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07-12-2016 City Council Regular Meeting Packet City of Grand Island Tuesday, July 12, 2016 Council Session Packet City Council: Linna Dee Donaldson Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Roger Steele Mark Stelk Mayor: Jeremy L. Jensen City Administrator: Marlan Ferguson City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 7/12/2016 Page 1 / 164 City of Grand Island Tuesday, July 12, 2016 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 Bill Harrold, First Christian Church, 2400 West 14th Street 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 - 7/12/2016 Page 2 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item C-1 Presentation by the Nebraska State Fair Executive Director Joseph McDermott will give an update of the Nebraska State Fair. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 7/12/2016 Page 3 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item C-2 Proclamation “Park and Recreation Month” July, 2016 Parks and recreation programs build a healthy community as well as increase the community's economic prosperity. They are fundamental to the environmental well-being of our community. Mayor Jensen has proclaimed the month of July 2016 as "Park and Recreation Month". See attached PROCLAMATION. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 7/12/2016 Page 4 / 164 Grand Island Council Session - 7/12/2016 Page 5 / 164 Grand Island Council Session - 7/12/2016 Page 6 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item F-1 #9591 - Consideration of Vacation of Drainage Easement in Vanosdall Second Subdivision (Wayne Vanosdall Sanitation Service, Inc.) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/12/2016 Page 7 / 164 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:July 12, 2016 Subject:Consideration of Vacation of Drainage Easement in Vanosdall Second Subdivision (Wayne Vanosdall Sanitation Service, Inc.) Presenter(s):John Collins PE, Public Works Director Background A drainage easement agreement executed by the property owner of 3100A South Locust Street and the City of Grand Island was filed with Hall County Register of Deeds on January 5, 1999, as Document No. 99-100091. This drainage easement is no longer needed with the redevelopment of such property. Discussion The property owner, Wayne Vanosdall Sanitation Service, Inc. is requesting to vacate such dedicated drainage easement within Vanosdall Second Subdivision. There are no utilities currently within this easement that will be affected by the vacation. The attached sketch details the referenced easement to be vacated. 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 pass an ordinance vacating the drainage easement located in Vansodall Second Subdivision. Sample Motion Move to pass an ordinance vacating the easement. Grand Island Council Session - 7/12/2016 Page 8 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9591 An ordinance to vacate an existing utility easement and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That existing drainage easement located in Vanosdall Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE NORTHWEST CORNER OF LOT THREE (3), VANOSDALL SECOND SUBDIVISION, SAID POITN ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N89o17’54”E, ALONG THE NORTH LINE OF SAID LOT THREE (3), A DISTANCE OF 513.16 FEET; THENCE N61o29’44”E, ALONG THE NORTHERLY LINE OF SAID LOT THREE (3), ADISTANCE OF 239.86 FEET; THENCE S17o27’00”E, ALONG THE EASTERLY LINE OF SAID LOT THREE (3), A DISTANCE OF 131.47 FEET; THENCE N89o38’58”W A DISTANCE OF 763.34 FEET TO THE POINT OF BEGINNING. SAID EASEEMNT VACATE CONTAINS A CALCUALTED AREA OF 19,071.25 SQUARE FEET OR 0.438 ACRES MORE OR LESS is hereby vacated. Such easement to be vacated is shown and more particularly described on Easement Vacation Exhibit 1 attached hereto. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. Grand Island Council Session - 7/12/2016 Page 9 / 164 ORDINANCE NO. 9591 (Cont.) - 2 - SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 12, 2016 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 10 / 164 Grand Island Council Session - 7/12/2016 Page 11 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-1 Approving Minutes of June 28, 2016 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 7/12/2016 Page 12 / 164 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 28, 2016 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 June 28, 2016. Notice of the meeting was given in The Grand Island Independent on June 22, 2016. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Michelle Fitzke was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Jackson Richling. INVOCATION was given by Bishop Jared Noorlander, Church of Jesus Christ of Latter-day Saints, 212 West 22nd Street followed by the PLEDGE OF ALLEGIANCE. PUBLIC HEARINGS: Public Hearing on Request from B & R Stores, Inc. dba Super Saver 28, 710 West State Street for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from B & R Stores, Inc. dba Super Saver 28, 710 West State Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 3, 2016; notice to the general public of date, time, and place of hearing published on June 18, 2016; notice to the applicant of date, time, and place of hearing mailed on June 3, 2016; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections and completion of a state approved alcohol server/seller training program. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 315 N Washington Street (J & B Rentals, LLC). Public Works Director John Collins reported that acquisition of a utility easement located at 315 N. Washington Street was needed in order to access an existing sanitary sewer main between South Front Street and 3rd Street and Washington Street to Lincoln Avenue. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 905 S. Locust Street (Gosda Car Wash). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 905 South Locust Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would be used to provide access for the placement, operation, and maintenance of the high voltage underground power Grand Island Council Session - 7/12/2016 Page 13 / 164 Page 2, City Council Regular Meeting, June 28, 2016 line, pad-mounted transformer and appurtenances for the Gosda Car Wash remodel and upgraded facilities. Staff recommended approval. No public testimony was heard. Public Hearing on Redevelopment Plan for CRA Area 19 located at the Northeast Corner of US Highway 34 and South Locust Street (Talon Apartments, Inc.). Regional Planning Director Chad Nabity reported that Talon Apartments had made an offer and intended to purchase property and had submitted an application for Tax Increment Financing to aid in the construction of 288 Apartments north of U.S. Highway 34 and east of South Locust Street. Staff recommended approval. Ron Depue, 308 No. Locust Street, attorney for applicant and Bruce Schreiner, 3535 Grassridge Drive, CPA for applicant spoke in support. No further public testimony was heard. Public Hearing on Request to Rezone Property located North of US Hwy 34 and East of South Locust Street from B2-AC – General Business with an Arterial Commercial Overlay to RD – Residential Development (Talon Apartments, Inc.). Regional Planning Director Chad Nabity reported that an application had been made by Talon Apartments to rezone property located north of U.S. Highway 34 and east of South Locust Street from B2-AC – General Business with an Arterial Commercial Overlay to RD – Residential Development. Staff recommended approval. Ron Depue, 308 No. Locust Street, attorney for applicant and Bruce Schreiner, 3535 Grassridge Drive, CPA for applicant spoke in support. No further public testimony was heard. Public Hearing on Community Development Block Grant Consolidated Plan and Annual Action Plan Funding Allocations. Community Development Specialist Charley Falmlen reported that in September 2015 Grand Island began the process of becoming an Entitlement Community. Part of the planning process for the Community Development Block Grant (CDBG) model was the creation of a Consolidated Plan which included the Annual Action Plan. The Consolidated Plan identifies community development needs, goals, and priorities for Grand Island and contains a housing and homeless needs assessment, housing marketing analysis, and a strategic plan. The Action Plan addresses the intended use of an estimated $348,927 in entitlement grant funds under the CDBG program. No Council action was needed. No public testimony was heard. ORDINANCES: Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9590 - Consideration of Request to Rezone Property located North of US Hwy 34 and East of South Locust Street from B2-AC – General Business with an Arterial Commercial Overlay to RD – Residential Development (Talon Apartments, Inc.) 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 Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 7/12/2016 Page 14 / 164 Page 3, City Council Regular Meeting, June 28, 2016 Discussion was held regarding the rezoning. Mr. Nabity stated if this was approved the applicant had 18 months to move forward on this project otherwise if would revert back to the original zoning. He explained how zoning took place and the impact to the southeast part of Grand Island. Mr. Nabity answered questions regarding the concept of walkability and access to parks. Discussion was held regarding safety concerns for children. Mr. Depue commented on the importance of providing more housing in Grand Island. Motion by Donaldson, second by Minton to approve Ordinance #9590. City Clerk: Ordinance #9590 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Steele, Minton, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. City Clerk: Ordinance #9590 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, Councilmembers Steele, Minton, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9590 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-5 and G-17 (Resolution #2016-160) were pulled for further discussion. Motion by Stelk, second by Hehnke to approve the Consent Agenda excluding items G-5 and G-17. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of June 14, 2016 City Council Regular Meeting. Approving Minutes of June 21, 2016 City Council Study Session. Approving Re-Appointment of Wanda Stelk to the Animal Advisory Board. Approving Re-Appointment of Rob Czaplewski and Appointments of Tanya Hansen and Sapna Purawat to the Library Board. Approving Appointments of Karl Kostbahn, Ron Depue, Brad Bauer, Kirk Ramsey, and Lisa Willman to the Occupation Tax Oversight Committee (Food & Beverage). Councilmember Steele questioned the legality of this committee. City Attorney Jerry Janulewicz stated it was legal and the committee would have to follow the open meeting laws. Motion by Stelk, second by Hehnke to approve. Upon roll call vote, all voted aye. Motion adopted. Approving Liquor Manager Designation for Jennifer Bonnell, 910 N. Hastings Avenue, Hastings, NE for Buffalo Wild Wings, 809 Allen Drive. Grand Island Council Session - 7/12/2016 Page 15 / 164 Page 4, City Council Regular Meeting, June 28, 2016 #2016-150 - Approving Request from Request from B & R Stores, Inc. dba Super Saver 28, 710 West State Street for a Class “C” Liquor License and Liquor Manager Designation for James Goodman, 2716 Apache Road. #2016-151 - Approving Preliminary and Final Plat and Subdivision Agreement for Talon Apartments 1st Subdivision. It was noted that Talon Apartments, Inc., owners, had submitted the Preliminary and Final Plat and Subdivision Agreement located north of US Highway 34 and east of South Locust Street for the purpose of creating 11 lots consisting of 10.656 acres. #2016-152 - Approving Acquisition of Utility Easement - 905 S. Locust Street (Gosda Car Wash). #2016-153 - Approving 2016 Coal Purchase Carryover with Cloud Peak Energy. #2016-154 - Approving Coal Transportation Contract with the Union Pacific Railroad. #2016-155 - Approving Acquisition of Utility Easement - 315 N Washington Street (J & B Rentals, LLC). #2016-156 - Approving Unified Planning Work Program (UPWP) for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2017 Fiscal Year Transportation Planning Program in an Amount of $28,417.00. #2016-157 - Approving Authorization for Emergency Sanitary Sewer Repairs between Sunset Avenue and Dodge Street; Oak Street to Vine Street with Myer Construction, Inc. of Broken Bow, NE in an Amount of $37,875.00. #2016-158 - Approving Change Order No. 2 for Hall County SID No. 2 Sanitary Sewer Improvements – 2014 with Myers Construction, Inc. of Broken Bow, NE for an Increase of $16,880.00 and a Revised Contract Amount of $2,244,704.75. #2016-159 - Approving Bid Award for Building Demolition - North of Highway 2 (Between Railroad Mile Marker 98 & 99) Within the Burlington Northern Santa Fe Railroad Right-of-Way with Hooker Brothers Construction Company of Grand Island, NE in an Amount of $32,979.60. #2016-160 - Approving Resolution to Place Firefighter Ronald Tubbs on the Disabled Firefighter Pension List. Motion by Haase, second by Nickerson to go into Executive Session at 8:12 p.m. Upon roll call vote, Councilmembers Steele, Minton, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmembers Paulick and Donaldson voted no. Motion adopted. Motion by Paulick, second by Haase to returned to Regular Session at 8:44 p.m. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 7/12/2016 Page 16 / 164 Page 5, City Council Regular Meeting, June 28, 2016 Motion by Haase, second by Nickerson to approve Resolution #2016-160. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Community Development Block Grant Consolidated Plan and Annual Action Plan Funding Allocations. This item relates to the aforementioned Public Hearing. No Council action is required. Community Development Specialist Charley Falmlen answered questions and explained the continuum of the Care Grant. RESOLUTIONS: #2016-161 - Consideration of Redevelopment Plan for CRA Area 19 located at the Northeast Corner of US Highway 34 and South Locust Street (Talon Apartments, Inc.). This item relates to the aforementioned Public Hearing. Bruce Schreiner commented on the financing of this project. Mr. Nabity commented on the time frame of the phases for this project with regards to bonds. Motion by Hehnke, second by Nickerson to approve Resolution #2016-161. Upon roll call vote, Councilmembers Steele, Minton, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Donaldson, second by Hehnke to approve the Claims for the period of June 15, 2016 through June 28, 2016 for a total amount of $4,728,142.82. Unanimously approved. SPECIAL ITEMS: Update on Wrongful Death Claim of Dumale Bariyiga: City Attorney Jerry Janulewicz reported that on September 11, 2015, the City of Grand Island received a Tort Claim from Dumale Bariyiga due to the death of her daughter Nubari Koffree on July 18, 2015 at Island Oasis Water Park. Through mediation a settlement agreement had been reached in the amount of $240,000.00 to be paid by the City’s insurance carrier. A settlement release and consideration for the release was completed on June 16, 2016. As required by State Statutes this item was brought forward for public information. Mayor Jensen stated the settlement was in no way an admission of guilt on the part of the City of Grand Island. ADJOURNMENT: The meeting was adjourned at 9:06 p.m. RaNae Edwards City Clerk Grand Island Council Session - 7/12/2016 Page 17 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-2 Approving Appointment of Dena Sullivan to the South Locust BID 2013 Board Mayor Jensen has submitted the appointment of Dena Sullivan to the South Locust Street BID 2013 board. Ms. Sullivan will replace Bill Lawrey who is retiring from the board. The appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2016. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 7/12/2016 Page 18 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-3 Approving Appointments of Darwin Wicht, Steve Meyer, Leon Van Winkle, Gregg Bostelman, Bob Loewenstein, Brian Fiala, and Barry Burrows to the Tree Board Mayor Jensen has submitted the appointments of Darwin Wicht, Steve Meyer, Leon Van Winkle, Gregg Bostelman, Bob Loewenstein, Brian Fiala, and Barry Burrows to the Tree Board. These appointments would all become effective August 1, 2016 upon approval by the City Council. Darwin Wicht, Steve Meyer, and Leon Van Winkle's term would expire on July 31, 2019; Gregg Bostelman and Bob Loewenstein's term would expire on July 31, 2018; and Brian Fiala and Barry Burrows term would expire on July 31, 2017. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 7/12/2016 Page 19 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-4 #2016-162 - Approving Vehicle Storage Building Construction - Utilities Department Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 7/12/2016 Page 20 / 164 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:July 12, 2016 Subject:Vehicle Storage Building Construction – Utilities Department Presenter(s):Tim Luchsinger, Utilities Director Background On April 28, 2015, City Council approved a contract with JEO Architects for an initial amount of $45,000 to evaluate space requirements and develop a conceptual design and building estimate for the remodel of the Electric Service Center Building at 1116 W. N. Front Street and a new vehicle storage building to be constructed immediately north of the existing garage. The building will provide protected storage space for Electric Department service trucks which are larger than the existing garage area was designed for when the building was constructed in 1964. It was determined by City staff to use a phased approach for this project beginning with the storage building. On December 8, 2015, City Council approved the first amendment to the contract in the amount of $99,000 for the development of the detailed construction drawings and specifications for the new vehicle storage building. All documents were completed and issued for bids. Discussion The following bids were received by the City on June 23, 2016 for the labor and materials to construct the new vehicle storage building. The engineer’s estimate for this work is $1,500,000. Bidder Bid Price Exceptions Rathman & Manning Corp., Chapman, NE $902,615.00 None Chief Industries, Inc., Grand Island, NE $920,407.00 None Lacy Construction, Grand Island, NE $995,000.00 None Abat Lerew Construction, LLC, Sutton, NE $1,012,408.77 None Grand Island Council Session - 7/12/2016 Page 21 / 164 B-D Construction, Inc., Columbus, NE $1,144,000.00 None Alternatives It appears that the Council that 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 City Administration recommends that the Council award the bid for the Vehicle Storage Building construction to the low bidder, Rathman & Manning Corporation of Chapman, Nebraska, in the amount of $902,615.00. Sample Motion Move to approve the bid for the Vehicle Storage Building construction to Rathman & Manning Corporation of Chapman, Nebraska, in the amount of $902,615.00. Grand Island Council Session - 7/12/2016 Page 22 / 164 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:June 23, 2016 at 2:00 p.m. FOR:Vehicle Storage Building DEPARTMENT:Utilities ESTIMATE:$1,500,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:May 26, 2016 NO. POTENTIAL BIDDERS:16 SUMMARY Bidder:Rathman & Manning Corp.B-D Construction, Inc. Chapman, NE Columbus, NE Bid Security:Inland Insurance Co.North American Specialty Ins. Co. Exceptions:None None Bid Price:$902,615.00 1,144,000.00 Bidder:Lacy Construction Company Chief Industries, Inc. Grand Island, NE Grand Island, NE Bid Security:Merchants Bonding Co.Fidelity & Deposit Co. Exceptions:None None Bid Price:$995,000.00 $920,407.00 Bidder:Abat Lerew Construction, LLC Sutton, NE Bid Security:Allied World Specialty Ins. Co. Exceptions:None Bid Price:$1,012,408.77 Grand Island Council Session - 7/12/2016 Page 23 / 164 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Travis Burdett, Assistant Utilities Director P1887 Grand Island Council Session - 7/12/2016 Page 24 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-162 WHEREAS, the City of Grand Island invited sealed bids for a Vehicle Storage Building according to plans and specifications on file with the Utilities Department; and WHEREAS, on June 23, 2016, bids were received, opened and reviewed; and WHEREAS, Rathman & Manning Corporation of Chapman, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $902,615.00; and WHEREAS, the bid of Rathman & Manning Corporation is less than the estimate for the Utilities Vehicle Storage Building. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Rathman & Manning Corporation in the amount of $902,615.00, for the Utilities Vehicle Storage Building, is approved as the lowest responsible bid, and the Mayor is hereby authorized to sign the contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2016 . _______________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 25 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-5 #2016-163 - Approving Amendment to the Interlocal Agreement with Hall County for Public Transportation Services Staff Contact: Jerry Janulewicz Grand Island Council Session - 7/12/2016 Page 26 / 164 Council Agenda Memo From: Jerry Janulewicz, City Attorney Meeting:July 12, 2016 Subject:Approving Amendment to the Interlocal Agreement for Public Transit Services Presenter(s):Jerry Janulewicz, City Attorney Background Through an Interlocal Agreement between the County of Hall and the City, the City is providing public transit services within the Hall County and the City of Grand Island through a contract for services with Senior Citizens Industries, Inc. Funding for transit services within the City will be provided utilizing Federal Section 5307 Urban Transit Funds and the City’s local matching obligation for Section 5307 Funds and utilizing Federal Section 5311 Rural Transit Funds (“5311 Funds”) and the County’s local matching obligation for Section 5311 Funds (“County Match”). Through an amendment to the Agreement, the City and County desire to formalize the provision 5311 Funds and County Match for operation of the Service. Discussion The City’s Public Transit budget for the initial twelve month term of the Agreement is estimated to be $630,000 of which approximately 5% will be funded utilizing 5311 Funds and the County Match, which is estimated to be an amount equal to approximately 25% of the 5311 Funds received. It is anticipated that 5311 Funds will be received quarterly by County or by the City’s Transit Service Provider. The proposed amendment to the Agreement would provide that, on a quarterly basis, the County will remit and pay to the City an amount equal to the County’s required Federal Section 5311 match obligation together with an amount equal to the Federal 5311 Funds received by County in the calendar quarter. Additionally, in July 2017 and each year thereafter and upon termination of the Agreement the parties shall audit the amount of Federal Section 5311 Funds received by County and the City’s Transit Service Provider and County’s Section 5311 and 5311 match payments to the City, will be trued-up for any over-payments made or underpayments to be corrected. The amendment was approved by the Hall County Board of Supervisors. Grand Island Council Session - 7/12/2016 Page 27 / 164 Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the resolution thereby approving the terms of the amendment. 2.Disapprove or /Deny the resolution. 3.Modify the resolution to meet the needs of the City Council. 4.Table the issue. Recommendation City Administration recommends that the Council approve the resolution. Sample Motion Move to approve the resolution approving the Amendment to the Interlocal Agreement for Public Transit Services. Grand Island Council Session - 7/12/2016 Page 28 / 164 AMENDMENT TO THE INTERLOCAL AGREEMENT BY AND BETWEEN THE COUNTY OF HALL, NEBRASKA AND THE CITY OF GRAND ISLAND, NEBRASKA FOR PUBLIC TRANSPORTATION SERVICES Whereas, the County of Hall (“County”) and the City of Grand Island (“City”) entered into an Interlocal Agreement for Public Transit Services (the “Agreement”); and Whereas, Public Transit Services ( “Service”) provided through the Agreement will be funded utilizing Federal Section 5307 Urban Transit Funds and City’s local matching obligation for Section 5307 Funds and utilizing Federal Section 5311 Rural Transit Funds (“5311 Funds”) and County’s local matching obligation for Section 5311 Funds (“County Match”); and Whereas, through this amendment of the Agreement City and County desire to formalize the provision 5311 Funds and County Match for operation of the Service; and Whereas, City’s Public Transit budget for the initial twelve month term of the Agreement is estimated to be $630,000 of which approximately 5% will be funded utilizing 5311 Funds and the County Match, which is estimated to be an amount equal to approximately 25% of the 5311 Funds received; and Whereas, it is anticipated that 5311 Funds will be received quarterly by County or by City’s Transit Service Provider. Now, therefor, City and County do hereby amend the Agreement by adding the following: 24. Federal and County Match Funds; True-Up. On a quarterly basis as provided below, County shall remit and pay to City an amount equal to County’s required Federal Section 5311 match obligation together with an amount equal to the Federal 5311 Funds received by County in the calendar quarter. Q# Months Payment Due Date Q1 July through September October 31 Q2 October through December January 31 Q3 January through March April 30 Q4 April through June July 31 In July 2017 and each year thereafter and upon termination of the Agreement the parties shall audit the amount of Federal Section 5311 Funds received by County and City’s Transit Service Provider and County’s Section 5311 and 5311 match payments to City, and shall promptly true-up for any over- payments made or underpayments to be corrected. Grand Island Council Session - 7/12/2016 Page 29 / 164 Dated: ___________, 2016. City of Grand Island, Nebraska County of Hall, Nebraska By: ________________________ By: __________________________ Mayor Jeremy L. Jensen Scott Arnold, Chairman Hall County Board of Supervisors [attest] [attest] __________________________ _______________________________ RaNae Edwards, City Clerk Marla Conley, County Clerk Approved as to form: __________________________ Jack Zitterkopf Hall County Attorney Approved as to form: __________________________ Jerom E. Janulewicz Grand Island City Attorney Grand Island Council Session - 7/12/2016 Page 30 / 164 R E S O L U T I O N 2016-163 WHEREAS, the County of Hall (“County”) and the City of Grand Island (“City”) entered into an Interlocal Agreement for Public Transit Services (the “Agreement”); and WHEREAS, Public Transit Services ( “Service”) provided through the Agreement will be funded utilizing Federal Section 5307 Urban Transit Funds and City’s local matching obligation for Section 5307 Funds and utilizing Federal Section 5311 Rural Transit Funds (“5311 Funds”) and County’s local matching obligation for Section 5311 Funds (“County Match”); and WHEREAS, through an amendment to the Agreement, City and County desire to formalize the provision 5311 Funds and County Match for operation of the Service; and WHEREAS, City’s Public Transit budget for the initial twelve month term of the Agreement is estimated to be $630,000 of which approximately 5% will be funded utilizing 5311 Funds and the County Match, which is estimated to be an amount equal to approximately 25% of the 5311 Funds received; and WHEREAS, it is anticipated that 5311 Funds will be received quarterly by County or by City’s Transit Service Provider. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND that the amendment to the Interlocal Agreement for Public Transportation Services be, and the same is hereby, approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 31 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-6 #2016-164 - Approving Agreement for Engineering Consulting Services Related to Lift Station No. 20 Upgrade and Force Main Rehabilitation & Abandonment of Lift Station No. 14 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/12/2016 Page 32 / 164 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:July 12, 2016 Subject:Approving Agreement for Engineering Consulting Services Related to Lift Station No. 20 Upgrade and Force Main Rehabilitation & Abandonment of Lift Station No. 14 Presenter(s):John Collins PE, Public Works Director Background April 28, 2016 the Engineering Division of the Public Works Department advertised for qualifications of professional engineering consulting services in order to upgrade Lift Station No. 20 and rehabilitate the force main, as well as abandon Lift Station No. 14. The solicitation was sent to fourteen (14) consulting firms. Discussion Olsson Associates of Grand Island, Nebraska was the sole responder to the Request for Qualifications (RFQ). Based on the pre-approved evaluation criteria set forth in the RFQ Olsson Associates is found to be qualified to perform the requested services. The anticipated start date of such work is July 13, 2016, with an anticipated construction completion date of September 15, 2017. The scope of this agreement will entail project management, topographic survey, easement and right-of-way acquisition and geotechnical investigation for Lift Station No. 20 upgrade and force main rehabilitation. Design, project permitting, bid phase services, construction administration services, construction observation services, and project closeout will be handled under this agreement for Lift Station No. 20 upgrade and force main rehabilitation, as well as the abandonment of Lift Station No. 14. Such agreement will be based on time and expense not to exceed $299,864.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 7/12/2016 Page 33 / 164 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 with Olsson Associates of Grand Island, Nebraska and pass a Resolution authorizing the Mayor to sign the agreement, for a total amount of $299,864.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 7/12/2016 Page 34 / 164 Grand Island Council Session - 7/12/2016 Page 35 / 164 Page 2 of 3 SCHEDULE FOR OLSSON’S SERVICES Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows: Anticipated Start Date: July 6, 2016 Anticipated Construction Completion Date: September 15, 2017 Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated Completion Date, and any milestone dates are approximate only, and Olsson reserves the right to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including, but not limited to, delays caused by Client or delays caused by third parties. COMPENSATION Client shall pay to Olsson for the performance of the Scope of Services, the actual time of personnel performing such services on an hourly cost basis times a factor of 3.085 for services rendered by our principals and employees engaged directly on the Project, and all actual reimbursable expenses in accordance with Reimbursable Expense Schedule attached to this Agreement. Olsson shall submit invoices on a monthly basis and payment is due within 30 calendar days of invoice date. Olsson’s Scope of Services will be provided on a time and expense basis not to exceed $299,864.00. TERMS AND CONDITIONS OF SERVICE We have discussed with you the risks, rewards and benefits of the Project, the Scope of Services, and our fees for such services and the Agreement represents the entire understanding between Client and Olsson with respect to the Project. The Agreement may only be modified in writing signed by both parties. Client’s designated Project Representative shall be Tara Bevard. If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain one original for your files and return an executed original to Olsson. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. Grand Island Council Session - 7/12/2016 Page 36 / 164 Page 3 of 3 OLSSON ASSOCIATES, INC. By __________________________________ By __________________________________ Matt Rief Joe Baxter By signing below, you acknowledge that you have full authority to bind Client to the terms of the Agreement. If you accept the terms set forth herein, please sign: CITY OF GRAND ISLAND By _______________________________ Signature Print Name _________________________ Title _______________________________ Dated _________________________ Attachments General Provisions Scope of Services Reimbursable Expense Schedule Resident Project Representative Duties Grand Island Council Session - 7/12/2016 Page 37 / 164 Page 1 of 8 19-3868.01 GENERAL PROVISIONS These General Provisions are attached to and made a part of the respective Letter Agreement or Master Agreement, dated June 28, 2016 between City of Grand Island, Nebraska (“Client”) and Olsson Associates, Inc. (“Olsson”) for professional services in connection with the project or projects arising under such Letter Agreement or Master Agreement (the “Project(s)”). As used herein, the term "this Agreement" refers to these General Provisions, the applicable Letter Agreement or Master Agreement, and any other exhibits or attachments thereto as if they were part of one and the same document. SECTION 1—OLSSON’S SCOPE OF SERVICES Olsson’s scope of services for the Project(s) is set forth in the applicable Letter Agreement or Master Agreement (“Scope of Services”). SECTION 2—ADDITIONAL SERVICES 2.1 Unless otherwise expressly included, Scope of Services does not include the categories of additional services set forth in Sections 2.2 and 2.3. 2.2 If Client and Olsson mutually agree for Olsson to perform any optional additional services as set forth in this Section 2.2 (“Optional Additional Services”), Client will provide written approval of the agreed-upon Optional Additional Services, and Olsson shall perform or obtain from others such services and will be entitled to an increase in compensation at rates provided in this Agreement. Olsson may elect not to perform all or any of the Optional Additional Services without cause or explanation: 2.2.1 Preparation of applications and supporting documents for governmental financial support of the Project(s); preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 2.2.2 Services to make measured drawings of or to investigate existing conditions of facilities. 2.2.3 Services resulting from changes in the general scope, extent or character of the Project(s) or major changes in documentation previously accepted by Client where changes are due to causes beyond Olsson's control. 2.2.4 Services resulting from the discovery of conditions or circumstances which were not contemplated by Olsson at the commencement of this Agreement. Olsson shall notify Client of the newly discovered conditions or circumstances and Client and Olsson shall renegotiate, in good faith, the compensation for this Agreement, if amended terms cannot be agreed upon, Olsson may terminate this Agreement and Olsson shall be paid for its services through the date of termination. 2.2.5 Providing renderings or models. 2.2.6 Preparing documents for alternate bids requested by Client. 2.2.7 Analysis of operations, maintenance or overhead expenses; value engineering; the preparation of rate schedules; earnings or expense statements; cash flow or economic evaluations or; feasibility studies, appraisals or valuations. 2.2.8 Furnishing the services of independent professional associates or consultants for work beyond the Scope of Services. 2.2.9 Services necessary due to the Client’s award of more than one prime contract for the Project(s); services necessary due to the construction contract containing cost plus or incentive-savings provisions; services necessary in order to arrange for performance by persons other than the prime contractor; or those services necessary to administer Client’s contract(s). 2.2.10 Services in connection with staking out the work of contractor(s). 2.2.11 Services during out-of-town travel or visits to the site beyond those specifically identified in this Agreement. 2.2.12 Preparation of operating and maintenance manuals. 2.2.13 Services to redesign some or all of the Project(s). 2.2.14 Preparing to serve or serving as a consultant or witness or assisting Client with any litigation, arbitration or other legal or administrative proceeding. 2.2.15 Services relating to Construction Observation, Certification, Inspection, Construction Cost Estimating, project observation, construction management, construction scheduling, construction phasing or review of Contractor's performance means or methods. 2.3 Whenever, in its sole discretion, Olsson determines additional services as set forth in this Section 2.3 are necessary to avoid a delay in the completion of the Project(s) (“Necessary Additional Services”), Olsson shall perform or obtain from others such services without waiting for specific instructions from Client, and Olsson will be entitled to an increase in compensation for such services at the standard hourly billing rate charged for those employees performing the services, plus reimbursable expenses, if any: 2.3.1 Services in connection with work directive changes and/or change orders directed by the Client to any contractors. 2.3.2 Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by contractor(s); or evaluating an unreasonable or extensive number of claims submitted by contractor(s) or others in connection with the Project(s). 2.3.3 Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. Grand Island Council Session - 7/12/2016 Page 38 / 164 Page 2 of 8 19-3868.01 2.3.4 Additional or extended services during construction made necessary by (1) work damaged during construction, (2) a defective, inefficient or neglected work by any contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, or (4) default by any contractor. SECTION 3—CLIENT'S RESPONSIBILITIES 3.1. Client shall provide all criteria and full information as to Client's requirements for the Project(s); designate and identify in writing a person to act with authority on Client's behalf in respect of all aspects of the Project(s); examine and respond promptly to Olsson's submissions; and give prompt written notice to Olsson whenever Client observes or otherwise becomes aware of any defect in the Olsson’s services. 3.2 Client agrees to pay Olsson the amounts due for services rendered and expenses within thirty (30) days after Olsson has provided its invoice for such services. In the event Client disputes any invoice item, Client shall give Olsson written notice of such disputed item within fifteen (15) days after receipt of such invoice and shall pay to Olsson the undisputed portion of the invoice according to the provisions hereof. If Client fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate of thirteen percent (13%) per annum from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in Client’s favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. 3.2.1 If Client fails to make any payment due Olsson for services and expenses within thirty (30) days after receipt of Olsson's statement therefore, Olsson may, after giving seven (7) days written notice to Client, suspend services to Client under this Agreement until Olsson has been paid in full all amounts due for services, expenses and charges and Client will not obtain any license to any Work Product or be entitled to retain or use any Work Product pursuant to Section 7.1 unless and until Olsson has been paid in full and Client has fully satisfied all of its obligations under this Agreement. 3.3 Payments to Olsson shall not be withheld, postponed or made contingent on the construction, completion or success of the Project(s) or upon receipt by the Client of offsetting reimbursements or credit from other parties who may have caused the need for additional services. No withholdings, deductions or offsets shall be made from Olsson’s compensation for any reason unless and until Olsson has been found to be legally liable for such amounts. 3.4 Client shall also do the following and pay all costs incident thereto: 3.4.1 Furnish to Olsson any existing and/or required borings, probings or subsurface explorations; hydrographic surveys; laboratory tests or inspections of samples, materials or equipment; appropriate professional interpretations of any of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic or utility surveys; property descriptions; and/or zoning or deed restrictions; all of which Olsson may rely upon in performing services hereunder. 3.4.2 Guarantee access to and make all provisions for Olsson to enter upon public and private property reasonably necessary to perform its services on the Project(s). 3.4.3 Provide such legal, accounting, independent cost estimating or insurance counseling services as may be required for the Project(s); any auditing service required in respect of contractor(s)' applications for payment; and/or any inspection services to determine if contractor(s) are performing the work legally. 3.4.4 Provide engineering surveys to establish reference points for construction unless specifically included in Olsson’s Scope of Services. 3.4.5 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project(s). 3.4.6 If more than one prime contractor is to be awarded the contract for construction, designate a party to have responsibility and authority for coordinating and interfacing the activities of the various prime contractors. 3.5 Client shall pay all costs incident to obtaining bids or proposals from contractor(s). 3.6 Client shall pay all permit application review costs for government authorities having jurisdiction over the Project(s). 3.7 Contemporaneously with the execution of this Agreement, Client shall designate in writing an individual to act as its duly authorized Project(s) representative. 3.8 Client shall bear sole responsibility for: 3.8.1 Jobsite safety. Neither the professional activities of Olsson, nor the presence of Olsson or its employees or sub-consultants at the Project shall impose any duty on Olsson relating to any health or safety laws, regulations, rules, programs or procedures. 