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04-09-2019 City Council Regular Meeting Packet
City of Grand Island Tuesday, April 9, 2019 Council Session Agenda City Council: Jason Conley Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Clay Schutz Mark Stelk Mayor: Roger G. Steele City Administrator: Brent Clark City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street, Grand Island, NE 68801 Grand Island Council Session - 4/9/2019 Page 1 / 254 City of Grand Island Tuesday, April 9, 2019 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 - Father Jim Golka, St. Mary's Cathedral, 204 South Cedar 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 - 4/9/2019 Page 2 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item E-1 Public Hearing on Request from Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street for a Change of Location for Class “I-108549” Liquor License to 316 East 2nd Street Council action will take place under Consent Agenda item G-4. Staff Contact: RaNae Edwards Grand Island Council Session - 4/9/2019 Page 3 / 254 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:April 9, 2019 Subject:Public Hearing on Request from Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street for a Change of Location for Class “I-108549” Liquor License to 316 East 2nd Street Presenter(s):RaNae Edwards, City Clerk Background Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street has submitted an application for a Change of Location for their Class “I-108549” Liquor License to 316 East 2nd Street. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Staff recommends approval contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Grand Island Council Session - 4/9/2019 Page 4 / 254 Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application contingent upon final inspections. Sample Motion Move to approve the application for a change of location requested by Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street to 316 East 2nd Street for Liquor License “I- 108549” contingent upon final inspections. Grand Island Council Session - 4/9/2019 Page 5 / 254 Liquor License Application: Class “I”: Ritmos Nightclub ^_ PIN E S T N 4TH ST EO A K S T N VINE ST SOAK ST SPLUM ST S1ST ST E2ND ST E5TH ST ES Y C A M O R E S T N 3RD ST E1ST ST W U P R R D R UP W AYPINE ST S2ND ST W ASHTON AVE E6TH ST EKIMBALL AVE SLOCUST ST SDIVISIO N ST E3RD ST W C E D A R S T S YU N D STVIN E S T N SYCAMORE ST SE L M S T S WA L N U T S T S KOENIG ST E L O C U S T S T N U S 30 H W Y E SO UTH FRO NT ST EC H ARLES ST WWA L N U T S T N HANSEN ST P L U M S T N DIVISIO N ST W4TH ST W7TH ST ECHARLES ST E KI M B A LL A V E N SO UTH FRONT ST W5TH ST W M E M O R IA L D R GROFF ST N O RTH FR O NT ST ECOURT ST E C H E R R Y S T S ASHTON AVE WWA L N U T S T S CHARLES ST W VIN E S T N P L U M S T N Ê 316 E 2ND ST Legend ^_316 E 2ND ST !Licensed Locations Roads Scale: NONEFor Illustration Purposes Grand Island Council Session - 4/9/2019 Page 6 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item E-2 Public Hearing on Request from Jarhead, Inc. dba Texas T-Bone Steakhouse, 1027 E. Bismark Road for a Change of Location for Class “C-111559” Liquor License to 1600 South Locust Street Council action will take place under Consent Agenda item G-5. Staff Contact: RaNae Edwards Grand Island Council Session - 4/9/2019 Page 7 / 254 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:April 9, 2019 Subject:Public Hearing on Request from Jarhead, Inc. dba Texas T-Bone Steakhouse, 1027 E. Bismark Road for a Change of Location for Class “C-111559” Liquor License to 1600 South Locust Street Presenter(s):RaNae Edwards, City Clerk Background Jarhead, Inc. dba Texas T-Bone Steakhouse, 1027 E. Bismark Road has submitted an application for a Change of Location for their Class “C-111559” Liquor License to 1600 South Loucst Street. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Staff recommends approval contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Grand Island Council Session - 4/9/2019 Page 8 / 254 Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application contingent upon final inspections. Sample Motion Move to approve the application for a change of location requested by Jarhead, Inc. dba Texas T-Bone Steakhouse, 1027 E. Bismark Road to 1600 South Locust Street for Liquor License “C-111559” contingent upon final inspections. Grand Island Council Session - 4/9/2019 Page 9 / 254 Liquor License Application: Class “C”: Texas T-Bone Steakhouse ^_LOCUST ST SADAMS ST SANNA ST WJOHN ST W VINE ST SPINE ST SSYLVAN STLOUISE ST W C L A R K S T S BISMARK RD E AUGUST ST SGRAND AVE RIVERSIDE DRDODGE ST EDDY ST SAPACHE RDHAGGE AVE G R E E N WIC H S T S STOLLEY PARK RD W ROUSH LNLINCOLN AVE SSTOLLEY PARK RD E HALL ST FONNER PARK RD ECHARLES ST W STATE FAIR BLVD STAGECOACH RDPHO ENIX AVE W SOUTH ST E PLEASANT VIEW DRRIVERVIEW DRO KLAHOM A AVE W WEDGEWOOD DRSYCAMORE ST SPARKVIEW DRCOTTONWOOD RDFONNER PARK RD W ARROWHEAD RDCHANTICLEER STPLUM ST SSPRING RDM A DIS O N S T S BRAHMA STKOENIG ST W BELLWOOD DRHOLCOMB ST COCHIN STE L M S T S EUGENE ST SNEBRASKA AVE HOPE STBROOKLINE DRWINDSOR RDOXNARD AVE POST RDKIMBALL AVE SC L E B U R N S T S COVENTRY LN M O N R O E S T S WILLIAM STCLAUSSEN AVEISLAND OASIS DRJOEHNCK RDCHURCH RD OAK ST SJACKSON DRBANTAM STP A R K W O O D D R ANDERSON AVE W DELTA ST SANTA ANITA DROKLAHOMA AVE E SOUTH ST W GAMMA ST PHOENIX CTSO U TH ST W E D D Y S T S LOCUST ST SSTAGECOACH RD HALL ST CHURCH RD LIN C O L N A V E S COCHIN ST APACHE RDOAK ST SÊ 1600 S.Locust St. Legend ^_1600 South Locust Street !Licensed Locations Roads Scale: NONEFor Illustration Purposes Grand Island Council Session - 4/9/2019 Page 10 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item E-3 Public Hearing on Request from Luis Jacobo dba Tucan Express, 2120-2124 N. Webb Road for a Class “C” Liquor License Council action will take place under Consent Agenda item G-6. Staff Contact: RaNae Edwards Grand Island Council Session - 4/9/2019 Page 11 / 254 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:April 9, 2019 Subject:Public Hearing on Request from Luis Jacobo dba Tucan Express, 2120-2124 N. Webb Road for a Class “C” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Luis Jacobo dba Tucan Express, 2120-2124 N. Webb Road has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 4/9/2019 Page 12 / 254 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Luis Jacobo dba Tucan Express, 2120-2124 N. Webb Road for a Class “C” Liquor License contingent upon final inspections and completion of a state approved alcohol server/seller training program. Grand Island Council Session - 4/9/2019 Page 13 / 254 Grand Island Council Session - 4/9/2019 Page 14 / 254 Liquor License Application: Class “C”: Tucan Express ^_WEBB RD NDIERS AVE N13TH ST WUS 281 HWY NSTATE ST W CUSTER AVE NCAPITAL AVE W HANCOCK AVECOLLEGE ST PIPER STHOWARD AVE NSHERMAN BLVD17TH ST W 16TH ST W ALLEN DRCOTTAGE ST WAUGH ST WCARLETON AVE11TH AVE W FORREST ST WESTSIDE ST 15TH ST W 14TH ST W KENNEDY DRSHERMAN AVE18TH ST W ASPEN CIRRUE DE COLLEGEHOWARD PLOVERLAND DRST PATRICK AVELAWRENCE LNKELLY ST CHANTILLY STSUNRISE AVEMIDWAY RD SHERIDAN PLSHERIDAN AVEPRIVATE DRCONESTOGA DRPLAZA DRHANCOCK PLISLE RDCEDAR RIDGE CTSHERMAN PLKENNEDY CIR VI A TRI VOLI KINGSTON CIRST JAMES PLPROSPECT ST VIA COMOPLANTATION PLHOWARD CTVIA MILANO US 281 HWY NPIPER STPRIVATE DR Ê 2120-2124 North Webb Rd. Legend ^_2120-2124 N. WEBB RD !Licensed Locations Roads Scale: NONEFor Illustration Purposes Grand Island Council Session - 4/9/2019 Page 15 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item E-4 Public Hearing on Amendment to the Redevelopment Plan for CRA No. 1 located at 304 West Third Street (Amur Real Estate 1) Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 4/9/2019 Page 16 / 254 Council Agenda Memo From:Chad Nabity, AICP Meeting:April 9, 2019 Subject:Site Specific Redevelopment Plan for CRA Area #1 Presenter(s):Chad Nabity, AICP CRA Director Background In 2000, the Grand Island City Council declared property referred to as CRA Area #1 as blighted and substandard and approved a generalized redevelopment plan for the property. The generalized redevelopment plan authorized the use of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site preparation including demolition, landscaping and parking. TIF can also be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. Amur Real Estate I has submitted an application for tax increment financing to aid in the redevelopment of property on the 304-306 W 3rd Street the Wells Fargo Building. The proposal would redevelop commercial space throughout the building, including the removal of asbestos and update the facade. Staff has prepared a redevelopment plan for this property consistent with the TIF application. The CRA reviewed the proposed development plan on February 13, 2019 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on March 13, 2019. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on March 13, 2019. The Planning Commission approved Resolution 2019-07 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 304 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Grand Island Council Session - 4/9/2019 Page 17 / 254 Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #1 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for redevelopment for improvements to and rehabilitation of this building for commercial purposes. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for an eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bond for this project will be issued for a period of 15 years. The proposed bond for this project will be issued for the amount of $360,000. The developer has indicated that they have loan approval for the entire project at 5.25% fixed for 5 years. The loan will contain a 12 month construction phase then converting to 108 months of P & I. The interest rate is fixed for 5 years, then it will re-price to the 5 Year Treasuries plus 225bp. The loan is amortized over 20 years and will balloon in 10. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - 4/9/2019 Page 18 / 254 Redevelopment Plan Amendment Grand Island CRA Area 1 January 2019 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 1 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area 1. Executive Summary: Project Description THE REDEVELOPMENT OF A PORTION OF THE OLD SEARS BUILDING LOCATED AT 304-306 W. 3RD STREET FOR COMMERCIAL OFFICE USES, INCLUDING ACQUISTION AND BUILDING REHABILITATION AND REMODELING. The use of Tax Increment Financing to aid in rehabilitation expenses associated with redevelopment of the Wells Fargo building located at 304-306 W. 3rd street for commercial office space. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project profitable and affordable in the immediate future. The project will result in renovating and modernizing this buiding for commercial office space. This project would not be feasible at this time without the use of TIF. Amur Real Estate I, LLC is the purchasing this building for use by Amur Equipment, Inc. (AEF) for commercial office space for employees located in downtown Grand Island. They are purchasing the property for $675,000. The purchase price is included as an eligible TIF activity. The building is currently vacant. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the remodeling and rehabilitation of this building. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2020 towards the allowable costs and associated financing for rehabilitation. TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) The 304-306 W. 3rd Street in Grand Island Nebraska. Legal Descriptions: All of Lot Eight (8) in Block Fifty-Seven (57) in the Original Town, now City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 4/9/2019 Page 19 / 254 Existing Land Use and Subject Property Grand Island Council Session - 4/9/2019 Page 20 / 254 The tax increment will be captured for the tax years the payments for which become delinquent in years 2021 through 2035 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from rehabilitation of this portion of the building for commercial office uses as permitted in the B3 Heavy Business Zoning District. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution providing for the issuance of the TIF Note, the Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract, consistent with this Redevelopment Plan. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on December 19, 2000.[§18-2109] Such Grand Island Council Session - 4/9/2019 Page 21 / 254 declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to rehabilitate the building for permitted uses on this property as defined by the current and effective zoning regulations. The Hall County Regional Planning Commission held a public hearing at their meeting on March 13, 2019 and passed Resolution 2019-07 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: The Redevelopment Plan for Area 1 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does not provide for the demolition and removal any structures on this property. Demotion of internal structures to accommodate the redevelopment is anticipated and permitted. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area around the site in private ownership is planned for Downtown Commercial development; this includes housing and commercial uses within the same structure. This property is in private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Grand Island Council Session - 4/9/2019 Page 22 / 254 City of Grand Island Future Land Use Map Grand Island Council Session - 4/9/2019 Page 23 / 254 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned B3-Heavy Business zone. No zoning changes are anticipated with this project. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is rehabilitating the existing building. The developer is not proposing to increase the size of the building and current building meets the applicable regulations regarding site coverage and intensity of use. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. . Electric utilities are sufficient for the proposed use of this building. No other utilities would be impacted by the development. The developer will be responsible for replacing any sidewalks damaged during construction of the project. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property is vacant and has been vacant for more than 1 year; no relocation is contemplated or necessary. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] No members of the authority or staff of the CRA have any interest in this property. 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The developer purchased this property on November 9, 2018 for $675,000. The estimated costs of rehabilitation of this property is $1,575,000,, onsite improvements of $250,000 planning related expenses for Architectural and Engineering services of $130,000 and are included as a TIF eligible expense. Legal, Developer and Audit Fees of Grand Island Council Session - 4/9/2019 Page 24 / 254 $7,100 including a reimbursement to the City and the CRA of $7,100 are included as TIF eligible expense. The total of eligible expenses for this project exceeds $2,637,000. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $360,000 from the proceeds of the TIF. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2022 through December 2035. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. This will accomplish the goal of both the Downtown Business Improvement District and refurbish vacant street level commercial space in a timely manner. Grand Island Council Session - 4/9/2019 Page 25 / 254 8. Time Frame for Development Development of this project is anticipated to be completed between January 2019 and December of 2019. Excess valuation should be available for this project for 15 years beginning with the 2020 tax year. 9. Justification of Project This is an historic building in downtown Grand Island that will be preserved with this project. The use of this street level space for commercial offices is consistent with the long term development plans for Downtown. This will return a building that has been occupied at the center of Downtown for since its construction in 1960 to full occupancy keeping more than 100 employees in the downtown area. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Approximately $360,000 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $2,452,100 in private sector financing; a private investment of $6.81for every TIF dollar invested. Use of Funds Source of Funds. Description TIF Funds Other Grants Private Funds Total Site Acquisition $360,000 _ $315,000 $675,000 Legal and Plan* $7,100 $7,100 Engineering/Arch $130,000 $130,000 Renovation $1,575,000 $1,575,000 Site Improvements $250,000 $250,000 Contingency $175,000 $175,000 TOTALS $360,000 $2,452,100 $2,812,100 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2019, valuation of approximately $675,000. Based on the 2017 levy this would result in a real property tax of approximately $15,204. It is anticipated that the assessed value will increase by $1,200,000 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $27,030 annually. The tax Grand Island Council Session - 4/9/2019 Page 26 / 254 increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2019 assessed value: $ 675,000 Estimated value after completion $ 1,875,000 Increment value $ 1,200,000 Annual TIF generated (estimated) $ 27,030 TIF bond issue $ 360,000 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $692,000. The proposed redevelopment will create additional valuation of $1,200,000. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities long after the project is paid off. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools in any significant way. Fire and police protection are available and should not be negatively impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This will provide additional commercial office space options in the downtown area consistent with the planned development in Downtown Grand Island. This will create vacancies within the Downtown Center building. Those spaces are generally well suited for smaller offices. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other employers in any manner different from any other expanding business within the Grand Island area (e) Impacts on student populations of school districts within the City or Village: Grand Island Council Session - 4/9/2019 Page 27 / 254 This development will have a minimal impact on the Grand Island School system as it will likely not result in any increased attendance. No additional residential units are anticipated with this project. Amur employees that are in Grand Island are already having an impact on the school district that that is not likely to increase substantially due to this project. (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project is consistent the goals of the Council, the Downtown BID, the CRA, and Grow Grand Island to support business located in and locating in downtown Grand Island. Time Frame for Development Development of this project is anticipated to be completed during between January of 2019 and December of 2019. The base tax year should be calculated on the value of the property as of January 1, 2019. Excess valuation should be available for this project for 15 years beginning in 2020 with taxes due in 2021. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $360,000 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the rehabilitation the developer will spend at least $2,700,000 on TIF eligible activities. Grand Island Council Session - 4/9/2019 Page 28 / 254 Grand IslandCouncil Session - 4/9/2019Page 29 / 254 Grand IslandCouncil Session - 4/9/2019Page 30 / 254 Grand IslandCouncil Session - 4/9/2019Page 31 / 254 Grand IslandCouncil Session - 4/9/2019Page 32 / 254 Grand IslandCouncil Session - 4/9/2019Page 33 / 254 Grand IslandCouncil Session - 4/9/2019Page 34 / 254 Grand IslandCouncil Session - 4/9/2019Page 35 / 254 Grand IslandCouncil Session - 4/9/2019Page 36 / 254 Grand IslandCouncil Session - 4/9/2019Page 37 / 254 Grand IslandCouncil Session - 4/9/2019Page 38 / 254 Grand IslandCouncil Session - 4/9/2019Page 39 / 254 Grand IslandCouncil Session - 4/9/2019Page 40 / 254 Grand IslandCouncil Session - 4/9/2019Page 41 / 254 Grand IslandCouncil Session - 4/9/2019Page 42 / 254 Grand Island Council Session - 4/9/2019 Page 43 / 254 Grand Island Council Session - 4/9/2019 Page 44 / 254 Grand Island Council Session - 4/9/2019 Page 45 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item E-5 Public Hearing on Acquisition of Utility Easement - 1405 W. Koenig - Bosselman Properties, Inc. Council action will take place under Consent Agenda item G-8. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/9/2019 Page 46 / 254 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:April 9, 2019 Subject:Acquisition of Utility Easement – 1405 W. Koenig – Bosselman Properties, Inc. Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Bosselman Properties, Inc., through a part of Fractional Lot Five (5) and Fractional Lot Six (6) Block Twenty-Four (24), together with part of vacated alley and part of vacated Jefferson Street, all in Charles Wasmer’s Addition to the City of Grand Island, Hall County, Nebraska (1405 W. Koenig), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion As part of an electrical infrastructure upgrade, the Utilities Department needs to tie together two overhead feeder lines along Jefferson Street from the alley between Koenig and Division Streets to the alley between Charles and Louise Streets. As part of the work, the Utilities Department needs to bore 6” conduit, install 3-phase cable, and install a high voltage terminal to provide an underground electric tie for the upgrade. The proposed easement will allow the Utilities Department to install, access, operate and maintain the electrical infrastructure at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 4/9/2019 Page 47 / 254 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 4/9/2019 Page 48 / 254 Grand Island Council Session - 4/9/2019 Page 49 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item E-6 Public Hearing on Acquisition of Utility Easement - 2620 W. Faidley Avenue - Saint Francis Medical Center Council action will take place under Consent Agenda item G-9. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/9/2019 Page 50 / 254 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:April 9, 2019 Subject:Acquisition of Utility Easement – Saint Francis Medical Center – 2620 West Faidley Avenue Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Saint Francis Medical Center, located through a part of Lot One (1), Saint Francis Medical Third Subdivision, in the City of Grand Island, Hall County, Nebraska (2620 West Faidley), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Saint Francis Medical Center has requested an electrical service for the new Cancer Treatment Center located on the south side of the Saint Francis Medical Center located at 2620 West Faidley Avenue. As part of the work the Utilities Department needs to install 3-phase cable and a pad-mounted transformer to provide service to the addition. The proposed easement will allow the Utilities Department to install, access, operate and maintain the electrical infrastructure at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 4/9/2019 Page 51 / 254 Grand Island Council Session - 4/9/2019 Page 52 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item E-7 Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District No. 543; Willow Street at 511 Congdon Avenue (Weinrich Development, Inc.) and 515 Congdon Avenue (Galvan) Council action will take place under Consent Agenda item G-10. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/9/2019 Page 53 / 254 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 9, 2019 Subject:Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District No. 543; Willow Street at 511 Congdon Avenue (Weinrich Development, Inc.) and 515 Congdon Avenue (Galvan) Presenter(s):John Collins PE, Public Works Director Background Public utility easements are needed to accommodate the extension of sanitary sewer to serve an area previously unserved that is located north of 4th Street, east of Congdon Avenue (see attached sketch). The public utility easements will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easements. Sanitary sewer was requested in this area in 2003, and again in September 2017. The proposed district boundary would eliminate around fifteen (15) septic tanks and provide sanitary service to twenty (20) lots. Of the fifteen (15) septic tanks at least three (3) may be in failure and discharging poorly treated waste directly to groundwater. It is advantageous to construct such sanitary sewer main now as there is Community Development Block Grant (CDBG) funding available for 2019, which will reduce the assessment amount for the property owners by about half. Such sanitary sewer district was continued by City Council through Resolution No. 2019- 88 at their March 12, 2019 meeting. Discussion The affected property owners have agreed to dedicate the necessary easements, detailed below, at no cost to the City. Property Owner Legal Description Michael Galvan and Marilyn Galvan A PARCEL OF LAND LOCATED IN LOT 9, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9, Grand Island Council Session - 4/9/2019 Page 54 / 254 LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; THENCE S60°54'35"W (ASSUMED BEARING) ON THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 18.77 FEET; THENCE N29°35'53"W, A DISTANCE OF 20.00 FEET; THENCE N60°54'35"E, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 18.81 FEET TO THE EAST LINE SAID LOT 9; THENCE S29°27'47"E ON SAID EAST LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 375 SQUARE FEET, MORE OR LESS. Weinrich Development, Inc. A PARCEL OF LAND LOCATED IN LOT 10, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; THENCE S60°54'35"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 10, A DISTANCE OF 18.77 FEET; THENCE S29°35'53"E, A DISTANCE OF 112.56 FEET TO THE SOUTH LINE OF SAID LOT 10; THENCE N60°47'43"E ON SAID SOUTH LINE, A DISTANCE OF 18.67 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10; THENCE N29°32'58"W ON THE EAST LINE OF SAID LOT 10, A DISTANCE OF 112.53 FEET TO THE POINT OF BEGINNING, CONTAINING 2,106 SQUARE FEET, MORE OR LESS. 