of way line of 1st St; thence NE on said right of way line, a distance of 10' to the point of beginning and the 20' othe N 78.69' f the E 15' of Lot 1, Block 6, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 350 square feet, more or less. 350 s.f. @ $.20/s.f. None $ 100.00 3 Hall County Housing Authority 1803 W 1st St The W 20' of the E 28.86' of the N 15' of Lot 1, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraskaka, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. None $ 100.00 Grand Island Council Session - 11/13/2012 Page 215 / 252 3L Trina Plummer (Lessee) 1803 W 1st St The W 20' of the E 28.86' of the N 15' of Lot 1, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. None $ 100.00 4 Alice R. Erion 1807 W 1st St The E 20' of the W 27.16' of the N 15' of Lot 2, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $650 $ 750.00 5 Kaitlin Schutte 1813 W 1st St The W 20' of the E 24.84' of the N 15' of Lot 3, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $1,280 $ 1,380.00 6 Guillermina A. Izaguirre Alarcon 1815 W 1st St The W 20' of the E 29' of the N 15' of Lot 4, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. None $ 100.00 7 LaVonne K. Holst (fka LaVonne K. Braun) 1524 W. Division St The W 10' of the S 10' of Lot 5, Block 8, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 100 square feet, more or less. 100 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $190.00 $ 290.00 8 Troy G Smith & Nikol S. Smith 1504 W Division St The E 10' of the S 10' of Lot 8, Block 20, Palmer's Subdivision in the City of Grand Island, Hall County, Nebraska, containing 100 square feet, more or less. 100 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $200.00 $ 300.00 9 Nathan M. Lakers 1501 W Division St The E 22' of the N 15' of Lot 1, Block 11, Palmer's Subdivision in the City of Grand Island, Hall County, Nebraska, containing 330 square feet, more or less. 330 s.f.@ $.20/s.f. Replace damaged underground sprinkler system @ $230.00 $ 330.00 10 Connie M. Posson 1507 W Division St The W 2.89' of the N 15' and the E 20' of the W 31.89' of the N 15' of Lot 2, Block 11, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 344 square feet, more or less. 344 s.f. @ $.20/s.f. None $ 100.00 11 Donna J. Pritchard & Larry G. Buss 1511 W Division St The E 17.11' of the N 15' of Lot 3, Block 11, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 257 square feet, more or less. 257 s.f. @ $.20/s.f. None $ 100.00 Grand Island Council Session - 11/13/2012 Page 216 / 252 12 Jennifer J. Forbes 1703 W Division St The S 20' feet of the N 65.13' of the E 15' of Lot 1 and the W 9' of the N 15' of the E 1/2 of Lot 2, Block 13, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 435 square feet, more or less. 435 s.f. @ $.20/s.f. Replace damaged chain link fence @ $490 $ 590.00 Replace damaged shrub @ $230.00 $ 230.00 Replace damaged underground sprinkler systems @ $510 $ 510.00 Install water service from new curb stop to water meter @ $5,170 $ 5,170.00 13 LBE Family Limited Partnership 1707 W Division St The E 11' of the N 15' of the W 1/2 Lot 2, Block 13, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 165 square feet, more or less. 165 s.f. @ $.20/s.f. Install water service from new curb stop to meter @ $3,940 $ 4,040.00 13L Tammy P. Kayakone (Lessee) 1707 W Division St The E 11' of the N 15' of the W 1/2 Lot 2, Block 13, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 165 square feet, more or less. 165 s.f. @ $.20/s.f. None $ 100.00 14 Anthony W Rischling & Marla J Rischling 1717 W Division St The W 20' of the E 30.24' of the N 15' of Lot 5, Block 13, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $340 $ 440.00 15 Diann Sandberg 112 S Broadwell Ave The S 12' of the E 15' of the S 46' of Lot 1, Block 6, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 180 square feet, more or less. 180 s.f. @ $.20/s.f. Replace shrubs, mulch & border @ $470 $ 570.00 Install water service form new curb stop to water meter @ $5,520 $ 5,520.00 Grand Total of Temporary Easements & Damages $21,650.00 Grand Island Council Session - 11/13/2012 Page 217 / 252 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 Agreement for Temporary Construction Easements and Leasehold Agreements between the City of Grand Island, Public Works Department and the affected property owners/lessees in the US-30 Drainage Improvement Project. Sample Motion Move to approve the Temporary Construction Easements and Leasehold Agreements. Grand Island Council Session - 11/13/2012 Page 218 / 252 Approved as to Form ¤ ___________ November 8, 2012 ¤ City Attorney R E S O L U T I O N 2012-333 WHEREAS, temporary construction easement and leasehold agreements are required by the City of Grand Island, from the affected property owners/lessees in the US-30 Drainage Improvement Project area, as follows: No. Property Owner Temp Easement Address Legal Description Easement Payment (minimum $100.00) Payment of Damages Total 1 Carol A. King & Kenneth R. King 1501 W 1st St The E 10' of the N 10' of Lot 1, Block 20, Palmer's Subdivision in the City of Grand Island, Hall County, Nebraska, containing 100 square feet, more or less 100 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $200 $ 300.00 2 Juan Munoz 1701 W 1st St Part of Lot 1, Bock 22, Kernohan and Decker's Addition to the City of Grand Island, Hall County, Nebraska, described as follows: Beginning at the NE corner of said Lot 1, Block 22; thence SE, on the E right of way line of Broadwell Street, a distance of 10'; thence NW a distance of 14.15' tot he N right of way line of 1st St; thence NE on said right of way line, a distance of 10' to the point of beginning and the 20' othe N 78.69' f the E 15' of Lot 1, Block 6, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 350 square feet, more or less. 350 s.f. @ $.20/s.f. Replace damaged landscaping & landscaping border @ $430 $ 530.00 Grand Island Council Session - 11/13/2012 Page 219 / 252 - 2 - 2L Delmi Rodriguez (Lessee) 1701 W 1st St Part of Lot 1, Bock 22, Kernohan and Decker's Addition to the City of Grand Island, Hall County, Nebraska, described as follows: Beginning at the NE corner of said Lot 1, Block 22; thence SE, on the E right of way line of Broadwell Street, a distance of 10'; thence NW a distance of 14.15' tot he N right of way line of 1st St; thence NE on said right of way line, a distance of 10' to the point of beginning and the 20' othe N 78.69' f the E 15' of Lot 1, Block 6, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 350 square feet, more or less. 350 s.f. @ $.20/s.f. None $ 100.00 3 Hall County Housing Authority 1803 W 1st St The W 20' of the E 28.86' of the N 15' of Lot 1, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraskaka, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. None $ 100.00 3L Trina Plummer (Lessee) 1803 W 1st St The W 20' of the E 28.86' of the N 15' of Lot 1, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or 300 s.f. @ $.20/s.f. None $ 100.00 Grand Island Council Session - 11/13/2012 Page 220 / 252 - 3 - less. 4 Alice R. Erion 1807 W 1st St The E 20' of the W 27.16' of the N 15' of Lot 2, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $650 $ 750.00 5 Kaitlin Schutte 1813 W 1st St The W 20' of the E 24.84' of the N 15' of Lot 3, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $1,280 $ 1,380.00 6 Guillermina A. Izaguirre Alarcon 1815 W 1st St The W 20' of the E 29' of the N 15' of Lot 4, Block 5, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. None $ 100.00 7 LaVonne K. Holst (fka LaVonne K. Braun) 1524 W. Division St The W 10' of the S 10' of Lot 5, Block 8, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 100 square feet, more or less. 100 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $190.00 $ 290.00 8 Troy G Smith & Nikol S. Smith 1504 W Division St The E 10' of the S 10' of Lot 8, Block 20, Palmer's Subdivision in the City of Grand Island, Hall County, Nebraska, containing 100 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $200.00 $ 300.00 Grand Island Council Session - 11/13/2012 Page 221 / 252 - 4 - 100 square feet, more or less. 9 Nathan M. Lakers 1501 W Division St The E 22' of the N 15' of Lot 1, Block 11, Palmer's Subdivision in the City of Grand Island, Hall County, Nebraska, containing 330 square feet, more or less. 330 s.f.@ $.20/s.f. Replace damaged underground sprinkler system @ $230.00 $ 330.00 10 Connie M. Posson 1507 W Division St The W 2.89' of the N 15' and the E 20' of the W 31.89' of the N 15' of Lot 2, Block 11, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 344 square feet, more or less. 344 s.f. @ $.20/s.f. None $ 100.00 11 Donna J. Pritchard & Larry G. Buss 1511 W Division St The E 17.11' of the N 15' of Lot 3, Block 11, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 257 square feet, more or less. 257 s.f. @ $.20/s.f. None $ 100.00 12 Jennifer J. Forbes 1703 W Division St The S 20' feet of the N 65.13' of the E 15' of Lot 1 and the W 9' of the N 15' of the E 1/2 of Lot 2, Block 13, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 435 square feet, more or less. 435 s.f. @ $.20/s.f. Replace damaged chain link fence @ $490 $ 590.00 Replace damaged shrub @ $230.00 $ 230.00 Replace damaged underground sprinkler systems $ 510.00 Grand Island Council Session - 11/13/2012 Page 222 / 252 - 5 - @ $510 Install water service from new curb stop to water meter @ $5,170 $ 5,170.00 13 LBE Family Limited Partnership 1707 W Division St The E 11' of the N 15' of the W 1/2 Lot 2, Block 13, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 165 square feet, more or less. 165 s.f. @ $.20/s.f. Install water service from new curb stop to meter @ $3,940 $ 4,040.00 13l Tammy P. Kayakone (Lessee) 1707 W Division St The E 11' of the N 15' of the W 1/2 Lot 2, Block 13, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 165 square feet, more or less. 165 s.f. @ $.20/s.f. None $ 100.00 14 Anthony W Rischling & Marla