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11-10-2020 City Council Regular Meeting Packet City of Grand Island Tuesday, November 10, 2020 Council Session Agenda City Council: Jason Conley Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Clay Schutz Justin Scott Mark Stelk Mayor: Roger G. Steele City Administrator: Jerry Janulewicz City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street, Grand Island, NE 68801 Grand Island Council Session - 11/10/2020 Page 1 / 330 City of Grand Island Tuesday, November 10, 2020 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 Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 11/10/2020 Page 2 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item E-1 Public Hearing on Acquisition of Utility Easement - 3935 S. Locust Street (Frank C. Skrupa Trustee) Council action will take place under Consent Agenda item G-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/10/2020 Page 3 / 330 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:November 10, 2020 Subject:Acquisition of Utility Easement – 3935 S. Locust - Skrupa 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 a ten (10.0) foot utility easement relative to the property of Frank C. Skrupa, Trustee, and his successors in Trust, under the Rosemary M. Skrupa Family Trust, a Subtrust of the Rosemary M. Skrupa Revocable Trust, dated June 30, 2000 as stated on October 23, 2013, located through a part of the South Half of the Southwest Quarter (S ½, SW ¼), of Section Thirty-Four (34), Township Eleven (11) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska (3935 S. Locust Street), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Hooker Brothers Sand & Gravel, Inc., is relocating their office building and main pump staging area located at 3935 South Locust Street. Crews will install 3,000 feet of 4” PVC conduit, 2,800 feet of 2” PVC conduit, 3,250 feet of 1/0 cable, three high voltage terminals, and two transformers to accommodate the relocation. 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 - 11/10/2020 Page 4 / 330 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 11/10/2020 Page 5 / 330 Grand IslandCouncil Session - 11/10/2020Page 6 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - 710 Allen Drive (Allen Phase II, LLC & Nebraska Tunnel Wash I, LLC) Council action will take place under Consent Agenda item G-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/10/2020 Page 7 / 330 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:November 10, 2020 Subject:Acquisition of Utility Easement – 710 Allen Drive – Allen Phase III, LLC 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 a twenty (20.0) foot utility easement relative to the property of Allen Phase III, LLC and NE Tunnel Wash I, LLC, located through a part of Lot Two (2), Meadowlark West Tenth (10th) Subdivision, in the City of Grand Island, Hall County, Nebraska (710 Allen Drive), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Tommy’s Car Wash has requested a new underground electrical service for their new commercial business located at 710 Allen Drive. A new high voltage terminal, a three- phase pad-mount transformer, and 320’ of 4” conduit with 1/0 cable will be installed to accommodate the new service. The proposed easement tract 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 - 11/10/2020 Page 8 / 330 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 11/10/2020 Page 9 / 330 Grand IslandCouncil Session - 11/10/2020Page 10 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement in Bosselville Fifth Subdivision- 3502 West Wood River Road (Bosselman, Inc.; Parcel No. 400406772) Council action will take place under Consent Agenda item G-11. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 11 / 330 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 10, 2020 Subject:Public Hearing on Acquisition of Utility Easement in Bosselville Fifth Subdivision- 3502 West Wood River Road (Bosselman, Inc.; Parcel No. 400406772) Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public easement is needed to accommodate utilities for development within Bosselville Fifth Subdivision. This subdivision is located north of Interstate 80, west of US Highway 281. A sketch is attached to show the easement area. Discussion To allow for the accommodation of public utilities to serve Bosselville Fifth Subdivision it is requested that an easement be acquired by the City of Grand Island according to the attached sketch. There will be no cost of such easement to the City. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/10/2020 Page 12 / 330 Recommendation City Administration recommends that the Council approve the public easement. Sample Motion Move to approve the public easement. Grand Island Council Session - 11/10/2020 Page 13 / 330 Grand Island Council Session - 11/10/2020 Page 14 / 330  Grand IslandCouncil Session - 11/10/2020Page 15 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item E-4 Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions at 4010 Driftwood Drive (Shriner) and 818 N North Road (56 Land & Cattle Co., Inc.) Council action will take place under Consent Agenda item G-13. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 16 / 330 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 10, 2020 Subject:Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions at 4010 Driftwood Drive (Shriner) and 818 N North Road (56 Land & Cattle Co., Inc.) 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 within the new subdivision of Ellington Pointe and the existing subdivision of Westwood Park (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. The Engineering Division of the Public Works Department received a petition for creation of a Sanitary Sewer District to serve the new subdivision of Ellington Pointe and the existing subdivision of Westwood Park. Sanitary Sewer District No. 544 was created by the City Council on January 28, 2020, via Ordinance No. 9755. Legal notice of the creation of the District was published in the Grand Island Independent on February 3, 2020, with notification mailed to all involved property owners. City Council continued the creation of Sanitary Sewer District No. 544 on March 24, 2020, via Resolution No. 2020-78, with only one (1) protest being filed against this district. The owner represented 120.00 front feet, or 1.76% of the total district frontage of 6,802.11 feet. Discussion Public easements are needed to accommodate the construction of Sanitary Sewer District No. 544; Ellington Pointe & Westwood Park Subdivisions. The property owners have signed the necessary documents to grant the property, as shown on the attached drawing, at no cost. Grand Island Council Session - 11/10/2020 Page 17 / 330 Property Owner Legal Description Robert L Shriner, Jr. and Dee Ann Shriner THE EAST FOURTEEN (14) FEET OF LOT TWO (2) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. 56 Land & Cattle Co., Inc. A 20-FOOT-WIDE PERMANENT UTILITY EASEMENT COMPRISING OF A PART OF PT S ½, NE ¼, SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 42, WESTWOOD PARK SUBDIVISION, THENCE N90o00’00”E, A DISTANCE OF SIX AND FIVE TENTHS (6.50) FEET; THENCE S00o00’00”E, A DISTANCE OF FIFTEEN (15) FEET; THENCE N90o00’00”W, A DISTANCE OF TWENTY (20) FEET; THENCE N00o00’00”E, A DISTANCE OF FIFTEEN (15) FEET; THENCE ALONG THE SOUTH LINE OF LOT 42, WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”E, A DISTANCE OF THIRTEEN AND FIVE TENTHS (13.50) FEET TO THE POINT OF BEGINNING AND CONTAINING 300.00 SQUARE FEET MORE OR LESS. AND A 8-FOOT-WIDE PERMANENT UTILITY EASEMENT COMPRISING OF A PART OF PT S ½, NE ¼, SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 41, WESTWOOD PARK SUBDIVISION; THENCE S00o00’00”E ALONG THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET TO THE SOUTHEAST CORNER OF LOT 33 WESTWOOD PARK SUBDIVISION; THENCE S90o00’00”E, A DISTANCE OF EIGHT (8) FEET; THENCE N00o00’00”E PARALLEL WITH THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET; THENCE ALONG THE SOUTH LINE OF LOT 41, WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”W, A DISTANCE OF EIGHT (8) FEET TO THE POINT OF BEGINNING CONTAINING 2896.000 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 Motion to approve the acquisition of the necessary permanent utility easements. Grand Island Council Session - 11/10/2020 Page 18 / 330 LOT 1WESTWOOD PARK SUBDIVISIONLOT 2WESTWOOD PARK SUBDIVISIONLOT 3OUTLOT A20' PROPOSED TEMPORARY EASEMENT14' PROPOSED PERMANENT EASEMENTN02040GRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB. - LOT 28' EXISTING EASEMENT4' EXISTING EASEMENTNORTH ROADDRIFTWOOD DRIVETEMPORARY CONSTRUCTION EASEMENT #2 DESCRIPTIONPERMANENT UTILTIY EASEMENT #2 DESCRIPTIONSUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT TWO (2) IN WESTWOOD PARK NEBRASKA PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, THE EAST FOURTEEN (14) FEET OF LOT TWO (2) IN WESTWOOD PERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGEND2PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 19 / 330 Grand Island Council Session - 11/10/2020 Page 20 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item F-1 #9773 - Consideration of Approving Annexation of Property being Platted as Brooklyn Subdivision an Addition to the City of Grand Island (Final Reading) Staff Contact: Chad Nabity Grand Island Council Session - 11/10/2020 Page 21 / 330 Council Agenda Memo From:Regional Planning Commission Meeting:November 10, 2020 Subject:An Ordinance to Include Brooklyn Subdivision as an Addition to the City of Grand Island, Nebraska and the Adjoining Right-of-Way Presenter(s):Chad Nabity, AICP Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that any and all property subdivided adjacent to the Corporate Limits of the City of Grand Island be annexed into the City at the time of subdivision approval. Gerald L. Dean and Pamela K Dean, husband and wife, as owners of the property submitted a plat of Brooklyn Subdivision an Addition to the City of Grand Island. The Hall County Regional Planning Commission recommended approval of the subdivision at their meeting on June 3, 2020. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the third reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of that property. Annexation of this property will not result in the extension of the Grand Island Zoning Jurisdiction. Two residential lots would be added to the City as a result of this annexation. This property is located west of St. Paul Road where it intersects with Dean Street east of and contiguous with Capital Mobile Home Park. Grand Island Council Session - 11/10/2020 Page 22 / 330 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on third reading. Grand Island Council Session - 11/10/2020 Page 23 / 330 Grand Island Council Session - 11/10/2020 Page 24 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney ORDINANCE NO. 9773 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Brooklyn Subdivision and all adjoining right-of-way in Hall County, Nebraska as more particularly described hereinafter and as shown on the subdivision plat and more particularly described in Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after Gerald L. Dean and Pamela K. Dean, husband and wife, as owner of the property submitted a plat of Brooklyn Subdivision an Addition to the City of Grand Island for approval; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island requires that owners of property proposed for subdivision adjacent to the Corporate Limits submit such subdivisions as additions to the City; and * This Space Reserved For Register of Deeds * Grand Island Council Session - 11/10/2020 Page 25 / 330 ORDINANCE NO. 9773(Cont.) - 2 - WHEREAS, according to NRSS §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and WHEREAS, on June 9, 2020 the City Council of the City of Grand Island held and considered such annexation and approved such annexation on first reading, approved such annexation on second reading on July 14, 2020, and approved such annexation on third and final reading on November 10, 2020. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience Grand Island Council Session - 11/10/2020 Page 26 / 330 ORDINANCE NO. 9773(Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Grand Island Council Session - 11/10/2020 Page 27 / 330 ORDINANCE NO. 9773(Cont.) - 4 - Enacted: November 10, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 28 / 330 ORDINANCE NO. 9773(Cont.) - 5 - Exhibit A LEGAL DESCRIPTION A tract of land comprising the South Five (5.0) acres of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), and the North Five (5.0) acres of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: Beginning at a point on the east line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), said point being One Thousand One Hundred Fifteen and Twenty Eight Hundredths (1,115.28) feet south of the northeast corner of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), said point also being the southeast corner of Pollock Subdivision; thence running southerly, along and upon the east line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), and along and upon the east line of of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), a distance of Three Hundred Twenty Nine and Eighty Nine Hundredths (329.89) feet; thence deflecting right 91°27'37" and running westerly, a distance of One Thousand Three Hundred Thirty Six and Sixteen Hundredths (1,336.16) feet to a point on the west line of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4); thence deflecting right 88°44'43" and running northerly, along and upon the west line of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), and along and upon the west line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), a distance of Three Hundred Twenty Nine and Nine Hundredths (329.09) feet to the southwest corner of said Pollock Subdivision, thence deflecting right 91°13'19" and running easterly, along and upon the south line of said Pollock Subdivision, a distance of One Thousand Three Hundred Thirty Four and Ninety Six Hundredths (1,334.96) feet to the point of beginning. Along with all Additional dedicated rights-of-way. Actual tract containing 10.099 acres, more or less. Grand Island Council Session - 11/10/2020 Page 29 / 330 ORDINANCE NO. 9773(Cont.) - 6 - Grand Island Council Session - 11/10/2020 Page 30 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item F-2 #9795 - Consideration of Approving Annexation of Property Located at 4127 West Husker Highway - Leaman Acres Subdivision (Second Reading) Staff Contact: Chad Nabity Grand Island Council Session - 11/10/2020 Page 31 / 330 Council Agenda Memo From:Regional Planning Commission Meeting:November 10, 2020 Subject:An Ordinance to include Leaman Acres Subdivision as an Addition to the City of Grand Island, Nebraska and the adjoining right-of -way Presenter(s):Chad Nabity, AICP Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that any and all property subdivided adjacent to the Corporate Limits of the City of Grand Island be annexed into the City at the time of subdivision approval. Michael T. Leaman and Ralisa E. Leaman husband and wife, as owners of the property submitted a plat of Leaman Acres Subdivision an Addition to the City of Grand Island. The Hall County Regional Planning Commission recommended approval of the subdivision at their meeting October 7, 2020. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the first reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of that property. Annexation of this property will not result in the extension of the Grand Island Zoning Jurisdiction. Three residential lots would be added to the City as a result of this annexation. This property is located south of Husker Highway and east of Graham Avenue. Grand Island Council Session - 11/10/2020 Page 32 / 330 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on second reading. Grand Island Council Session - 11/10/2020 Page 33 / 330 Grand Island Council Session - 11/10/2020 Page 34 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9795 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Leaman Acres Subdivision and all adjoining right-of-way in Hall County, Nebraska as more particularly described hereinafter and as shown on the subdivision plat and more particularly described in Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after Michael T. Leaman and Ralisa E. Leaman., as owners of the property submitted a plat of Leaman Acres Subdivision an Addition to the City of Grand Island for approval; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island requires that owners of property proposed for subdivision adjacent to the Corporate Limits submit such subdivisions as additions to the City; and Grand Island Council Session - 11/10/2020 Page 35 / 330 ORDINANCE NO. 9795 (Cont.) - 2 - WHEREAS, according to NRSS §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and WHEREAS, on October 27, 2020 the City Council of the City of Grand Island considered such annexation and approved such annexation on first reading and on November 10, 2020 approved such annexation on second reading and on November 24, 2020 approved such annexation on third and final reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience Grand Island Council Session - 11/10/2020 Page 36 / 330 ORDINANCE NO. 9795 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Grand Island Council Session - 11/10/2020 Page 37 / 330 ORDINANCE NO. 9795 (Cont.) - 4 - Enacted: November 10, 2020 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 38 / 330 ORDINANCE NO. 9795 (Cont.) - 5 - Exhibit A LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 35, TOWNSHIP 11 NORTH, RANGE 10 WEST, OF THE 6TH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 35 (NORTH ¼ CORNER) THENCE S89°41’01”E (ASSUMED BEARING) ON THE NORTH LINE OF SAID NORTHWEST ¼ OF THE NORTHEAST ¼ A DISTANCE OF 943.57 FEET, THENCE S00°18’02”W A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING S00°18’02”W ON THE EAST LINE OF BLOCK 2 FIRESIDE ESTATES SUBDIVISION AND THE EAST LINE OF BLOCK 2 FIRESIDE ESTATES SECOND SUBDIVISION A DISTANCE OF 1279.89 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 2 FIRESIDE ESTATES SECOND SUBDIVISION AND ALSO BEING THE NORTHWEST CORNER OF LOT 20 WESTROADS ESTATES THIRD SUBDIVISION, THENCE S89°24’08”E ON THE NORTH LINE OF SAID WESTROADS ESTATES THIRD SUBDIVISION A DISTANCE OF 334.94 FEET, THENCE N00°39’26”E ON A LINE PARALLEL WITH AND 33.00 FEET WEST OF THE EAST LINE OF SAID NORTHWEST ¼ OF THE NORTHEAST ¼ A DISTANCE OF 1281.55 FEET TO THE SOUTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, THENCE N89°41’01”W ON SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 342.91 FEET TO THE POINT OF BEGINNING, CONTAINING 9.96 ACRES MORE OR LESS. Grand Island Council Session - 11/10/2020 Page 39 / 330 ORDINANCE NO. 9795 (Cont.) - 6 - Grand Island Council Session - 11/10/2020 Page 40 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item F-3 #9801 - Consideration of Vacation of Utility Easements at 2208 North Webb Road Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/10/2020 Page 41 / 330 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:November 10, 2020 Subject:Ordinance #9801 - Consideration of Vacation of Utility Easements – 2208 N. Webb Road Presenter(s):Timothy Luchsinger, Utilities Director Background There are two unoccupied sixteen (16.0) foot wide utility easements located in part of Lot One (1), Grand Island Mall Nineteenth Subdivision, in the City of Grand Island, Hall County, Nebraska that need to be vacated. Discussion The Northwest Commons Business Condominiums (former Shopko) located at 2208 North Webb Road is in the process of being remodeled. A new electrical service has been installed west of the building in a newly acquired easement. The old electrical service has been removed from the two easements to be vacated. The vacation of these two easements will allow the owner/developer to proceed with future development. 