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 acquisition of the necessary permanent utility easements. Sample Motion Move to approve the acquisition of the necessary permanent utility easements. Grand Island Council Session - 4/9/2019 Page 55 / 254 WILLOW STREET 4 TH S T R E E T 7TH STREETWILLOW SANITARY SEWER DISTRICT GRAND ISLAND, NEBRASKAPERMANENT EASEMENTS EXHIBITGrand IslandCouncil Session - 4/9/2019Page 56 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item F-1 #9724 - Consideration of Approving Request to Rezone Property located at 200 East Hwy 34 from RD – Residential Development to Amended RD Residential Development (Talon Apartments) (Second & Third Reading) Staff Contact: Chad Nabity Grand Island Council Session - 4/9/2019 Page 57 / 254 Council Agenda Memo From:Regional Planning Commission Meeting:April 9, 2019 Subject:Rezone from RD Zone to Amended RD Zone Presenter(s):Chad Nabity AICP, Regional Planning Director Background An application has been made to rezone the east side of the Talon Apartments Subdivision from RD Zone to Amended RD Zone and approve a modified development plan. Discussion At the regular meeting of the Regional Planning Commission, held March 13, 2019 the above item was considered following a public hearing. O’Neill opened the public hearing. Nabity explained the original layout proposed with 4 (32 unit) apartment buildings. They are now proposing to amend this to 6 (22 unit) buildings instead of 4 buildings. The buildings will contain a mixture of 1 and 2 bedroom apartments with some attached garages. The new layout will include 2 buildings along the north end and clubhouse and pool central and a quad of 4 units where they had 2 units. Nabity recommended approval. This plat of this does include a piece of CRA property where the Desert Rose was along the north edge of the CRA property where the drive into the apartments is located. CRA has agreed to sell that property as it is already covered by an access easement. O’Neill closed the public hearing. A motion was made by Ruge and second by Rainforth to approve the rezone of Talon Apartments First Subdivision as shown on the proposed development plan from RD Residential Development Zone to Amended RD Residential Development Zone including the preliminary and Final Plat finding that the proposed development is consistent with the Comprehensive Development Plan for the City of Grand Island. Grand Island Council Session - 4/9/2019 Page 58 / 254 The motion carried with ten members in favor (Nelson, Allan, O’Neill, Ruge, Maurer, Robb, Rubio, Monter, Rainforth and Kjar) no members voting no. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 4/9/2019 Page 59 / 254 Grand Island Council Session - 4/9/2019 Page 60 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney ORDINANCE NO. 9724 An ordinance rezoning certain tracts of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising a portion of Talon Apartments First Subdivision including lots 6-10 and Outlot A from RD Residential Development Zone to Amended RD Residential Development Zone in Grand Island, Hall County, Nebraska. directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on March 13, 2019, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, after public hearing on March 26, 2016, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed from RD-Residential Development Zone to amended RD Residential Development Zone: all of lots 6-10 and Outlot A Subdivision in the City of Grand Island, Hall County, Nebraska, SECTION 2. That the proposed development plan for the above described real estate, as shown on the plan submitted with the rezoning request is approved. Grand Island Council Session - 4/9/2019 Page 61 / 254 ORDINANCE NO. 9724(Cont.) - 2 - SECTION 3. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-44 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance and that the approved development plan be kept in the records of the Hall County Regional Planning Department. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 9, 2019. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 62 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item F-2 #9725 - Consideration of Creation of Sidewalk District No. 1- 2019; 13th Street Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/9/2019 Page 63 / 254 Council Agenda Memo From:Keith Kurz, Assistant Public Works Director Meeting:April 9, 2019 Subject:Consideration of Creation of Sidewalk District No. 1- 2019; 13th Street Presenter(s):John Collins, Public Works Director Background Council action is required to create sidewalk districts. The boundary for the proposed district was selected in order to provide a safe walking path for students to Westridge Middle School (see attached sketch). The new sidewalk will be approximately 985.00 feet in length. Discussion If the district is created, a notice will be mailed to all affected property owners, with a 30- day protest period. The Public Works Department recommends that the assessments for the district be spread equally across the lots in the district with a seven (7) year repayment schedule. 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 creation of Sidewalk District No. 1- 2019; 13th Street. Sample Motion Move to approve the ordinance. Grand Island Council Session - 4/9/2019 Page 64 / 254 SIDEWALK DISTRICT NO. 1 - 2019GRAND ISLAND, NEBRASKASIDEWALK DISTRICT BOUNDARY13TH STREETNORTH ROADLOT 1 - BLOCK 2NEUMANN 2ND SUBLOT 3HANOVER3RD SUBREDWOOD ROADDRIFTWOOD DRIVEMANSFIELD ROADCRAIG DRIVENORWOOD DRIVESWEETWOOD DRIVEGrand IslandCouncil Session - 4/9/2019Page 65 / 254 SIDEWALK DISTRICT NO. 1 - 2019GRAND ISLAND, NEBRASKASIDEWALK LOCATION13TH STREET LOT 1 - BLOCK 2 NEUMANN 2ND SUB LOT 3 HANOVER 3RD SUB REDWOOD ROADGrand Island Council Session - 4/9/2019 Page 66 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9725 An ordinance creating Sidewalk District No. 1- 2019 of the City of Grand Island, Nebraska; to define the district where sidewalks are to be constructed; to provide for the construction or repair of such sidewalks within the district by paving and all incidental work in connection therewith; provide for certification to the Register of Deeds; assessing the costs of such improvements; 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. Sidewalk District No. 1- 2019, of the City of Grand Island, Nebraska is hereby created. SECTION 2. The district where sidewalk shall be constructed shall include the following lots and parcels of grounds: Parcel No. 400200394; Lot 3, Hanover Third Subdivision Parcel No. 400437430; Block 2, Lot 1, Neumann Second Subdivision SECTION 3. Said improvement shall be made in accordance with plans and specifications approved by the Engineer for the City, who shall estimate the costs thereof. Bids Grand Island Council Session - 4/9/2019 Page 67 / 254 ORDINANCE NO. 9725 (Cont.) - 2 - for the construction of such sidewalk shall be taken and contracts entered into in the manner provided by law. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law, and shall be provided by mailed notice to the affected property owners of such district creation and that they shall have thirty (30) days from and after such publication to file with the Grand Island City Clerk their written protest of the creation of the district. Enacted: April 9, 2019. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 68 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-1 Approving Minutes of March 26, 2019 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 4/9/2019 Page 69 / 254 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING March 26, 2019 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 March 26, 2019. Notice of the meeting was given in The Grand Island Independent on March 20, 2019. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mike Paulick, Michelle Fitzke, Jeremy Jones, Mark Stelk, Vaughn Minton, Clay Schultz, and Mitch Nickerson. Councilmembers Chuck Haase, Julie Hehnke, and Jason Conley were absent. The following City Officials were present: City Administrator Brent Clark, City Clerk RaNae Edwards, Finance Director Patrick Brown, City Attorney Jerry Janulewicz, and Public Works Director John Collins. INVOCATION was given by Pastor Mark Oberbeck, Northridge Assembly of God, 3025 Independence Avenue followed by the PLEDGE OF ALLEGIANCE. Mayor Steele commented on the activities the City of Grand Island helped with during the flooding. PUBLIC HEARINGS: Public Hearing on Request from Arts & Drafts, LLC dba Arts & Drafts, 214 & 216 North Locust Street for a Change of Location for Class “I-110067” Liquor License to 411 West 3rd Street, Unit 1. City Clerk RaNae Edwards reported that an application for a change of address to Class “I-110067” Liquor License had been received from Arts & Drafts, LLC dba Arts & Drafts, 214 & 216 North Locust Street to 411 West 3rd Street, Unit 1. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 11, 2019; notice to the general public of date, time, and place of hearing published on March 16, 2019; notice to the applicant of date, time, and place of hearing mailed on March 11, 2019; along with Chapter 4 of the City Code. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 3579 North U.S. Highway 281 – Stevensen. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3579 North U.S. Highway 381 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including power lines and transformers. This easement would allow the Utilities Department to install, access, operate and maintain infrastructure at this location. Staff recommended approval. No public testimony was heard. Public Hearing on Request to Rezone Property located at 200 East Hwy 34 from RD – Residential Development to Amended RD Residential Development (Talon Apartments). Regional Planning Director Chad Nabity reported that an application has been made to rezone Grand Island Council Session - 4/9/2019 Page 70 / 254 Page 2, City Council Regular Meeting, March 26, 2019 the east side of the Talon Apartments Subdivision from RD Zone to Amended RD Zone and approve a modified development plan. The original layout proposed 4 (32 unit) apartment buildings. They were now proposing to amend this to 6 (22 unit) buildings instead of 4 buildings. The buildings would contain a mixture of 1 and 2 bedroom apartments with some attached garages. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Right-of-Way in Section 25, Township 11, Range 10 (Parcel No. 400201089- Schoel). Public Works Director John Collins reported that the developer of the Grand Island Regional Hospital location had worked with the affected property owner for dedication of necessary public right-of-way to allow public access to such area. Staff recommended approval. No public testimony was heard. ORDINANCES: #9724 - Consideration of Approving Request to Rezone Property located at 200 East Hwy 34 from RD – Residential Development to Amended RD Residential Development (Talon Apartments) This item was related to the aforementioned Public Hearing. Discussion was held regarding green space and swimming pool water drainage. Mark Otto, 4071 Ann Marie Avenue answered questions concerning the development of the area. Building Department Director Craig Lewis clarified City Code regulations regarding swimming pool drainage. Motion by Stelk, second by Fitzke to approve Ordinance #9724 on first reading only. City Clerk: Ordinance #9724 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 Nickerson, Schutz, Minton, Stelk, Jones, and Fitzke voted aye. Councilmember Paulick voted no. Motion adopted. CONSENT AGENDA: Motion by Paulick, second by Jones to approve the Consent Agenda excluding items G-5, G-9, and G-21 (Resolutions #2019-101, #2019-105, and #2019-117) which were pulled for further discussion. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of March 12, 2019 City Council Regular Meeting. Approving Appointment of Jason Morledge to the Citizens Advisory Review Committee. Approving Request from Henry Moreno, 1208 Cork Drive, Papillion, Nebraska for Liquor Manager Designation for Fresh Thyme Farmers Market, 3535 West 13th Street, Suite 113. #2019-100 - Approving Request from Arts & Drafts, LLC dba Arts & Drafts, 214 & 216 North Locust Street for a Change of Location for Class “I-110067” Liquor License to 411 West 3rd Street, Unit 1. Grand Island Council Session - 4/9/2019 Page 71 / 254 Page 3, City Council Regular Meeting, March 26, 2019 #2019-101 - Approving Preliminary Plat, Final Plat and Subdivision Agreement for Talon Apartments Second Subdivision. This item was pulled from the agenda at the request of the Regional Planning Director. #2019-102 - Approving Final Plat and Subdivision Agreement for JGMO. It was noted that Jason Olderbak and Brian McMahon, owners, had submitted the Final Plat and Subdivision Agreement for JGMO Subdivision located west of Blaine Street south of Lake Street and west of Locust Street for the purpose of creating 3 lots on 11.100 acres. #2019-103 - Approving Final Plat and Subdivision Agreement for Copper Creek Rodney Leon Subdivision. It was noted that The Guarantee Group, LLC, owners, had submitted the Final Plat and Subdivision Agreement for Copper Creek Rodney Leon Subdivision located along Little Blue Stem Drive east of Engelman Road for the purpose of creating 25 lots on 5.736 acres. #2019-104 - Approving Final Plat and Subdivision Agreement for Schaff’s Seventh Subdivision. It was noted that Darin and Janice Jares, owners, had submitted the Final Plat and Subdivision Agreement for Schaff’s Seventh Subdivision located north of Seedling Mile Road and west of Gun Barrel Road for the purpose of creating 2 lots on 8.319 acres. #2019-105 - Approving Final Plat and Subdivision Agreement for Rhoads Subdivision. It was noted that Josh Rhoads Rhoads Enterprises, Inc., owner, had submitted the Final Plat and Subdivision Agreement for Rhoads Subdivision located north of 13th Street and east of Mansfield Road for the purpose of creating 6 lots on 6.866 acres. Josh Rhoads, 414 Westwood Circle spoke in support. Motion by Nickerson, second by Paulick to approve Resolution #2019-105. Upon roll call vote, all voted aye. Motion adopted. #2019-106 - Approving Acquisition of Utility Easement - 3579 North US Highway 281 – Stevensen. #2019-107 - Approving Bid Award - Water Main Project 2018-W-8 - Within the intersection at Riverside Drive and Holcomb Street with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $79,171.20. #2019-108 - Approving Bid Award - Phelps Control HVAC Replacement with Mid Plains Construction Company of Grand Island, Nebraska in an Amount of $184,300.00. #2019-109 - Approving Bid Award - Transmission Line Work OPGW Upgrade with Watts Electric Company of Waverly, Nebraska in an Amount of $934,582.11. #2019-110 - Approving Repair of the Coal Unloading Chute at Platte Generating Station with Bedeschi Mid-West Conveyor Company in an Amount of $78,650.00. Grand Island Council Session - 4/9/2019 Page 72 / 254 Page 4, City Council Regular Meeting, March 26, 2019 #2019-111 - Approving Certificate of Final Completion for WAS Tank Blower Replacement; Project No. 2018-WWTP-1 with Andrews Electric Co., Inc. of Geneva, Nebraska. #2019-112 - Approving Purchase of New Front-End Loader for the Streets Division of the Public Works Department from NMC of Omaha, Nebraska in an Amount of $153,900.00. #2019-113 - Approving Bid Award for Final Clarifier No. 3 Renovation; Project No. WWTP- 2019-2 with Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri in an Amount of $157,000.00. #2019-114 - Approving Acquisition of Public Right-of-Way in Section 25, Township 11, Range 10 (Parcel No. 400201089- Schoel). #2019-115 - Approving Purchase of a New Bucket Truck/Sign Truck for the Streets Division of the Public Works Department from Altec Industries, Inc. in an Amount of $134,814.00. #2019-116 - Approving Purchase of Golf Cars for Heartland Public Shooting Park from Masek Golf Car Co. of Gering, Nebraska in an Amount of $76,000.00. #2019-117 - Approving Resurface of Stolley Park Tennis Court and Convert for Pickleball with Advanced Athletic Surfaces, LLC of Woodstock, Georgia in an Amount of $25,980.00. #2019-118 - Approving Repair of Vertical Turbines at Island Oasis Water Park with Engineered Pump Services of Mukwonago, Wisconsin in an Amount of $28,730.00. Parks & Recreation Director Todd McCoy answered questions regarding pickleball courts at Eagle Scout Park. He stated that would be a huge project around $400,000 and would come in the future. Discussion was held regarding Ryder Park being a designation spot for tennis. Motion by Paulick, second by Stelk to approve Resolution #2019-118. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Fitzke to approve the payment of claims for the period of March 13, 2019 through March 26, 2019 for a total amount of $5,081,572.94. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 7:32 p.m. RaNae Edwards City Clerk Grand Island Council Session - 4/9/2019 Page 73 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-2 Approving Minutes of April 2, 2019 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 4/9/2019 Page 74 / 254 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION April 2, 2019 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on April 2, 2019. Notice of the meeting was given in the Grand Island Independent on March 27, 2019. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following Councilmembers were present: Mike Paulick. Michelle Fitzke, Jeremey Jones, Mark Stelk, Jason Conley, Vaughn Minton, Julie Hehnke, Mitch Nickerson, and Chuck Haase. Councilmember Clay Schutz was absent. The following City Officials were present: City Administrator Brent Clark, City Clerk RaNae Edwards, Finance Director Patrick Brown, City Attorney Jerry Janulewicz and Public Works Director John Collins. PLEDGE OF ALLEGIANCE: SPECIAL ITEMS: Veterans Home Campus Update. Mayor Steele stated he brought this topic forward to update the Council and the community regarding the Veterans Home property. Regional Planning Director Chad Nabity gave a history on the 640 acres that was designated as the Central Nebraska Veterans Home over 130 years ago. He stated the Veterans Club had a 99 year lease on their 10 acres of property. City Attorney Jerry Janulewicz answered questions regarding the Veterans Cemetery. He said the Council would have to approve a Memorandum of Understanding for the City to take over the care of this cemetery. Reported was that the Department of Administrative Services (DAS) had estimated their costs for utilities and ground maintenance at approximately $1,000,000 annually. The City of Grand Island was waiting on State approval of a Memorandum of Agreement for the transfer of the Veteran’s Cemetery for the care and maintenance of the Cemetery. The Parks and Recreation Department would care for and maintain the cemetery beginning this spring. City Attorney Jerry Janulewicz reviewed the Programmatic Agreement and Memorandum of Agreement for the potential transfer of the former Grand Island Veterans Home (GIVH) Phase 2. The Programmatic Agreement was completed in 2015 and imposed upon the State certain obligations regarding the GIVH site. Elements of the Programmatic Agreement included: A Historic Property Identification and Site Survey 1.Resource count and description of property 2.Site map Grand Island Council Session - 4/9/2019 Page 75 / 254 Page 2, City Council Study Session, April 2, 2019 3.History 4.Recommendations for placement on Historic Property Registry 5.Historic resources to be considered as part of the reuse plan DHHS and DAS would ensure the continued maintenance of all facilities and support resources through the duration of the Programmatic Agreement. Reviewed was the Memorandum of Agreement between the State of Nebraska and the City of Grand Island regarding the transfer of the Central Nebraska Veterans Home lands and buildings. Prior to the Phase I transfer funding for building demolition was discussed, there was no legally binding commitment by the State to provide funds. After Phase I, DAS informed the City there were no State funds to accompany the transfer of the property to the City. It was not reasonable or responsible for the City to assume financial responsibility for the campus. The farm income from the Phase I transfer was insufficient to pay campus utilities, building maintenance, and other operating expenses. The Nebraska Department of Administrative Services informed the City of the following Disposition Plan: 1.DAS would transmit a Request for Information and Proposals (RFI/RFP) to potential developers 2.DAS would review responses and select adequate responses to proceed for consideration by a redevelopment team 3.A DAS appointed redevelopment team would review and prioritize proposals 4.DAS would host a community input session on the proposal selected by the redevelopment team; and 5.The selected proposal would be sent to the City for review City Administration offered to assume responsibility for the Veterans Cemetery through a Memorandum of Agreement between the State and DAS with the City. Due to the uncertainty of the development process the State and the United Veterans Club entered into a new long term lease agreement for the 10 acre tract used by the club for parking and ball parks. The City of Grand Island was seeking redevelopment of the Veterans Home in a manner that would accomplish the following goals: 1.Provide a sustainable, positive economic and social impact for the immediate area and the City 2.Provide a benefit to veterans, such as house, social services or meeting other needs; and 3.Avoid a negative impact on the City’s budget Discussion was held regarding the timeline for this property. Mr. Janulewicz stated DAS wanted to get rid of the property as soon as possible because of the cost. DAS would put together a RFP and go out for bids for the sale of this property. It was possible a developer could come in with a plan to redevelop this property but there would be costs associated with any development. Mentioned were environmental assessment on the property, asepsis, lead paint, and inspections. Grand Island Council Session - 4/9/2019 Page 76 / 254 Page 3, City Council Study Session, April 2, 2019 DAS would not give the City the opportunity to walk through the buildings to see the condition they were in. The following people spoke: Paul Wicht, 1708 Jerry Drive Mike Gloor, 2120 Barbara Avenue Gary Quandt, 609 West 14th Street Phil Beckett, 2110 East Stolley Park Road Jay Vavricek, 2729 Brentwood Blvd Ron Grabowski, 1621 Summerfield Avenue Dennis Wagoner, 1310 Dodge Street, Wood River Kayleen Riley, 421 East 14th Street The Mayor and Council thanked those who attended and those who served our country. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. RaNae Edwards City Clerk Grand Island Council Session - 4/9/2019 Page 77 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-3 Approving Preliminary Plat for The Orchard Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 4/9/2019 Page 78 / 254 Council Agenda Memo From:Regional Planning Commission Meeting:April 9, 2019 Subject:The Orchard – Preliminary Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south of Capital Avenue and the outfall ditch and west of the Central Nebraska Railroad line north of 12th Street in northeast Grand Island. There are 180 total lots on 25 acres. The street widths for 19th, 14th, and 13th and Apple Streets have been increased to 37 ft. The developer is requesting a 32’ street on Peach Street between 13th Street and 19th Street except for that section of street adjacent to the park and community building that will be constructed with a width of 37 feet. Some of these changes were made after the planning commission meeting described below. As shown, neither the developer nor city staff believes there are any significant conflicts with parking on both sides of the street. The driveways offset parking leaving only one side with parking available. A copy of the plat with the proposed parking and driveways is attached. Discussion The preliminary plat for The Orchard Subdivision was considered by the Regional Planning Commission at the September 5, 2018 meeting. Nabity went over the lay out of the area of the subdivision. He also mentioned that 17th Street as shown on the plat will be 19th Street. This does blend itself well for future developments of a property owned by Zillers. The subdivision is designed to give some ability for some development along the south side of the drainage way. Nabity stated the streets Apple and Peach are planned as 32 ft. streets. There are some issues and Nabity recommends before approval the City Council that the applicant address the specific issues with parking conflicts. This development will start to on the north end proceed around 19th Street to Peach Street and all the way down to 14th Street. The second phase will extend Apple Street south to 14th Street. The third phase will be the loop at the south end of the development. Grand Island Council Session - 4/9/2019 Page 79 / 254 There are 180 total lots on 25 acres. The street width for 19th, 14th, and 13th Streets was increased to 37 ft. There are parking conflicts on the north end. Ruge asked if the board should approve item as is or ask for an update of the drawing before approving the item. Randone suggested to approve the item with conditional fixes to keep the item moving. A motion was made by Randone and seconded by Rainforth to approve the Preliminary Plat – Orchard Subdivision subject to zoning change being approve and that the parking issues are fixed/addressed with the final plat. The motion was carried with eight members voting in favor (Allan, Ruge, Robb, Rainforth, Rubio, Hedricksen, Randone, and Kjar) with no members voting no. 