J Rischling 1717 W Division St The W 20' of the E 30.24' of the N 15' of Lot 5, Block 13, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 300 square feet, more or less. 300 s.f. @ $.20/s.f. Replace damaged underground sprinkler system @ $340 $ 440.00 15 Diann Sandberg 112 S Broadwell Ave The S 12' of the E 15' of the S 46' of Lot 1, Block 6, Charles Wasmer Addition in the City of Grand Island, Hall County, Nebraska, containing 180 square feet, more or less. 180 s.f. @ $.20/s.f. Replace shrubs, mulch & border @ $470 $ 570.00 Install water service form new curb stop to water meter @ $5,520 $ 5,520.00 Grand Island Council Session - 11/13/2012 Page 223 / 252 - 6 - Grand Total of Temporary Easements & Damages $ 21,650.00 WHEREAS, an Agreement for Temporary Easements and Leasehold Agreements has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreements for Temporary Easements and Leasehold Agreements on the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 224 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G21 #2012-334 - Approving Bid Award for Snow Removal Services for the 2012/2013 Winter Season (Streets Division of the Public Works Department) Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 11/13/2012 Page 225 / 252 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:November 13, 2012 Subject:Approving Bid Award for Snow Removal Services for the 2012/2013 Winter Season (Streets Division of the Public Works Department) Item #’s:G-21 Presenter(s):Terry Brown, Interim Public Works Director Background On October 25, 2012 the Streets Division of the Public Works Department advertised for bids for Snow Removal Services for the 2012/2013 winter season including equipment and labor. Discussion Three (3) bids were received and opened on November 6, 2012. The bid submitted by both Island Landhandlers, Inc. of Grand Island, Nebraska and Tom's Tree Service, LLC of Grand Island, Nebraska did not list prices for the minimum specifications of two (2) front end loaders and two (2) motor graders. The Streets Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed the bids that were received. The bids are shown below. Bidder Exceptions Total Bid The Diamond Engineering Co. Grand Island, NE None Trucks - $135.00/HR Front End Loaders - $175.00/HR Motor Graders - $175.00/HR Truck Plows - NO BID Side Dumps - $155.00/HR Tom's Tree Service, LLC of Grand Island, NE Noted Trucks - $90.00/HR Front End Loaders - $100.00/HR Motor Graders - NO BID Truck Plows - NO BID Island Landhandlers, Inc. of Grand Island, NE None Trucks - $120.00/HR Front End Loaders - NO BID Motor Graders - NO BID Truck Plows - NO BID Grand Island Council Session - 11/13/2012 Page 226 / 252 The estimates for the services were as follows: A. Trucks for Hauling Snow $145.00/HR B. Front End Loaders $180.00/HR C. Motor Graders $200.00/HR D. Truck Plows $125.00/HR There are sufficient funds in Account No. 10033502-85213 for these services. 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 awarding the contract for snow removal services to The Diamond Engineering Company, of Grand Island, Nebraska. Sample Motion Move to approve awarding contract to The Diamond Engineering Company. Grand Island Council Session - 11/13/2012 Page 227 / 252 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:November 6, 2012 at 2:00 p.m. FOR:Snow Removal Services 2012-2013 DEPARTMENT:Public Works ESTIMATE:Trucks for Hauling Snow $145.00 per hour Front End Loaders $180.00 per hour Motor Graders $200.00 per hour Truck Plows $125.00 per hour FUND/ACCOUNT:10033502-85213 PUBLICATION DATE:October 25, 2012 NO. POTENTIAL BIDDERS:9 SUMMARY Bidder:Island Landhandlers, Inc.Tom’s Tree Service, LLC Grand Island, NE Grand Island, NE Exceptions:None Noted Bid Price: Trucks:$120.00 per hour $ 90.00 per hour Front End Loaders: No Bid $100.00 per hour Motor Graders: No Bid No Bid Truck Plows: No Bid No Bid Bidder:The Diamond Engineering Co. Grand Island, NE Exceptions:None Bid Price: Trucks:$135.00 per hour Front End Loaders:$175.00 per hour Motor Graders:$175.00 per hour Truck Plows:No Bid Side Dumps:$155.00 per hour Grand Island Council Session - 11/13/2012 Page 228 / 252 cc:Terry Brown, Interim Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Shannon Callahan, Street Supt. P1601 Grand Island Council Session - 11/13/2012 Page 229 / 252 CONTRACT AGREEMENT THIS AGREEMENT made and entered into this 13th day of November, 2012, by and between The Diamond Engineering Company, hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for Snow Removal Services for the 2012/2013 Winter Season; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself or themselves, and its or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of A.Trucks $135.00 per hour B.Front End Loaders $175.00 per hour C.Motor Graders $175.00 per hour D.Truck Plows NO BID E.Side Dumps $155 per hour for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of Snow Removal Services for the 2012/2013 Winter Season. ARTICLE IV. That the contract shall take effect when signed and terminate on April 30, 2013. Grand Island Council Session - 11/13/2012 Page 230 / 252 Snow Removal Services for the 2012/2013 Winter Season (2/4) ARTICLE V. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. ARTICLE VII. During the performance of this contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability and to comply at all times with all applicable state and federal civil rights acts and executive orders of the President of the United States. ARTICLE VIII. Every public contractor and their subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska 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. ARTICLE IX. City Code states that it is unethical for any person to offer, give or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. ARTICLE X. The City reserves the right to terminate this contract at any time upon 60 days notice. If the contract is terminated, the contractor will be compensated for any services rendered to date of termination. ARTICLE XI. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE XII. LB 403: Every public consultant and his, her or its subconsultants who are awarded an agreement by the City for the physical performance of services within the State of Nebraska 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. Grand Island Council Session - 11/13/2012 Page 231 / 252 Snow Removal Services for the 2012/2013 Winter Season (3/4) IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. The Diamond Engineering Company By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: City Clerk The contract and bond are in due form according to law and are hereby approved. Date Attorney for the City Grand Island Council Session - 11/13/2012 Page 232 / 252 Snow Removal Services for the 2012/2013 Winter Season (4/4) APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this agreement, the consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "consultant") agrees as follows: (1)Compliance with Regulations: The consultant shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. (2)Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap 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, section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3)Solicitations for Subconsultants, 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 leases of 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 grounds of race, color, or national origin, sex, age, and disability/handicap. (4)Information and Reports: The consultant shall provide all information and reports required by the Regulations or directives 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 City of Grand Island or the 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 City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5)Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.)withholding of payments to the consultant under the agreement until the consultant complies, and/or (b.)cancellation, termination or suspension of the agreement, in whole or in part. (6)Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The consultant shall take such action with respect to any subagreement or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the consultant may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the consultant may request the United States to enter into such litigation to protect the interests of the United States. Grand Island Council Session - 11/13/2012 Page 233 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-334 WHEREAS, the City Of Grand Island invited sealed bids for Snow Removal Services, according to specifications on file in the office of the Public Works Department; and WHEREAS, on November 6, 2012, three bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with terms of the advertisement of the specifications and all other statutory requirements contained therein, such bid being as follows: Cost Per Hour Trucks for Hauling Snow $135.00 per hour Front End Loaders $175.00 per hour Motor Graders $175.00 per hour Truck Plows $ NO BID Side Dumps $155.00 per hour 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 for snow removal services in the amounts identified above is hereby approved as the lowest responsible bid submitted. BE IT FURTHER RESOLVED, that a contract between the City and such contractor for such snow removal services be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 234 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G22 #2012-335 - Purchase of (12) 2013 Ford Police Interceptors on State Bid Staff Contact: Chief Steve Lamken Grand Island Council Session - 11/13/2012 Page 235 / 252 Council Agenda Memo From:Steve Lamken, Police Chief Meeting:November 13, 2012 Subject:Purchase of Police Vehicles Item #’s:G-22 Presenter(s):Steve Lamken, Police Chief Background The Police Department proposes the purchase of twelve (12) full size police sedans – Ford Police Interceptor. Anderson Ford was