3.8.2 Notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project(s) site. 3.8.3 Providing and updating Olsson with accurate information regarding existing conditions, including the existence of hazardous or dangerous materials, proposed Project(s) site uses, any change in Project(s) plans, and all subsurface installations, such as pipes, tanks, cables and utilities within the Project(s) site. 3.9 Client releases Olsson from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Client or others. 3.10 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site, Olsson may immediately stop work in the affected area and report the condition to Client. Client shall be solely responsible for retaining independent consultant(s) to determine the nature of the material and to abate or remove the material. Olsson shall not be required to perform any services or work relating to or in the area of such material until Grand Island Council Session - 7/12/2016 Page 39 / 164 Page 3 of 8 19-3868.01 the material has been removed or rendered harmless and only after approval, if necessary of the government agency with jurisdiction. 3.11 Providing and assuming all responsibility for: interpretation of contract documents; Construction Observations; Certifications; Inspections; Construction Cost Estimating; project observations; construction management; construction scheduling; construction phasing; and review of Contractor's performance, means and methods. Client waives any claims against Olsson and releases Olsson from liability relating to or arising out of such services and agrees, to the fullest extent permitted by law, to indemnify and hold Olsson harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to such actions and services. SECTION 4—MEANING OF TERMS 4.1 The “Cost of Construction” of the entire Project(s) (herein referred to as "Cost of Construction") means the total cost to Client of those portions of the entire Project(s) designed and specified by Olsson, but it will not include Olsson's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include Client's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project(s) or the cost of other services to be provided by others to Client pursuant to Section 3. 4.2 The “Salary Costs”: Used as a basis for payment mean salaries and wages (base and incentive) paid to all Olsson's personnel engaged directly on the Project(s), including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits, including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits. 4.3 “Certify” or “a Certification”: If included in the Scope of Services, such services shall be limited to a statement of Olsson’s opinion, to the best of Olsson’s professional knowledge, information and belief, based upon its periodic observations and reasonable review of reports and tests created by Olsson or provided to Olsson. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that any certifications based upon discrete sampling observations and that such observations indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services and certification does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Olsson shall sign pre- printed form certifications only if (a) Olsson approves the form of such certification prior to the commencement of its services, (b) such certification is expressly included in the Scope of Services, (c) the certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee, express or implied. It is understood that any certification by Olsson shall not relieve the Client or the Client’s contractors of any responsibility or obligation they may have by industry custom or under any contract. 4.4 “Construction Cost Estimate”: An opinion of probable construction cost made by Olsson. In providing opinions of probable construction cost, it is recognized that neither the Client nor Olsson has control over the costs of labor, equipment or materials, or over the contractor’s methods of determining prices or bidding. The opinion of probable construction costs is based on Olsson’s reasonable professional judgment and experience and does not constitute a warranty, express or implied, that the contractor’s bids or the negotiated price of the work on the Project(s) will not vary from the Client’s budget or from any opinion of probable cost prepared by Olsson. 4.5 “Day”: A calendar day of 24 hours. The term “days” shall mean consecutive calendar days of 24 hours each, or fraction thereof. 4.6 “Construction Observation”: If included in the Scope of Services, such services during construction shall be limited to periodic visual observation and testing of the work to determine that the observed work generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of Construction Observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor or for the contractor’s safety precautions and programs nor for failure by the contractor to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor. Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor or any subcontractor. Client, or its designees shall notify Olsson at least twenty-four (24) hours in advance of any field tests and observations required by the construction documents. 4.7 “Inspect” or “Inspection”: If included in the Scope of Services, such services shall be limited to the periodic visual observation of the contractor’s completed work to permit Olsson, as an experienced and qualified professional, to determine that the observed work, generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of such Grand Island Council Session - 7/12/2016 Page 40 / 164 Page 4 of 8 19-3868.01 observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Client, or its designees, shall notify Olsson at least twenty-four (24) hours in advance of any inspections required by the construction documents. 4.8 “Record Documents”: Drawings prepared by Olsson upon the completion of construction based upon the drawings and other data furnished to Olsson by the Contractor and others showing significant changes in the work on the Project(s) made during construction. Because Record Documents are prepared based on unverified information provided by others, Olsson makes no warranty of the accuracy or completeness of the Record Documents. SECTION 5—TERMINATION 5.1 Either party may terminate this Agreement, for cause upon giving the other party not less than seven (7) calendar days written notice of default for any of the following reasons; provided, however, that the notified party shall have the same seven (7) calendar day period in which to cure the default: 5.1.1 Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; 5.1.2 Assignment of this Agreement or transfer of the Project(s) by either party to any other entity without the prior written consent of the other party; 5.1.3 Suspension of the Project(s) or Olsson’s services by the Client for more than ninety (90) calendar days, consecutive or in the aggregate. 5.2 In the event of a “for cause” termination of this Agreement by either party, the Client shall, within fifteen (15) calendar days after receiving Olsson’s final invoice, pay Olsson for all services rendered and all reimbursable costs incurred by Olsson up to the date of termination, in accordance with the payment provisions of this Agreement. 5.2.1 In the event of a “for cause” termination of this Agreement by Client and (a) a final determination of default is entered against Olsson under Section 6.2 and (b) Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product pursuant to Section 7.1. 5.3 The Client may terminate this Agreement for the Client’s convenience and without cause upon giving Olsson not less than seven (7) calendar days written notice. In the event of any termination that is not the fault of Olsson, the Client shall pay Olsson, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by Olsson in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs, any fees, costs or expenses incurred by Olsson in preparing or negotiating any proposals submitted to Client for Olsson’s Scope of Services or Optional Additional Services under this Agreement and all other expenses directly resulting from the termination and a reasonable profit of ten percent (10%) of Olsson’s actual costs (including overhead) incurred. SECTION 6—DISPUTE RESOLUTION 6.1. Mediation 6.1.1 All questions in dispute under this Agreement shall be submitted to mediation. On the written notice of either party to the other of the election to submit any dispute under this Agreement to mediation, each party shall designate their representatives and shall meet within ten (10) days after the service of the notice. The parties themselves shall then attempt to resolve the dispute within ten (10) days of meeting. 6.1.2 Should the parties themselves be unable to agree on a resolution of the dispute, and then the parties shall appoint a third party who shall be a competent and impartial party and who shall be acceptable to each party, to mediate the dispute. Any third party mediator shall be qualified to evaluate the performance of both of the parties, and shall be familiar with the design and construction progress. The third party shall meet to hear the dispute within ten (10) days of their selection and shall attempt to resolve the dispute within fifteen (15) days of first meeting. 6.1.3 Each party shall pay the fees and expenses of the third party mediator and such costs shall be borne equally by both parties. 6.2 Arbitration or Litigation 6.2.1 Olsson and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Olsson, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Olsson and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of Olsson. If Olsson chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA. 6.2.2 Client hereby agrees that Olsson shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Olsson and a subconsultant or subcontractor of Olsson or Olsson and any other person or entity, regardless of who originally initiated such proceedings. 6.2.3 If Olsson chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in Lincoln, Nebraska, the location of Olsson’s home office. Grand Island Council Session - 7/12/2016 Page 41 / 164 Page 5 of 8 19-3868.01 6.2.4 The prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. 6.3 Certification of Merit Client agrees that it will not assert any claim, including but not limited to, professional negligence, negligence, breach of contract, misconduct, error, omission, fraud, or misrepresentation (“Claim”) against Olsson, or any Olsson subconsultant, unless Client has first provided Olsson with a sworn certificate of merit affidavit setting forth the factual and legal basis for such Claim (the “Certificate”). The Certificate shall be executed by an independent engineer (“Certifying Engineer”) currently licensed and practicing in the jurisdiction of the Project site. The Certificate must contain: (a) the name and license number of the Certifying Engineer; (b the qualifications of the Certifying Engineer, including a list of all publications authored in the previous 10 years and a list of all cases in which the Certifying Engineer testified within the previous 4 years ; (c) a statement by the Certifying Engineer setting forth the factual basis for the Claim; (d) a statement by the Certifying Engineer of each and every act, error, or omission that the Certifying Engineer contends supports the Claim or any alleged violation of any applicable standard of care; (e) a statement by the Certifying Engineer of all opinions the Certifying Engineer holds regarding the Claim or any alleged violation of any applicable standard of care; (f) a list of every document related to the Project reviewed by the Certifying Engineer; and (g) a list of every individual who provided Certifying Engineer with any information regarding the Project. The Certificate shall be provided to Olsson not less than thirty (30) days prior to any arbitration or litigation commenced by Client or not less than ten (10) days prior to the initial response submitted by Client in any arbitration or litigation commenced by someone other than Client. The Certificate is a condition precedent to the right of Client to assert any Claim in any litigation or arbitration and Client’s failure to timely provide a Certificate to Olsson will be grounds for automatic dismissal of the Claim with prejudice. SECTION 7—MISCELLANEOUS 7.1 Reuse of Documents All documents, including drawings, specifications, reports, boring logs, maps, field data, data, test results, information, recommendations, or opinions prepared or furnished by Olsson (and Olsson's independent professional associates and consultants) pursuant to this Agreement (“Work Product”), are all Olsson’s instruments of service, do not constitute goods or products, and are copyrighted works of Olsson. Olsson shall retain an ownership and property interest in such Work Product whether or not the Project(s) is completed. If Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product and Client may make and retain copies of Work Product for use in connection with the Project(s); however, such Work Product is for the exclusive use and benefit of Client or its agents in connection with the Project(s), are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client or its agents for any purpose other than the Project(s). Such Work Product is not intended or represented to be suitable for reuse by Client or others on extensions of the Project(s) or on any other Project(s). Client will not distribute or convey such Work Product to any other persons or entities without Olsson's prior written consent which shall include a release of Olsson from liability and indemnification by the third party. Any reuse of Work Product without written verification or adaptation by Olsson for the specific purpose intended will be at Client's sole risk and without liability or legal exposure to Olsson, or to Olsson's independent professional associates or consultants, and Client shall indemnify and hold harmless Olsson and Olsson's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation of Work Product will entitle Olsson to further compensation at rates to be agreed upon by Client and Olsson. 7.2 Electronic Files By accepting and utilizing any electronic file of any Work Product or other data transmitted by Olsson, the Client agrees for itself, its successors, assigns, insurers and all those claiming under or through it, that by using any of the information contained in the attached electronic file, all users agree to be bound by the following terms. All of the information contained in any electronic file is the work product and instrument of service of Olsson, who shall be deemed the author, and shall retain all common law, statutory law and other rights, including copyrights, unless the same have previously been transferred in writing to the Client. The information contained in any electronic file is provided for the convenience to the Client and is provided in “as is” condition. The Client is aware that differences may exist between the electronic files transferred and the printed hard-copy original signed and stamped drawings or reports. In the event of a conflict between the signed original documents prepared by Olsson and the electronic files, which may be transferred, the signed and sealed original documents shall govern. Olsson specifically disclaims all warranties, expressed or implied, including without limitation, and any warranty of merchantability or fitness for a particular purpose with respect to any electronic files. It shall be Client’s responsibility to confirm the accuracy of the information contained in the electronic file and that it accurately reflects the information needed by the Client. Client shall not retransmit any electronic files, or any portion thereof, without including this disclaimer as part of any such transmissions. In addition, Client agrees, to the fullest extent permitte d by law, to indemnify and hold harmless Olsson, its officers, directors, employees and sub consultants against any and all damages, liabilities, claims or costs, including reasonable attorney’s and expert witness fees and defense costs, arising from any changes made by anyone other than Olsson or from any reuse of the electronic files without the prior written consent of Olsson. 7.3 Construction Cost Estimate Since Olsson has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Olsson's Construction Cost Estimate provided for herein is made on the basis of Olsson's experience and qualifications and represent Olsson's best judgment as an experienced and qualified professional engineer, familiar with the construction industry. Client acknowledges and agrees that Olsson cannot and does not guarantee proposals or bids and that actual total Project(s) Grand Island Council Session - 7/12/2016 Page 42 / 164 Page 6 of 8 19-3868.01 or construction costs may reasonably vary from Olsson’s Construction Cost Estimate. If prior to the bidding or negotiating phase Client wishes greater assurance as to total Project(s) or construction costs, Client shall employ an independent cost estimator as provided in paragraph 3.4.3. If Olsson’s Construction Cost Estimate was performed in accordance with its standard of care and was reasonable under the total circumstances, any services performed by Olsson to modify the contract documents to bring the construction cost within any limitation established by Client will be considered Optional Additional Services and paid for as such by Client. If, however, Olsson’s Construction Cost Estimate was not performed in accordance with its standard of care and was unreasonable under the total circumstances and the lowest negotiated bid for construction of the Project(s) unreasonably exceeds Olsson's Construction Cost Estimate, Olsson shall modify its work as necessary to adjust the Project(s)’ size, and/or quality to reasonably comply with the Client’s budget at no additional cost to Client. Under such circumstances, Olsson’s modification of its work at no cost shall be the limit of Olsson’s responsibility with regard to any unreasonable Construction Cost Estimate. 7.4 Prevailing Wages It is Client's responsibility to determine whether the Project(s) is covered under any prevailing wage regulations. Unless Client specifically informs Olsson in writing that the Project(s) is a prevailing wage project and is identified as such in the Scope of Services, Client agrees to reimburse Olsson and to defend, indemnify and hold harmless Olsson from and against any liability, including costs, fines and attorneys' fees, resulting from a subsequent determination that the Project(s) was covered under any prevailing wage regulations. 7.5 Samples All material testing samples shall remain the property of the Client. If appropriate, Olsson shall preserve samples obtained no longer than forty-five (45) days after the issuance of any document that includes the data obtained from those samples. After that date, Olsson may dispose of the samples or return them to Client at Client's cost. 7.6 Standard of Care Olsson will strive to perform its services in a manner consistent with that level of care and skill ordinarily exercised by members of Olsson’s profession providing similar services in the same locality under similar circumstances at the time Olsson’s services are performed. This Agreement creates no other representation, warranty or guarantee, express or implied. 7.7 Force Majeure Any delay in the performance of any of the duties or obligations of either party hereto (except the payment of money) shall not be considered a breach of this Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God, acts of the public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions, boycotts, fires, explosions, floods, shortages of material or energy, or other unforeseeable causes beyond the control and without the fault or negligence of the party so affected. The affected party shall give prompt notice to the other party of such cause, and shall take promptly whatever reasonable steps are necessary to relieve the effect of such cause. 7.8 Confidentiality In performing this Agreement, the parties may disclose to each other written or oral non-public, confidential or proprietary information, including but not limited to, information of a business, planning, marketing or technical nature and models, tools, hardware and software, and any documents, reports, memoranda, notes, files or analyses that contain, summarize or are based upon any proprietary or confidential information (hereafter referred to as the "Information"). 7.8.1 Therefore, Olsson and Client agree that the party receiving Information from the other party to this Agreement (the “Receiving Party”) shall keep Information confidential and not use the Information in any manner other than in the performance of this Agreement without prior written approval of the party disclosing Information (the “Disclosing Party”) unless Client is a public entity and the release of Information is required by law or legal process. 7.8.2 The existence of discussions between the parties, the purpose of this Agreement, and this Agreement shall be considered Information subject to the confidentiality provisions of this Agreement. 