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 Council approve the preliminary plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 4/9/2019 Page 80 / 254 Grand Island Council Session - 4/9/2019 Page 81 / 254 Developer/Owner The Orchard/Hoppe Home PC To create 180 lots south of north of 12th street and west of the Central Nebraska lot east the Central Nebraska Railroad line in Grand Island, Nebraska. Size: 23.83 acres Zoning: R-3SL Medium Density Small Lot Residential Road Access: All streets except Peach Street between 19th and 13th are planned to be constructed as 37 foot wide Public Streets. Peach Street from 19th to 13th is planned as a 32 foot wide street with parking offset by driveways. Water Public: City water is available and will be extended throughout the subdivision. Sewer Public: City sewer is available and will be extended throughout the subdivision. Grand Island Council Session - 4/9/2019 Page 82 / 254 Grand Island Council Session - 4/9/2019 Page 83 / 254 Grand Island Council Session - 4/9/2019 Page 84 / 254 Grand Island Council Session - 4/9/2019 Page 85 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-4 #2019-119 - Approving Request from Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street for a Change of Location for Class “I-108549” Liquor License to 316 East 2nd Street This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 4/9/2019 Page 86 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-119 WHEREAS, an application was filed by Luisa M. Lovao, doing business as Ritmos Nightclub, 611 East 4th Street for a Change of Location to their Class "I-108549" Liquor License to 316 East 2nd Street; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on March 30, 2019; such publication cost being $18.49; and WHEREAS, a public hearing was held on April 9, 2019 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 87 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-5 #2019-120 - Approving Request from Jarhead, Inc. dba Texas T- Bone Steakhouse, 1027 E. Bismark Road for a Change of Location for Class “C-111559” Liquor License to 1600 South Locust Street This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 4/9/2019 Page 88 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-120 WHEREAS, an application was filed by Jarhead, Inc., doing business as Texas T- Bone Steakhouse, 1027 E. Bismark Road for a Change of Location to their Class "C-111559" Liquor License to 1600 South Locust Street; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on March 30, 2019; such publication cost being $18.99; and WHEREAS, a public hearing was held on April 9, 2019 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 89 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-6 #2019-121 - Approving Request from Luis Jacobo dba Tucan Express, 2120-2124 N. Webb Road for a Class “C” Liquor License This item relates to the aforementioned Public Hearing item E-3. Staff Contact: RaNae Edwards Grand Island Council Session - 4/9/2019 Page 90 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-121 WHEREAS, an application was filed by Luis Jacobo doing business as Tucan Express, 2120-2124 N. Webb Road for a "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on March 30, 2019; such publication cost being $17.51; and WHEREAS, a public hearing was held on April 9, 2019 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 91 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-7 #2019-122 - Approving Purchase of Dell Laptops and Docking Stations for Patrol Fleet Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 4/9/2019 Page 92 / 254 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:April 9, 2019 Subject:Purchase of Patrol Fleet Laptop Computers and Docking Stations Presenter(s):Robert Falldorf, Police Chief Background The Police Department is requesting approval to replace eight (8) older model Dell Latitude laptop computers with eight (8) of the newest model Dell Latitude 12 Rugged Extreme 7214 laptops. We are also requesting approval to purchase two (2) Dell Havis docking stations so the City IT Department has extras for situations when we have issues with current docking stations. The cost for each of the new Dell Latitude laptop computers is $3,134.36 for a total of $25,074.88 for the eight (8) units. The cost for each of the new Dell Havis docking stations is $451.81 for a total of $903.62 for the two (2) units. Total cost for this purchase will be $25,978.50. This purchase is being made under the State of Nebraska contract number 14252 OC. Part of this purchase, in the amount of $14,580, will be covered by our 2017 Justice Assistance Grant (JAG). The remaining amount of this purchase, $11,398.50, will be covered in the Police Department’s General Fund. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 4/9/2019 Page 93 / 254 Recommendation City Administration recommends that the Council approve the purchase of eight (8) Dell Latitude 12 Rugged Extreme computer laptops and two (2) Dell Havis docking stations for a total of $25,978.50 under State contract number 14252 OC with Dell, Inc. of Round Rock, Texas. Sample Motion Move to approve the purchase of eight (8) Dell Latitude 12 Rugged Extreme computer laptops and two (2) Dell Havis docking stations for a total of $25,978.50 under State contract number 14252 OC with Dell, Inc. of Round Rock, Texas. Grand Island Council Session - 4/9/2019 Page 94 / 254 Sales rep: Danielle Thompson | 3000033339207.1 Page 1 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. A quote for your consideration! Total: $25,978.50 Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: 3000033339207.1 Quote date: Feb. 8, 2019 Quote expiration: Jun. 1, 2019 Deal ID: 16357860 Company name: CITY OF GRAND ISLAND Customer number: 57684 Phone: (308) 385-5469 Sales rep information: Danielle Thompson Danielle_D_Thompson@Dell.com (800) 456-3355 Ext: 80000 Billing Information: CITY OF GRAND ISLAND PO BOX 1968 GRAND ISLAND NE 68802-1968 US (308) 385-5469 Pricing Summary Item Qty Unit Price Subtotal Latitude 12 Rugged Extreme 7214 8 $3,134.36 $25,074.88 Havis DS-DELL-401 Advanced Port Replication - docking station - VGA, HDMI 2 $451.81 $903.62 Subtotal: Shipping: Environmental Fees: Non-Taxable Amount: Taxable Amount: Estimated Tax: Total: $25,978.50 $0.00 $0.00 $25,978.50 $0.00 $0.00 $25,978.50 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Grand Island Council Session - 4/9/2019 Page 95 / 254 Sales rep: Danielle Thompson | 3000033339207.1 Page 2 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Dear Customer, Your Quote is detailed below;please review the quote for product and information accuracy.If you find errors or desire certain changes please contact me as soon as possible. Regards, Danielle Thompson Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order Shipping Group 1 Shipping Contact: STEPHANIE GOSDA Shipping phone: (308) 389-0167 Shipping via: Standard Delivery Shipping Address: 100 E 1ST ST GRAND ISLAND NE 68801-6023 US SKU Description Qty Unit Price Subtotal Latitude 12 Rugged Extreme 7214 Estimated delivery date: Feb. 28, 2019 Contract No: WN20AGW Customer Agreement No: MNWNC-108 /14252 8 $3,134.36 $25,074.88 210-AJRS Dell Latitude 7214 Rugged Extreme, XCTO 8 -- 338-BJKE Intel Core i7-6600U Processor (4MB Cache, 2.60 GHz)8 -- 619-AHKN Win 10 Pro 64 English, French, Spanish 8 -- 340-CKSZ No AutoPilot 8 -- 658-BCSB Microsoft(R) Office 30 Days Trial 8 -- 631-AAYZ No Out-of-Band Systems Management 8 -- 370-ACDD 8GB (1x8GB) DDR4 2133MHz Memory 8 -- 400-ANIO 256GB Mobility Solid State Drive 8 -- 490-BBTM Intel [R] Integrated HD Graphics 520 8 -- 391-BCSF 29.5cm (11.6") HD (1366x768) Touch Display with Microphone Camera with Privacy Shutter 8 -- 389-BKMY Regulatory Label, W/GS, No Rubber coating 8 -- 580-ABYR Sealed Internal RGB Backlit English Keyboard 8 -- 570-AADK No Mouse 8 -- Grand Island Council Session - 4/9/2019 Page 96 / 254 Sales rep: Danielle Thompson | 3000033339207.1 Page 3 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. 555-BCZH Intel Dual-Band Wireless-AC 8260 Driver 8 -- 555-BCXB Intel Dual-Band Wireless-AC 8260 Wi-Fi + BT 4.1 Wireless Card (2x2) 8 -- 389-BKOT Regulatory Label,WAN,GS/NGS, C2 8 -- 395-BBBK Antenna Handle, LTE, 7214 8 -- 556-BBPJ DW5808E Gobi5000 4G/LTE Wireless WAN Card for Verizon (Windows 10/8.1) 8 -- 451-BBWO 4-cell (56Wh) Lithium Ion Battery With ExpressCharge 8 -- 492-BBEM 65W AC Adapter, 3-pin 8 -- 346-BBXW No Fingerprint Reader 8 -- 817-BBBB No FGA 8 -- 450-AAEJ US Power Cord 8 -- 340-AGIK Safety/Environment and Regulatory Guide (English/French Multi-language) 8 -- 340-BEXO Quick Setup Guide (English)8 -- 387-BBCE No Energy Star 8 -- 328-BBMU Shipping Box Shuttle for DAO 8 -- 340-AAFC System Shipment 8 -- 332-1286 US Order 8 -- 389-BKKW Regulatory label 8 -- 800-BBGS BTO Standard Shipment (M)8 -- 340-ACQQ No Option Included 8 -- 575-BBCH No Stand included 8 -- 460-BBEX No Carrying Case 8 -- 389-BJTI Intel Core i7 Processor Label 8 -- 340-ADFZ Dell Power Manager 8 -- 422-0007 Dell Data Protection Security Tools Digital Delivery/NB 8 -- 525-BBCL SupportAssist 8 -- 640-BBLW Dell(TM) Digital Delivery Cirrus Client 8 -- 640-BBQC System Driver, Dell Rugged Extreme 12 8 -- Grand Island Council Session - 4/9/2019 Page 97 / 254 Sales rep: Danielle Thompson | 3000033339207.1 Page 4 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. 658-BBMR Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 8 -- 658-BBNF Waves Maxx Audio Royalty 8 -- 658-BCUV Dell Developed Recovery Environment 8 -- 429-AAYP No Optical Drive 8 -- 389-BDCE No UPC Label 8 -- 620-AAOH No Media 8 -- 540-BBFB Express Card Reader (Replaces 8-in-1 Memory Card Reader and one USB 3.0 port) 8 -- 319-BBEB Bottom Camera with Flash 8 -- 340-ACQQ No Option Included 8 -- 340-ACQQ No Option Included 8 -- 804-0513 ProSupport Plus: Next Business Day Onsite, 3 Years 8 -- 997-6988 Dell Limited Hardware Warranty Initial Year 8 -- 997-7005 ProSupport Plus: Accidental Damage Service, 3 Years 8 -- 997-7006 ProSupport Plus: Keep Your Hard Drive, 3 Years 8 -- 997-7040 ProSupport Plus: 7x24 Technical Support, 3 Years 8 -- 997-8367 Thank you for choosing Dell ProSupport Plus. For tech support, visit www.dell.com/contactdell or call 1-866-516- 3115 8 -- 365-0896 Client ProSupport Plus Asset Label without Company Name 8 -- 377-8262 CFI,Information,VAL,CHASSISDEF,Factory Install 8 -- SKU Description Qty Unit Price Subtotal Havis DS-DELL-401 Advanced Port Replication - docking station - VGA, HDMI Estimated delivery date: Feb. 18, 2019 Contract No: WN20AGW Customer Agreement No: MNWNC-108 /14252 2 $451.81 $903.62 A8007905 Havis DS-DELL-401 Advanced Port Replication - docking station - VGA, HDMI 2 -- Grand Island Council Session - 4/9/2019 Page 98 / 254 Sales rep: Danielle Thompson | 3000033339207.1 Page 5 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Subtotal: Shipping: Environmental Fees: Estimated Tax: Total: $25,978.50 $0.00 $0.00 $0.00 $25,978.50 Grand Island Council Session - 4/9/2019 Page 99 / 254 Sales rep: Danielle Thompson | 3000033339207.1 Page 6 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Unless you have a separate written agreement that specifically applies to this order,your order is subject to Dell's Terms of Sale (for consumers the terms include a binding arbitration provision).Please see the legal disclaimers below for further information. Important Notes Terms of Sale Unless you have a separate written agreement that specifically applies to this order,your order will be subject to and governed by the following agreements,each of which are incorporated herein by reference and available in hardcopy from Dell at your request:Dell's Terms of Sale (www.dell.com/learn/us/en/uscorp1/terms-of-sale),which include a binding consumer arbitration provision and incorporate Dell's U.S.Return Policy (www.dell.com/returnpolicy)and Warranty (for Consumer warranties ;for Commercial warranties). If this purchase includes services:in addition to the foregoing applicable terms,the terms of your service contract will apply (Consumer;Commercial).If this purchase includes software:in addition to the foregoing applicable terms,your use of the software is subject to the license terms accompanying the software,and in the absence of such terms,then use of the Dell-branded application software is subject to the Dell End User License Agreement -Type A (www.dell.com/AEULA) and use of the Dell-branded system software is subject to the Dell End User License Agreement -Type S ( www.dell.com/SEULA). If your purchase is for Mozy,in addition to the foregoing applicable terms,your use of the Mozy service is subject to the terms and conditions located at https://mozy.com/about/legal/terms. If your purchase is for Boomi services or support,your use of the Boomi Services (and related professional service)is subject to the terms and conditions located at https://boomi.com/msa. If your purchase is for Secureworks services or support,your use of the Secureworks services (and related professional service)is subject to the terms and conditions located at https://www.secureworks.com/eula/eula-us. If this purchase is for (a)a storage product identified in the DELL EMC Satisfaction Guarantee Terms and Conditions located at http://www.emc.com/collateral/sales/dellemc-satisfaction-guarantee-terms-and-conditions_ex-gc.pdf("Satisfaction Guarantee")and (ii)three (3)years of a ProSupport Service for such storage product,in addition to the foregoing applicable terms,such storage product is subject to the Satisfaction Guarantee. You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety.Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to,inconsistent or in conflict with,the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information All product,pricing,and other information is valid for U.S.customers and U.S.addresses only,and is based on the latest information available and may be subject to change.Dell reserves the right to cancel quotes and orders arising from pricing or other errors.Please indicate any tax-exempt status on your PO,and fax your exemption certificate,including your Customer Number,to the Dell Tax Department at 800-433-9023.Please ensure that your tax-exemption certificate reflects the correct Dell entity name:Dell Marketing L.P. Note:All tax quoted above is an estimate;final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax_Department@dell.com. For certain products shipped to end-users in California,a State Environmental Fee will be applied to your invoice.Dell encourages customers to dispose of electronic equipment properly. Grand Island Council Session - 4/9/2019 Page 100 / 254 STATE OF NEBRASKA CONTRACT AWARD PAGE 1 of 2 BUSINESS UNIT 9000 VENDOR NUMBER: 3260939 VENDOR ADDRESS: DELL MARKETING LP SLG SALES 1 DELL WAY BLDG RR2W-2 STOP 2-2-V2 ROUND ROCK TX 78682-7000 ORDER DATE 03/23/17 BUYER NANCY STORANT AS State Purchasing Bureau 1526 K Street, Suite 130 Lincoln, Nebraska 68508 Telephone: (402) 471-6500 Fax: (402) 471-2089 CONTRACT NUMBER 14252 oc AN AWARD HAS BEEN MADE TO THE CONTRACTOR NAMED ABOVE FOR THE FURNISHING OF MATERIALS AND/OR SERVICES AS LISTED BELOW FOR THE PERIOD: APRIL 01, 2017 THROUGH MARCH 31, 2020 NO ACTION ON THE PART OF THE CONTRACTOR NEEDS TO BE TAKEN AT THIS TIME. ORDERS FOR THE MATERIALS AND/OR SERVICES WILL BE MADE AS NEEDED BY THE VARIOUS AGENCIES OF THE STATE. THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE MATERIALS AND/OR SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR MATERIALS AND/OR SERVICES FROM OTHER SOURCES. THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE CONTRACTOR AND THE STATE Of. NEBRASKA. Originally awarded from NASPO Value Point Contract MNWNC-108 Supply and deliver Computer Equipment (Desktop, Laptop, Tablet, Server and Storage), Peripherals and Related Services, FOB Destination, to the State of Nebraska per the following Contract Information and attached Participating Addendum. Dell Marketing, LP. NASPO ValuePoint website: <http://www.dell.com/learn/us/en/04/slg/nebraska?c=us&l=en&s=bsd&cs=04> The Dell Marketing, LP. NASPO ValuePoint website will assist you with contact information, product and service information, product configuration, pricing, how to order, warranty support, etc. The State Purchasing Bureau encourages agencies to contact the designated Inside Sales Representative/Account Representative to learn more about special promotions, and to obtain volume discount quotes. The following configuration limits apply to this contract: Desktop: $10,000 Laptop: $ 10,000 Tablet: $ 5,000 Server: $500,000 Storage: $500,000 The dollar limits identified above are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 Desktops for a total purchase price of $10,000). The Purchase Order must include the State of Nebraska NASPO ValuePoint Contract #14252 OC and the Dell Marketing, LP. NASPO ValuePoint Master Agreement Number MNWNC-108 and also must include Dell Contract Code WN20AGW. Leasing for State Agencies is outside the scope of the NASPO ValuePoint Agreement and this contract. Political Subdivisions are responsible for processing Purchase Orders directly with the contracted vendor. (For the File: This RFP and Contract are bid and awarded by the State of Minnesota. All backup bids, etc., are retained by the Stat -of-) Minnesota, Department of Administration, Materials Management Division.) / R4:JSOOIN1SC00011NISC0001 20150901 Grand Island Council Session - 4/9/2019 Page 101 / 254 STATE OF NEBRASKA CONTRACT AWARD State Purchasing Bureau 1526 K Street, Suite 130 Lincoln. Nebraska 68508 PAGE 2 of 2 BUSINESS UNIT 9000 VENDOR NUMBER: 3260939 ORDER DATE 03/23/17 BUYER NANCY STORANT AS Telephone: (402) 471-6500 Fax: (402) 471-2089 CONTRACT NUMBER 14252 oc (For the File: The NASPO ValuePoint/Dell Marketing, L.P. Master Price Agreement contract period was effective on April 1, 2015. The NASPO ValuePoint/Dell Marketing. L.P. Participating Addendum became effective on October 15, 2015. Vendor Contact: Sadie Robbins Address: One Dell Way, Round Rock, TX 78682 Phone: 515-723-6961 Email: Sadie.Robbins@Dell.com THIS IS THE FIRST RENEWAL OF THE CONTRACT AS AMENDED (ss 3/23/17) Line 1 Description DELL COMPUTER EQUIPMENT DESKTOP, LAPTOP, TABLET. Estimated Unit of Quantity Measure 12,100,000.0000 $ Unit Price 1.0000 ~ BUYER INITIALS R435001NISC:.m:n1N1Sc:nont ?0\50901 Grand Island Council Session - 4/9/2019 Page 102 / 254 PARTICIPATING ADDENDUM Amendment Two N.ASPO ValuePoint COOPERATIVE PURCHASING PROGRAM Computer Equipment .Administered by the State of Minnesota (hereinafter "Lead State") MASTER AGREEMENT Master Agreement No: MNWNC-108 Dell Marketing, 1.P. (hereinafter "Contractor") And State of Nebraska (hereinafter "Participating State/Entity") Participating State Contract Number 14252 OC Page 1 of 3 THIS AMENDMENT is by and between the State of Nebraska ("Participating State/Entity"), and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. MNWNC-108 to provide Computer Equipment, the State of Nebraska has entered into a Participating Addendum (PA) with the Contractor identified as 14252 OC. WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. The State of Nebraska wishes to continue to take advantage of existing contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: Effective April I , 2017 1. CHANGES: The purpose of this Amendment One is as follows: a. Contract Period: Extended from April l, .2017 through March 31, .2020 b. Delete Section ss in its entirety and replace with the following: ADMINISTRATIVE FEE/REBATE REMITTANCE LOCATION All Administrative Fees/Rebates will be sent to the following address: State Purchasing Bureau c/o Central Finance, Administrative Services 1526 K Street. Suite 240 Lincoln, NE 68508 Grand Island Council Session - 4/9/2019 Page 103 / 254 PARTICIPATING ADDENDUM Amendment Two NASPO ValuePoint COOPERATIVE PURCHASING PROGRAM Computer Equipment Administered by the State of Minnesota (hereinafter "Lead State") MASTER AGREEMENT Master Agreement No: MNWNC-108 Dell Marketing, L.P. (hereinafter "Contractor") And State of Nebraska (hereinafter "Participating State/Entity") Participating State Contract Number 14252 OC Page 2 of 3 c. Delete and replace the following Contractor information from # 5: Contractor Name Sadie Robbins Address One Dell Wav, Round Rock, TX 78682 Telephone 515-723-6961 E-mail Sadie.robbins@dell.com Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Price Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. This Addendum applies only in the jurisdiction of the Participating State or Participating Entity which has executed this Addendum. Grand Island Council Session - 4/9/2019 Page 104 / 254 PARTICIPATING ADDENDUM Amendment Two N.ASPO ValuePoint COOPERATIVE PURCHASING PROGRAM Computer Equipment .Administered by the State of Minnesota (hereinafter "Lead State") MASTER AGREEMENT Master Agreement No: MNWNC-108 Dell Marketing, L.P. (hereinafter "Contractor") And State of Nebraska (hereinafter "Participating State/Entity0 ) Participating State Contract Number 14252 OC Page 3 of3 IN WlTNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Participating State: State of Nebraska Contractor: Dell Marketing, L.P. Name: Bo Botelho Title: Materiel Administrator Title: Contracts Manager, Dell Legal Date: 3 Date: March 21, 2017 Grand Island Council Session - 4/9/2019 Page 105 / 254 STATE OF NEBRASKA CONTRACT AMENDMENT PAGE 1 of2 ORDER DATE 01/24/17 State Purchasing Bureau 1526 K Street, Suite 130 Lincoln, Nebraska 68508 Telephone: (402) 471-6500 Fax: (402) 471-2089 BUSINESS UNIT 9000 VENDOR NUMBER: 3260939 BUYER NANCY STORANT AS CONTRACT NUMBER 14252 oc VENDOR ADDRESS: DELL MARKETING LP SLG SALES PO BOX 149254 AUSTIN TX 78714-9254 THE CONTRACT PERIOD IS: OCTOBER 15, 2015 THROUGH MARCH 31, 2017 THIS CONTRACT HAS BEEN AMENDED PER THE FOLLOWING INFORMATION: NO ACTION ON THE PART OF THE CONTRACTOR NEEDS TO BE TAKEN AT THIS TIME. ORDERS FOR THE MATERIALS AND/OR SERVICES WILL BE MADE AS NEEDED BY THE VARIOUS AGENCIES OF THE STATE. THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE MATERIALS AND/OR SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR MATERIALS AND/OR SERVICES FROM OTHER SOURCES. THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE CONTRACTOR AND THE STATE OF NEBRASKA. Originally awarded from NASPO Value Point Contract MNWNC-108 Supply and deliver Computer Equipment (Desktop, Laptop, Tablet, Server and Storage), Peripherals and Related Services, FOB Destination, to the State of Nebraska per the following Contract Information and attached Participating Addendum. Dell Marketing. L.P. NASPO ValuePoint website: <http:/lwww.dell.com/learn/us/en/04/slg/nebraska?c=us&l=en&s=bsd&cs=04> The Dell Marketing, L.P. NASPO ValuePoint website will assist you with contact information, product and service information, product configuration, pricing, how to order. warranty support, etc. The State Purchasing Bureau encourages agencies to contact the designated Inside Sales Representative/Account Representative to learn more about special promotions, and to obtain volume discount quotes. The following configuration limits apply to this contract: Desktop: $10,000 Laptop: $10,000 Tablet: $ 5,000 Server: $500,000 Storage: $500,000 The dollar limits identified above are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 Desktops for a total purchase price of $10,000). The Purchase Order must include the State of Nebraska NASPO ValuePoint Contract #14252 OC and the Dell Marketing, LP. NASPO ValuePoint Master Agreement Number MNWNC-108 and also must include Dell Contract Code WN20AGW. Leasing for State Agencies is outside the scope of the NASPO ValuePoint Agreement and this contract. Political Subdivisions are responsible for processing Purchase Orders directly with the contracted vendor. (For the File: This RFP and Contract are bid and awarded by the State of Minnesota. All backup bids, etc., are retained by the State of Minnesota, Department of Administration, Materiels Management Division.) Grand Island Council Session - 4/9/2019 Page 106 / 254 STATE OF NEBRASKA CONTRACT AMENDMENT PAGE 2 of2 BUSINESS UNIT 9000 VENDOR NUMBER: 3260939 ORDER DATE 01/24/17 BUYER NANCY STORANT AS State Purchasing Bureau 1526 K Street, Suite 130 Lincoln, Nebraska 68508 Telephone: (402) 471-6500 Fax: (402) 471-2089 CONTRACT NUMBER 14252 oc (For the File: The NASPO ValuePoint/Dell Marketing. L.P. Master Price Agreement contract period was effective on April 