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 Ordinance, and that the described easements be vacated. Grand Island Council Session - 11/10/2020 Page 42 / 330 Sample Motion Move to approve the Ordinance and vacate the utility easements as described in Document No. 202004330 (Exhibit A). Grand Island Council Session - 11/10/2020 Page 43 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney ORDINANCE No. 9801 An ordinance to vacate two existing sixteen (16.0) foot wide Utility Easements as shown on the recorded plat in Instrument Number 202004330, being Grand Island Mall Nineteenth Subdivision, recorded in the Hall County, Nebraska Register of Deeds Office, and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; and to provide for the publication and the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the two sixteen (16.0) foot wide utility easements and right-of-way tracts located in part of the Grand Island Mall Nineteenth Subdivision, in the City of Grand Island, Hall County, Nebraska to be vacated being more particularly described as follows: TRACT 1 The easterly sixteen (16.0) feet of the westerly sixty-two and two hundredths (62.2) feet of the southerly two hundred sixty-eight and seventy-eight hundredths (268.78) feet of Lot One (1), Grand Island Mall Nineteenth Subdivision, in the City of Grand Island, Hall County, Nebraska. TRACT 2 The northerly line of a sixteen (16.0) foot wide tract being more particularly described as follows: THIS SPACE RESERVED FOR REGISTER OF DEEDS Grand Island Council Session - 11/10/2020 Page 44 / 330 ORDINANCE NO. 9801 (Cont.) Beginning at a point on the southerly line of Lot One (1), Grand Island Mall Nineteenth Subdivision, in the City of Grand Island, Hall County, Nebraska, said point also being the Northeast corner of Lot Two (2), Grand Island Mall Sixteenth Subdivision; thence running in a northwesterly direction, a distance of three hundred twenty-eight and seventy-four hundredths (328.74) feet more or less, to a point on the easterly line of the previously described easement being vacated as TRACT 1, said point also being the Southwest corner of an existing building. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of said Lot One (1). Such Utility Easement to be vacated as shown on Exhibit “A” attached hereto dated 10/27/2020 and incorporated herein by reference. SECTION 2. This Ordinance is hereby directed to be recorded in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall be in force and take effect from and after its passage and publication within fifteen (15) days in one issue of the Grand Island Daily Independent as provided by law. Enacted: November 10, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 45 / 330 Grand IslandCouncil Session - 11/10/2020Page 46 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item F-4 #9802 - Consideration of Amending Chapter 8 of the Grand Island City Code to Adopt the 2018 International Building Code, 2018 International Residential Code and 2018 International Existing Building Code Staff Contact: Craig Lewis Grand Island Council Session - 11/10/2020 Page 47 / 330 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:November 10, 2020 Subject:Amendment to Chapter 8 of the Grand Island City Code to Adopt the 2018 International Building Code, the 2018 International Residential Code, and the 2018 International Existing Building Code Presenter(s):Craig Lewis, Building Department Director Background The City of Grand Island has for generations adopted and enforced building codes which regulate the construction of buildings within the City and jurisdictional areas. The purpose of these codes is to provide minimum requirements to safeguard the public safety, health and general welfare, through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conversation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. Discussion The City currently adopts and enforces the 2015 Edition of the International Building and Residential Codes as published by the International Code Council. The Building Code Advisory Board has recently reviewed the 2018 editions of these two codes and recommends their adoption with the revisions as outlined in the attached amended Chapter 8 of the City Code. The Board has also reviewed the 2018 Edition of the International Existing Building Code which was eliminated from the building code and published as a separate document. The State of Nebraska does require that political subdivisions who enforce building codes adopt the State Building Code, which is the latest edition of the International codes. The 2018 edition is the latest edition. The 2021 editions are scheduled to be published early in 2021. Grand Island Council Session - 11/10/2020 Page 48 / 330 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request and amend the City Code to adopt the International Building and Residential codes. 