7.8.3 Notwithstanding anything to the contrary herein, the Receiving Party shall have no obligation to preserve the confidentiality of any Information which: 7.8.3.1 was previously known to the Receiving Party free of any obligation to keep it confidential; or 7.8.3.2 is or becomes publicly available by other than unauthorized disclosures; or 7.8.3.3 is independently developed by the Receiving Party without a breach of this Agreement; or 7.8.3.4 is disclosed to third parties by the Disclosing Party without restrictions; or 7.8.3.5 is received from a third party not subject to any confidentiality obligations. 7.8.4 In the event that the Receiving Party is required by law or legal process to disclose any of Information of the Disclosing Party, the Receiving Party required to disclose such Information shall provide the Disclosing Party with prompt oral and written notice, unless notice is prohibited by law (in which case such notice shall be provided as early as may be legally permissible), of any such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy. 7.8.5 Nothing contained in this Agreement shall be construed as altering any rights that the Disclosing Party has in the Information exchanged with or disclosed to the Receiving Party, and upon request, the Receiving Party will return all Information received in tangible form to the Disclosing Party, or at the Receiving Party’s option, destroy all such Information. If the Receiving Party exercises its option to destroy the Information, the Receiving Party shall certify such destruction to the Disclosing Party. Grand Island Council Session - 7/12/2016 Page 43 / 164 Page 7 of 8 19-3868.01 7.8.6 The parties acknowledge that disclosure or use of Information in violation of this Agreement could cause irreparable harm for which monetary damages may be difficult to ascertain or constitute an inadequate remedy. Each party therefore agrees that the Disclosing Party shall be entitled in addition to its other rights to seek injunctive relief for any violation of this Agreement. 7.8.7 The obligations of confidentiality set forth herein shall survive termination of this Agreement, but shall only remain in effect for a period of one (1) year from the date the Information is first disclosed. 7.9 Damage or Injury to Subterranean Structures or Utilities, Hazardous Materials, Pollution and Contamination 7.9.1 To the extent that work pursuant to this Agreement requires any sampling, boring, excavation, ditching or other disruption of the soil or subsurface at the Site, Olsson shall confer with Client prior to such activity and Client will be responsible for identifying, locating and marking, as necessary, any private subterranean structures or utilities and Olsson shall be responsible for arranging investigation of public subterranean structures or utilities through an appropriate utility one-call provider. Thereafter, Olsson shall take all reasonable precautions to avoid damage or injury to subtrerranean structures or utilities which were identified by Client or the one-call provider. Olsson shall not be responsible for any damage, liability or costs, for any property damage, injury or economic loss arising or allegedly arising from damages to subterranean structures or utilities caused by subsurface penetrations in locations approved by Client and/or the one call provider or not correctly shown on any plans, drawings or utility clearance provided to Olsson, except for damages caused by the negligence of Olsson in the use of such information. 7.9.2 It is understood and agreed that any assistance Olsson may provide Client in the disposal of waste materials shall not result in Olsson being deemed as a generator, arranger, transporter or disposer of hazardous materials or hazardous waste as defined under any law or regulation. Title to all samples and waste materials remains with Client, and at no time shall Olsson take title to the above material. Client may authorize Olsson to execute Hazardous Waste Manifest, Bill of Lading or other forms as agent of Client. If Client requests Olsson to execute such documents as its agent, the Hazardous Waste Manifest, Bill of Lading or other similar documents shall be completed in the name of the Client. Client agrees to indemnify and hold Olsson harmless from any and all claims that Olsson is a generator, arranger, transporter, or disposer of hazardous waste as a result of any actions of Olsson, including, but not limited to, Olsson signing a Hazardous Waste Manifest, Bill of Lading or other form on behalf of Client. 7.9.3 At any time, Olsson can request in writing that Client remove samples, cuttings and hazardous substances generated by the Project(s) from the project site or other location. Client shall promptly comply with such request, and pay and be responsible for the removal and lawful disposal of samples, cuttings and hazardous substances, unless other arrangements are mutually agreed upon in writing. 7.9.4 Client shall release Olsson of any liability for, and shall defend and indemnify Olsson against any and all claims, liability and expense resulting from operations under this Agreement on account of injury to, destruction of, or loss or impairment of any property right in or to oil, gas, or other mineral substance or water, if at the time of the act or omission causing such injury, destruction, loss or impairment, said substance had not been reduced to physical possession above the surface of the earth, and for any loss or damage to any formation, strata, reservoir beneath the surface of the earth. 7.9.5 Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between Olsson and Client that the responsibility for pollution and contamination shall be as follows: 7.9.5.1 Unless otherwise provided herein, Client shall assume all responsibility for, including control and removal of, and protect, defend and save harmless Olsson from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination (including naturally occurring radioactive material) which originates above the surface of the land or water from spills of fuels, lubricants, motor oils, pipe dope, paints, solvents, ballast, bilge and garbage, except unavoidable pollution from reserve pits, wholly in Olsson’s possession and control and directly associated with Olsson’s equipment. 7.9.5.2 In the event a third party commits an act or omission which results in pollution or contamination for which either Olsson or Client, for whom such party is performing work, is held to be legally liable, the responsibility therefore shall be considered as between Olsson and Client, to be the same as if the party for whom the work was performed had performed the same and all of the obligations regarding defense, indemnity, holding harmless and limitation of responsibility and liability, as set forth herein, shall be specifically applied. 7.10 Controlling Law and Venue The parties agree that this Agreement and any legal actions concerning its validity, interpretation or performance shall be governed by the laws of the State of Nebraska. It is further agreed that any legal action between the parties arising out of this Agreement or the performance of services shall be brought in a court of competent jurisdiction in Nebraska. 7.11 Subconsultants Olsson may utilize as necessary in its discretion subconsultants and other subcontractors. Olsson will be paid for all services rendered by its subconsultants and other subconsultants as set forth in this Agreement. 7.12 Assignment 7.12.1 Client and Olsson each are hereby bound and the partners, successors, executors, administrators and legal representatives of Client and Olsson (and to the extent permitted by paragraph 7.12.2 the assigns of Client and Olsson) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. Grand Island Council Session - 7/12/2016 Page 44 / 164 Page 8 of 8 19-3868.01 7.12.2 Neither Client nor Olsson shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Olsson from employing such subconsultants and other subcontractors as Olsson may deem appropriate to assist in the performance of services under this Agreement. 7.12.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Client and Olsson, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and Olsson and not for the benefit of any other party. There are no third-party beneficiaries of this Agreement. 7.13 Indemnity Olsson and Client mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to third party personal injury or third party property damage and arising from their own negligent acts, errors or omissions in the performance of their services under this Agreement, but only to the extent that each party is responsible for such damages, liabilities or costs on a comparative basis of fault. 7.14 Limitation on Damages 7.14.1 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither party’s individual employees, principals, officers or directors shall be subject to personal liability or damages arising out of or connected in any way to the Project(s) or to this Agreement. 7.14.2 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither Client nor Olsson, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any delay damages, any punitive damages or any incidental, indirect or consequential damages arising out of or connected in any way to the Project(s) or to this Agreement. This mutual waiver of delay damages and consequential damages shall include, but is not limited to, disruptions, accelerations, inefficiencies, increased construction costs, increased home office overhead, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other delay or consequential damages that either party may have incurred from any cause of action including, but not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract and/or breach of strict or implied warranty. Both the Client and Olsson shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in the Project(s). 7.14.3 Notwithstanding any other provision of this Agreement, Client agrees that, to the fullest extent permitted by law, Olsson’s total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claims expenses of any kind arising from any services provided by or through Olsson under this Agreement, shall not exceed the amount of Olsson’s fee earned under this Agreement. Client acknowledges that such causes include, but are not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract and/or breach of strict or implied warranty. This limitation of liability shall apply to all phases of Olsson’s services performed in connection with the Project(s), whether subsequent to or prior to the execution of this Agreement. 7.15 Entire Agreement This Agreement supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by the Client and Olsson. Grand Island Council Session - 7/12/2016 Page 45 / 164 Page 1 of 7 SCOPE OF SERVICES This exhibit is hereby attached to and made a part of the Letter Agreement for Professional Services dated June 28, 2016 between City of Grand Island, NE (“Client”) and Olsson Associates (“Olsson”) providing for professional services. Olsson’s Scope of Services for the Agreement is indicated below. PROJECT DESCRIPTION AND LOCATION Project will be located at: Grand Island, NE Project Description: Grand Island Lift Station No 20 and Force Main Improvements SCOPE OF SERVICES Olsson shall provide the following services (Scope of Services) to Client for the Project: PHASE 100: PROJECT MANAGEMENT Olsson shall coordinate meetings and establish schedules with the Client to ensure timely Project advancement. Tasks performed under this phase of the work shall include the following: Task 101: Project Initiation Meeting - Meet with the Client, conduct a site visit, and discuss project specifics and prerequisites. Specific project personnel will be identified and channels of communication will be established. Contractual matters will be addressed as required. Task 102: Project Design Coordination – Day to day coordination and correspondence with parties of interest to insure timely project advancement and progress updates. Task 103: Meetings with Owner – Olsson will meet with the Client to discuss the development of the plans and specifications. A total of two meetings are anticipated. The anticipated meetings are a 30% review meeting (design memorandum) and a 90% review meeting. PHASE 500: TOPOGRAPHIC SURVEY Olsson shall complete items associated with the topographic survey for the project. Task to be completed include: Task 501: Locate Existing Utilities - Olsson shall contact the Diggers Hotline of Nebraska to request the location and size of any existing underground conduits or cables along the proposed projects alignment. Olsson shall have the horizontal location of the known existing utilities located in the field and incorporate this information into the project drawings as required. Task 502: Establish Control and Survey – Olsson shall establish control points with known vertical and horizontal coordinates. Olsson shall perform topographic survey along the proposed improvements within the project area. Olsson shall also locate section corners and property pins to layout R.O.W. lines and to write legal descriptions and generate tract drawings for the needed permanent easements, temporary easements, and/or right-of-ways. Grand Island Council Session - 7/12/2016 Page 46 / 164 Page 2 of 7 Task 503: Reduce Survey & Cleanup Drawing – From the information collected in the survey the Olsson shall produce a topographic drawing of the project area in AutoCad format. PHASE 510: EASEMENT / RIGHT-OF-WAY ACQUISITION Olsson shall complete items associated with the permanent and temporary easement acquisition for the installation of the new force main and the temporary easement and right-of- way for the new lift station. It is anticipated that there are four tracts with a total of two individual landowners from which easements will be required. Tasks to be completed include: Task 511: Easement / Right-of-Way Descriptions & Tract Drawings – Olsson shall prepare legal descriptions and tract drawings for the permanent easements, temporary easements, and/or right-of-way required from each of the impacted tracts. Task 512: Title Search & Appraisals – Olsson shall perform a title search and have an appraisal completed for each of the impacted tracts for use in the acquisition of the temporary easement, permanent easement, and/or right-of-way. Task 513: Easement Acquisitions – Olsson shall assist the City in the negotiations for the acquisition of the temporary and/or permanent easements. Olsson will prepare the easement documents, present, explain offers, answer related questions, and secure signatures from interested parties. Olsson will attempt to meet with each property owner at least three times if necessary. Olsson will perform the services in accordance with the City of Grand Island’s procedures. The goal will be to acquire the necessary right of way through amicable negotiations. If condemnation is required, Olsson will deliver the parcel files to the City of Grand Island and be available for consultation or condemnation testimony. Olsson will submit signed purchase agreements, deeds and temporary easements, along with a payment transmittal letter to the City. The City will approve all signed purchase agreements and easement documents and will make payments to each property owner and tenant, if necessary. The City will record the deeds at the County Courthouse, and provide copies of the recorded documents and payment vouchers or checks to Olsson in order to complete the acquisition file. PHASE 520: GEOTECHNICAL INVESTIGATION Olsson shall perform engineering services including exploratory work, laboratory and field testing, and professional guidance in tests to be made at test locations based on preliminary drawings and designs and including professional interpretations of exploratory and test data. The services will include: Task 521: Geotechnical Borings – Olsson shall perform geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils including corrosivity testing, rock formations, and other geophysical phenomena which may be required to provide information for design, and field and laboratory tests and Grand Island Council Session - 7/12/2016 Page 47 / 164 Page 3 of 7 analyses which are required to provide design information for the new lift station and new force main. Task 522: Geotechnical Report – Olsson shall prepare a geotechnical report interpreting the data on the exploratory work. Included will be recommendations for testing and setting out the site conditions that can be anticipated from this initial exploratory work. PHASE 530 – LIFT STATION NO. 20 AND FORCE MAIN DESIGN AND LIFT STATION NO. 14 ABANDONMENT Olsson shall prepare a set of plans and specifications that can be used as bid and construction documents that will allow the project to be competitively bid and constructed. The tasks performed shall include: Task 531: Design Lift Station No. 20 – Olsson shall design the lift station improvements. These improvements will finalize the siting and sizing of the lift station, structural, mechanical, electrical design (including generator) for the lift station and building. Instrumentation & control design for the lift station which will be the first step in the City’s migration away from the use of CrystalBall for lift station alarming. The improvements will also include site improvements for the lift station including access road to the lift station, possible future chemical addition, site grading, and seeding. A building to house the electrical and control equipment is included in the project design. The impact that the potential development south of Husker Highway has on the street layout around Lift Station No. 20 will be evaluated during the lift station design so that the proposed lift station will not have a negative impact on the proposed development layout. Task 532: Design Lift Station No. 20 Force Main Improvements – Olsson shall evaluate the existing force main and determine if trenchless rehabilitation of the existing force main is feasible. Olsson will evaluate the anticipated flows from the new lift station and the impact the flows have on the capacity of the existing force main. A new force main in either in conjunction with the existing force main or as a standalone force main will be evaluated. These improvements will include finalizing the alignment and size of the force main, valve locations, air release structure locations, manhole locations, and connection to the existing sanitary sewer system. Task 533: Design Lift Station No. 14 Abandonment – Olsson shall design the needed site improvements for the abandonment of Lift Station No. 14. These improvements will finalize the siting and sizing of the gravity sewer lines and connection to the existing sanitary sewer system. The improvements will also include the abandonment of the existing lift station structure and the restoration of the site. It is our understanding that Black & Veatch will perform the following modeling items for the City: - Re-evaluate the upstream current future flows for Lift Station No. 20 based on the proposed development south of Husker Highway, the completion of the Hwy. Grand Island Council Session - 7/12/2016 Page 48 / 164 Page 4 of 7 281 gravity sewer, and the completion of the SID #2 sanitary sewer project. The current and projected flows will be used to size the lift station pumps. - Evaluate the capacity of the west interceptor to determine the available flow range for Lift Station No. 20 so that capacity issues in the west interceptor are not caused by the lift station flows. - Re-evaluate the abandonment of Lift Station No. 14 and the potential downstream impacts of the lift station abandonment. Olsson will coordinate with Black & Veatch and the modeling and the results of the modeling. At the completion of Tasks 531, 532, and 533 a Design Memorandum will be prepared and reviewed with the City. Once approved by the City, the design memorandum will serve as the basis for the final design of the lift station, force main, and lift station abandonment. Task 534: Prepare Plans & Specifications – Olsson shall prepare plan sheets, technical specifications, and front end documents for the proposed project based on the project components outlined in the approved design memorandum. The complete plans and specifications will be submitted to the Nebraska Department of Environmental Quality for review. Task 535: QA/QC Review – A review of the Plans and Specifications will be conducted internally for Quality Assurance at the 30% design, 60% design, and 90% design levels. Task 536: Prepare Cost Opinion - A final opinion of probable construction cost shall be prepared, based upon the information in the plans and specifications and presented to the Client. PHASE 540 – PROJECT PERMITTING Olsson shall work with the City on obtaining the necessary permits that will be required to construct the project. The tasks performed shall include: Task 541: NDOR Permits – Olsson shall prepare the necessary NDOR permits required for the project. The anticipated permits are permits to occupy and a permit to cross NDOR right-of-way. Task 542: SWPPP – Olsson shall prepare Erosion Control Documents containing the following:  Plan Sheet(s) showing the location of BMP’s.  Details & Standard Plans of BMP’s to be used.  3-ring binder complete with permit and supporting documents  Fill out Notice of Intent (NOI). o Submittal of the NOI is the responsibility of Client.  