1, 2015. The NASPO ValuePoinUDell Marketing, L.P. Participating Addendum became effective on October 15, 2015. Vendor Contact: Cyndi Radel Address: One Dell Way, MS RR1-33, Round Rock, TX 78682 Phone: 231-747-9294 Email: Cyndi.Radel@Dell.com (djo 10/13/15) AMENDMENT ONE AS ATTACHED (ss 1/24/17) Line Description 1 DELL COMPUTER EQUIPMENT DESKTOP, LAPTOP, TABLET, Estimated Unit of Quantity Measure 12,100,000.0000 $ Unit Price 1.0000 R..43!;1):llNISMOOO 1 INISMUOU I 701~0~01 Grand Island Council Session - 4/9/2019 Page 107 / 254 PARTICJP.A.TING ADDENDUM NASPO ValuePoint COOPERATIVE PURCHASING PROGRAM Computer Equipment Administered by the State of Minnesota (hereinafter "Lead State") MASTER AGREEMENT Master Agreement No: MNWNC-108 Dell Marketing, L.P. (hereinafter "Contractor") And State of Nebraska (hereinafter "Participating State/Entity") Participating State Contract Number 14252 QC/Dell Contract Code WN20AGW Page 1 of2 THIS AMENDMENT is by and between the State of Nebraska ("Participating State/Entity"), and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. MNWNC-108 to provide Computer Equipment, the State of Nebraska has entered into a Participating Addendum (PA) with the Contractor identified as 14252 OC. WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. The State of Nebraska wishes to continue to take advantage of existing contract. NOW, THEREFORE, it is agreed by the parties to am.end the Contract as follows: Effective January l, 2017 1. CHANGES: The pUipose of this Amendment One is as follows: a. Section 6, Contractor. Of the PA will be deleted and replaced by the following: Name: Cyndi Radel Address: One Dell Way, MS RRI-33, Round Rock, TX 78682 Telephone: 231-7 4 7-9294 e-mail: Cyndi.Radel@dell.com Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Price Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Price Agreement and its exhibits, by any subsequent purchase order or otheiwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum. and the Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. This Addendum applies only in the jurisdiction of the Participating State or Participating Entity which has executed this Addendwn. Grand Island Council Session - 4/9/2019 Page 108 / 254 PARTICIPATING ADDENDUM NASPO ValuePoint COOPERATIVE PURCHASING PROGRAM Computer Equipment Administered by the State of Minnesota (hereinafter "Lead State") MASTER AGREEMENT Master Agreement No: MNWNC-108 Dell Marketing, L.P. (hereinafter "Contractor") And State of Nebraska (hereinafter "Participating State/Entity") Participating State Contract Number 14252 QC/Dell Contract Code WNZOAGW Page 2 of2 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Name: Cynthia B. Radel Title: Contract Program Manager, Legal Date: Date: January 19, 2017 Grand Island Council Session - 4/9/2019 Page 109 / 254 Grand Island Council Session - 4/9/2019 Page 110 / 254 Grand Island Council Session - 4/9/2019 Page 111 / 254 Grand Island Council Session - 4/9/2019 Page 112 / 254 Grand Island Council Session - 4/9/2019 Page 113 / 254 Grand Island Council Session - 4/9/2019 Page 114 / 254 Grand Island Council Session - 4/9/2019 Page 115 / 254 Grand Island Council Session - 4/9/2019 Page 116 / 254 Grand Island Council Session - 4/9/2019 Page 117 / 254 Grand Island Council Session - 4/9/2019 Page 118 / 254 Grand Island Council Session - 4/9/2019 Page 119 / 254 Grand Island Council Session - 4/9/2019 Page 120 / 254 Grand Island Council Session - 4/9/2019 Page 121 / 254 Grand Island Council Session - 4/9/2019 Page 122 / 254 Grand Island Council Session - 4/9/2019 Page 123 / 254 Grand Island Council Session - 4/9/2019 Page 124 / 254 Grand Island Council Session - 4/9/2019 Page 125 / 254 Grand Island Council Session - 4/9/2019 Page 126 / 254 Grand Island Council Session - 4/9/2019 Page 127 / 254 Grand Island Council Session - 4/9/2019 Page 128 / 254 Grand Island Council Session - 4/9/2019 Page 129 / 254 Grand Island Council Session - 4/9/2019 Page 130 / 254 Grand Island Council Session - 4/9/2019 Page 131 / 254 Grand Island Council Session - 4/9/2019 Page 132 / 254 Grand Island Council Session - 4/9/2019 Page 133 / 254 Grand Island Council Session - 4/9/2019 Page 134 / 254 Grand Island Council Session - 4/9/2019 Page 135 / 254 Grand Island Council Session - 4/9/2019 Page 136 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-122 WHEREAS, the Police Department has grant funds and budget authority for the purchase of new laptop computers and docking stations for the Patrol Division vehicle fleet; and WHEREAS, the Police Department has a need to purchase eight Dell Latitude 12 Rugged Extreme laptops and two Dell Havis docking stations; and WHEREAS, the State of Nebraska has a contract, 14252 OC, for the purchase of the Dell laptops and docking stations; and WHEREAS, the cost of eight Dell Latitude 12 Rugged Extreme laptops is $25,074.88 and the cost of two Dell Havis docking stations is $903.62 for a total cost of $25,978.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of eight Dell Latitude 12 Rugged Extreme laptops for $25,074.88 and two Dell Havis docking stations for $903.62 for a total cost of $25,978.50 from Dell, Inc. of Round Rock, Texas is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 137 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-8 #2019-123 - Approving Acquisition of Utility Easement - 1405 W. Koenig - Bosselman Properties, Inc. This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/9/2019 Page 138 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-123 WHEREAS, a public utility easement is required by the City of Grand Island from Bosselman Properties, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power lines and; WHEREAS, a public hearing was held on April 9, 2019, for the purpose of discussing the proposed acquisition of a twenty-two (22.0) foot utility easement located through a part of Fractional Lot Five (5) and Fractional Lot Six (6) Block Twenty-Four (24), together with part of vacated alley and part of vacated Jefferson Street, all in Charles Wasmer’s Addition to the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at the Northwest corner of Lot One (1), Francis Court Subdivision; thence southerly along the westerly line of said Francis Court Subdivision, a distance of two hundred eighty-one and fifty-six hundredths (281.56) feet to a point on the northerly right-of-way line of Charles Street; thence westerly along the northerly line of said Charles Street, a distance of twenty-two (22.0) feet; thence northerly and parallel with the westerly line of said Francis Court Subdivision, a distance of two hundred eighty-one and fifty-six hundredths (281.56) feet to a point on the southerly right-of- way line of Koenig Street; thence easterly along the southerly line of said Koenig Street, a distance of twenty-two (22.0) feet to the Northwest corner of Lot One (1), Francis Court Subdivision being the said Point of Beginning. The above-described easement and right-of-way containing a combined total of .14 acres more or less as shown on the plat dated 3/11/2019, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Bosselman Properties, Inc., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. ___________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 139 / 254 Grand Island Council Session - 4/9/2019 Page 140 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-9 #2019-124 - Approving Acquisition of Utility Easement - 2620 W. Faidley Avenue - Saint Francis Medical Center This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/9/2019 Page 141 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-124 WHEREAS, a public utility easement is required by the City of Grand Island from Saint Francis Medical Center, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power lines and; WHEREAS, a public hearing was held on April 9, 2019, for the purpose of discussing the proposed acquisition of a twenty (20.0) foot utility easement located through a part of Lot One (1), Saint Francis Medical Center Third Subdivision, in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the Southwest corner of Lot One (1), Saint Francis Medical Third Subdivision, in the City of Grand Island, Hall County, Nebraska; thence running along the westerly line of said Lot One (1) on an assumed bearing of N0°58’29”W, a distance of one hundred five and sixty-two hundredths (105.62) feet to the ACTUAL Point of Beginning; thence continuing along the westerly line of said Lot One (1) on a bearing of N0°58’29”W, a distance of twenty-two and forty-eight hundredths (22.48) feet; thence S63°46’59”E, a distance of two hundred nine and eighty-eight hundredths (209.88) feet; thence N89°54’35”E, a distance of one hundred sixty nine and ninety hundredths (169.90) feet; thence N0°16’31”W, a distance of eighty one and sixty-seven hundredths (81.67) feet; thence N89°43’29”E, a distance of twenty (20.0) feet; thence S0°16’31”E, a distance of one hundred sixteen and sixty-eight hundredths (116.68) feet to a point on the southerly line of said Lot One (1); thence running along the southerly line of said Lot One (1), on a bearing of S89°53’23”W, a distance of twenty (20.0) feet; thence N0°16’31”W, a distance of fourteen and ninety-five hundredths (14.95) feet; thence S89°54’35”W, a distance of one hundred seventy-four and sixty-four hundredths (174.64) feet; thence N63°46’59”W, a distance of two hundred four and twenty-eight hundredths (204.28) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.23 acres more or less as shown on the plat dated 2/12/2019, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Saint Francis Medical on the above-described tract of land. - - - Grand Island Council Session - 4/9/2019 Page 142 / 254 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. ________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 143 / 254 Grand Island Council Session - 4/9/2019 Page 144 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-10 #2019-125 - Approving Acquisition of Permanent Utility Easement for Sanitary Sewer District No. 543; Willow Street at 511 Congdon Avenue (Weinrich Development, Inc.) and 515 Congdon Avenue (Galvan) This item relates to the aforementioned Public Hearing item E-7. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/9/2019 Page 145 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-125 WHEREAS, public utility easements are required by the City of Grand Island for the Sanitary Sewer District No. 543; Willow Street, to construct and maintain such project; and WHEREAS, acquisition of the public utility easements is as follows: Property Owner Legal Description Michael Galvan and Marilyn Galvan A PARCEL OF LAND LOCATED IN LOT 9, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; THENCE S60°54'35"W (ASSUMED BEARING) ON THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 18.77 FEET; THENCE N29°35'53"W, A DISTANCE OF 20.00 FEET; THENCE N60°54'35"E, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 18.81 FEET TO THE EAST LINE SAID LOT 9; THENCE S29°27'47"E ON SAID EAST LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 375 SQUARE FEET, MORE OR LESS. Weinrich Development, Inc. A PARCEL OF LAND LOCATED IN LOT 10, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; THENCE S60°54'35"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 10, A DISTANCE OF 18.77 FEET; THENCE S29°35'53"E, A DISTANCE OF 112.56 FEET TO THE SOUTH LINE OF SAID LOT 10; THENCE N60°47'43"E ON SAID SOUTH LINE, A DISTANCE OF 18.67 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10; THENCE N29°32'58"W ON THE EAST LINE OF SAID LOT 10, A DISTANCE OF 112.53 FEET TO THE POINT OF BEGINNING, CONTAINING 2,106 SQUARE FEET, MORE OR LESS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such public utility easements from the listed property owners, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 146 / 254 WILLOW STREET 4 TH S T R E E T 7TH STREETWILLOW SANITARY SEWER DISTRICT GRAND ISLAND, NEBRASKAPERMANENT EASEMENTS EXHIBITGrand IslandCouncil Session - 4/9/2019Page 147 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-11 #2019-126 - Approving Temporary Construction Easement for Sanitary Sewer District No. 543; Willow Street at 511 Congdon Avenue (Weinrich Development, Inc.), 515 Congdon Avenue (Galvan), and 611 Willow Street (JH Holdings, Inc.) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/9/2019 Page 148 / 254 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 9, 2019 Subject:Approving Temporary Construction Easement for Sanitary Sewer District No. 543; Willow Street at 511 Congdon Avenue (Weinrich Development, Inc.), 515 Congdon Avenue (Galvan), and 611 Willow Street (JH Holdings, Inc.) Presenter(s):John Collins PE, Public Works Director Background Sanitary Sewer District No. 543 was continued by City Council through Resolution No. 2019-88 at their March 12, 2019 meeting. Temporary Construction easements are needed to accommodate the extension of sanitary sewer to serve an area previously unserved that is located north of 4th Street, east of Congdon Avenue (see attached sketch), which must be approved by City Council. The temporary construction easements will allow for the installation of sanitary sewer to this area. A sketch is attached to show the temporary construction easement areas. Discussion Temporary construction easements are needed from three (3) property owners for Sanitary Sewer District No. 543; Willow Street to be constructed. There is no cost for temporary use of such property has been agreed upon between the City and the property owners. Property Owner Legal Description Michael Galvan and Marilyn Galvan A PARCEL OF LAND LOCATED IN LOT 9, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF LOT 9, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND Grand Island Council Session - 4/9/2019 Page 149 / 254 ISLAND, HALL COUNTY, NEBRASKA; THENCE S60°54'35"W (ASSUMED BEARING) ON THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 18.77 FEET TO THE POINT OF BEGINNING; THENCE N29°35'53"W, A DISTANCE OF 20.00 FEET; THENCE S60°54'35"W, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 50.00 FEET; THENCE S29°35'53"E, A DISTANCE OF 20.00 FEET TO SAID SOUTH LINE; THENCE N60°54'35"E ON SAID SOUTH LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1,000 SQUARE FEET, MORE OR LESS. Weinrich Development, Inc. A PARCEL OF LAND LOCATED IN LOT 10, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF LOT 10, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; THENCE S60°54'35"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 10, A DISTANCE OF 18.77 FEET TO THE POINT OF BEGINNING; THENCE S29°35'53"E, A DISTANCE OF 112.56 FEET TO THE SOUTH LINE OF SAID LOT 10; THENCE S60°47'43"W ON SAID SOUTH LINE, A DISTANCE OF 50.00 FEET; THENCE N29°35'53"W, A DISTANCE OF 112.66 FEET TO SAID NORTH LINE; THENCE N60°54'35"E ON SAID NORTH LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5,631 SQUARE FEET, MORE OR LESS. JH Holdings, Inc. A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN PART OF LOT TWO (2), COTTAGE GROVE THIRD SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCIRBED AS FOLLOWS: THE NORTHERLY 20.00 FEET OF SAID LOT TWO (2), COTTAGE GROVE THIRD SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM AN EXISTING UTILITY EASEMENT MORE PARTICULARY DESCRIBED IN INSTRUMENT #201104830 AS RECORDED IN THE HALL COUNTY REGISTER OF DEEDS OFFICE, HALL COUNTY, NEBRASKA. SAID TEMPORARY EASEMENT CONTAINS A CALCULATED AREA OF 3902.66 SQUARE FEET OR 0.09 ACRES, MORE OR LESS. 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 - 4/9/2019 Page 150 / 254 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 Temporary Construction Easements between the City of Grand Island and the affected property owners for Sanitary Sewer District No. 543; Willow Street. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 4/9/2019 Page 151 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-126 WHEREAS, temporary construction easements are required by the City of Grand Island for the Sanitary Sewer District No. 543; Willow Street, to construct such project; and WHEREAS, acquisition of the temporary easements is as follows: Property Owner Legal Description Michael Galvan and Marilyn Galvan A PARCEL OF LAND LOCATED IN LOT 9, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF LOT 9, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; THENCE S60°54'35"W (ASSUMED BEARING) ON THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 18.77 FEET TO THE POINT OF BEGINNING; THENCE N29°35'53"W, A DISTANCE OF 20.00 FEET; THENCE S60°54'35"W, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 50.00 FEET; THENCE S29°35'53"E, A DISTANCE OF 20.00 FEET TO SAID SOUTH LINE; THENCE N60°54'35"E ON SAID SOUTH LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1,000 SQUARE FEET, MORE OR LESS. Weinrich Development, Inc. A PARCEL OF LAND LOCATED IN LOT 10, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF LOT 10, LAMBERT'S SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; THENCE S60°54'35"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 10, A DISTANCE OF 18.77 FEET TO THE POINT OF BEGINNING; THENCE S29°35'53"E, A DISTANCE OF 112.56 FEET TO THE SOUTH LINE OF SAID LOT 10; THENCE S60°47'43"W ON SAID SOUTH LINE, A DISTANCE OF 50.00 FEET; THENCE N29°35'53"W, A DISTANCE OF 112.66 FEET TO SAID NORTH LINE; THENCE N60°54'35"E ON SAID NORTH LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5,631 SQUARE FEET, MORE OR LESS. JH Holdings, Inc. A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN PART OF LOT TWO (2), COTTAGE GROVE THIRD SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCIRBED AS FOLLOWS: THE NORTHERLY 20.00 FEET OF SAID LOT TWO (2), COTTAGE GROVE THIRD SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM AN EXISTING UTILITY EASEMENT MORE PARTICULARY DESCRIBED IN INSTRUMENT #201104830 AS RECORDED IN THE HALL COUNTY REGISTER OF Grand Island Council Session - 4/9/2019 Page 152 / 254 - 2 - DEEDS OFFICE, HALL COUNTY, NEBRASKA. SAID TEMPORARY EASEMENT CONTAINS A CALCULATED AREA OF 3902.66 SQUARE FEET OR 0.09 ACRES, MORE OR LESS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such temporary easements from the listed property owners, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 153 / 254 WILLOW STREET 4 TH S T R E E T 7TH STREETWILLOW SANITARY SEWER DISTRICT GRAND ISLAND, NEBRASKATEMPORARY EASEMENTS EXHIBITGrand IslandCouncil Session - 4/9/2019Page 154 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-12 #2019-127 - Approving Berkshire Hathaway Home Services Da-Ly Realty for Real Estate Broker Services for the Sale of 3231 West Schimmer Drive (Parcel No. 400401746) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/9/2019 Page 155 / 254 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:April 9, 2019 Subject:Approving Berkshire Hathaway Home Services Da-Ly Realty for Real Estate Broker Services for the Sale of 3231 West Schimmer Drive (Parcel No. 400401746) Presenter(s):John Collins PE, Public Works Director Background A Request for Qualifications (RFQ) for real estate broker services at 3231 West Schimmer Drive (Parcel No. 400401746) was advertised in the Grand Island Independent on February 10, 2019. The RFQ was also sent to seven (7) real estate broker firms by Public Works Administration. Discussion Two (2) submittals were received and opened on March 5, 2019. The submittal received from Tracy Babcock of Berkshire Hathaway Home Services Da- Ly Realty of Grand Island, Nebraska was scored as the top firm, based on the established selection criteria listed in the Request for Qualifications. Ms. Babock and her firm have experience in the marketing and sale of commercial/industrial properties in the Grand Island area. Public Works Administration recommends the execution of the listing agreement with Berkshire Hathaway Home Services Da-Ly Realty by the Mayor for the property at 3231 West Schimmer Drive. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 4/9/2019 Page 156 / 254 Recommendation City Administration recommends that the Council approve the execution of the listing agreement with Berkshire Hathaway Home Services Da-Ly Realty of Grand Island, Nebraska by the Mayor for the property at 3231 West Schimmer Drive. Sample Motion Move to approve the resolution. Grand Island Council Session - 4/9/2019 Page 157 / 254 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR REAL ESTATE BROKER SERVICES FOR 3231 WEST SCHIMMER DRIVE RFP DUE DATE:March 5, 2019 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:February 10, 2019 NO. POTENTIAL BIDDERS:7 PROPOSALS RECEIVED Berkshire Hathaway HomeServices Da-Ly Realty Century 21 – Premier Home Sales Tracy Babcock-Realtor, Associate Broker Zachary Z. Zoul – Owner/Broker Grand Island, NE Grand Island, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Brent Clark, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent P2109 Grand Island Council Session - 4/9/2019 Page 158 / 254 Grand Island Council Session - 4/9/2019 Page 159 / 254 Grand Island Council Session - 4/9/2019 Page 160 / 254 Grand Island Council Session - 4/9/2019 Page 161 / 254 Grand Island Council Session - 4/9/2019 Page 162 / 254 Grand Island Council Session - 4/9/2019 Page 163 / 254 Grand Island Council Session - 4/9/2019 Page 164 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-127 WHEREAS, the City of Grand Island invited submittals for Real Estate Broker Services for the sale of 3231 West Schimmer Drive, according to the Request for Qualifications (RFQ) on file with the Administration Division of the Public Works Department; and WHEREAS, on March 5, 2019, submittals were received, reviewed and evaluated in accordance with established criteria in the RFQ; and WHEREAS, Berkshire Hathaway Home Services Da-Ly Realty of Grand Island, Nebraska submitted qualifications in accordance with the terms of the Request for Qualifications and all statutory requirements contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the listing agreement from Berkshire Hathaway Home Services Da-Ly Realty of Grand Island, Nebraska 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, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 165 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-13 #2019-128 - Approving Bid Award for Curb Ramp Project No. 2019-CR-2 CDBG Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/9/2019 Page 166 / 254 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 9, 2019 Subject:Approving Bid Award for Curb Ramp Project No. 2018- CR-2 CDBG Presenter(s):John Collins PE, Public Works Director Background On March 13, 2019 the Engineering Division of the Public Works Department advertised for bids for the second curb ramp project, known as Curb Ramp Project No. 2019-CR-2 CDBG. Such project will improve curb ramps at various intersections in the City. This project is partially funded by a Community Development Block Grant (CDBG) in the amount of $145,500.00, of which $11,000.00 will go towards Public Works engineering efforts and the remainder of $134,500.00 to construction. The City is required to have a planned schedule for upgrading public sidewalk ramps to conform to American with Disabilities Act (ADA) standards. Discussion Two (2) bids were received and opened on March 28, 2019. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. BIDDER EXCEPTIONS BID PRICE Galvan Construction, Inc. of Grand Island, NE None $152,212.00* The Diamond Engineering Co. of Grand Island, NE None $188,236.20 *corrected bid Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 4/9/2019 Page 167 / 254 Recommendation City Administration recommends that the Council approve the bid award to the low compliant bidder, Galvan Construction, Inc. of Grand Island, Nebraska in the amount of $152,212.00. Sample Motion Move to approve the bid award. Grand Island Council Session - 4/9/2019 Page 168 / 254 CURB RAMP LOCATIONSGRAND ISLAND, NEBRASKA2019 CR-2 CDBG EXHIBITGrand IslandCouncil Session - 4/9/2019Page 169 / 254 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:March 28, 2019 at 2:00 p.m. FOR:Curb Ramp Project No. 2019-CR-2 CDBG DEPARTMENT:Public Works ESTIMATE:$180,000.00 FUND/ACCOUNT:21000001-2100-40004 PUBLICATION DATE:March 13, 2019 NO. POTENTIAL BIDDERS:11 SUMMARY Bidder:Diamond Engineering Co.Galvan Construction, Inc. Grand Island, NE Grand Island, NE Bid Security:Universal Surety Co.Western Surety Co. Exceptions:None None Bid Price: Section A:$155,815.30 $124,538.68 Section B:$ 3,368.30 $ 3,752.35 Section C:$ 15,216.80 $ 12,922.00 Section D:$ 13,835.80 $ 10,999.00 Total Bid:$188,236.20 $152,212.03 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Brent Clark, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, PW Engineer P2119 Grand Island Council Session - 4/9/2019 Page 170 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-128 WHEREAS, the City of Grand Island invited sealed bids for Curb Ramp Project 2019-CR-2 CDBG, according to plans and specifications on file with the Public Works Department; and WHEREAS, on March 28, 2019 bids were received, opened, and reviewed; and WHEREAS, Galvan Construction, 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 $152,212.00; and WHEREAS, Galvan Construction, Inc.’