awarded a state bid for this vehicle under state contract 13110 OC and may be ordered through Anderson Ford, Grand Island. The bid price with applicable options is $26,325.00 per vehicle for a total cost of $315,900.00. Discussion The Police Department 2013 budget provides for the purchase of ten replacement patrol vehicles. In addition, two additional patrol vehicles were provided for in the budget in response to additional officers as a result of the ICMA study. The total amount budgeted for the purchase of the twelve cars is $337,740.00. The 2012 State bid for Ford Police Interceptors is still in force and the Police Department can purchase 2013 Ford Police Interceptors off of the 2012 State bid. Anderson Ford, a local dealer, has the 2012 State bid for the cars. The cost of the twelve cars under State bid is $315,900.00 which is within the approved 2013 budget. 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 Grand Island Council Session - 11/13/2012 Page 236 / 252 Recommendation City Administration recommends that the Council approve the purchase of twelve (12) 2013 Ford Police Interceptor’s from Anderson Ford, Grand Island in the amount of $315,900.00. Sample Motion Move to approve the purchase of twelve Ford Police Interceptor’s at a cost of $315,900.00 from Anderson Ford, Grand Island. Grand Island Council Session - 11/13/2012 Page 237 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-335 WHEREAS, the Police Department 2013 adopted budget provided for the purchase of twelve patrol fleet cars, and WHEREAS, the 2012 State bid for 2013 Ford Police Interceptor sedans is still in force, and WHEREAS, Anderson Ford was awarded the state bid for the Ford Police Interceptor, and WHEREAS, the expense, $315,900.00 is budgeted in the police fiscal 2013 budget: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase order and subsequent payment is authorized. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 238 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item G23 #2012-336 - Approving Comprehensive Revitalization Bock Grant Application This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Marco Floreani Grand Island Council Session - 11/13/2012 Page 239 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-336 WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local government authorized to receive Community Development Block Grant (CDBG) funds through the Nebraska Department of Economic Development; and WHEREAS, the Nebraska Department of Economic Development is currently accepting applications for community revitalizations; and WHEREAS, a grant application has been prepared to request funding to conduct a Comprehensive Needs Assessment and Revitalization Strategy; and WHEREAS a $15,000 grant is being requested to fund such programs; and WHEREAS, the required 25% cash match of $3,000 will be provided by the City; and WHEREAS, the public hearing on November 13, 2012, offers the public opportunity to make such comments to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to apply for assistance from the Nebraska Department of Economic Development for the purpose of conducting a Comprehensive Needs Assessment and Revitalization Strategy update for the City of Grand Island; and The Mayor is hereby authorized and directed to execute such grant applications and other documentation on behalf of the City of Grand Island for such grant process. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 240 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item H1 Consideration of Request from Olsson Associates on behalf of Helen Foreman for a Conditional Use Permit for a Soil Vapor Extraction and Air Sparge Remediation Trailer Located at 1515 West 2nd Street This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Craig Lewis Grand Island Council Session - 11/13/2012 Page 241 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item H2 Consideration of Request from Third City Christian Church for a Conditional Use Permit for an Extension of Permit for Soft Surface Parking with Additional Surfacing Located at 4100 West 13th Street This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Craig Lewis Grand Island Council Session - 11/13/2012 Page 242 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item I1 #2012-337 - Approving Authorization of Local Security Administrator for the Southwest Power Pool (SPP) Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 11/13/2012 Page 243 / 252 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:November 13, 2012 Subject:Approving Authorization of Local Security Administrator for the Southwest Power Pool (SPP) Item #’s:I-1 Presenter(s):Timothy Luchsinger, Utilities Director Background Prior to 2009, Nebraska utilities conducted power purchases and sales with each other via bilateral transactions. Bilateral transactions are simply two utilities agreeing on a quantity and price. In 2009, all large Nebraska utilities including Nebraska Public Power