At the preconstruction meeting, yet to be scheduled, the needed maintenance & updating of the plan through completion and seeding will be discussed. Client will provide to Olsson the following: Grand Island Council Session - 7/12/2016 Page 49 / 164 Page 5 of 7  Name, address, phone number and e-mail of the onsite foreman who will be responsible for the SWPPP and inspections during construction. Exclusions  Bi-weekly Stormwater Construction Site Inspection Report completion o The proper filling out of these reports will be covered at the preconstruction meeting.  Completion and submittal of the Notice of Termination (NOT) o The proper filling out of this form will be covered at the preconstruction meeting. No wetland delineation or U.S. Corps of Engineers Nationwide 404 permit application is anticipated being needed for the proposed improvements and no fees have been included in the agreement for this work. PHASE 600 – BID PHASE SERVICES Olsson shall assist the Client in bidding the project. The tasks shall include: Task 601: Prepare and Distribute Bid Documents – Olsson shall arrange for preparation and distribution of bid documents to prospective bidders. Olsson shall maintain a list of current holders of bid documents. Task 602: Answer Bidder Inquiries – Olsson shall answer bidder’s inquiries & questions regarding the construction documents. Task 603: Prepare Addenda – Olsson shall prepare and distribute addenda to the bidders that may be needed during the bid phase. Task 604: Attend Pre-Bid Conference - Olsson shall attend a pre-bid conference prior to bid opening. Task 605: Attend Bid Opening – Olsson shall attend bid opening to assist Client in opening bids. Task 606: Evaluate Bids & Recommend Award – Olsson shall assist the City in evaluating the bids and qualifications of the bidders, and provide a Recommendation of Award to Client. Client to prepare bid tabulation. PHASE 620 – CONSTRUCTION ADMINISTRATION SERVICES Olsson shall assist the Owner in the Administration of the project during the construction phase of the project. Olsson shall perform the tasks listed below: Task 621: Organize Pre-construction Meeting - Olsson shall organize and attend the pre-construction meeting, assist in preparing the meeting agenda, and shall prepare and distribute to all attendees (narrative style) minutes of the pre-construction meeting. Task 622: Review Submittal Data - Olsson shall review the Contractor’s submittal data on materials for general conformance with the intent of the design. Grand Island Council Session - 7/12/2016 Page 50 / 164 Page 6 of 7 Task 623: Construction Progress Meetings - Olsson shall attend construction progress meetings, assist in preparing the meeting agenda, and shall prepare and distribute to all attendees (narrative style) minutes of the progress meetings for the project. A total of five construction progress meetings are anticipated. Task 624: Review Progress Payments and Change Orders - Olsson shall review the Contractor’s monthly progress payment applications for general conformance with the progress of the work and mathematical accuracy. Olsson shall review and prepare construction change order requests and present to the Client. A total of six progress payments and two change orders are anticipated. Task 625: Review Final Application for Payment - Olsson shall review the Contractor’s final application for payment and the accompanying documentation for compliance with the contract requirements. Task 626: Construction Project Management – Day to day coordination and correspondence with parties of interest to insure timely project advancement and progress updates. Task 627: SCADA Integration – Olsson SCADA integration for a 2 pump system with option for third future pump. SCADA integration to included PLC programming, HMI configuration, Alarming, Trending, and Reporting to match existing WWTP Rockwell RSView HMI system. System will not include other lift stations but will be designed to accommodate future additions. . PHASE 640. CONSTRUCTION OBSERVATION SERVICES Olsson shall perform full time construction observation services on behalf of the Client during the construction of the project. Task 641: Construction Observation - Duties and responsibilities of the Olsson’s Resident Project Representative shall be as described in “Exhibit B - Duties, Responsibilities, and Limitations of Authority of the Resident Project Representative.” A representative will be on site when work of substance is being completed. A total of twenty-two weeks of full time observation at 45 hours per week is anticipated (estimated total of 990 hours). Task 642: Construction Materials Testing – Olsson shall perform the materials testing for the project. The testing that is anticipated is soil compaction testing and concrete testing. Any testing on the dewatering water shall be the responsibility of the Contractor. Task 643: Construction Staking – Olsson shall be responsible for the construction staking required to complete the work for the sanitary sewer lines. The level of construction staking that is to be provided will be detailed in the project specifications. PHASE 700. PROJECT CLOSE-OUT Olsson shall complete the following services to close out the project. These services shall include the following: Grand Island Council Session - 7/12/2016 Page 51 / 164 Page 7 of 7 Task 701: Organize Final Inspection - Olsson shall organize and attend the final inspection of the project with the Client’s personnel and regulatory agencies and provide written comments to the Client. Task 702: Review Contractor’s Records - Olsson shall review the Contractor’s record drawings for completeness and legibility. Olsson shall identify additional information that may be required to complete the project record drawings and request the information from the Contractor. Task 703: Prepare Record Drawing Package - Using the Contractor’s and Olsson’s Resident Project Representative’s record drawings, Olsson shall revise the construction documents to reflect the construction records for the project. Olsson shall also prepare a summary of the materials testing that was completed on the project. Olsson shall provide the Client with two (2) sets of record drawings and testing package and a CD of the .pdfs of the record drawings and testing package. Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client’s prior written approval. Olsson agrees to provide all of its services in a timely, competent and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. OLSSON ASSOCIATES, INC. By _____________________________ ____________________________ Matt Rief Joe Baxter If you accept this Scope of Services, please sign: CITY OF GRAND ISLAND, NE By _____________________________ Signature Print Name ______________________ Title ____________________________ Dated: _________________________ Grand Island Council Session - 7/12/2016 Page 52 / 164 Page 1 of 1 REIMBURSABLE EXPENSE SCHEDULE The expenses incurred by Olsson or Olsson's independent professional associates or consultants directly or indirectly in connection with the Project shall be included in periodic billing as follows: Classification Cost Automobiles (Personal Vehicle) $0.540/mile* Suburbans and Pick-Ups $0.75/mile* Automobiles (OA Vehicle) $85.00/day Other Travel or Lodging Cost Actual Cost Meals Actual Cost Printing and Duplication including Mylars and Linens In-House Actual Cost Outside Actual Cost+10% Postage & Shipping Charges for Project Related Materials including Express Mail and Special Delivery Actual Cost Film and Photo Developing Actual Cost+10% Telephone and Fax Transmissions Actual Cost+10% Miscellaneous Materials & Supplies Applicable to this Project Actual Cost+10% Copies of Deeds, Easements or other Project Related Documents Actual Cost+10% Fees for Applications or Permits Actual Cost+10% Sub-Consultants Actual Cost+10% *Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change). Grand Island Council Session - 7/12/2016 Page 53 / 164 Page 1 of 3 DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of CONTRACTOR. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with Contract Documents and in particular the specific limitations set forth in the Agreement as applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: A. General RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealing in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealing with subcontractor shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meeting with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project- related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist the ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. Grand Island Council Session - 7/12/2016 Page 54 / 164 Page 2 of 3 b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings and Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 9. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. Grand Island Council Session - 7/12/2016 Page 55 / 164 Page 3 of 3 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. O:\UNDER CONSTRUCTION\LETTER AGREEMENT\1F_RPR Duties.doc Grand Island Council Session - 7/12/2016 Page 56 / 164 Date: 6/14/2016 Job: Lift Station No. 20, Force Main, and Lift Station No. 14 Abandonment TOTAL TOTAL TOTAL Phase/ MAN- LABOR EXPENSE TOTAL Task Description of Work DAYS FEE FEE FEE Phase 100 - Project Management 101 Project Initiation Meeting 1.50 $1,448 $45 $1,493 102 Project Design Coordination 8.75 $9,020 $25 $9,045 103 Meetings with Owner (2 planned) 3.50 $3,264 $125 $3,389 Sub-Total 13.75 $13,732 $195 $13,927 Phase 500 - Topographic Survey 501 Locate Existing Utilities 3.63 $2,024 $180 $2,204 502 Establish Control and Survey 8.50 $4,536 $180 $4,716 503 Reduce Survey & Cleanup Drawing 3.88 $2,032 $2,032 Sub-Total 16.01 $8,592 $360 $8,952 Phase 510 - Easement Acquisition 511 Easement and ROW Descriptions & Tract Drawings 4.94 $2,838 $35 $2,873 512 Title Search & Appraisals 0.19 $238 $4,000 $4,238 513 Easement Acquisitions 0.63 $716 $6,500 $7,216 Sub-Total 5.76 $3,792 $10,535 $14,327 Phase 520 - Geotechnical Investigation 521 Geotechnical Borings 0.38 $358 $5,200 $5,558 522 Geotechnical Report 0.50 $536 $8,700 $9,236 Sub-Total 0.88 $894 $13,900 $14,794 Phase 530 - Lift Station No. 20 and Force Main Design an 531 Design Lift Station No. 20 0 Lift Station Design 15.00 $12,680 $45 $12,725 0 Structural Design 6.88 $6,330 $45 $6,375 0 Mechanical & Electrical Design 13.13 $10,780 $45 $10,825 0 A&T Design 7.50 $7,700 $45 $7,745 532 Design Lift Station No. 20 Force Main Improvements 15.00 $12,860 $25 $12,885 533 Design Lift Station No. 14 Abandonment 5.75 $4,668 $25 $4,693 534 Prepare Plans & Specifications 46.25 $33,480 $65 $33,545 535 QA/QC Review 8.00 $7,952 $55 $8,007 536 Prepare Cost Opinion 3.25 $2,564 $15 $2,579 Sub-Total 120.76 $99,014 $365 $99,379 Phase 540 - Project Permitting 541 NDOR Permits 0.88 $730 $20 $750 542 SWPPP 3.63 $2,926 $50 $2,976 Sub-Total 4.51 $3,656 $70 $3,726 Phase 600 - Bid Phase Services 601 Prepare and Distribute Bid Documents 1.88 $1,262 $360 $1,622 602 Answer Bidder Questions 3.94 $3,796 $15 $3,811 603 Prepare Addenda 1.25 $1,092 $15 $1,107 604 Attend Pre-Bid Conference 1.00 $994 $994 605 Attend Bid Opening 0.38 $362 $362 606 Evaluate Bids / Recommend Award 1.25 $1,092 $5 $1,097 Sub-Total 9.70 $8,598 $395 $8,993 Phase 620 - Construction Administration Services 621 Attend Pre-Construction Meeting 1.75 $1,384 $30 $1,414 622 Review Submittal Data 8.00 $7,304 $40 $7,344 623 Attend Construction Progress Meetings 3.75 $3,792 $20 $3,812 Review Progress Payments and Change Orders Review Final Application for Payment 626 Construction Project Management 15.50 $13,220 $40 $13,260 627 SCADA Integration 18.00 $18,140 $600 $18,740 Sub-Total 52.25 $48,306 $760 $49,066 Phase 640 - Construction Observation Services 641 Construction Observation 123.75 $64,350 $2,830 $67,180 642 Construction Materials Testing 6.25 $3,000 $400 $3,400 643 Construction Staking 13.50 $7,428 $360 $7,788 Sub-Total 143.50 $74,778 $3,590 $78,368 Phase 660 - Contract Close Out 661 Attend Final Inspection 1.13 $1,086 $25 $1,111 662 Review Contractor's Records 0.75 $638 $638 663 Prepare Record Drawing Package 9.00 $6,408 $175 $6,583 Sub-Total 10.88 $8,132 $200 $8,332 GRAND TOTAL 378.00 $269,494 $30,370 $299,864 6/14/2016 Lift Station No. 20, Force Main, and Lift Station No. 14 Abandonment- Fees (2) Grand Island Council Session - 7/12/2016 Page 57 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-164 WHEREAS, the City of Grand Island requested qualifications of professional engineering consulting services in order to upgrade Lift Station No. 20 and rehabilitate the force main, as well as abandon Lift Station No. 14; and WHEREAS, Olsson Associates of Grand Island, Nebraska was the sole responder to the solicitation and based on the pre-approved evaluation criteria set forth in the Request for Qualifications (RFQ) is found to be qualified to perform such services; and WHEREAS, the scope of the agreement entails project management, topographic survey, easement and right-of-way acquisition and geotechnical investigation for Lift Station No. 20 upgrade and force main rehabilitation; and WHEREA, design, project permitting, bid phase services, construction administration services, construction observation services, and project closeout will be handled under this agreement for Lift Station No. 20 upgrade and force main rehabilitation, as well as the abandonment of Lift Station No. 14; and WHEREAS, the cost of such work is based on time and expense not to exceed $299,864.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement between the City of Grand Island and Olsson Associates of Grand Island, Nebraska for professional engineering consulting services in order to upgrade Lift Station No. 20 and rehabilitate the force main, as well as abandon Lift Station No. 14 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, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 58 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-7 #2016-165 - Approving Designation of Sole Source for CUES TV Equipment for the Collection Crew of the Wastewater Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/12/2016 Page 59 / 164 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:July 12, 2016 Subject:Approving Designation of Sole Source for CUES TV Equipment for the Collection Crew of the Wastewater Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Collection Crew of the Wastewater Division televises sanitary sewer lines to identify structural defects and obstructions, ensure compliance with City Standards and Specifications, and aid in the maintenance and repair of sanitary sewer mains. Currently the Division owns one (1) transporter for the televising equipment, which was recently sent in for repairs, thus halting such work. Discussion It is recommended that an additional transporter for the sanitary sewer televising equipment be purchased to reduce the amount of down time for this activity. This will allow the City to maintain the integrity of the sanitary sewer collection system. The purchase price of an additional transporter from Municipal Pipe Toll Company, LLC of Hudson, Iowa is $33,003.22. The televising equipment presently owned by the City is CUES brand and is a very specialized piece of equipment that would potentially have compatibility problems if we were to try and use non-standard parts to transport the camera. The sole source letter from CUES is attached for reference. Municipal Pipe Tool Company, LLC is the vendor for our area. 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 - 7/12/2016 Page 60 / 164 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of an additional sanitary sewer television transporter from CUES through Municipal Pipe Tool Company, LLC of Hudson, Iowa in the total amount of $33,003.22. Sample Motion Move to approve the resolution. Grand Island Council Session - 7/12/2016 Page 61 / 164 Grand Island Council Session - 7/12/2016 Page 62 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-165 WHEREAS, the Collection Crew of the Wastewater Division televises sanitary sewer lines to ensure compliance with City Standards and Specifications, as well as to aid in the maintenance and repair of sanitary sewer mains; and WHEREAS, the Division currently has one (1) transporter for the televising equipment; and WHEREAS, it is recommended that an additional transporter be purchased, at a cost of $33,003.22, to reduce the amount of down time for this activity; and WHEREAS, the televising equipment currently owned by the City is CUES brand and is a very specialized piece of equipment, which doesn’t sanction the use of non-standard parts to transport the camera. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) additional sanitary sewer televising equipment transporter in the amount of $33,003.22 from Municipal Pipe Tool Company, LLC of Hudson, Iowa is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 63 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-8 #2016-166 - Approving Bid Award of Concrete Dewatering Pad; Project No. 2016-WWTP-1 at the Wastewater Treatment Plant Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/12/2016 Page 64 / 164 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:July 12, 2016 Subject:Approving Bid Award of Concrete Dewatering Pad; Project No. 2016-WWTP-1 at the Wastewater Treatment Plant Presenter(s):John Collins PE, Public Works Director Background On June 13, 2016 the Engineering Division of the Public Works Department advertised for bids for a Concrete Dewatering Pad; Project No. 2016-WWTP-1. The Concrete Dewatering Pad will be constructed at the Wastewater Treatment Plant adjacent to the existing septic dumping station. The facility will receive categories of septage waste which include car wash screenings, solid waste from cleaning sanitary sewer and storm sewers. Additionally, a dedicated area will provide containers for grease trap waste. This will allow septage waste that is questionable to be held prior to entering the treatment process at the wastewater treatment plant. The facility will be recognized by the Nebraska Department of Environmental Quality as a waste receiving site. Discussion Three (3) bids were received and opened on June 28, 2016. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Add Alternate Starostka Group Unlimited, Inc. of Grand Island, NE None $114,989.60 $9,143.34 The Diamond Engineering Co. of Grand Island, NE None $115,937.21 $17,660.16 Myers Construction of Broken Bow, NE None $158,356.70 $11,390.00 Funds are available in Account No. 53030054-85213-53035. Grand Island Council Session - 7/12/2016 Page 65 / 164 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 bid award to Starostka Group Unlimited, Inc. of Grand Island, Nebraska in the amount of $124,132.94. Sample Motion Move to approve the bid award. Grand Island Council Session - 7/12/2016 Page 66 / 164 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:June 28, 2016 at 2:00 p.m. FOR:Concrete Dewatering Pad, Project 2016-WWTP-1 DEPARTMENT:Public Works ESTIMATE:$155,000.00 FUND/ACCOUNT:53030054-85213-53035 PUBLICATION DATE:June 8, 2016 NO. POTENTIAL BIDDERS:14 SUMMARY Bidder:Myers Construction, Inc.The Diamond Engineering Co. Broken Bow, NE Grand Island, NE Bid Security:Merchants Bonding Co.Universal Surety Co. Exceptions:None None Bid Price:$158,356.70 $115,937.21 Alternatives: ADD.1.01:$2,800.00 $5,772.90 ADD.1.02:$3,540.00 $4,952.41 ADD.1.03:$4,240.00 $6,418.30 ADD.1.04:$ 160.00 $ 191.50 ADD.1.05:$ 650.00 $ 325.00 Grand Island Council Session - 7/12/2016 Page 67 / 164 Bidder:Starostka Group Unlimited, Inc. Grand Island, NE Bid Security:Western Surety Co. Exceptions:None Bid Price:$114,989.60 Alternatives: ADD.1.01:$1,037.75 ADD.1.02:$3,047.94 ADD.1.03:$4,547.40 ADD.1.04:$ 152.75 ADD.1.05:$ 357.50 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Tara Bevard, WW Project Manager Terry Brown, PW Engineer P1886 Grand Island Council Session - 7/12/2016 Page 68 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-166 WHEREAS, the City of Grand Island invited sealed bids for a Concrete Dewatering Pad; Project No. 2016-WWTP-1 at the Wastewater Treatment Plant, according to plans and specifications on file with the Public Works Department; and WHEREAS, on June 28, 2016 bids were received, opened, and reviewed; and WHEREAS, Starostka Group Unlimited, Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $124,132.94. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Starostka Group Unlimited, Inc. of Grand Island, Nebraska in the amount of $124,132.94 for a Concrete Dewatering Pad; Project No. 2016-WWTP-1 is hereby approved. 