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Galvan Construction, Inc. of Grand Island, Nebraska in the amount of $152,212.00 for Curb Ramp Project 2019-CR-2 CDBG is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 171 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-14 #2019-129 - Approving Bid Award for Curb Ramp Project No. 2019-CR-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/9/2019 Page 172 / 254 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 9, 2019 Subject:Approving Bid Award for Curb Ramp Project No. 2019- CR-1 Presenter(s):John Collins PE, Public Works Director Background On March 3, 2019 the Engineering Division of the Public Works Department advertised for bids for the construction of curb ramps at various intersections in the City. The City is required to have a planned schedule for upgrading public sidewalk ramps to conform to American with Disabilities Act (ADA) standards. The attached map shows the locations for this year’s work. Discussion Three (3) bids were received and opened on March 21, 2019. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. BIDDER EXCEPTIONS BID PRICE The Diamond Engineering Co., Grand Island, NE None $119,098.00 Galvan Construction of Grand Island, NE None $133,026.80 Van Kirk Bros. Contracting of Sutton, NE None $178,618.50 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 4/9/2019 Page 173 / 254 Recommendation City Administration recommends that the Council approve the bid award to the low compliant bidder, The Diamond Engineering Company of Grand Island, Nebraska in the amount of $119,098.00. Sample Motion Move to approve the bid award. 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POTENTIAL BIDDERS:11 SUMMARY Bidder:Diamond Engineering Co.Bidder:Galvan Construction Grand Island, NE Grand Island, NE Bid Security:Universal Surety Company Bid Security:Western Surety Company Exceptions:None Exceptions:None Bid Price:$119,098.00 Bid Price:$133,026.80 Bidder:Van Kirk Bros. Contracting Sutton, NE Bid Security:Universal Surety Company Exceptions:None Bid Price:$178,618.50 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Brent Clark, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, PW Engineer P2118 Grand Island Council Session - 4/9/2019 Page 176 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-129 WHEREAS, the City of Grand Island invited sealed bids for Curb Ramp Project 2019-CR-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on March 21, 2019 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $119,098.00; and WHEREAS, The Diamond Engineering Company’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $119,098.00 for Curb Ramp Project 2019- CR-1 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 177 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-15 #2019-130 - Approving Agreement for Traffic Engineering Services – Traffic Study Various Locations Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/9/2019 Page 178 / 254 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 9, 2019 Subject:Approving Agreement for Traffic Engineering Services– Traffic Study Various Locations Presenter(s):John Collins PE, Public Works Director Background A Request for Qualifications (RFQ) for Traffic Engineering Services - Traffic Study Various Locations was advertised in the Grand Island Independent on September 8, 2018. The RFQ was also sent to eighteen (18) potential firms by the Engineering Division of the Public Works Department. To accommodate both vehicle and pedestrian performance this traffic study will look at operating conditions at several locations in town; US Highway 30 and Lincoln Avenue, Louise Street and Blaine Street, Anna Street and Eddy Street 4-way stop/flashing beacon evaluation, as well as other areas that become known as the study progresses. Discussion Two (2) submittals were received on September 25, 2018, with evaluation of each by Public Work staff based on established criteria in the RFP. Olsson, Inc. of Lincoln, Nebraska was selected as the best qualified firm to perform the requested services. An agreement was negotiated for the services to be performed at actual costs with a maximum amount of $55,285.59. It is anticipated that all work will be completed before the end of this fiscal year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 4/9/2019 Page 179 / 254 Recommendation City Administration recommends that the Council approve the agreement with Olsson, Inc. of Lincoln, Nebraska for the 2019 Traffic Engineering Services - Traffic Study Various Locations project with services to be performed at actual costs at a maximum amount of $55,285.59. Sample Motion Move to approve the agreement. Grand Island Council Session - 4/9/2019 Page 180 / 254 Page 1 of 2 LETTER AGREEMENT FOR PROFESSIONAL SERVICES March 20, 2019 City of Grand Island, Nebraska Attn: Keith Kurz, P.E. Assistant Public Work Director - Engineering P.O. Box 1968 Grand Island, Nebraska 68802-1968 Re: LETTER AGREEMENT FOR PROFESSIONAL SERVICES 2019 CIP Project 4 (the “Project”) Grand Island, Nebraska Dear Mr. Kurz: It is our understanding that the City of Grand Island, Nebraska (“Client”) requests Olsson, Inc. (“Olsson”) to perform the services described herein pursuant to the terms of this Letter Agreement for Professional Services, Olsson’s General Provisions and any exhibits attached hereto (all documents constitute and are referred to herein as the “Agreement”) for the Project. Olsson has acquainted itself with the information provided by Client relative to the Project and based upon such information offers to provide the services described below for the Project. Client warrants that it is either the legal owner of the property to be improved by this Project or that Client is acting as the duly authorized agent of the legal owner of such property. Client acknowledges that it has reviewed the General Provisions and any exhibits attached hereto, which are expressly made a part of and incorporated into the Agreement by this reference. In the event of any conflict or inconsistency between this Letter Agreement, and the General Provisions regarding the services to be performed by Olsson, the terms of the General Provisions shall take precedence. Olsson shall provide the following services (“Scope of Services”) to Client for the Project as more specifically described in “Scope of Services” attached hereto. 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. SCHEDULE FOR OLSSON’S SERVICES See Attached Exhibit A. Grand Island Council Session - 4/9/2019 Page 181 / 254 Page 2 of 2 COMPENSATION Client shall pay to Olsson for the performance of the Scope of Services a fixed fee of Fifty-Five Thousand, Two Hundred Eighty-Five Dollars and Fifty-Nine Cents ($55,285.59). Olsson’s reimbursable expenses for this Project are included in the fixed fee. Olsson shall submit invoices on a monthly basis and payment is due within 30 calendar days of invoice date. 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 Keith Kurz . 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. OLSSON, INC. By __________________________________ By __________________________________ Shane King, PE, PTOE Justin Petersen, PE, PTOE Vice President Vice President 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, NEBRASKA By _______________________________ Signature Print Name _________________________ Title _______________________________ Dated _________________________ Attachments Scope of Services Exhibit A – Work Schedule Exhibit B – Fee Estimate General Provisions G:\Lincoln\Admin\LETPROP\TFTC\2019\Grand Island\Traffic Engineering Study On-Call - 2019 CIP Project 4\Letter Agreement.docx Grand Island Council Session - 4/9/2019 Page 182 / 254 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 March 20, 2019 between the City of Grand Island, Nebraska (“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 Description: 2019 CIP Project 4 Project Location: Grand Island, Nebraska SCOPE OF SERVICES Olsson shall provide the following services (Scope of Services) to Client for the Project: Phase 100 – Anna and Eddy Study Task 1 – Project Management. Project management and technical oversight of the project, by the Consultant, will be provided throughout the duration of the contract. This task includes necessary modifications to the project work plan and schedule based on discussion with City staff and on-going project needs. The Consultant project manager will serve as point of contact, maintain project schedule and budget, and be responsible for coordinating work of subconsultants. The Consultant project manager will maintain frequent and effective communication with the City of Grand Island project manager. Monthly progress reports and invoices will be prepared documenting project progress, issues encountered, corrective strategies and planned work for the next month. Quality control will be conducted throughout the project and prior to submittal of all project deliverables. Task 2 – Kick-Off Meeting (1). Once notice to proceed has been received, the Consultant will schedule, coordinate, and attend a kick-off meeting with City of Grand Island, and other project stakeholders as identified by the City of Grand Island. The Consultant project manager will develop and distribute meeting agendas at least 48 hours prior to all progress/review meetings. The Consultant will prepare and distribute meeting minutes within seven (7) days of the meeting. The meeting will occur at the City of Grand Island offices. Scope assumes joint kick-off meeting for all three phases. See Phase 200 for meeting hours. Task 3 – Review Meetings (1). The Consultant will participate in one meeting with the City of Grand Island upon the completion of the Draft Study to review the results of the traffic analysis and draft recommendations. The Consultant project manager will develop and distribute meeting agendas at least 48 hours prior to all progress/review meetings. The Consultant will prepare and distribute meeting minutes within seven (7) days of the meeting. The meeting will occur at the City of Grand Island offices. Scope assumes joint review meeting for all three phases. See Phase 200 for meeting hours. Grand Island Council Session - 4/9/2019 Page 183 / 254 Page 2 of 7 Task 4 - Data Collection. Olsson will collect weekday turning movement counts (6:30 AM to 6:30 PM), including pedestrians and bicyclists at the crosswalks and on-street bicyclists, at the study intersections: • Anna Street & Eddy Street (existing 4-way stop w/ flashing beacon) • Anna Street & Adams Street (existing 2-way stop) A request will be made to the City of Grand Island for a 3-year crash history at the study intersections. In addition, the most recent aerial imagery will be requested from the City of Grand Island for use during concept design. The data collection will include a site visit by a Traffic Engineer to document intersection geometry, witness peak traffic conditions when normal vehicular and pedestrian movements are expected during the school year and document physical restraints that may impact proposed recommendations. Task 5 - Existing Conditions Analysis. Intersection capacity analysis will be performed for the study intersections based on existing traffic volumes and intersection geometrics / characteristics. This step will identify current delays and vehicle queues. Analysis will be conducted for weekday peak hours. The analyses will be performed in accordance with the Highway Capacity Manual 6th Edition (HCM) methodologies using Synchro 10.0. Intersection Level of Service (LOS) results will be evaluated and any deficiencies in existing lane configurations noted. A crash summary will also be prepared to identify existing patterns, including crash pattern diagrams, that may require mitigation. Task 6 – Traffic Control Evaluation. Traffic signal warrants provided in the Manual on Uniform Traffic Control Devices (2009 Edition) will be evaluated at the study intersections using existing traffic volumes. Traffic signal warrants to be evaluated shall include the following: • Warrant 1: Eight-Hour Vehicular Volume Warrant • Warrant 2: Four-Hour Vehicular Volume Warrant • Warrant 3: Peak-Hour Vehicular Volume Warrant • Warrant 4: Pedestrian Volume A multiway stop evaluation will be completed for both intersections to confirm if this application is appropriate at either intersection. In addition, if requested by the Client, an evaluation of a roundabout at the study intersection(s) can be conducted. Task 7 - Geometrics / Pedestrian and Bicycle Evaluation. Based on turning movement volumes at the study intersections, turn lane storage bay requirements for queued turning vehicles will be evaluated per applicable design criteria. In addition, a pedestrian and bicycle evaluation of the intersections will be completed. As part of this analysis, recommendations for potential intersection treatments to improve the safety for pedestrians and bicyclist using the study intersections will be provided. Task 8 - Develop Recommendations. Based on analysis results, City policies, design standards, and engineering judgment, recommendations will be made to mitigate noted Grand Island Council Session - 4/9/2019 Page 184 / 254 Page 3 of 7 concerns at the study intersections and to provide safe and acceptable traffic/bike/pedestrian operations within the study area. Pending results, these recommendations may or may not include geometrics changes, changes to intersection traffic control, relocation of pedestrian treatments and/or multiple recommendations in order of preference. Task 9 - Study Documentation. A complete traffic report will document the study process and be accompanied by the concept designs with supporting documentation. It will detail the tasks performed and the resulting impacts. A draft version will be produced for City review. A final report will incorporate review comments. Task 10 – Concept Design. The Consultant will develop and evaluate recommended improvements to determine the most efficient and effective design as well as identify costs associated with any improvements. The intersection concepts shall be reviewed and evaluated with respect to vehicular and pedestrian movement, safety, impacts to adjacent property and environmental concerns. The design will be concept in nature but provide enough detail to make a determination on right-of-way needs, impacts to access, and allow for the development of planning level cost estimates for each alternative. No final engineering drawings will be produced by this contract. Phase 200 – Highway 30 and Lincoln Avenue Intersection Study Task 1 – Project Management. Project management and technical oversight of the project, by the Consultant, will be provided throughout the duration of the contract. This task includes necessary modifications to the project work plan and schedule based on discussion with City staff and on-going project needs. The Consultant project manager will serve as point of contact, maintain project schedule and budget, and be responsible for coordinating work of subconsultants. The Consultant project manager will maintain frequent and effective communication with the City of Grand Island project manager. Monthly progress reports and invoices will be prepared documenting project progress, issues encountered, corrective strategies and planned work for the next month. Quality control will be conducted throughout the project and prior to submittal of all project deliverables. Task 2 – Kick-Off Meeting (1). Once notice to proceed has been received, the Consultant will schedule, coordinate, and attend a kick-off meeting with City of Grand Island, Nebraska Department of Transportation (NDOT), and other project stakeholders as identified by the City of Grand Island. The Consultant project manager will develop and distribute meeting agendas at least 48 hours prior to all progress/review meetings. The Consultant will prepare and distribute meeting minutes within seven (7) days of the meeting. The meeting will occur at the City of Grand Island offices. Scope assumes joint kick-off meeting for all three phases. Task 3 – Review Meetings (1). The Consultant will participate in one meeting with the City of Grand Island and NDOT upon the completion of the Draft Study to review the results of the traffic analysis and draft recommendations. The Consultant project manager will develop and distribute meeting agendas at least 48 hours prior to all progress/review meetings. The Consultant will prepare and distribute meeting minutes within seven (7) days of the meeting. The meeting will occur at the City of Grand Island offices. Scope assumes joint review meeting for all three phases. Grand Island Council Session - 4/9/2019 Page 185 / 254 Page 4 of 7 Task 4 - Data Collection. Olsson will collect weekday turning movement counts (6:30 AM to 6:30 PM), including pedestrians and bicyclists at the crosswalks and on-street bicyclists, at the study intersections: • Hwy 30 & Lincoln Avenue • Hwy 30 & Washington Street A request will be made to the City of Grand Island for a 3-year crash history at the study intersections. In addition, the most recent aerial imagery will be requested from the City of Grand Island for use during concept design. The data collection will include a site visit by a Traffic Engineer to document intersection geometry, witness peak traffic conditions when normal pedestrian movements are expected in the vicinity of the City Library and, review City Library circulation patterns and document physical restraints that may impact proposed recommendations. Task 5 - Existing Conditions Analysis. Intersection capacity analysis will be performed for the study intersections based on existing traffic volumes and intersection geometrics / characteristics. This step will identify current delays and vehicle queues. Analysis will be conducted for weekday peak hours. The analyses will be performed in accordance with the Highway Capacity Manual 6th Edition (HCM) methodologies using Synchro 10.0. Intersection Level of Service (LOS) results will be evaluated and any deficiencies in existing lane configurations noted. A crash summary will also be prepared to identify existing patterns, including crash pattern diagrams, that may require mitigation. Task 6 – Traffic Control Evaluation. Traffic signal warrants provided in the Manual on Uniform Traffic Control Devices (2009 Edition) will be evaluated at the study intersections using existing traffic volumes. Traffic signal warrants to be evaluated shall include the following: • Warrant 1: Eight-Hour Vehicular Volume Warrant • Warrant 2: Four-Hour Vehicular Volume Warrant • Warrant 3: Peak-Hour Vehicular Volume Warrant • Warrant 4: Pedestrian Volume In addition, if requested by the Client, an evaluation of a roundabout at the study intersection(s) can be conducted. Task 7 - Geometrics / Pedestrian and Bicycle Evaluation. Based on turning movement volumes at the study intersections, turn lane storage bay requirements for queued turning vehicles will be evaluated per applicable design criteria. In addition, a pedestrian and bicycle evaluation of the intersections will be completed. As part of this analysis, recommendations for potential intersection treatments to improve the safety for pedestrians and bicyclist using the study intersections will be provided. Task 8 - Develop Recommendations. Based on analysis results, City and NDOT policies, design standards, and engineering judgment, recommendations will be made to mitigate noted concerns at the study intersections and to provide safe and acceptable traffic/bike/pedestrian operations within the study area. Pending results, these recommendations may or may not Grand Island Council Session - 4/9/2019 Page 186 / 254 Page 5 of 7 include roadway realignment, changes to intersection traffic control, relocation of pedestrian treatments and/or multiple recommendations in order of preference. Task 9 - Study Documentation. A complete traffic report will document the study process and be accompanied by the concept designs with supporting documentation. It will detail the tasks performed and the resulting impacts. A draft version will be produced for City and NDOT review. A final report will incorporate review comments. Task 10 – Concept Design. The Consultant will develop and evaluate recommended improvements to determine the most efficient and effective design as well as identify costs associated with any improvements. The intersection concepts shall be reviewed and evaluated with respect to vehicular and pedestrian movement, safety, impacts to adjacent property and environmental concerns. The design will be concept in nature but provide enough detail to make a determination on right-of-way needs, impacts to access, and allow for the development of planning level cost estimates for each alternative. No final engineering drawings will be produced by this contract. Phase 300 – Louise and Blaine Street Pedestrian Study Task 1 – Project Management. Project management and technical oversight of the project, by the Consultant, will be provided throughout the duration of the contract. This task includes necessary modifications to the project work plan and schedule based on discussion with City staff and on-going project needs. The Consultant project manager will serve as point of contact, maintain project schedule and budget, and be responsible for coordinating work of subconsultants. The Consultant project manager will maintain frequent and effective communication with the City of Grand Island project manager. Monthly progress reports and invoices will be prepared documenting project progress, issues encountered, corrective strategies and planned work for the next month. Quality control will be conducted throughout the project and prior to submittal of all project deliverables. Task 2– Kick-Off Meeting (1). Once notice to proceed has been received, the Consultant will schedule, coordinate, and attend a kick-off meeting with City of Grand Island and other project stakeholders as identified by the City of Grand Island. The Consultant project manager will develop and distribute meeting agendas at least 48 hours prior to all progress/review meetings. The Consultant will prepare and distribute meeting minutes within seven (7) days of the meeting. The meeting will occur at the City of Grand Island offices. Scope assumes joint kick-off meeting for all three phases. See Phase 200 for meeting hours. Task 3 – Review Meetings (1). The Consultant will participate in one meeting with the City of Grand Island upon the completion of the Draft Study to review the results of the traffic analysis and draft recommendations. The Consultant project manager will develop and distribute meeting agendas at least 48 hours prior to all progress/review meetings. The Consultant will prepare and distribute meeting minutes within seven (7) days of the meeting. The meeting will occur at the City of Grand Island offices. Scope assumes joint review meeting for all three phases. See Phase 200 for meeting hours. Task 4 - Data Collection. Olsson will collect weekday turning movement counts (6:30 AM to 6:30 PM), including pedestrians and bicyclists at the crosswalks and on-street bicyclists, at the study intersections: Grand Island Council Session - 4/9/2019 Page 187 / 254 Page 6 of 7 • Louise Street & Blaine Street • Charles Street / Ingalls Street & Louise Street • Charles Street & Blaine Street • John Street & Blaine Street A request will be made to the City of Grand Island for a 3-year crash history at the study intersections. In addition, the most recent aerial imagery will be requested from the City of Grand Island for use during concept design. The data collection will include a site visit by a Traffic Engineer to document intersection geometry, witness peak traffic conditions when normal pedestrian movements are expected in the vicinity of the adjacent Gates Elementary School, review ingress and egress circulation patterns around the school and document physical restraints that may impact proposed recommendations. Additionally, based on Client preference, a one on one meeting with school leadership is recommended to understand their thoughts on pedestrian safety and existing pedestrian flow patterns both before and after school. If a school route plan exists for the elementary school district boundary it will be requested in this meeting. Task 5 - Existing Conditions Analysis. Intersection capacity analysis will be performed for the study intersections based on existing traffic volumes and intersection geometrics / characteristics. This step will identify current delays and vehicle queues. Analysis will be conducted for weekday peak hours. The analyses will be performed in accordance with the Highway Capacity Manual 6th Edition (HCM) methodologies using Synchro 10.0. Intersection Level of Service (LOS) results will be evaluated and any deficiencies in existing lane configurations noted. A crash summary will also be prepared to identify existing patterns, including crash pattern diagrams, that may require mitigation. Task 6 Traffic Control Evaluation. Traffic signal warrants provided in the Manual on Uniform Traffic Control Devices (2009 Edition) will be evaluated at the study intersections using existing traffic volumes. Traffic signal warrants to be evaluated shall include the following: • Warrant 1: Eight-Hour Vehicular Volume Warrant • Warrant 2: Four-Hour Vehicular Volume Warrant • Warrant 3: Peak-Hour Vehicular Volume Warrant • Warrant 4: Pedestrian Volume • Warrant 5: School Crossing As part of this task, warrants for alternate mid-block locations will potentially be completed. Task 7 - Pedestrian Evaluation. Based on vehicle turning movement and pedestrian volumes at study intersections, a pedestrian and bicycle evaluation of the intersections will be completed. As part of this analysis, recommendations for potential alternate crossing locations to improve the safety for pedestrians and bicyclists using the crossing will be provided. This task will include a school route plan for the streets surrounding the school and evaluate all existing signage for conformance with the MUTCD. Grand Island Council Session - 4/9/2019 Page 188 / 254 Page 7 of 7 Task 8 - Develop Recommendations. Based on analysis results, City policies, design standards, and engineering judgment, recommendations will be made to mitigate noted concerns at the study intersections and to provide safe and acceptable traffic/bike/pedestrian operations within the study area. Pending results, these recommendations may or may not include changes to intersection traffic control, type of pedestrian treatment, relocation of pedestrian treatments and/or multiple recommendations in order of preference. Task 9 - Study Documentation. A complete traffic report will document the study process and be accompanied by the concept designs with supporting documentation. It will detail the tasks performed and the resulting impacts. A draft version will be produced for City review. A final report will incorporate review comments. Task 10 – Concept Design. The Consultant will develop and evaluate recommended improvements to determine the most efficient and effective design as well as identify costs associated with any improvements. The concepts shall be reviewed and evaluated with respect to vehicular and pedestrian movement, safety, impacts to adjacent property and environmental concerns. The design will be concept in nature but provide enough detail to make a determination on right-of-way needs, impacts to access, and allow for the development of planning level cost estimates for each alternative. No final engineering drawings will be produced by this contract. 