District, Omaha Public Power District and Lincoln Electric Systems officially joined Southwest Power Pool (SPP). SPP is a regional transmission operator that, among other things provides a real-time energy market that allows participants to buy and sell power directly into the market and avoid the interaction with multiple companies that come with bilateral transactions. Bilateral transactions still continue and this is the only way that Grand Island currently buys and sells power with other companies. In 2014, SPP plans to deploy a new market called the Integrated Market. This market increases in complexity and requires utilities to provide next day forecasting and pricing information in an effort to utilize the lowest cost energy for load. It will also have a real- time energy market for correcting imbalances from the day-ahead market. With the onset of the integrated market, bilateral transactions will most likely be phased out entirely, and SPP will serve Grand Island’s load requirements and dispatch its generating units as required, providing for the system’s demand. Discussion Users accessing the SPP web portal to conduct transactions on behalf of their organizations must be allowed to do so by the organization’s Local Security Administrator (LSA). The LSA is authorized by the respective organization to perform duties which include the management of the organization’s users and their associated roles and access levels. In order for operational transactions to be performed on the SPP market for Grand Island through the SPP web portal, the Department recommends that Grand Island Council Session - 11/13/2012 Page 244 / 252 Utilities Director Tim Luchsinger be authorized to be the Local Security Administrator and perform the required duties of the LSA in accordance with City policies and procedures. 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 authorize Utilities Director Tim Luchsinger to perform duties of the Southwest Power Pool Local Security Administrator for the Grand Island Utilities Department. Sample Motion Move to authorize Utilities Director Tim Luchsinger to perform the duties of the Southwest Power Pool Local Security Administrator for the Grand Island Utilities Department. Grand Island Council Session - 11/13/2012 Page 245 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-337 WHEREAS, in 2009, all large Nebraska utilities including Nebraska Public Power District, Omaha Public Power District and Lincoln Electric Systems officially joined Southwest Power Pool (SPP); and WHEREAS, SPP is a regional transmission operator that allows participants to buy and sell power directly into the market; and WHEREAS, SPP plans to deploy a new Integrated Market in 2014 that will require utilities to provide next day forecasting and pricing information in an effort to utilize the lowest cost energy for load; and WHEREAS, with the onset of the integrated market, SPP will serve Grand Island’s load requirements and dispatch its generating units as required to provide for the system’s demand; and WHEREAS, users accessing the SPP web portal to conduct transactions on behalf of their organizations must be allowed to do so using the organization’s Local Security Administrator (LSA); and WHEREAS, the LSA is authorized by the respective organization to perform duties which include the management of the organization’s users and their associated roles and access levels; and WHEREAS, in order for operational transactions to be performed on the SPP market for Grand Island through the SPP web portal, it is recommended that Utilities Director Tim Luchsinger be authorized to be the Local Security Administrator and perform the required duties of the LSA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Tim Luchsinger, Utilities Director, is hereby authorized to be the Local Security Administrator and perform the required duties of the LSA in accordance with City policies and procedures. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. ____________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 246 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item I2 #2012-338 - Consideration of Amending Personnel Rules to Prohibit Discrimination Based on Sexual Orientation in City Employment Practices Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 11/13/2012 Page 247 / 252 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:November 13, 2012 Subject:Consideration of Amending City of Grand Island Personnel Rules and Regulations by Prohibiting Discrimination by the City in its Employment Practices against Persons based on their Sexual Orientation Item #’s:I-2 Presenter(s):Councilman Larry Carney Background The issue of discrimination against persons based on their sexual orientation has been on the agenda of meetings of the Grand Island City Council (Council) on two prior occasions. The first was a Study Session meeting held on October 2, 2012. The second was a regular meeting held on October 9, 2012 during which Ordinance 9407 failed to win approval by a vote of 2-8. City of Grand Island Personnel Rules and Regulations (Personnel Rules) §1.03 states, The City of Grand Island affirms its commitment to providing a work environment that does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, mental or physical disability, marital status, national origin, or genetic information. The City will operate in full compliance with applicable federal, state, and local laws prohibiting discrimination in employment. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. Personnel Rules §2.02 states in part, The City of Grand Island is committed to providing a work environment that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive. Actions, words, jokes, or comments based on an individual’s sex, race, color, Grand Island Council Session - 11/13/2012 Page 248 / 252 national origin, age, religion, disability, sexual orientation, or any other legally protected characteristic will not be tolerated. All men and women are to be treated equally with dignity and respect. (Emphasis Added) Discussion Previously the Council considered prohibiting City wide discrimination in employment, housing, and public accommodations against persons based on their sexual orientation. The Resolution before the Council this evening would only prohibit the City from discriminating in its employment practices against persons based on their sexual orientation. That prohibition would not apply to any other employers. Presently there are a number of conflicts within Personnel Rules §§1.03 and 2.02 as individual rules and when compared to each other. Those conflicts are: 1. Personnel Rule 1.03 does not prohibit discrimination against persons based on their sexual orientation regarding City employment practices. However, Personnel Rule 2.02 states the City is “committed to providing a work environment that is free from all forms of discrimination”. (Emphasis Added) 2. Personnel Rule 1.03 does not prohibit discrimination against persons based on their sexual orientation regarding City employment practices. However, Personnel Rule 2.02 specifically prohibits harassment of persons based on their sexual orientation. 3. Personnel Rule 2.02 specifically prohibits harassment of persons based on their sexual orientation, or any other legally protected characteristic. (Emphasis Added) As previously discussed, sexual orientation is not a protected class under Nebraska or United States law. It is unclear whether the Council’s intent in approving Personnel Rule 2.02 was to make sexual orientation a protected class regarding harassment or simply add it to other protected classes without making sexual orientation a protected class itself. 4. Personnel Rule 2.02 states that “[a]ll men and women are to be treated equally with dignity and respect.” However, Personnel Rule 1.03 does not require persons of differing sexual orientations be treated equally with regard to City employment practices. The present state of affairs regarding Personnel Rules 1.03 and 2.02 in the City does not prohibit discrimination in its employment practices against persons based on sexual orientation but does prohibit harassment of employees based on sexual orientation. 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. Grand Island Council Session - 11/13/2012 Page 249 / 252 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation The City Administration has no recommendation on this Resolution. Sample Motion Move to approve Resolution 2012-338 amending Personnel Rule 1.03 by adding sexual orientation to the list of protected classes of persons the City does not discriminate against in its employment practices. Grand Island Council Session - 11/13/2012 Page 250 / 252 Approved as to Form ¤ ___________ November 9, 2012 ¤ City Attorney R E S O L U T I O N 2012-338 WHEREAS, the Grand Island City Council has decided to amend City of Grand Island Personnel Rules and Regulations Section 1.03, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that City of Grand Island Personnel Rules and Regulations Section 1.03 be amended to read as follows: Sec. 1.03 EQUAL EMPLOYMENT OPPORTUNITY The City of Grand Island affirms its commitment to providing a work environment that does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, sexual orientation, mental or physical disability, marital status, national origin, or genetic information. The City will operate in full compliance with applicable federal, state, and local laws prohibiting discrimination in employment. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/13/2012 Page 251 / 252 City of Grand Island Tuesday, November 13, 2012 Council Session Item J1 Approving Payment of Claims for the Period of October 24, 2012 through November 13, 2012 The Claims for the period of October 24, 2012 through November 13, 2012 for a total amount of $5,327,602.35. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 11/13/2012 Page 252 / 252