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, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 69 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-9 #2016-167 - Approving Addition to 2016 One- Year Street Improvement Plan Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/12/2016 Page 70 / 164 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:July 12, 2016 Subject:Approving Addition to 2016 One- Year Street Improvement Plan Presenter(s):John Collins, Public Works Director Background The Pavement Lifting and Stabilization with Polyurethane Foam Project on South Locust Street from Lake Street to the Diversion Bridge was approved on June 14, 2016. This project consists of lifting and stabilizing the concrete pavement by means of polyurethane foam for an awarded dollar amount of $250,000 to Trasher, Inc. of LaVista, Nebraska. This type of treatment is considered maintenance by the Nebraska Board of Classifications and Standards (NBCS) but due to the high dollar amount of the project, Public Works is recommending the project be added to the current One-Year Plan. To meet the NBCS requirements, a revision/addition to the One-Year Plan must be submitted for construction projects taking place within that calendar year that were not previously listed on the One-Year Plan. This addition is done by means of a Form 10 (attached) and Council Resolution submittal to the NBCS. Discussion The Grand Island City Council adopted the current One-and Six-Year Street Improvement Plan on February 23, 2016 with Resolution 2016-37. Revisions or Additions to the One-Year Plan must be approved by Council Resolution prior to submitting to the NBCS. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 7/12/2016 Page 71 / 164 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the addition of the Pavement Lifting and Stabilization with Polyurethane Foam Project on South Locust Street from Lake Street to the Diversion Bridge to the 2016 One-Year Street Improvement Plan. Sample Motion Move to approve the addition of the Pavement Lifting and Stabilization with Polyurethane Foam Project on South Locust Street from Lake Street to the Diversion Bridge to the 2016 One-Year Street Improvement Plan. Grand Island Council Session - 7/12/2016 Page 72 / 164 PROJECT LOCATION MAP Pavement Lifting & Stabilization with Polyurethane Foam South Locust St. from Lake St to Diversion Bridge M(310)-640 Grand Island Council Session - 7/12/2016 Page 73 / 164 County:City:Village: 2013 8,031 2033 15,000 Thickness:Width: 2" or 3"varies Grading Concrete Right of Way Lighting Aggregate Curb & Gutter Utility Adjustments Shoulder Widen Armor Coat Drainage Structures Fencing Asphalt Erosion Control Sidewalk Length: Length: Span:Rise:Length: Length: *County:*City:*State:*Federal:*Other:*Total: Signature:Title:Date: NBCS Form 10, Jul 96 Board of Public Roads Classifications and Standards Form 10 Notification of Revision of One-Year Plan GRAND ISLAND Reason for Revision Addition of maintenance project - Pavement Lifting and Stabilization with Polyurethane Foam. Major deteriorization occured over the winter compared to previous years. This project was put together as a"shelf ready" and due to the lack of bidders on another project it was able to be financed Location Description: See attached South Locust St from Lake St. to Diversion Channel Bridge. Project Description: Lift and stablize concrete slabs using polyurethane foam. Existing Surface Type and Structures: (Such as dirt, gravel, asphalt, concrete, culvert, or bridge) Concrete Average Daily Traffic:Classification Type: (As shown on Functional Classification Map) Major Arterial PROPOSED IMPROVEMENT Design Standard Number:SurfacingMunicipal Bridge to Remain in Place:Roadway Width:Type: Lifting and StabilzationX Culvert Diameter:Type: Box Culvert Type: New Bridge:Roadway Width:Type: Hydraulic Analysis Pending Other Construction Features: ESTIMATED COST Bridges and Culverts Sized YES X N/A Street Superintendent 250*OPTIONAL Project Length: (Nearest Tenth, State Unit of Measure)Project No.: 0.41 MILES M(310)-640 (in Thousands)250 Grand Island Council Session - 7/12/2016 Page 74 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-167 WHEREAS, the City Council approved the 2016 One- and Six-Year Street Improvement Plan on February 23, 2016; and WHEREAS, construction of The Pavement Lifting and Stabilization with Polyurethane Foam Project on South Locust Street from Lake Street to the Diversion Bridge has been approved for the 2016 Calendar Year; and WHEREAS, the Nebraska Board of Classifications and Standards requires a Notification of Revision of One-Year Plan (Form 10) to be submitted for construction of projects not currently listed on the One-Year Plan; and WHEREAS, this Council has determined that the Notification of Revision of One-Year Plan as set out in Exhibit “A” should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the revision to the 2016 One-Year Street Improvement Program, identified as Exhibit “A”, is hereby approved and adopted by this Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 75 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-10 #2016-168 - Approving Agreement with Victory Place, LLC Regarding Use of CDBG Program Income Reuse Funds Staff Contact: Charley Falmlen Grand Island Council Session - 7/12/2016 Page 76 / 164 Council Agenda Memo From:Charley Falmlen, Community Development Meeting:July 12, 2016 Subject:Agreement with Victory Place, LLC Regarding Use of CDBG Program Income Reuse Funds Presenter(s): Charley Falmlen, Community Development Background The Community Development Division maintains a Community Development Block Grant (CDBG) Program Income Reuse Fund, which is funded by income from former CDBG programs and is maintained with the intent of funding future qualifying projects. The Program Income Reuse Plan was approved by City Council on May 28, 2013. This plan outlines the acceptable uses of CDBG Program Income Reuse funds, including housing projects and various housing programs which may support low-moderate income persons. Discussion Pioneer Group, LLC, representing Victory Place, LLC has presented the City of Grand Island with a budget shortfall, which developed after unplanned changes had to be made to the sewer extension on the corner of Wheeler and Capital. Victory Place, LLC when operational, will be a housing development which specifically serves homeless and near homeless veterans within the community of Grand Island. This objective, qualifies this project for CDBG Program Income Reuse funds. The Victory Place project has not received any CDBG funds to date, but has received other veteran based funding packages including V.A.S.H vouchers. For this reason, the Victory Place project is currently under contract, and reporting subsequently, as a Davis-Bacon Labor Standard project. The Davis-Bacon compliance will continue through the change order proposed in this sewer extension, as Davis-Bacon Labor compliance would also be required for CDBG funding. The City of Grand Island does not have the capacity to place a lien on the federally owned land, and for this reason the funds are being dispersed as a forgivable grant, which will be forgiven upon project completion. Grand Island Council Session - 7/12/2016 Page 77 / 164 The construction contract, which exists between Victory Place, LLC and 4Sight Construction, will continue and the 15’ pipe extension will be addressed via a change order. The agreement between the City of Grand Island and Victory Place, LLC ensures the dispersal of CDBG upon completion of the contract between Victory Place, LLC and 4Sight Construction. The City of Grand Island will not directly oversee 4Sight Construction’s work. However they City will be included in all of 4Sights Davis-Bacon Labor Standard document submissions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the agreement 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 with Victory Place, LLC. Sample Motion Move to approve the agreement, and authorize the Mayor to sign all related documents. Grand Island Council Session - 7/12/2016 Page 78 / 164 Grand Island Council Session - 7/12/2016 Page 79 / 164 Grand Island Council Session - 7/12/2016 Page 80 / 164 Grand Island Council Session - 7/12/2016 Page 81 / 164 Grand Island Council Session - 7/12/2016 Page 82 / 164 Grand Island Council Session - 7/12/2016 Page 83 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-168 WHEREAS, on the Community Development Division receives income from previous Community Development Block Grant (CDBG) projects; and WHEREAS, the Community Development Division maintains a Program Income Reuse Plan, as approved by City Council on May 28, 2013; and WHEREAS, the housing project at Victory Village will address the needs of homeless or near homeless veterans within Grand Island; and WHEREAS, the project presented by Pioneer Group, LLC representing Victory Place, LLC addresses and meets the criteria set out in the Program Income Reuse Plan by addressing the needs of homeless and near homeless veterans; and WHEREAS, the Community Development Division allocates $84,121.45 of CDBG Program Income Reuse funds to the Victory Place project; and WHEREAS, an agreement is required for all CDBG funding projects. 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 approves and adopts Agreement with Victory Place, LLC ; and the Mayor is hereby authorized to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 84 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-11 #2016-169 - Approving Certifications Required for Community Development Block Grant Plan Submission Staff Contact: Charley Falmlen Grand Island Council Session - 7/12/2016 Page 85 / 164 Council Agenda Memo From:Charley Falmlen, Community Development Meeting:July 12, 2016 Subject:Certifications Required for Community Development Block Grant Plan Submission Presenter(s): Charley Falmlen, Community Development Background The United States Department of Housing and Urban Development requires that all communities which receive Community Development Block Grant (CDBG) funds must adopt multiple certifications to be eligible for receiving funding. These certifications include agreeing to comply with various federal requirements including Fair Housing practices, Anti-Lobbying practices and Lead – Based Paint rules. In addition to general statement of agreement, various plans and/or statements must be created to comply. The Citizen Participation Plan, adopted by City Council on April 28, 2016 is one example of a required certification, along with the Anti-Displacement and Relocation Plan, Section 3 Plan, and Excessive Force Statement, which are available for review as part of this agenda item. Discussion At this time it is requested that Council approve the proposed CDBG Certifications along with adopting the Anti-Displacement and Relocation Plan, Section 3 Plan and Excessive Force Statement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the Certifications and Plans 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 - 7/12/2016 Page 86 / 164 Recommendation City Administration recommends that the Council approve the Certifications and Plans. Sample Motion Move to approve the Certifications and Plans, and authorize the Mayor to sign all related documents. Grand Island Council Session - 7/12/2016 Page 87 / 164 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan --It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Anti-Lobbying --To the best of the jurisdiction's knowledge and belief: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3.It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Grand Island Council Session - 7/12/2016 Page 88 / 164 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation --It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan --Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan --It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds --It has complied with the following criteria: 1.Maximum Feasible Priority.With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2.Overall Benefit.The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) _____ , ______(a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3.Special Assessments.It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force --It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its Grand Island Council Session - 7/12/2016 Page 89 / 164 jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws --The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint --Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws --It will comply with applicable laws. Signature/Authorized Official Date Title Grand Island Council Session - 7/12/2016 Page 90 / 164 OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date Title Grand Island Council Session - 7/12/2016 Page 91 / 164 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance --If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs --it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance --before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Title Grand Island Council Session - 7/12/2016 Page 92 / 164 ESG Certifications The Emergency Solutions Grants Program Recipient certifies that: Major rehabilitation/conversion –If an emergency shelter’s rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation. If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion. In all other cases where ESG funds are used for renovation, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation. Essential Services and Operating Costs –In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the jurisdiction will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure, so long the jurisdiction serves the same type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or persons in the same geographic area. Renovation –Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services –The jurisdiction will assist homeless individuals in obtaining permanent housing, appropriate supportive services ( including medical and mental health treatment, victim services, counseling, supervision, and other services essential for achieving independent living), and other Federal State, local, and private assistance available for such individuals. Matching Funds –The jurisdiction will obtain matching amounts required under 24 CFR 576.201. Confidentiality –The jurisdiction has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement –To the maximum extent practicable, the jurisdiction will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services assisted under the ESG program, and in providing services for occupants of facilities assisted under the program. Consolidated Plan –All activities the jurisdiction undertakes with assistance under ESG are consistent with the jurisdiction’s consolidated plan. Discharge Policy –The jurisdiction will establish and implement, to the maximum extent practicable and where appropriate policies and protocols for the discharge of persons from Grand Island Council Session - 7/12/2016 Page 93 / 164 publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons. Signature/Authorized Official Date Title Grand Island Council Session - 7/12/2016 Page 94 / 164 HOPWA Certifications The HOPWA grantee certifies that: Activities --Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building --Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1.For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2.For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date Title Grand Island Council Session - 7/12/2016 Page 95 / 164 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING: A.Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grand Island Council Session - 7/12/2016 Page 96 / 164 1 RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN City of Grand Island Community Development Division Version 2016.1 This Residential Anti-displacement and Relocation Assistance Plan (RARAP) is prepared by the City of Grand Island in accordance with the Housing and Community Development Act of 1974, as amended; and HUD regulations at 24 CFR 42.325 and is applicable to our CDBG1, UDAG and/or HOME-assisted projects. Grand Island Council Session - 7/12/2016 Page 97 / 164 2 Minimize Displacement Consistent with the goals and objectives of activities assisted under the Act, the City of Grand Island will take the following steps to minimize the direct and indirect displacement of persons from their homes for projects which receive CDBG funding: Coordinate code enforcement with rehabilitation and housing assistance programs through the Problem Resolution Team. Evaluate zoning standards in reinvestment areas to prevent undue financial burden on established owners and tenants. Arrange for facilities to house persons who must be relocated temporarily during CDBG funded rehabilitation. Maintain Problem Resolution Team procedures which ensure adequate effort is made to avoid displacement when possible. Maintain CDBG procedures which follow federal relocation guidelines including property determination, owner notification and property acquisition. Establish counseling options to provide homeowners and tenants with information on assistance available to help them remain in their neighborhood in the face of revitalization pressures. Where feasible, give priority to rehabilitation of housing, as opposed to demolition, to avoid displacement. If feasible, demolish or convert only dwelling units that are not occupied or vacant and occupiable dwelling units (especially those units which are “lower- income dwelling units” (as defined in 24 CFR 42.305). Target only those properties deemed essential to the need or success of the CDBG project. 1 CDBG programs include: Entitlement Community Development Block Grant (CDBG) Program, State CDBG Program, CDBG Small Cities Program, Section 108 Loan Guarantee Program, CDBG Special Purpose Grants Program, and the Neighborhood Stabilization Program (NSP). Grand Island Council Session - 7/12/2016 Page 98 / 164 3 Relocation Assistance to Displaced Persons The City of Grand Island will provide relocation assistance for lower-income tenants who, in connection with an activity assisted under the CDBG Program, move permanently or move personal property from real property as a direct result of the demolition of any dwelling unit or the conversion of a lower-income dwelling unit in accordance with the requirements of 24 CFR 42.350. A displaced person who is not a lower-income tenant, will be provided relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR Part 24. One-for-One Replacement of Lower-Income Dwelling Units The City of Grand Island will replace all occupied and vacant occupiable lower-income dwelling units demolished when the project is assisted with funds provided under the CDBG Program in accordance with 24 CFR 42.375. Before entering into a contract committing the City of Grand Island to provide CDBG funds for a project that will directly result in demolition or conversion of lower-income dwelling units, the City of Grand Island will make public by public notice in a newspaper of general circulation to include the following: 1. A description of the proposed assisted project; 2. The address, number of bedrooms, and location on a map of lower-income dwelling units that will be demolished or converted to a use other than as lower- income dwelling units as a result of an assisted project; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. To the extent known, the address, number of lower-income dwelling units by size (number of bedrooms) and location on a map of the replacement lower-income housing that has been or will be provided. NOTE: See also 24 CFR 42.375(d). 5. The source of funding and a time schedule for the provision of the replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a lower- income dwelling unit for at least 10 years from the date of initial occupancy; and 7. Information demonstrating that any proposed replacement of lower-income dwelling units with smaller dwelling units (e.g., a 2-bedroom unit with two 1- bedroom units), or any proposed replacement of efficiency or single-room Grand Island Council Session - 7/12/2016 Page 99 / 164 4 occupancy (SRO) units with units of a different size, is appropriate and consistent with the housing needs and priorities identified in the HUD-approved Consolidated Plan and 24 CFR 42.375(b). To the extent that the specific location of the replacement dwelling units and other data in items 4 through 7 are not available at the time of the general submission, the City of Grand Island will identify the general location of such dwelling units on a map and complete the disclosure and submission requirements as soon as the specific data is available. Replacement not Required Based on Unit Availability Under 24 CFR 42.375(d), the City of Grand Island may submit a request to the U.S. Department of Housing and Urban Development for a determination that the one-for-one replacement requirement does not apply based on objective data that there is an adequate supply of vacant lower- income dwelling units in standard condition available on a non- discriminatory basis within the area. Contacts The Community Development Division is responsible for tracking the replacement of lower income dwelling units and ensuring that they are provided within the required period, when CDBG funding is involved. The Community Development Division is responsible for providing CDBG relocation payments and other CDBG relocation assistance to any lower-income person displaced by the demolition of any dwelling unit or the conversion of lower-income dwelling units to another Grand Island Council Session - 7/12/2016 Page 100 / 164 Page 1 Section 3 Plan City of Grand Island Community Development Division Version 2016.1 Grand Island Council Session - 7/12/2016 Page 101 / 164 Page 2 Table of Contents Definitions 3 General Policy Statement 6 Section 3 Purpose 6 Section 3 Contracting Policy and Procedure 7 Section 3 Plan 7 Section 3 Employment & Training Goals 7 Assisting Contractors to Achieve Section 3 Goal Hiring and Contracting Goals 8 Section 3 Business Certification Procedure 8 Efforts to Award Contract Opportunities to Section 3 Business Concerns 9 Section 3 Resident Requirements 9 Contractor's Requirements Regarding Section 3 10 Internal Section 3 Complaint Procedure 11 Exhibit 1 - Section 3 Contract Clause & Acknowledgement 12 Exhibit 2 – Sample Section 3 Plan for Contractors 17 Exhibit 3 – Section 3 Business Application 19 Exhibit 4 – Section 3 Resident Application 21 Grand Island Council Session - 7/12/2016 Page 102 / 164 Page 3 Definitions Business Concern – a business entity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which it was formed. Contractor - any entity which contracts to perform work generated the expenditure of Section 3 covered assistance, or for work in connection with a Section 3 covered project. Employment Opportunities Generated by Section 3 Covered Assistance - all employment opportunities generated by the expenditure of Section 3 covered public assistance (i.e., operating assistance, development assistance and modernization assistance, (as described in Section 135.3 (a) (1)). With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with Section 3 covered projects (as described in Section 135.3 (a) (2)), including management and administrative jobs. Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc. Housing Development -low-income housing owned, developed, or operated by public housing agencies in accordance with HUD's public housing program regulations codified in 24 CFR Chapter IX. HUD Youthbuild Programs - programs that receive assistance under subtitle D of Title N of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very low-income families. JTPA- The Job Training Partnership Act (29 U.S.C. 1579 (a)). Low-income person- families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary Grand Island Council Session - 7/12/2016 Page 103 / 164 Page 4 because of prevailing levels of construction costs or unusually high or low-income families. Metropolitan Area - a metropolitan statistical area (MSA), as established by the Office of Management and Budget. New Hires - full-time employees for permanent, temporary or seasonal employment opportunities. Recipient - any entity which receives Section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State unit of local government, PHA, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Recipient also includes any successor, assignee or transferee of any such entity, but does not include any ultimate beneficiary under the HUD program to which Section 3 applies and does not include contractors. Section 3 - Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). Section 3 Business Concern - a business concern, 1) That is 51 percent or more owned by Section 3 resident: or 2) Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontractors to be awarded to business concerns that meet the qualifications set forth in paragraphs 1 or 2 above. Section 3 Covered Contracts - a contract which includes CDBG funded activities and the full contract amount is over $100,000. Section 3 Covered Project - the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead-based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted with CDBG funds. Section 3 Resident - a public housing resident or an individual who resides in the boundaries of Grand Island in which the Section 3 covered assistance is expended and who is considered to be Grand Island Council Session - 7/12/2016 Page 104 / 164 Page 5 a low-to very low-income person. Subcontractor - any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor's obligation for the performance of work generated by the expenditure of Section 3 covered assistance, or arising in connection with a Section 3 covered project. Very low-income person- families (including single persons) whose income do not exceed 50 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of HUD’s findings that such variations are necessary because of unusually high or low family incomes. Grand Island Council Session - 7/12/2016 Page 105 / 164 Page 6 General Policy Statement It is the policy of the Community Development Division of the City of Grand Island to require its contractors to provide equal employment opportunity to all employees and applicants for employment without regard to race, color, religion, sex, national origin, disability, veteran’s or marital status, or economic status and to take affirmative action to ensure that both job applicants and existing employees are given fair and equal treatment. The Community Development Division implements this policy through the awarding of contracts to contractors, vendors, and suppliers, to create employment and business opportunities for low- and very low-income persons. The policy shall result in a reasonable level of success in the recruitment, employment, and utilization of Grand Island's Section 3 businesses for contracts partially or wholly funded with Section 3 covered funding from the United States Department of Housing and Urban Development (HUD). The Community Development Division shall examine and consider a contractor's or vendor's potential for success by providing employment and business opportunities to Section 3 residents prior to acting on any proposed contract award. Section 3 Purpose Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u) (Section 3) requires the Community Development Division to ensure that employment and other economic and business opportunities generated by the Department of Housing and Urban Development (HUD) Section 3 financial assistance, to the greatest extent feasible, are directed to public housing residents and other low-income persons, particularly recipients of government housing assistance, and business concerns that provide economic opportunities to low- and very low income persons. Grand Island Council Session - 7/12/2016 Page 106 / 164 Page 7 Section 3 Contracting Policy & Procedure The Community Development Division will adopt a Section 3 Contracting Policy and Procedure to be included in all procurements generated for use with covered HUD funding. The policy and procedure contains goal requirements for awarding contracts to Section 3 Business Concerns. All contractors/businesses meeting Section 3 requirements must complete certifications, as appropriate, as acknowledgement of the Section 3 contracting and employment provisions required Community Development Division before receiving a Notice to Proceed for their contracted project. Such certifications shall be adequately supported with appropriate documentation as referenced in the Section 3 Business Application. Section 3 Plan The Community Development Division will maintain a Section 3 Plan to identify the goals, objectives, and actions that will be implemented to ensure compliance with the requirements of Section 3. In addition, contractors will be required to submit a Section 3 Plan on each project. Section 3 Employment & Training Goals The Community Development Division has established employment and training goals that contractors and subcontractors should meet in order to comply with Section 3 requirements. It is the responsibility of contractors, vendors and suppliers to implement progressive efforts to attain Section 3 compliance. All contractors submitting bids or proposals to the Community Development Division are aware of their requirement to comply with Section 3, as the information will be included in the bid materials. The Section 3 Contract Clause specifies the requirements for contractors hired for Section 3 covered projects. The Section 3 Clause must be included in all Section 3 covered projects. The Section 3 Contract Clause is included in Exhibit 1. Grand Island Council Session - 7/12/2016 Page 107 / 164 Page 8 Assisting Contractors to Achieve Section 3 Goal Hiring and Contracting Goals The Community Development Division will assist contractors in achieving Section 3 hiring and contracting goals by: 1. Requiring the contractor to submit a Section 3 Plan, to the Community Development Division. 2. Community Development Division will provide contractor with a list of Section 3 business concerns interested and qualified for construction projects. 5. Community Development Division will review the new hire clause with contractors and subcontractors to ensure that the requirement is understood. It is not intended for contractors and subcontractors to terminate existing employees, but when hiring additional employees needed to complete proposed work to be performed with HUD (federal) funds. Section 3 Business Certification Procedure Any business seeking Section 3 preference in the awarding of contracts with the Community Development Division shall complete the Section 3 Business Certification form (see Exhibit 3), which can be obtained from the Community Development Division. The business seeking Section 3 preference must be able to provide adequate documentation as evidence of eligibility for preference under the Section 3 Program, including documentation of Section 3 Resident Employment Certifications for Section 3 preference for business concerns must be submitted to the Community Development Division 3 days prior to the submission of bids for approval. If the Community Development Division previously approved the business concern to be Section 3 certified, then the certification can be submitted along with the bid. Section 3 business concerns certifying as "Subcontracting Commitment" must be certified on a per-project basis. Grand Island Council Session - 7/12/2016 Page 108 / 164 Page 9 Efforts to Award Contract Opportunities to Section 3 Business Concerns The Community Development Division may use the following methods to notify and contract with Section 3 business concerns when contracting opportunities exist. Advertise contracting opportunities via newspaper, mailings, posting notices that provide general information about the work to be contracted and where to obtain additional information. Provide written or electronic notice of contracting opportunities. The notice will be provided in sufficient time to enable business concerns the opportunity to respond to the bid invitation Conduct workshops on contracting procedures to include boding and insurance requirements, Section 3 Resident requirements, and other pertinent requirements, in a timely manner in an effort to allow Section 3 businesses the opportunity to take advantage of any upcoming contracting opportunities. Establish relationships with Small Business Administration (SBA,) Minority and Women’s Businesses Enterprises, Community Development Corporations and other sources necessary to assist with educating and mentoring residents with a desire to start their own business. Section 3 Resident Requirements The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent possible, provide job training, employment, and contract opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods. Designation as a Section 3 resident does not guarantee employment in HUD-funded projects. A “Section 3 Resident” is: 1) a public housing resident; or 2) a low- or very low-income person residing in the metropolitan area or Non-metropolitan County in which the HUD-funded project is undertaken. A section 3 resident seeking the consideration as such in training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a Section 3 resident, as defined in Section 135.5. (An example of evidence of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program.) Grand Island Council Session - 7/12/2016 Page 109 / 164 Page 10 Contractor's Requirements Regarding Section 3 Under the City of Grand Island Section 3 Program, contractors and subcontractors are required to: Maintain a current Section 3 Plan on file. Notify the Community Development Division of their interests regarding new employees prior to hiring. Document the performance actions required as part of the Section 3 Plan (positive and negative.) Immediately notify Community Development Division if an employee quits, walks off, or is terminated for any reason. The contractor must provide written documentation of all such incidents to support such decisions to Community Development Division to determine if an investigation is warranted. Grand Island Council Session - 7/12/2016 Page 110 / 164 Page 11 Internal Section 3 Complaint Procedure In an effort to resolve complaints generated due to non-compliance through an internal process, Community Development encourages submittal of such complaints to its Section 3 Coordinator as follows: Complaints of non-compliance should be filed in writing and must contain the name of the complaint and brief description of alleged violation of 24 CFR 135. Complaints must be filed within thirty (30) calendar days after the complainant becomes aware of the alleged violation. An investigation will be conducted if complaint is found to be valid. The Community Development Division will conduct and informal, but thorough investigation affording all interested parties, if any, an opportunity to submit testimony and/or evidence pertinent to the complaint. The Community Development Division will provide written documentation detailing the findings of the investigation. The Community Development Division will review the findings for accuracy and completeness before it is released to complainants. The findings will be made available no later than thirty (30) days after the filing of complaint. If complainants wish to have their concerns considered outside of the Community Development Division, a complaint may be filed with: Assistant Secretary for Fair Housing and Equal Opportunity United States Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC 20410 Grand Island Council Session - 7/12/2016 Page 111 / 164 Page 12 Exhibit 1 - Section 3 Contract Clause & Acknowledgement All Section 3 covered contracts shall include the following clause, referred to as the Section 3 Clause. Grand Island Council Session - 7/12/2016 Page 112 / 164 Page 13 Section 3 Contract Clause A.The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor and all subcontractors will create and maintain a written Section 3 Plan before contract commencement. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. No segregated facilities will be maintained. Grand Island Council Session - 7/12/2016 Page 113 / 164 Page 14 SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, As Amended (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under) During the performance of this contract. (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, or national origin. Such action shall include, but not be limited to: employment upgrade, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. (2) The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by contracting officer setting forth the provisions of the nondiscrimination clause. The contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B.Executive Order 11246 (contract/subcontracts above $10,000) 1.SEC. 202. Except in contracts exempted in accordance with Section 204 of this order, all Government contracting agencies shall include in every government contract hereafter entered into the following: During the performance of this contract: (1) The contractor will not discriminate against any employee an applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to: employment upgrade, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. (2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the [Contract Compliance Officer], advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and the rules, regulations, and relevant orders of the U.S. Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to their books, records, and accounts by the [Department] and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the [Department and the] Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction [by the Department], the contractor may request the United States to enter into such litigation to protect the interests of the United States [italics added]." Grand Island Council Session - 7/12/2016 Page 114 / 164 Page 15 ACCESS TO AND MAINTENANCE OF RECORDS The Consultant/Contractor agrees to maintain such records and follow such procedures as may be required under HUD Community Planning and Development (CPD) subpart J, 570.502 (paragraph a. 16.) and 24CFR85.42 (paragraphs (b) and (c)) and any such procedures that the department may prescribe. In general such records will include information pertaining to the contract, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards (as appropriate), and performance. All such records and all other records pertinent to this contract and work undertaken under this contract shall be retained by the Consultant/Contractor or grantee for a period of three years after the final audit of the grantee’s CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the grantee shall request a longer period for record retention. The grantee, the department and duly authorized officials of the state and federal government shall have full access and the right to examine any pertinent documents, papers, records and books of the Consultant/Contractor involving transactions to this local program and contract. Conflict of Interest From 24CFR85.36, no officer, employee or agent of the Grantee who will participate in the selection, the award, or the administration of this grant, may obtain a personal or financial interest or benefit from the activity or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. It is further required that this stipulation be included in all subcontracts to this Contract. Upon written request, exceptions may be granted upon a case by case basis when it is determined that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient’s program or project. These exceptions are granted by the Department of Housing and Urban Development. Grand Island Council Session - 7/12/2016 Page 115 / 164 Page 16 Section 3 Acknowledgement By signing below, you are acknowledging that you have read the City of Grand Island Section 3 Contract Clause and understand the requirements of Section 3 as it applies to your agency and that your agency will comply with all Section 3 requirements and submit necessary documentation to the City of Grand Island. Any failure to comply with Section 3 regulations may result in revocation of funds from the City of Grand Island and may jeopardize future funding opportunities from the City of Grand Island. Signature of Authorized Official Name of Authorized Official Title Date Grand Island Council Session - 7/12/2016 Page 116 / 164 Page 17 Exhibit 2 – Sample Section 3 Plan for Contractors All Section 3 covered contractors and subcontractors must maintain a written Section 3 Plan. The entity may create one, or use the Sample Plan provided. A Plan which is created by the contractor, apart from the sample plan, will require approval from the City of Grand Island before construction commences. Grand Island Council Session - 7/12/2016 Page 117 / 164 Page 18 CONTRACTOR Section 3 Plan agrees to implement the following specific affirmative action steps directed at increasing the utilization of lowest income residents and businesses within the City of Grand Island. To ascertain from the locality’s CDBG program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. To attempt to recruit from within the city the necessary number of lower income residents through local advertising media; signs placed at the proposed site for the project; and community organizations and public or private institutions operating within or serving the Grand Island area. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. To insert this Section 3 plan in all bid documents, and to require all bidders and subcontracts to submit a Section 3 plan that includes utilization goals and the specific steps planned to accomplish these goals. To insure that subcontracts (typically let on a negotiated rather than bid basis in areas other than Section 3 covered project areas), also are let on a negotiated basis, where feasible, when let in a Section 3 covered project area. To formally contact unions, subcontractors and trade associations to secure their cooperation for this program, if applicable. To insure that all appropriated project area business concerns are notified of pending subcontractual opportunities. To maintain records, including copies of correspondence, memoranda, etc., that document all above affirmative action steps have been taken. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of the Section 3 plan. Grand Island Council Session - 7/12/2016 Page 118 / 164 Page 19 Exhibit 3 –Section 3 Business Application If a business wishes to seek bid preference for HUD-funding projects, the application must be completed and submitted to the City of Grand Island’s Community Development Division at least 3 days before the formal bid is placed. Grand Island Council Session - 7/12/2016 Page 119 / 164 Page 20 CERTIFICATION FOR BUSINESS SEEKING DESIGNATION AS A SECTION 3 BUSINESS CONCERN Name of Business Address of Business County in which Business is located Attached is the following documentation as evidence of status: For Business claiming status as a Section 3 resident-owned enterprise:  List of all owners and Copy of Certification for Residents Seeking Designation as a Section 3 Resident for all Section 3 owners For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to qualified Section 3 business:  List of subcontracted Section 3 business(es) with indication of whether the subcontractor business is a Section 3 business concern (attach Certification of Business Seeking Designation as Section 3 for each Section 3 subcontractor to this form) For business claiming Section 3 status, claiming at least 30 percent of their workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business:  Affidavit to this form that 25% or more of the dollar award of HUD funds will be awarded to subcontracts that qualify as Section 3 business concerns (above criteria) and the business will collect Certification for Business Seeking Designation as Section 3 for Contracting forms from these contractors (Corporate Seal) Authorizing Name and Signature Attested by: The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent possible, provide job training, employment, and contract opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods. Designation as a Section 3 Business Concern does not guarantee selection for contract opportunities. Section 3 business concerns are businesses that can provide evidence that they meet one of the following: 1)51 percent or more owned by Section 3 residents; or Grand Island Council Session - 7/12/2016 Page 120 / 164 Page 21 2)At least 30 percent of its full time employees include persons that are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3)Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications in the above two paragraphs. More information can be found at http://www.hud.gov/offices/fheo/section3/section3.cfm Exhibit 4 –Section 3 Resident Application If a resident wishes to be listed as a Section 3 resident, the following application must be submitted to the Community Development Division. Grand Island Council Session - 7/12/2016 Page 121 / 164 Page 22 CERTIFICATION FOR RESIDENT SEEKING DESIGNATION AS A SECTION 3 RESIDENT Certification for Resident Seeking Section 3 designation in Training and Employment I, , am a legal resident of the and meet the income eligibility guidelines for a low- or very- low-income person as published on the reverse. My permanent address is: County in which I reside: I have attached the following documentation as evidence of my status: Copy of public housing lease Copy of receipt of public assistance Copy of Evidence of participation Copy of Tax Return indicating income Annual Income $ Signature Print Name Date Grand Island Council Session - 7/12/2016 Page 122 / 164 Page 23 SECTION 3 INCOME LIMITS All residents of public housing developments of the Hall County Housing Authority qualify as Section 3 residents. Additionally, individuals residing in the County of Hall and/or City of Grand Island Who meet the HUD income limits applicable to the year of project contract creation, can also qualify for Section 3 status. A picture identification card, including current address, is required. Grand Island Council Session - 7/12/2016 Page 123 / 164 Excessive Force Policy Statement City of Grand Island Community Development Division Version 2016.1 Grand Island Council Session - 7/12/2016 Page 124 / 164 Statement The City of Grand Island hereby adopts an Excessive Force Policy that is in accordance with the applicable Federal Regulations, i.e., Section 519 of Public Law 101-144, (1990 HUD Appropriations Act) requiring units of government receiving CDBG funds to adopt and enforce Excessive Force Provision. The City, as the recipient of federal Community Development Block Grant Funds, acknowledges its responsibility to and will adhere to the aforesaid federal Excessive Force Regulations. Grand Island Police Department’s General Order Number O2703 on the topic Less-Lethal Force, addresses the definitions and procedures regarding the use of Less-Lethal Force and applicable reporting requirements. General Order Number O2703 became effective in August 2009. The City adopts General Order Number O2703 as its Excessive Force Policy and will enforce its requirements by prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any and all individuals engaged in non-violent civil rights demonstrations, and is adopting and will enforce a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within Grand Island. Grand Island Council Session - 7/12/2016 Page 125 / 164 O2703 - 1 GRAND ISLAND POLICE DEPARTMENT GENERAL ORDER Topic: Less-Lethal Force Number: O2703 Issued by: Chief Lamken Effective date: August 2009 _____________________________________________________________ I. Policy Officers are faced with encounters that require the use of force to affect an arrest or subdue a person that do not reach the threshold of requiring deadly force. The level of less-lethal force needed can range from verbal commands and handcuffing to a much higher level. Officers are required to use a level of force necessary to overcome resistance. Only force which is reasonable and necessary to accomplish a police function shall be applied and should cease immediately upon the accomplishment of the police function. II. Procedure A. Less-lethal force is that force which is intended to control a situation or overcome physical resistance an officer may encounter when attempting to carry out a police function. The use of less-lethal force is preferable to lethal force and should be used in accordance with the resistance/control continuum adopted by the Department. 1. Officers are authorized to use Department issued or approved less-lethal tactics and weapons which include defensive tactics, the baton, Taser, OC spray and impact munitions. 2. Officers shall be instructed in each approved method of defensive tactics and use of less-lethal weapons prior to authorization to use or carry such, and will be periodically required to demonstrate a proficiency in the use of the method. Officers shall use and provide care after the use of less-lethal weapons in accordance with Department approved training. Grand Island Council Session - 7/12/2016 Page 126 / 164 O2703 - 2 B. Less-lethal force is used to overcome resistance and gain compliance. Officers shall use only the force judged necessary in conjunction with their training and policy to overcome resistance and gain compliance. C. A Department use of force report shall be completed for every instance in which physical force, including the use of less-lethal weapons, is used to overcome or restrain an individual. The arrest of a person involving handcuffing without resistance does not require a use of force report. Grand Island Council Session - 7/12/2016 Page 127 / 164 Grand Island Council Session - 7/12/2016 Page 128 / 164 Grand Island Council Session - 7/12/2016 Page 129 / 164 Grand Island Council Session - 7/12/2016 Page 130 / 164 Grand Island Council Session - 7/12/2016 Page 131 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-169 WHEREAS, on August 25, 2015, the City of Grand Island became an Entitlement Community; and WHEREAS, the United States Department of Housing and Urban Development requires multiple certifications in order to comply with the Community Development Block Grant Program requirements; and WHEREAS, documentation of the required certifications is to be submitted along with the 2016-2019 Consolidated Plan and 2017 Annual Action Plan; and WHEREAS, the Community Development Department created the required documentation to serve under the Entitlement Program. 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 approves and adopts Community Development Block Grant Certifications; and the Mayor is hereby authorized to sign such certifications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 132 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-12 #2016-170 - Approving Final Plat and Subdivision Agreement for Schimmer’s Third Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 7/12/2016 Page 133 / 164 Council Agenda Memo From: Regional Planning Commission Meeting: July 12, 2016 Subject: Schimmer’s Third Subdivision –Final Plat Presenter(s): Chad Nabity, Regional Planning Director Background This property is located east of Eddy Street and north of 13th Street, in the City of Grand Island, in Hall County, consisting of 2 lots and .160 acres. Discussion The final plat for Schimmer’s Third Subdivision was considered by the Regional Planning Commission at the July 6, 2016 meeting. Nabity informed the planning commission that Council will have to specifically waive the minimum lot size requirements with the approval of this subdivision. This is an old lot and 2 houses were built on it at a time when that was permissible. The owners are trying to sell the houses separately and that can only be done by waiving the lot size requirements. The owners have shown proof that each of the proposed lots has separate sewer, water and electrical services. A motion was made by Hoggatt and seconded by Rainforth to approve and recommend that City Council approve the final plat of Schimmer’s Third Subdivision. A roll call vote was taken and the motion passed with 8 members present (Huismann, Sears, O’Neill, Maurer, Apfel, Rainforth, Hoggatt and Kjar) voting in favor and no members present abstaining. 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 - 7/12/2016 Page 134 / 164 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 7/12/2016 Page 135 / 164 Grand Island Council Session - 7/12/2016 Page 136 / 164 Developers/Owners Jeff Suck 114 Riverview Drive Phillips NE 68865 To create 2 lots on a tract of land north of 13th Street and east of Eddy Street, in the City of Grand Island, in Hall County. Size: .160 acres. Zoning: B2 – General Business Zone. Road Access: Public streets are available. Water Public: Water is available. Sewer Public: Sewer is available. Grand Island Council Session - 7/12/2016 Page 137 / 164 Grand Island Council Session - 7/12/2016 Page 138 / 164 June 21, 2016 Dear Members of the Board: RE: Final Plat – Schimmer’s Third Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Schimmer’s Third Subdivision, located in Grand Island, in Hall County, Nebraska. This final plat proposes to create 2 lots, on a replat of all of Lot 6 Block 6, Schimmer’s Addition, in the City of Grand Island, Hall County, Nebraska said tract containing .160 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on July 6, 2016 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Utilities City Building Director Manager of Postal Operations Olsson Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 7/12/2016 Page 139 / 164 Grand Island Council Session - 7/12/2016 Page 140 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-170 WHEREAS, JK Investments, LLC, and Ethan M. May a single person, being the said owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “SCHIMMER’S THIRD SUBDIVISION”, a replat of all of Lot 6, Block 6, Schimmer’s Addition, in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by them; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, two houses were constructed on this single lot in accordance with the laws in place at time of construction, and WHEREAS, the subdivision plat, as presented will require a waiver to the lot area requirements for Lots 1 and 2, and WHEREAS, the subdivider has given sufficient evidence to show prove that water, waste water and electrical services are provided separately to each house, and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SCHIMMER’S THIRD SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 141 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-13 #2016-171 - Approving Bid Award for Installation of New Portable Turf at the Community Fieldhouse Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 7/12/2016 Page 142 / 164 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:July 12, 2016 Subject:Bid Award for Installation of New Portable Turf at the Community Fieldhouse Presenter(s):Todd McCoy, Parks and Recreation Director Background The Grand Island Community Fieldhouse features 28,500 square feet of synthetic turf for indoor soccer, football, baseball, softball, and more. The Fieldhouse is used for sports leagues, practice, tournaments, clinics, and training. The turf is required to be portable so it can be taken up and down for the Nebraska State Fair. Discussion The existing turf was installed originally with the building in 2010. The turf has become worn with high amounts of use. Staff is recommending replacement. On June 17, 2016 the bid was advertised for the Installation of New Portable Turf. Three firms responded to the bid. Mid-America Sports Construction, Lee’s Summit, MO $5.87 square foot turf/$0.10 square foot anti-microbial treatment All Sports Enterprises, Inc., Exton, PA $6.72 square foot turf/$0.24 square foot anti-microbial treatment Reams Sprinkler Supply Co., Grand Island, NE $11.16 square foot turf/ anti-microbial treatment N/A Staff recommends the low bid from Mid-America Sports Construction. The total price for the installation of new turf including the anti-microbial treatment is $170,145.00. The purchase will be funded through the Food and Beverage Tax Fund. Grand Island Council Session - 7/12/2016 Page 143 / 164 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 Installation of New Portable Turf from Mid-America Sports Construction of Lee’s Summit, Missouri. The total purchase price is $170,145.00. Sample Motion Move to approve the Installation of New Portable Turf for the amount of $170,145.00. Grand Island Council Session - 7/12/2016 Page 144 / 164 Grand Island Council Session - 7/12/2016 Page 145 / 164 Approved as to Form ¤ ___________ July 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-171 WHEREAS, the City of Grand Island invited sealed bids for the Installation of New Portable Turf for the Grand Island Community Fieldhouse, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on June 29, 2016, three (3) bids were received, opened and reviewed; and WHEREAS, Mid-America Sports Construction from Lee’s Summit, Missouri submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $170,145.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Mid-America Sports Construction from Lee’s Summit, Missouri in the amount of $170,145.00 for the Installation of New Portable Turf for the Grand Island Community Fieldhouse is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 146 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item G-14 #2016-172 - Approving License Agreement between Fonner Park Exposition and Events Center and Verizon Wireless (Heartland Events Center) Staff Contact: Jerry Janulewicz Grand Island Council Session - 7/12/2016 Page 147 / 164 Council Agenda Memo From: Jerry Janulewicz, City Attorney Meeting:July 12, 2016 Subject:Approving License Agreement between Fonner Park Exposition and Events Center, Inc. and Verizon Wireless, LLC Presenter(s):Jerry Janulewicz, City Attorney Background Through a master license agreement between the Hall County Livestock Improvement Association (“Fonner Park”) and Verizon Wireless (“Verizon”) is installing antenna nodes within various buildings located at the Fonner Park/State Fair site in an effort to improve cellular communications and data access at that location, especially during time when heavy wireless demands are experienced. As part of this project, Verizon seeks to install antenna nodes within the Heartland Events Center building. Because of the City’s legal interests in the facility, Verizon is asking that the City enter into the execution of a licensing agreement for the sole purpose of acknowledging to the terms, conditions, provisions and rights granted under the agreement. This agreement, if approved by the parties, would grant to Verizon the authority to install antenna nodes in the Heartland Event Center building. Discussion The Heartland Events Center building and the real estate upon which it is located is owned by Fonner Park and leased to the City under the terms of a Lease Purchase Agreement whereby the City will receive title to the property following payment of the bonds issued to finance construction of the building. The bonds are expected to be paid and redeemed in full on or before December 31, 2024. During the time the building bonds are outstanding, Fonner contracted to manage the facility. Under the terms of the management contract, Fonner is entitled to receive all revenues from the general operations of the event center. The proposed Fonner Park/Verizon License Agreement presented to the City would terminate on December 31, 2024 if not sooner. Verizon will pay an annual rental fee of $1,800 per node in addition to $1,500 per year for electric power provided by Fonner. Because of the City’s legal interests in the facility, Verizon is asking that the City enter Grand Island Council Session - 7/12/2016 Page 148 / 164 into the execution of the licensing agreement for the sole purpose of acknowledging to the terms, conditions, provisions and rights granted under the agreement Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the resolution whereby the City enter into the execution of the licensing agreement for the sole purpose of acknowledging to the terms, conditions, provisions and rights granted under the agreement. 2.Disapprove or /Deny the resolution. 3.Modify the resolution to meet the needs of the City Council. 4.Table the issue. Recommendation City Administration recommends that the Council approve the resolution. Sample Motion Move to approve the resolution authorizing execution of the licensing agreement between the Hall County Livestock Improvement Association and Verizon Wireless. Grand Island Council Session - 7/12/2016 Page 149 / 164 Grand Island Council Session - 7/12/2016 Page 150 / 164 Grand Island Council Session - 7/12/2016 Page 151 / 164 Grand Island Council Session - 7/12/2016 Page 152 / 164 Grand Island Council Session - 7/12/2016 Page 153 / 164 Grand Island Council Session - 7/12/2016 Page 154 / 164 Grand Island Council Session - 7/12/2016 Page 155 / 164 Grand Island Council Session - 7/12/2016 Page 156 / 164 Grand Island Council Session - 7/12/2016 Page 157 / 164 Grand Island Council Session - 7/12/2016 Page 158 / 164 Grand Island Council Session - 7/12/2016 Page 159 / 164 Grand Island Council Session - 7/12/2016 Page 160 / 164 Grand Island Council Session - 7/12/2016 Page 161 / 164 R E S O L U T I O N 2016-172 WHEREAS, through a master license agreement between the Hall County Livestock Improvement Association (“Fonner Park”) and Verizon Wireless LLC (“Verizon”), Verizon is installing antenna nodes within various buildings located at the Fonner Park/State Fair site in an effort to improve cellular communications and data access at that location; and WHERAS, the Heartland Events Center building and the real estate upon which it is located (the “facility”) is owned by Fonner Park and leased to the City of Grand Island (“City”) under the terms of a Lease Purchase Agreement whereby the City will receive title to the facility following payment of the bonds issued to finance construction of the building; and WHEREAS, the building bonds are expected to be paid and redeemed in full on or before December 31, 2024; and WHEREAS, for such time as the building bonds are outstanding, Fonner is contracted to manage the facility under the terms of a management contract with the City; and WHEREAS, pursuant to the terms of the management contract, Fonner is entitled to receive all revenues from the general operations of the facility; and WHEREAS, the proposed license agreement between Fonner Park and Verizon would terminate on December 31, 2024 if not sooner; and WHEREAS, Verizon will pay an annual rental fee to Fonner Park and pay compensation for electric power provided by Fonner Park; and WHEREAS, due to the City’s legal interests in the Heartland Event Center building, Verizon is requesting that the City enter into the execution of the licensing agreement between Fonner Park and Verizon for the sole purpose of acknowledging to the terms, conditions, provisions and rights granted under the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND that execution of the licensing agreement between Fonner Park Exposition and Events Center, Inc. and Verizon Wireless, LLC for placement of wireless antenna nodes within the Heartland Events Center building should be, and hereby is, approved for the sole purpose of acknowledging to the terms, conditions, provisions and rights granted under the agreement as presented to the City. - - - Grand Island Council Session - 7/12/2016 Page 162 / 164 Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 7/12/2016 Page 163 / 164 City of Grand Island Tuesday, July 12, 2016 Council Session Item J-1 Approving Payment of Claims for the Period of June 29, 2016 through July 12, 2016 The Claims for the period of June 29, 2016 through July 12, 2016 for a total amount of $4,043,220.68. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 7/12/2016 Page 164 / 164