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. Grand Island Council Session - 4/9/2019 Page 189 / 254 Appendix A APPENDIX A - WORK SCHEDULE Owner: City of Grand Island, Nebraska Engineer: Olsson Project: 2019 CIP Project 4 TIME OF PERFORMANCE (Anna & Eddy) Service performed under this agreement will be completed according to the following schedule. Notice to Proceed: April 5, 2019 Kickoff Meeting: April 9, 2019 Data Collection: April 16, 2019 Draft Submittal: July 26, 2019 Review Meeting: August 7, 2019 Final Submittal: August 30, 2019 TIME OF PERFORMANCE (Hwy 30 & Lincoln) Service performed under this agreement will be completed according to the following schedule. Notice to Proceed: April 5, 2019 Kickoff Meeting: April 9, 2019 Data Collection: June 11, 2019 Draft Submittal: September 27, 2019 Review Meeting: October 9, 2019 Final Submittal: October 25, 2019 TIME OF PERFORMANCE (Louise & Blaine) Service performed under this agreement will be completed according to the following schedule. Notice to Proceed: April 5, 2019 Kickoff Meeting: April 9, 2019 Data Collection: April 16, 2019 Draft Submittal: July 26, 2019 Review Meeting: August 7, 2019 Final Submittal: August 30, 2019 Grand Island Council Session - 4/9/2019 Page 190 / 254 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 March 20, 2019 between City of Grand Island, Nebraska (“Client”) and Olsson, 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. 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. Grand Island Council Session - 4/9/2019 Page 191 / 254 Page 2 of 8 19-3868.01 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. 3.4.7 All fees and other amounts payable by Client under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Client is responsible and liable for all sales, service, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, county or local governmental authority on any amounts payable by Client under this Agreement, other than any taxes imposed on Olsson’s income. In the event any governmental authority assesses Olsson for taxes, duties, or charges of any kind in connection with Scope of Services provided by Olsson to Client, Olsson shall be entitled to submit an invoice to Client, its successors or assigns, for the amount of said assessment and related interest and penalties. Client shall pay such invoice in accordance with Olsson’s standard payment terms. 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. 3.8.4 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 Grand Island Council Session - 4/9/2019 Page 192 / 254 Page 3 of 8 19-3868.01 harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to such actions and services. 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 the material has been removed or rendered harmless and only after approval, if necessary of the government agency with jurisdiction. 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 “Opinion of Probable Cost”: 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 observation services does not constitute a warranty or guarantee of any type, since even with Grand Island Council Session - 4/9/2019 Page 193 / 254 Page 4 of 8 19-3868.01 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. 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. Grand Island Council Session - 4/9/2019 Page 194 / 254 Page 5 of 8 19-3868.01 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 permitted 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 Opinion of Probable Cost 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 Opinion of Probable Cost 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) or construction costs may reasonably vary from Olsson’s Opinion of Probable Cost. 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 Opinion of Probable Cost 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 Opinion of Probable Cost was not performed Grand Island Council Session - 4/9/2019 Page 195 / 254 Page 6 of 8 19-3868.01 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 Opinion of Probable Cost, 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 Opinion of Probable Cost. 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 Equal Employment Opportunity Olsson and any sub-consultant or subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. 7.9 Confidentiality In performing this Agreement, the parties may disclose to each other written, oral, electronic, graphic, machine-readable, tangible or intangible, non-public, confidential or proprietary data or information in any form or medium, including but not limited to: (1) information of a business, planning, marketing, conceptual, design, or technical nature; (2) models, tools, hardware, software or source code; and (3) any documents, videos, photographs, audio files, data, studies, reports, flowcharts, works in progress, memoranda, notes, files or analyses that contain, summarize or are based upon any non-public, proprietary or confidential information (hereafter referred to as the "Information"). The Information is not required to be marked as confidential. 7.9.1 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. 7.9.2 Prior to the start of construction on the Project, 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. 7.9.3 Notwithstanding anything to the contrary herein, the Receiving Party shall have no obligation to preserve the confidentiality of any Information which: 7.9.3.1 was previously known to the Receiving Party free of any obligation to keep it confidential; or 7.9.3.2 is or becomes publicly available by other than unauthorized disclosures; or 7.9.3.3 is independently developed by the Receiving Party without a breach of this Agreement; or 7.9.3.4 is disclosed to third parties by the Disclosing Party without restrictions; or 7.9.3.5 is received from a third party not subject to any confidentiality obligations. 7.9.4 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. 7.9.5 Notwithstanding anything to the contrary herein (or to the contrary of any existing or future nondisclosure, confidentiality or similar agreement between the parties), Olsson is authorized, to use, display, reproduce, publish, transmit, and distribute Information (including, but not limited to, videos and Grand Island Council Session - 4/9/2019 Page 196 / 254 Page 7 of 8 19-3868.01 photographs of the Project) on and in any and all formats and media (including, but not limited to, Olsson’s internet website) throughout the world and in all languages in connection with or in any manner relating to the marketing, advertising, selling, qualifying, proposing, commercializing, and promotion of Olsson and/or its services and business and in connection with any other lawful purpose of Olsson. In the event of any conflict or inconsistency between the provisions of this section and any other prior or future nondisclosure, confidentiality or similar agreement between the parties, the terms of this section shall take precedence. 7.9.6 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. 7.9.7 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. 7.9.8 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. 7.10 Damage or Injury to Subterranean Structures or Utilities, Hazardous Materials, Pollution and Contamination 7.10.1 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 subterranean 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. 7.10.2 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. 7.10.3 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. 7.10.4 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. 7.10.5 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: 7.10.5.1 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. 7.10.5.2 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. 7.11 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. Grand Island Council Session - 4/9/2019 Page 197 / 254 Page 8 of 8 19-3868.01 7.12 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. 7.13 Assignment 7.13.1 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 7.13.2 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. 7.13.2 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. 7.13.3 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. 7.14 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. 7.15 Limitation on Damages 7.15.1 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. 7.15.2 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). 7.15.3 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. 7.16 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 - 4/9/2019 Page 198 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-130 WHEREAS, on September 8, 2018 the Engineering Division of the Public Works Department for the City of Grand Island, advertised for Request for Qualifications for the 2019 Traffic Engineering Services - Traffic Study Various Locations project; and WHEREAS, on September 25, 2018 submittals for such services were opened and evaluated by Public Works staff based on established criteria; and WHEREAS, the proposal submitted by Olsson, Inc. of Lincoln, Nebraska received the highest ranking based on the established criteria; and WHEREAS, such work will accommodate both vehicle and pedestrian performance at several locations in town; and WHEREAS, the agreement was negotiated for the work to be performed at actual costs with a maximum amount of $55,285.59. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with Olsson, Inc. of Lincoln, Nebraska for actuals costs with a maximum amount of $55,285.59 for the 2019 Traffic Engineering Services - Traffic Study Various Locations project is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to enter into such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 199 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-16 #2019-131 - Approving Public Transportation Interlocal Agreement with Hall County Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/9/2019 Page 200 / 254 Council Agenda Memo From:Charley Falmlen, Transit Program Manager Meeting:April 9, 2019 Subject:Approving Public Transportation Interlocal Agreement with Hall County Presenter(s):John Collins PE, Public Works Director Background On April 12, 2016, via Resolution No. 2016-87, Grand Island City Council approved the Interlocal Agreement with Hall County for Public Transportation Services. Discussion The current Interlocal Agreement with Hall County pertaining to Public Transportation Services expires April 12, 2019. It is recommended to renew the interlocal agreement for a term of one (1) year commencing March 1, 2019, with an automatic renewal thereafter for successive terms of one (1) year each unless either party provides written notice not less than ninety (90) days prior to the termination of the then current term. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Resolution approving the Interlocal Agreement with Hall County for Public Transportation Services. Sample Motion Move to approve the resolution. Grand Island Council Session - 4/9/2019 Page 201 / 254 Page 1 of 7 INTERLOCAL AGREEMENT BY AND BETWEEN THE COUNTY OF HALL, NEBRASKA AND THE CITY OF GRAND ISLAND, NEBRASKA FOR PUBLIC TRANSPORTATION SERVICES This agreement dated this ___ day of _______________, 2019, is by and between the County of Hall, Nebraska (“County”) and the City of Grand Island (“City”). WHEREAS, under the provisions of the Interlocal Cooperation Act, NEB. REV. STAT. §13-801 et seq., local political subdivisions may contract with one another for the performance of any governmental service, activity or undertaking that at least one of the contracting public agencies is authorized by law to perform; and WHEREAS, the Parties hereto desire to enter into such a contractual agreement for the County and the City to undertake to cooperatively provide public transportation services within the jurisdictional boundaries of the City and County. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, County of and City agree as follows: 1.Purpose. The purpose of this Agreement is for County and City to provide public transportation services within the jurisdictional boundaries of County and City. 2.Term. This Agreement shall be for a term of one year commencing March 1, 2019 and shall automatically renew thereafter for successive terms of 1 year each unless either party provides written notice not less than 90 days prior to the termination of the then current term. 3.Funding. 3.1.City shall apply for transportation funds available from the Federal Transit Administration which, together with matching City provided funding, shall provide the source of funds for operation of the public transportation system for trips originating or terminating within the urbanized area of the City of Grand Island. Funds provided for public transportation by City and the grant funds provided from Federal Transit Administration shall together be referred to as “City Transportation Funds.” 3.2.County shall apply for transportation funds available from the Nebraska Department of Transportation which, together with matching County provided funds, shall provide the source of funds for operation of the public transportation system for trips originating or Grand Island Council Session - 4/9/2019 Page 202 / 254 Page 2 of 7 terminating within the area of Hall County that is not included within the urbanized area of the City of Grand Island. Funds provided for public transportation by County and the grant funds provided from Nebraska Department of Roads shall together be referred to as “County Transportation Funds.” 3.3.City Transportation Funds and County Transportation Funds shall be utilized to provide a funding for a single public transportation provider contracted to provide public transportation services as defined herein. The parties shall provide accounting procedures and systems necessary to ensure and provide documentation of appropriate utilization of the City Transportation Funds and the County Transportation Funds. 4.Public Transportation Services; Objectives. The basic objectives of the Public Transportation Services program include: a)Provide curb-to-curb/portal-to-portal public transportation in Hall County and the urbanized area of Grand Island; b)Meet performance objectives established by the City; c)Provide service that is safe, reliable, compliant with all service requirements, the Americans with Disabilities Act, and federal, state, and local regulations; and d)Provide service in the most cost-effective and efficient manner. 5.Buses. County’s current fleet of buses used to provide public transportation services shall be available for use by the contracted Public Transportation Services Provider to provide public transportation services within County and the urbanized area of the City of Grand Island. City shall seek available funding for additional and replacement buses for use within the urbanized area of the City of Grand Island. 5.1.Insurance. The Public Transportation Service Provider (“Provider”) shall be required to (i) obtain and maintain for the applicable contract term insurance on each Bus against all risks of loss or damage in an amount not less than the replacement cost of the Buses, without deductible and without co-insurance, (ii) obtain and maintain for the applicable contract term, comprehensive liability insurance covering personal injury of at least $1,000,000 per person and property damage of at least $1,000,000 per occurrence, and such insurance shall otherwise be in a form and with companies reasonably satisfactory to County and City. Provider shall designate County and City, as their interests may appear, as loss payee on property insurance, and shall designate County and City Grand Island Council Session - 4/9/2019 Page 203 / 254 Page 3 of 7 additional insureds on liability insurance. Provider shall pay all premiums for such insurance and cause delivery to County and City of certificates evidencing such insurance in effect through the contract term identifying the vehicle identification number of each Bus, as applicable, along with, if requested by County or City, evidence satisfactory to County and City, of the payment of the premiums for such insurance. All insurance shall provide for at least thirty (30) days advance written notice to County and City before any cancellation, expiration or material modification thereof. No act or default of Provider, its officers, agents and employees, will affect County’s or City’s right to recover under such policy or policies in case of loss. Provider shall deliver prompt written notice to County and City of (1) loss, theft, or destruction of any Bus, (2) any damage to any Bus exceeding one thousand dollars ($1,000), and (3) any claim arising out of the ownership, operation, maintenance, or use of any Bus. In the event of damage to or loss or destruction of a Bus (or any component thereof), Provider shall, at the option of County and City, (a) promptly place such Bus in good repair, condition and working order, or (b) replace the Bus with a bus in good repair, condition and working order, acceptable to County and City, and shall transfer clear title to such Bus to the entity, County or City, holding title to the bus damaged, lost, or destroyed, whereupon such bus shall be subject to the applicable contract term. Liability coverage shall include coverage for loading and unloading passengers. 5.2.Indemnification. The Public Transportation Service Provider shall be required to indemnify, defend, and hold harmless County and City, and their officers, agents and employees, from any claim, suit, or cause of action, including claims for court costs and attorney fees, arising out of or related to the operation of the public transportation system and the operation of the buses pursuant to the approved public transportation services agreement. 5.3.Maintenance. The Public Transportation Services Provider shall be required to maintain the bus fleet in a state of good repair. 5.4.Workers Compensation. The Public Transportation Services Provider shall maintain workers compensation coverage as required by law. 6.Grant Administration. Each party hereto shall be responsible for management of its transit grant funding, including but not limited to grant applications, accountability, and reports. Grand Island Council Session - 4/9/2019 Page 204 / 254 Page 4 of 7 7.Procurement of Transportation Service Provider. City, on behalf of itself and as purchasing agent for County, shall take all necessary action for the solicitation of proposals, selection, and contracting with a transportation services provider to provide the public transportation services within the boundaries of County and the urbanized area of the City of Grand Island. 8.Public Transportation Services Provider; Scope of Work; Minimum Requirements. In addition to the requirements set forth herein, the Public Transportation Services provided hereunder and the Public Transportation Services Provider shall meet or exceed the requirements as set forth in “Attachment A,” attached hereto. 9.Records. City and County shall each maintain such periodic and special reports as required by the party’s respective governing body. 10.Amendment. This Agreement may be modified only by written amendment, duly executed by authorized representatives of the Parties. No alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Every amendment shall specify the date on which its provisions shall be effective. 11.Assignment. No Party may assign its rights under this Agreement without the express prior written consent of the other Party. 12.Captions. Captions used in this Agreement are for convenience and not to be used in the construction of this Agreement. 13.Waiver. Failure or delay by any Party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver of a right or power to be effective, it must be in writing signed by the waiving Party. An effective waiver of a right or power shall not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. In addition, any act by either Party which it is not obligated to do hereunder shall not be deemed to impose any obligation upon that Party to do any similar act in the future or in any way change or alter any of the provisions of this Agreement. 14.Notice. In further consideration of the mutual covenants contained herein, the Parties hereto expressly agree that for the purposes of notice, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following designated officers shall be the authorized representatives of the Parties: For City: City of Grand Island, Attn: Mayor, PO Box 1968, Grand Island, NE 68802. Grand Island Council Session - 4/9/2019 Page 205 / 254 Page 5 of 7 For County: County Clerk, 117 South Pine Street, Grand Island, NE 68801 Notice shall be in writing and shall be effective upon receipt. Delivery may be by hand, in which case a signed and dated receipt shall be obtained, or by United States mail, registered or certified, return receipt requested or by electronic means with a signed return receipt. 15.Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and the remainder of this Agreement will remain in full force and effect. 16.Nondiscrimination. The Parties agree that in accordance with the Nebraska Fair Employment Act, NEB. REV. STAT. §48-1122 et seq., they will not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment because of the race, color, religion, sex, disability or national origin of the employee or applicant, nor will they knowingly permit the selected public transportation service provider to do so. None of the Parties shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances. 17.No Third Party Rights. This Agreement is not intended to, nor shall it provide third Parties, excluding any assignment as provided herein, with any remedy, claim, liability, reimbursement, cause of action or other right or privilege, except that this Agreement’s indemnification provision shall also inure to the benefit of a Party’s employees, officers, agents and servants. 18.Independent Contractors. It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing a partnership or joint venture between the Parties. Any and all acts that a Party or a Party’s personnel, employees, agents, contractors or servants perform pursuant to the terms of this Agreement shall be undertaken as independent contractors and not as employees of another Party. The Parties shall, except as provided herein, act in their individual capacities and not as agents, employees, partners, joint ventures or associates of the other. An employee or agent of one shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. 19.Acquisition, Ownership And Disposal Of Personal Property. All property acquired and used in furtherance of the Program shall be owned by the entity which pays for said personal property. In the event the Program is terminated or is not superseded by another Interlocal Grand Island Council Session - 4/9/2019 Page 206 / 254 Page 6 of 7 Cooperation Agreement, the parties shall take possession of their respective property. 20.Separate Entity. The parties agree that no separate entity is created by this Agreement. 21.Choice Of Laws. This Agreement shall be construed in accordance with the laws of the State of Nebraska, including, but not limited to, the Interlocal Cooperation Act, NEB. REV. STAT. §13-801 et seq., as amended. 22.Entire Agreement. This Agreement shall constitute the entire agreement between the City and County relating to the public transportation services provided by and through this agreement. This agreement may be amended only in writing, duly approved, adopted and executed by the respective governing bodies of each Party. Neither Party is empowered to alter any of the terms hereof except as provided herein. 23.Execution. This Agreement of the Parties hereto is expressed by the approval in open meeting by the City Council and County Board, and the following execution by the respective authorized representatives. City of Grand Island, Nebraska County of Hall By: ________________________By: __________________________ Roger G. Steele, Mayor Pamela Lancaster, Chairperson Hall County Board of Supervisors Dated: _____________________Dated: ________________________ [attest][attest] _________________________________________________________ RaNae Edwards, City Clerk Marla Conley, County Clerk Grand Island Council Session - 4/9/2019 Page 207 / 254 Page 7 of 7 Approved as to form: __________________________ Martin Klein Hall County Attorney Approved as to form: __________________________ Jerom E. Janulewicz Grand Island City Attorney Grand Island Council Session - 4/9/2019 Page 208 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-131 WHEREAS, on April 12, 2016, via Resolution No. 216-87, Grand Island City Council approved the Interlocal Agreement with Hall County for Public Transportation Services; and WHEREAS, such agreement expires April 12, 2019; and WHEREAS, it is recommended to renew such agreement for a term of one (1) year commencing March 1, 2019, which shall then automatically renew thereafter for successive terms of one (1) year each unless either party provides written notice not less than ninety (90) days prior to the termination of the then current term; and WHEREAS, the cooperative public transportation services will be funded by Hall County utilizing rural transportation funds it will receive from the State of Nebraska and by the City utilizing urban transportation funds it will receive from the Federal Transit Administration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Interlocal Agreement with Hall County for Public Transportation Services. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 209 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-17 #2019-132 - Approving Purchase of 2019 Chevrolet Malibu for Building Department Staff Contact: Craig Lewis Grand Island Council Session - 4/9/2019 Page 210 / 254 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:April 9, 2019 Subject:Purchase of 2019 Chevrolet Malibu for Building Department Presenter(s):Craig Lewis, Building Department Director Background On February 13, 2019 a City inspection vehicle was involved in an accident at 2nd and Broadwell streets. The accident was not the fault of City personal but was caused by a client of State Farm Insurance. The insurance carrier has inspected the vehicle, a 2008 Chevrolet Impala, and determine the cost to repair the vehicle exceeded the market value of the vehicle and has offered the City a cash settlement of $6,578.73 and surrender of the vehicle. Estimates received for repairs were, $4,197.28, $4,339.88, and $4,864.36. Repairing the vehicle would create salvage title and future insurance issues. State vehicle bids were reviewed and a replacement purchase of a 2019 Chevrolet Malibu in the amount of $17,457 is requested. Discussion The Department is requesting approval of the purchase of a 2019 Chevrolet Malibu from Husker Auto Group the vendor of a State Contract number 14859 OC to replace the 2008 Chevrolet Impala involved in the accident and determined totaled by the insurance company. The amount of the purchase price is $17,457.00. There were no funds included within the 2018-2019 budget for any capital purchases but the next budget year it is expected to begin with the scheduled replacement of seven inspection vehicles, one each for the next seven years. Replacing the vehicle this year will allow inspections to proceed uninhibited by the loss of a vehicle and the cost are anticipated to be absorbed within the total departmental budget by cost savings in other line accounts. Grand Island Council Session - 4/9/2019 Page 211 / 254 Alternative It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request. 2.Disapprove or /Deny the request. 3.Modify the request to meet the wishes of the Council 4.Table the issue Recommendation City Administration recommends that the Council approve the request and authorize the purchase of the identified vehicle on the State awarded contract. Sample Motion Move to approve the request for purchase of an inspection vehicle from the State Contract #14859 OC with Husker Auto Group of Lincoln, Nebraska in an amount of $17,457.00. Grand Island Council Session - 4/9/2019 Page 212 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-132 WHEREAS, a City owned vehicle was involved in an accident on February 13, 2019 and determined to be a total loss; and WHEREAS, the responsible insurance company has paid the city for the loss of the vehicle; and WHEREAS, the City is in need of a replacement inspection vehicle to facilitate inspection services and the State of Nebraska contract award number 14859OC provides for the purchase of a 2019 Chevrolet Malibu at a price of $17,457.00, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order be approved to acquire a replacement vehicle on the State of Nebraska contract award number 14859 OC from vendor Husker Auto Group of Lincoln, Nebraska for a 2019 Chevrolet Malibu at the contract price of $17,457.00. Funds are anticipated to be provided from the 2018-2019 Building Department budget. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019 _______________________________________ Roger Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 213 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-18 #2019-133 - Approving Development Agreement with Menard, Inc. for Fire Station No. 4 Staff Contact: Jerry Janulewicz Grand Island Council Session - 4/9/2019 Page 214 / 254 Council Agenda Memo From:Jerry Janulewicz, City Attorney Meeting:April 9, 2019 Subject:Fire Station #4 Development Agreement Presenter(s):Jerry Janulewicz, City Attorney Background By adoption of Ordinance 9666, Council approved the Purchase Sale Agreement (the “Agreement”) with Menard, Inc., for the sale of Lot One in State Subdivision in the City of Grand Island, Hall County, Nebraska, in consideration of $103,015.00 cash consideration paid at closing. As additional consideration for the sale of the city property, within two years of closing Menard shall construct and convey to City, at Menard’s cost, a new fire station. As provided by law, notice of the sale and the terms of sale was published for three consecutive weeks in a newspaper published for general circulation in the City of Grand Island. No public remonstrance was received. Discussion After a lengthy period of discussions and plan revisions, construction plans, specifications, and a development agreement for the new fire station have been approved by City Staff. Upon approval of the same by the City Council and Mayor, closing of the sale of the city-owned real estate on State Street can proceed. Pursuant to the Purchase/Sale Agreement, the existing Fire Station #4 on State Street will remain occupied by the City’s Fire Department until construction of the new station is complete. The proposed Resolution, if adopted, approves the building and site plans, specifications, and development agreement; authorizes execution of the development agreement and deed of conveyance, and authorizes the City’s Mayor to take such other actions as is necessary to close the real estate transaction conveying to Menard, Inc., the above- described real estate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 4/9/2019 Page 215 / 254 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 adopt the Resolution. Sample Motion Move to approve the Resolution. Grand Island Council Session - 4/9/2019 Page 216 / 254 1 DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (the “Agreement”) is entered into on this ___ day of ________________, 2019, (the “Effective Date”) by and between MENARD, INC. (“Menard”) and the CITY OF GRAND ISLAND, NEBRASKA (“City”). The foregoing are hereinafter sometimes individually referred to as a (“Party”) and collectively referred to as the (“Parties”). RECITALS: WHEREAS, Menard and City entered into a Purchase and Sale Agreement dated December 13, 2017 (the “PSA”) for the sale of property identified in the attached Exhibit A (the “Menard Parcel”). WHEREAS, City is the owner of a parcel of land identified on the attached Exhibit B (“City Parcel”). WHEREAS, as part of the consideration for City selling the Menard Parcel to Menard, Menard has agreed to construct a new fire station building on the City Parcel in accordance with the Development requirements listed in Article II below (“Improvement(s)”) pursuant to the terms and conditions of this Agreement. WHEREAS, the Parties now desire to enter into this Agreement in order to establish their respective rights and obligations. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements herein set forth, the Parties do hereby agree as follows: ARTICLE I - INCORPORATION SECTION 1.1 All of the above Recitals are incorporated herein by reference in this Paragraph as if fully restated herein. ARTICLE II – DEVELOPMENT SECTION 2.1 Project Area. Menard has agreed, at its sole cost unless otherwise specified in this Agreement, to perform and is responsible for constructing the Improvements upon the City Parcel in accordance with the plans, specifications, requirements and timelines established by this Agreement. SECTION 2.2 Improvements. It is understood and agreed by and among the parties that the Improvements shall consist of a new fire station with a split face block exterior, as depicted and specified in the following documents: GEC Plan Sets Dated March 21, 2019; Grand Island Fire Station #4 Construction Specifications dated March 21, 2019; Grand Island Fire Station construction Signed Set dated January 14, 2019; Grand Island Fire Station Specifications PME dated March 21, 2019; and Grand Island Fire Station #4 Site Civil Plans (collectively, the “Site Improvement Plans”). The foregoing is subject to the receipt of all necessary government approvals. 2.2.1 City’s Due Diligence Materials. City, at its sole cost, shall deliver to Menard a geotechnical report, Phase I environmental report and a topographical survey of Grand Island Council Session - 4/9/2019 Page 217 / 254 2 the City Parcel prior to Menard beginning construction activities on the City Parcel. 2.2.2 Fire Station Construction. Menard at its sole cost and expense will design and construct the Improvements on the City Parcel. The construction of the fire station shall be in accordance with the Site Improvement Plans using Menard- provided materials and supplies. Construction of the fire station shall include the construction of the building, the paved drives, the parking areas, utility extensions from the right of way, and the landscaping. Pursuant to and in accordance with a schedule approved by City’s Fire Chief, City equipment identified in Exhibit C shall be removed from the Menard Parcel and installed at the Fire Station constructed upon the City Parcel at Menard’s sole cost and expense. 2.2.3 Costs of Construction. Menard shall be responsible for all charges, fees and expenses in relation to materials, labor, architect fees (excepting those fees relating to City’s review of the Menard created plans), utilities, site preparation, and landscaping, excepting that the City shall be responsible for the cost of upgrading the exterior of the Improvements to tan split face block at a cost not to exceed Fifty Two Thousand Seven Hundred Thirty Eight AND NO/100 Dollars ($52,738.00). Any costs relating to revisions of the plans shall be the sole cost of City. Any costs relating to required expansion of public rights of way, offsite utility extensions, and any other work in addition to those items contained in the Site Improvement Plans shall be completed at the sole cost of City. 2.2.4 Warranty. Menard or its contractors shall provide to City a one (1) year warranty from the date Menard completes the work contemplated herein. SECTION 2.3 Material Modifications. In the event the City requires any material modifications to the location, size or character of the Improvements, City shall notify Menard of such changes and the Parties shall work in good faith to modify the plans to accommodate the City’s requirements to the reasonable satisfaction of Menard and City. Any increase in the cost of completing the Improvements due to such material modification shall be the sole responsibility of City. SECTION 2.4 Project Management. Menard will undertake typical project management responsibilities for the design and installation of the Improvements and shall oversee the construction of the Improvements. Menard shall comply with all local, state, and federal laws during construction of the Improvements. SECTION 2.5 Timing, Completion and Approval. Menard shall construct the Improvements within 2 years of the date of this Agreement (the “Construction Deadline”). If Menard has begun construction of the Improvements, but has not completed the Improvements by the Construction Deadline, Menard shall be allowed to extend the Construction Deadline for a period of sixty (60) days. Upon completion of the construction by Menard, City shall have thirty (30) days to inspect the Improvements for any items that are not in accordance with the Site Improvement Plans (the “Improvement Review Period”). If any are found, City shall compile a complete list of items not conforming to the Site Improvement Plans (the “Improvement Correction List”); if City fails to deliver the Improvement Correction List within the Improvement Review Period, City shall be deemed to have accepted and approved the Improvements. Upon receipt of the Improvement Correction List, Menard shall have thirty Grand Island Council Session - 4/9/2019 Page 218 / 254 3 (30) days to correct such deficiencies (the “Improvement Correction Period”). Upon Menard’s completion of the items outlined on the Improvement Correction List, City shall have an additional thirty (30) days to review and object to Menard’s remedial work (the “Remedial Review Period”). City shall not, during the Remedial Review Period, add additional items outside the scope of those outlined on the Improvement Correction List. Menard shall have an additional thirty (30) days, or a mutually agreed upon reasonable amount of time, to correct any further remedial work requested by the City (the “Remedial Correction Period”). Upon approval of the Improvements by City, or the conclusion of the Remedial Correction Period, Menard shall turn over possession of the Improvements to City. SECTION 2.6 Failure to Construct Improvements. In the event that Menard fails to construct the Improvements, and has not begun its construction of such Improvements pursuant to this Agreement, the City and Menard shall have the option, upon mutual written agreement, to extend this Agreement for a term of one (1) year. If, upon the expiration of this agreement and any extensions, Menard fails to construct the Improvements, the following shall occur: (A)Ownership of the Menard Parcel shall revert back to the City, and, within ninety (90) days, any warehouse improvements placed on the Menard Parcel pursuant to Section 3.7 below shall be removed at the sole cost and expense of Menard; (B)The City shall return the purchase price outlined in the PSA to Menard; and (C)All Parties shall thereupon be relieved of any and all responsibilities under this Agreement. SECTION 2.7 Licenses For Construction. City hereby grants to Menard, and its contractors, employees, agents, and representatives, a nonexclusive license for the term of this Agreement to enter upon the City Parcel for the performance of all work required or permitted to be performed by Menard under this Agreement. The License and permit granted hereby is limited to a license for entry upon the City Parcel and does not include the granting of or waiver of any professional licensure, i.e. plumber electrician, etc., required by state or local law or regulation. Menard shall provide City with seven days prior notice before the commencement of construction. SECTION 2.8 Insurance and Indemnification. 2.8.1 Insurance . During construction of the Improvements, Menard agrees to provide and maintain, and cause its contractors and subcontractors to provide and maintain throughout the period of construction of the Improvements, general liability insurance in the minimum amounts of: $1,000,000.00 for property damage to any one person; $1,000,000.00 for property damage in any one accident; $1,000,000.00 for personal bodily injury or death to any one person or individual; $1,000,000.00 for personal bodily injury or death in any one accident. Said insurance shall name City as an additional insured. 2.8.2 Liens. Menard shall not cause (or allow its contractors to cause) any mechanics' lien or any other interest to attach to the City Parcel. In the event of such lien or interest, Menard shall within thirty (30) days’ notice from City pay such amount owed and cause the lien to be removed or Menard shall bond Grand Island Council Session - 4/9/2019 Page 219 / 254 4 over the lien in accordance with common practices for providing such a security prevailing and accepted in the locality of Grand Island, Nebraska. ARTICLE III – MISCELLANEOUS PROVISIONS SECTION 3.1 Agreement Binding. Except as set forth below, this Agreement is binding on the parties and neither party may assign or delegate its obligations hereunder (except to a construction company or similar entity for purposes of constructing the Improvements), without the prior written consent of the other party. SECTION 3.2 Entire Agreement. This Agreement embodies the entire agreement and understanding of the Parties relating to the subject matter herein and therein and may not be amended, waived or discharged except in an instrument in writing executed by the Parties. SECTION 3.3 Permits. Menard’s obligation to construct the Improvements is subject to Menard receiving, at City’s cost, a building permit for its development of the City Parcel and receiving all necessary governmental permits and approvals for the Improvements. SECTION 3.4 Severability. If any part, term, or provision of this Agreement is held by a court to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other part, term, or provision, and the rights of the Parties will be construed as if the part, term, or provision was never part of this Agreement. SECTION 3.5 Enforceability. The enforceability of this agreement is contingent upon Menard and the City closing on the Menard Parcel transaction as agreed upon in the PSA. SECTION 3.6 Waiver. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision, nor constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement signed by the Parties, nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. Also, no delay or omission by any of the parties to exercise any right, privilege or power accruing upon any failure of performance shall impair any such right or privilege or shall be construed a waiver thereof. SECTION 3.7 Menard Parcel Construction. Following closing on the purchase of the Menard Parcel and the commencement of the construction of the Improvements outlined herein, Menard shall have the right to begin construction of warehouse improvements upon the Menard Parcel, so long as such construction does not interfere with the City’s continued use and enjoyment of the Menard Parcel until that point in time that the City vacates the Menard Parcel. SECTION 3.8 No Partnership. This Agreement shall not create an association, partnership, joint venture or principal and agency relationship or similar other legal relationship under the laws of any state or the federal government, or to render them liable for the debts or obligations of the others, except as otherwise expressly provided in this Agreement. Any correspondence or other references to “partners” or other similar terms will not be deemed to alter, amend or change the relationship between the Parties hereto unless there is a formal written agreement specifically detailing the rights, liabilities and obligations of the Parties as to a new, specifically defined legal relationship. Grand Island Council Session - 4/9/2019 Page 220 / 254 5 SECTION 3.9 Notice. Any notice, demand, request or other communication which may or shall be given or served by the Parties shall be deemed to have been given or served on the date the same is: deposited in the United States Mail, standard, registered or certified, return receipt requested, postage prepaid; sent by electronic or facsimile transmission; or given to a nationally recognized overnight courier service for next business day delivery and addressed as follows: If to the Menard: Menard, Inc. Attn: Properties Division 5101 Menard Drive Eau Claire, WI 54703 Phone: (715) 876-2532 Fax: (715) 876-5998 Email: properties@menard-inc.com If to City: City of Grand Island Attn: Mayor 100 East First Street Grand Island, NE 68802 Phone: (308) 385-5444 Fax: Email: The above addresses may be changed at any time by the parties by notice given in the manner provided above. SECTION 3.10 Counterparts; Modification. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute a single instrument. Signature and acknowledgment pages may be detached from individual counterparts and attached to a single or multiple original(s) in order to form a single or multiple original(s) of this Agreement. This Agreement cannot be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge it in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. SECTION 3.11 Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of Nebraska. SECTION 3.12 Captions. The captions herein are inserted only for reference, and in no way define, limit or describe the scope of this Agreement or the meaning of any provision hereof. [REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] Grand Island Council Session - 4/9/2019 Page 221 / 254 6 NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements herein set forth, the Parties do hereby covenant and agree as follows: MENARD, INC. By:__________________________ Theron J. Berg Real Estate Manager Date: ___________________, 2019 ACKNOWLEDGEMENT STATE OF WISCONSIN ) )ss. COUNTY OF EAU CLAIRE ) On this ____ day of ____________, 2019, before me a Notary Public within and for this County and State, personally appeared Theron J. Berg to me personally known, who, being by me duly sworn did say that he is the Real Estate Manager of Menard, Inc., the corporation named in the foregoing instrument, and that this instrument was signed on behalf of the corporation and that Theron Berg, Real Estate Manager acknowledged this instrument to be the free act and deed of Menard, Inc. Notary Public _________________County My Commission _____________________ Grand Island Council Session - 4/9/2019 Page 222 / 254 7 City of Grand Island, Nebraska By: __________________________________ Roger G. Steele, Mayor Date: ___________________, 2019 ACKNOWLEDGEMENT STATE OF NEBRASKA ) )ss. COUNTY OF HALL ) On this ____ day of ______________, 2019, before me a Notary Public within and for said County and State, personally appeared Roger G. Steele to me personally known, who, being by me duly sworn did say that he is the Mayor of City of Grand Island, Nebraska, the entity named in the foregoing instrument, and that the instrument was signed on behalf of the city and Roger G. Steele acknowledged the instrument to be the free act and deed of the city. _________________________________ Notary Public This Instrument Is Drafted by: Pat Wewel Corporate Counsel Menard, Inc. 5101 Menard Drive Eau Claire, WI 54703 Grand Island Council Session - 4/9/2019 Page 223 / 254 8 Exhibit A Menard Parcel Lot One (1), State Subdivision in the City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 4/9/2019 Page 224 / 254 9 Exhibit B City Parcel Lot 1, Hanover Third Subdivision in the City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 4/9/2019 Page 225 / 254 10 Exhibit C [Attached on following page(s)] Plymovent (vehicle exhaust capture system) Commercial washer and dryer Bunker Gear racks Breathing Air Compressor and bottles Breathing Air fill station Communication system: telephone and radio Grand Island Council Session - 4/9/2019 Page 226 / 254 11 [Attached on following page(s)] Grand Island Council Session - 4/9/2019 Page 227 / 254 1 LIMITED LICENSE AGREEMENT This Limited License Agreement (“Agreement”) is made as of this _____ day of ____________, 2018, by and between MENARD, INC. (“Licensor”) and the CITY OF GRAND ISLAND, NEBRASKA (“Licensee”). The foregoing are hereinafter sometimes collectively referred to as the (“Parties”) RECITALS WHEREAS, Licensor and Licensee have entered into a Purchase and Sale Agreement with an effective date of December 17, 2017, (the “PSA”) for the sale of that certain parcel of land located in the City of Grand Island, Hall County, Nebraska, more fully described as: Lot One in State Subdivision in the City of Grand Island, Hall County, Nebraska (the “Property”). WHEREAS, Licensee desires to use a portion of the aforementioned parcel (the “Licensed Area”), generally as crosshatched on the attached Exhibit A, following the closing on the Property pursuant to the PSA, for the continued operation of a fire station. WHEREAS, Licensor is willing to grant and Licensee wishes to receive a revocable, limited, exclusive license over the Licensed Area for the benefit of Licensee all as more fully set forth herein. AGREEEMENT NOW, THEREFORE, the parties agree as follows: 1.The license granted herein to Licensee shall commence on the closing of the Property pursuant to the PSA and terminate on the sooner of the expiration of 30 days following the Licensee’s acceptance of the Improvements outlined in that certain Development Agreement entered into between the Licensor and Licensee with an effective date of ______________, 2018 (the “Development Agreement”), or upon the Construction Deadline outlined in the Development Agreement (the “Term”). In the event that this Agreement expires on the Construction Deadline, Licensor and Licensee shall have the option to extend this Agreement for two (2) sixty (60) day periods pursuant to an instrument in writing signed by the Parties. 2.Licensor hereby grants to Licensee an exclusive limited license to enter upon the Licensed Area during the Term solely for the purpose of operating a fire station, and for no other purpose without the prior express written consent of Licensor. Licensee acknowledges and agrees that any and all activities conducted by Licensee or Licensee’s employees, agents, representatives or contractors shall be solely at the risk of Licensee. 3.Throughout the term of this Agreement, Licensee shall solely be responsible for all property bills, maintenance bills, water bills and utility bills associated with the Property; additionally, the foregoing bills shall be paid in full upon termination Grand Island Council Session - 4/9/2019 Page 228 / 254 2 of this Agreement. Following Licensee’s acceptance of the Improvements outlined in the Development Agreement, and Licensee’s vacation of the property, Licensee shall transfer all utilities, property bills and any warranties associated with the Property to the Licensor. Licensee shall additionally turn over any keys, combinations, security codes, garage door openers and equipment manuals related to the improvements existing on the Property 4.Licensor shall withhold and place in escrow 10% of the purchase price, as outlined in the PSA, until that time that the Licensee vacates the Property. Upon termination of this Agreement, Licensor shall, within 30 days after receipt of a written request by Licensee, authorize release of the escrowed funds contingent on Licensee fulfilling all obligations of Licensee outlined in Section 3 of this Agreement. 5.Licensee agrees not to cause or permit any lien to be filed against the Licensed Area and shall indemnify and hold Licensor harmless from and against any and all such claims and liens arising out of the activities of Licensee, its employees, agents, representatives or contractors at or upon the Licensed Area. 6.Licensee shall, at its sole cost, obtain and maintain in effect all licenses, permits, consents and authorizations of federal, state and local authorities which may be necessary, required or appropriate for all activities of Licensee and its employees, agents, representatives and contractors at or upon the Licensed Area. 7.Licensor makes no representations, warranties or covenants of any nature whatsoever regarding the condition of the Licensed Area or its suitability for the activities planned by Licensee, and Licensee accepts the Licensed Area in “as is” condition with all faults latent or apparent. Licensee agrees that Licensor shall not be required to undertake or exercise any duty of care or other safeguards with respect to the Licensed Area or for the safety of persons or for the prevention of damage to property in connection with any activities of Licensee on or about the Licensed Area. 8.Any equipment or facilities temporarily placed on the Licensed Area by or for Licensee shall be installed, kept and maintained by Licensee in a safe and secure condition and in compliance with all applicable federal, state and municipal laws, regulations, ordinances and orders. All activities of Licensee and its employees, agents, representatives and contractors on and about the Licensed Area shall be conducted in compliance with all applicable federal, state and municipal laws, regulations, ordinances and orders. 9.At all times during the Term, Licensee shall keep the Licensed Area and everything thereon in a clean, safe and orderly condition and shall keep the Licensed Area and its surroundings clean and free from trash, rubbish, waste and debris. Before expiration of the Term, Licensee shall remove all materials, equipment, personal property and other items of any nature within the Licensed Area; and Licensee shall leave and surrender the Licensed Area in the same or better condition as it was at the beginning of the Term. If any repairs or restoration should be necessary in order to Grand Island Council Session - 4/9/2019 Page 229 / 254 3 return the Licensed Area or any part thereof to such condition, such work shall be promptly performed by Licensee, at its sole cost and to Licensor’s satisfaction. 10.Licensee shall not cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the Licensed Area by Licensee, Licensee's agents, employees, contractors or invitees, without first obtaining Licensor's written consent. If Hazardous Substances other than those approved by Licensor herein are used, stored, generated or disposed of on or in the Licensed Area, or if the premises become contaminated in any manner for which Licensee is liable, Licensee shall indemnify and hold harmless Licensor from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, a decrease in value of the premises, damages due to loss or restriction of rentable or usable space, or any damages due to adverse impact on marketing of the space, and any and all sums paid for settlement of claims, attorney fees, consultant and expert fees) arising during or after the Term and arising as a result of such contamination by Licensee. This indemnification includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Licensee causes or permits the presence of any Hazardous Substance on the Licensed Area and such result in contamination, Licensee shall promptly, at its sole expense, take any and all necessary actions to return the Licensed Area to the condition existing prior to the presence of any such Hazardous Substance on the Licensed Area. Licensee shall first obtain Licensor's approval of any such remedial action. As used herein, “Hazardous Substance” includes any and all material or substances which are classified as “hazardous waste,” “extremely hazardous waste,” “hazardous materials,” “hazardous substance,” or any equivalent classification pursuant to state, federal, or local governmental law. 11.At its sole cost, Licensee shall maintain Comprehensive General Liability Insurance and shall maintain it in force and effect throughout the Term of this Agreement. This insurance shall insure Licensor and Licensee from all claims, demands, or actions made by or on behalf of any person or entity arising from, related to, or connected with the conduct and operation of Licensee's business on the Licensed Area. This insurance shall have minimum limits of not less than a Combined Single Limit for Bodily Injury, Property Damage and Personal Injury Liability of $2,000,000 per occurrence and $3,000,000 aggregate. This insurance shall be the Primary Policy for any and all claims arising out of or relating to Licensee’s use of the Licensed Area. Any insurance held by Licensor shall be used only to cover claim amounts in excess of the required limits of the Primary Policy. Prior to occupying the Licensed Area, Licensee shall furnish Licensor with certificates showing compliance with this provision and naming Licensor as a primary and non-contributory additional insured. In addition, throughout the Term Licensee shall maintain any and all worker’s compensation insurance required by statute. 12.Licensee shall be liable for, and shall defend, indemnify and hold harmless Licensor, its shareholders, directors, officers, employees and agents (collectively, the “Indemnitees”), from and against any and all liability, claims, suits, judgments, damages, Grand Island Council Session - 4/9/2019 Page 230 / 254 4 losses, costs and expenses (including costs of defense and reasonable attorney’s fees), which any or all of said Indemnitees may suffer, incur, be exposed to, be responsible for or pay, on account of any injury to or death of any person, or damage to or loss or destruction of any property, to the extent caused by Licensee (or any of its employees, agents, representatives or contractors) and arising out of or in connection with this License or the exercise of any license or privilege herein granted or the conduct of any activity on or about the Licensed Area or any act or omission of Licensee (or any of its employees, agents, representatives or contractors). 13.This Agreement is an independent agreement between the parties hereto and it shall not be deemed or construed to be an agreement to lease or purchase the Licensed Area. 14.Licensee may not and shall not assign this Agreement or the license and privileges hereunder, or delegate any of the Licensee’s duties and obligations hereunder, without the prior written consent of Licensor and any attempted assignment or delegation without such prior written consent of Licensor shall be void. 15.This Agreement shall not become effective or binding unless and until the Parties close pursuant to the PSA and this Agreement has been signed by or on behalf of each of the parties hereto. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any facsimile or electronic transmission of this Agreement, signed by either or both parties hereto shall be considered to have the same legal effect as the original and shall be treated in all manner and respects as if the original had been delivered at the time of such facsimile or electronic transmission. 16.Any notices, deliveries and other communications required under this Agreement, and any other communication which either Licensor or Licensee may desire to deliver to the other, shall be in writing and shall be sent by either certified mail (return receipt requested), by nationally-recognized overnight courier, or by facsimile transmission provided that the original is immediately sent by another method specified herein, in each instance directed, addressed and transmitted or sent as follows: If to Licensor:Menard, Inc. Attn: Properties Division 5101 Menard Drive Eau Claire, WI 54703 Facsimile Number: (715) 876-5998 Phone Number: (715) 876-2532 If to Licensee:City of Grand Island Attn: Mayor 100 East First Street Grand Island, NE 68802 Phone Number: (308) 385-5444 Grand Island Council Session - 4/9/2019 Page 231 / 254 5 Either party may by like notice at any time and from time to time designate a different address to which notices shall be sent. Such notices, demands or declarations shall be deemed sufficiently served or given for all purposes hereunder at the time they shall be mailed by United States certified mail, overnight courier or facsimile as aforesaid. Notwithstanding the foregoing, at Licensor’s option monthly account statements, invoices, and similar correspondence may be delivered to Licensee via email. 17.Licensee shall be in default in the event that Licensee: fails in the payment of utilities or taxes or fails in any other charge hereunder; or fails to comply with any other term or condition of this Agreement; or fails to leave the Licensed Area at the end of the Term in the original or better condition; or permits a lien to be filed against the Licensed Area. In the event of any default Licensor shall, at its option, have the right to terminate this Agreement, in addition to any other remedies which are available to Licensor. Licensor will charge Licensee a monthly delinquency charge of 1 1/2% per month (186% A.P.R.) on any fees, taxes or other charges to be paid by Licensee under this Agreement that are overdue and such charge will be paid by Licensee. In addition, Licensor shall also be entitled to receive from Licensee collection costs and attorney fees totaling not less than fifteen percent (15%) of the unpaid balance if delinquencies are referred for collection. In the event that Licensee is in default under any other agreement entered into between Licensor and Licensee, then Licensee shall also be in default under this Agreement and Licensor shall, at its option, have the right to terminate this Agreement, in addition to any other remedies which are available to Licensor. [SIGNATURES APPEAR ON FOLLOWING PAGE(S)] Grand Island Council Session - 4/9/2019 Page 232 / 254 6 IN WITNESS WHEREOF, each of the parties hereto has caused this Limited License Agreement to be signed and executed on its behalf as of the day and year first above written. Date: ________________, 2018 LICENSEE:CITY OF GRAND ISLAND By: _________________________ Name: _______________________ Its: _________________________ Date: ________________, 2018 LICENSOR:MENARD, INC. By: _________________________ Theron J. Berg Real Estate Manager Grand Island Council Session - 4/9/2019 Page 233 / 254 7 EXHIBIT A Grand Island Council Session - 4/9/2019 Page 234 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-133 WHEREAS, on November 14, 2017, Council approved and adopted Ordinance No. 9666 regarding the sale of the following-described real estate to Menard, Inc.: Lot One (1) in State Subdivision in the City of Grand Island, Hall County, Nebraska; and WHEREAS, notice of the sale was published as required by law and no or insufficient remonstrance was received; and WHEREAS, the sale and closing is contingent upon the parties mutual agreement to the plans, specifications, and development agreement for a new Fire Station and appurtenances to be constructed by Menard, Inc., at its sole cost, upon City-owned property located at 13th Street and North Road; and WHEREAS, City Staff have reviewed and approved the building and site improvement plans, specifications, and development agreement and recommend approval of the same by Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the building and site improvement plans, specifications, and development agreement for Fire Station #4 to be constructed at 13th Street and North Road are approved. The Mayor of Grand Island should be, and hereby is, authorized to execute said development agreement, the limited license agreement, and to execute a deed conveying to Menard, Inc., the above-described real estate, and to take such other necessary actions with respect to closing the real estate transaction including, but not limited to, delivery of a properly executed warranty deed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. ___________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 235 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item G-19 #2019-101 - Approving Preliminary Plat, Final Plat and Subdivision Agreement for Talon Apartments Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 4/9/2019 Page 236 / 254 Council Agenda Memo From: Regional Planning Commission Meeting: April 9, 2019 Subject: Talon Apartments Second Subdivision – Preliminary and Final Plat Presenter(s): Chad Nabity, AICP, Regional Planning Director Background This property is located north of U.S. Highway 34 and east of Locust Street in Grand Island, Nebraska. (14 lots, 13.820 acres). A replat of Part of Lot 1, Dessert Rose Subdivision, and all of Talon Apartments First Subdivision, Grand Island, Hall County, Nebraska. This property is zoned RD Residential Development Zone. Discussion The preliminary and final plats for Talon Apartments Second Subdivision was considered by the Regional Planning Commission at the March 13, 2019 meeting. A motion was made by Ruge and second by Rainforth to approve the rezone of Talon Apartments First Subdivision as shown on the proposed development plan from RD Residential Development Zone to Amended RD Residential Development Zone including the preliminary and Final Plat. The motion carried with ten members in favor (Nelson, Allan, O’Neill, Ruge, Maurer, Robb, Rubio, Monter, Rainforth and Kjar) no members voting no. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 4/9/2019 Page 237 / 254 Recommendation City Administration recommends that Council approve the preliminary and final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 4/9/2019 Page 238 / 254 Grand Island Council Session - 4/9/2019 Page 239 / 254 Developer/Owner Talon Apartments INC. 1603 Coventry Lane Grand Island, NE 68801 To create reconfigure 6 lots into 7 lots and Outlot A lots west of Locust Street and north of Husker Highwy in the Grand Island, Nebraska. Size: 14 lots 13.820 acres Zoning: RD Residential Development Road Access: All Access is from existing City Streets and internal private drives. Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 4/9/2019 Page 240 / 254 SOUTH LOCUST STREETU.S. HIGHWAY 34 N87°35'47"W 298.38'(M,P) 298.10'(R1) 298.11'(R2,P2) N84°31'39"W 522. 0 5 ' ( M , P ) 522.22'(R1) 522.01 ' ( R 2 ) 5 2 2 . 1 0 ' ( P 2 ) N6 3 ° 3 6 ' 5 1 " W 1 7 4 . 4 5 ' ( M , D , R ) 174 . 3 6 ' ( P 1 ) N 4 2 ° 3 3 ' 4 0 "W 1 9 3 . 3 4 ' (M )S01°01'47"E 581.82'(M,P) 581.92'(R1) 581.70'(R2) 581.81'(P2)N27°23 '18 "W 61 .22 ' (M )N04°43'18"W 182.51'(M)S89°40'44"E 83.91'(M) N00°19'10"E70.00'(M)S89°40'50"E 289.93'(M)N89°17'54"E 513.16'(M,P) 513.20'(P2) N61°2 9' 4 4 " E 2 3 9. 8 6' ( M, P) 2 4 0. 0 4'( P 2 )131.61'(P2) 131.47 '(M,P)S17°27'00"E LOT 3 LOT 9 LOT 7 LOT 8 LOT 6 LOT 5 LOT 4LOT 2 LOT 1 LOT 10OUTLOT A LOT 11 LOT 12 LOT 13 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street Grand Island Council Session - 4/9/2019 Page 241 / 254 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street Grand Island Council Session - 4/9/2019 Page 242 / 254 Approved as to Form ¤ ___________ March 25, 2019 ¤ City Attorney R E S O L U T I O N 2019-101 WHEREAS Talon Apartments, INC, being the said owners of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “TALON APARTMENTS SECOND SUBDIVISION”, a replat of part of lot 1, Dessert Rose Subdivision, and all of Talon Apartments First Subdivision, in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; 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, 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 herein before 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 TALON APARTMENTS SECOND 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, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 243 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item I-1 #2019-134 - Consideration of Amendment to the Redevelopment Plan for CRA No. 1 located at 304 West Third Street (Amur Real Estate 1) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Chad Nabity Grand Island Council Session - 4/9/2019 Page 244 / 254 Approved as to Form ¤ ___________ April 5, 2019 ¤ City Attorney R E S O L U T I O N 2019-134 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 1 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: to acquire, rehabilitate and reconstruct the center portion of the Wells Fargo Building 304-306 W 3rd Street in Grand Island for commercial uses. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Grand Island Council Session - 4/9/2019 Page 245 / 254 2 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 1 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a.That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b.That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c.The Mayor and City Clerk are authorized and directed to execute and file or cause to be filed with the Treasurer and Assessor of Hall County, Nebraska, an Grand Island Council Session - 4/9/2019 Page 246 / 254 3 Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. 4.The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/9/2019 Page 247 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item I-2 #2019-135 - Consideration of Referring Un-annexed Area of the Central Nebraska Veterans Home Property to the City Council for Consideration of Annexation Staff Contact: Chad Nabity Grand Island Council Session - 4/9/2019 Page 248 / 254 Council Agenda Memo From:Chad Nabity, Regional Planning Director Meeting:April 9, 2019 Subject:Consideration of Annexation of Portions of the Central Nebraska Veterans Home Property in Section 5, Township 11 North Range 9 West of the 6th P.M. and adjacent Right-of-Way not already in the City Limits Presenter(s):Chad Nabity, Regional Planning Director Background In March of 2016 the Grand Island City Council approved a Memorandum of Agreement with the State of Nebraska to accept the Central Nebraska Veteran’s Home property in two phases. The Phase 1 property was received by the City of Grand Island on April 20, 2016 and the deed to the property was recorded. Any owner of property located adjacent to or contiguous with the municipal limits of the City of First Class may request that such property be annexed into the City. The City of Grand Island as the owner of the property in question may petition the City Council to consider annexation. Portions of this property have been previously annexed but one portion in north of the rail road tracks and west of Eagle Scout Park and the Veteran’s Ball Fields remains outside the city limits. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. Since the City is the owner of this property and as the owner is requesting this annexation, the City can consider an ordinance to annex this property at a future meeting. Based on the requirements outlined in §16-117 (7) the City can consider an ordinance for annexation and pass that ordinance after three reading by Council. City staff will prepare an annexation ordinance for consideration at the meetings schedule for April 23, 2019, May 14, 2019 and May 28, 2019. Grand Island Council Session - 4/9/2019 Page 249 / 254 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 Administration recommends that the City, as owner of the property, petition for annexation of the property owned by the City and that the Council direct staff to bring forward an annexation ordinance for this property following the procedures outlined in Nebraska Revised Statute §16-117. Sample Motion Move to petition for annexation and direct Staff to prepare an ordinance to that effect. Grand Island Council Session - 4/9/2019 Page 250 / 254 R E S O L U T I O N 2019-135 WHEREAS, in March of 2016 the Grand Island City Council approved a memorandum of agreement with the State of Nebraska providing for conveyance of the Phase 1 property of the Central Nebraska Veterans Home; and WHEREAS, the City is the current owner of the Phase I Property, including the property identified and described in Exhibit A; and WHEREAS, the property described in Exhibit A is adjacent to and contiguous with the Municipal Limits of the City of Grand Island; and WHEREAS, pursuant to Nebraska State Statute §16-117 (7), the owner of property that is adjacent to and contiguous with the Municipal Limits of a City of the First Class may petition for annexation of said property; and WHEREAS, the City of Grand Island, as owner of record, hereby petitions for annexation of the property identified as described in Exhibit A and as shown on the map Exhibit B including all property owned by the City of Grand Island along with any adjacent road right-of-way as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the annexation petition is hereby approved, with an annexation ordinance to be brought forward at a future council meeting. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 9, 2019. ________________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ April 4, 2019 ¤ City Attorney Grand Island Council Session - 4/9/2019 Page 251 / 254 Exhibit A A description of the property owned by the City of Grand Island located in Section 5, Township 11 north Range 9 west of the 6th P.M. in Hall County Nebraska along with all adjacent road rights-of-way more particularly described as: Beginning at the northeast property corner of Lot 2 Schumman Subdivision and proceeding in a northerly direction along the west line of Section 5, Township 11 north, Range 9 west of the 6th P.M. to the northeast corner of Lot 1 Lawton Subdivision, thence in a westerly direction to the northwest corner of Lot 1 Lawton Subdivision the edge of the Webb Road right of way, thence northerly along the Webb Road right of way to the Intersection of the Webb Road and Airport Road right of way, thence easterly to the west line of parcel 400187192 owned by the Nebraska Department of Transportation as right of way for U.S. Highway 281, thence north to the northwest corner of the Nebraska Department of Transportation right of way, thence easterly along the north right of way line to the current municipal limits of the City of Grand Island, thence in a southwesterly direction to a point at the southeast corner of parcel 400187192 owned by the Nebraska Department of Transportation as right of way for U.S. Highway 281, thence in a southerly direction along the municipal limits line of the City of Grand Island to the northerly right of way line of Old Nebraska Highway 2, thence in a northwesterly direction along the north right of way line of Old Nebraska Highway 2 to the west line of Section 5, Township 11 north, Range 9 west of the 6th P.M., thence north along the west line of Section 5, Township 11 north, Range 9 west of the 6th P.M. to the point of beginning. Grand Island Council Session - 4/9/2019 Page 252 / 254 Exhibit B Grand Island Council Session - 4/9/2019 Page 253 / 254 City of Grand Island Tuesday, April 9, 2019 Council Session Item J-1 Approving Payment of Claims for the Period of March 27, 2019 through April 9, 2019 The Claims for the period of March 27, 2019 through April 9, 2019 for a total amount of $3,856,406.90. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 4/9/2019 Page 254 / 254