2.Disapprove or /Deny the request. 3.Modify the conditional use to meet the wishes of the Council 4.Table the issue Recommendation City Administration recommends that Council approve the recommendation of the Building Code Advisory Board and amend Chapter 8 to adopt the 2018 International Building Code, the 2018 International Residential Code, and the 2018 International Existing Building Code and begin enforcement January 1, 2021. Sample Motion Move to approve amending Chapter 8 of the Grand Island City Code and adopting the 2018 Editions of the International Building, Residential, and Existing Building Codes. Grand Island Council Session - 11/10/2020 Page 49 / 330 ORDINANCE NO. 9802 An ordinance to amend Chapter 8 of Grand Island City Code; to amend Sections 8-1 – 5, 8-7, 8-20.1 and 8-21; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 8-1 – 5, 8-7, 8-20.1 and 8-21 of the Grand Island City Code Chapter 8 are amended to read as follows: §8-1. International Building Code (IBC) Adopted The International Building Code, 2018 Edition, published by the International Code Council, is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. The following sections of the Appendix shall also be adopted: Appendix C Group U – Agricultural Buildings Appendix I – Patio Covers One copy of the International Building Code, 2018 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by law. §8-2. International Residential Code (IRC) Adopted The International Residential Code, 2018 Edition, published by the International Code Council, is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. One copy of the International Residential Code, 2018 Edition, and all supplements or amendments thereto shall be filed in the office of the City Clerk as provided by law. §8-3. International Building Code (IBC) and International Residential Code (IRC); Standards Adopted The following standards shall be used with the International Building Code and the International Residential Code adopted by §8-1 and §8-2 above: Acceptable Wind Load Design Procedures: 2018 I.B.C. - Basic Wind Speed The ultimate design wind speed shall be 120 mph, in risk category II,III,&IV. Approved as to Form ¤ ___________ November 4, 2020 ¤ City Attorney Grand Island Council Session - 11/10/2020 Page 50 / 330 ORDINANCE NO. 9802 (Cont.) - 2 - Exposure C only Roof Snow Load - 30 pounds per sq. ft. Frost Depth - 36 inch minimum Seismic Design Category A, Site Class D IRC, Table R301.5 Amend live load for sleeping rooms from 30 pounds to 40 pounds per square foot. §8-4. IBC - Certain Sections Not Adopted It is especially provided that the following chapters, sections, and tables of the International Building Code are not adopted or approved, and the same shall be of no force and effect: Chapter 1 Section 101.4.1 Gas Section 101.4.2 Mechanical Section 101.4.3 Plumbing Section 101.4.4 Property Maintenance Section 101.4.6 Energy Section 103 Department of Safety Section 106 Floor and Roof design Loads Section 107.2.6.1 Design Flood Elevations Section 108 Temporary Structures and Uses Section 113 Board of Appeals Chapter 13 – Energy Efficiency Section 1612 Flood Loads Section 1809.5 – Frost Protection; #2 Constructing in accordance with ASCE-32, and Exception: 1,2,3. Chapter 27 – Electrical Chapter 28 – Mechanical Chapter 30 – Elevators and Conveying Systems Chapter 32 – Encroachments into the Public Right-of-Way Chapter 33 – Safeguards During Construction Chapter 34 – Reserved Appendix A Employee Qualifications Appendix B Board of Appeals Appendix D Fire Districts Appendix E Supplementary Accessibility Requirements Appendix F Rodent Proofing Appendix G Flood-Resistant Construction Appendix H Signs Appendix J Grading Appendix K Administrative Provisions Appendix L Earthquake Recording Instrumentation Appendix M Tsunami-Generated Flood Hazard Appendix N Replicable Buildings Grand Island Council Session - 11/10/2020 Page 51 / 330 ORDINANCE NO. 9802 (Cont.) - 3 - §8-5. IRC – Certain Sections and Parts Not Adopted It is especially provided that the following parts, chapters, and sections of the International Residential Code are not adopted or approved, and the same shall be of no force and effect: Section R105.3.1.1 Determination of Substantially improved or substantially damaged existing buildings in flood hazard areas. Section R107 – Temporary Structures and Uses Section R109.1.3 – Floodplain Inspections Section R112 – Board of Appeals Section 313 Automatic Fire Sprinkler Systems Section R322 – Flood-Resistant Construction Section R403.1.4.1 Frost Protection; 2. Constructing in Accordance with Section R403.3 Section R403.1.4.1 Frost Protection; 3. Constructing in Accordance with ASCE 32. Section R403.1.4.1 Frost Protection; Exceptions: 1, 2, & 3 Section R403.3 – Frost Protected Shallow Foundations Section R403.3.1 – Foundations Adjoining Frost Protected Shallow Foundations Section R403.3.1.1 – Attachment to Unheated Slab-on Ground Structure Section R403.3.1.2 – Attachment to Heated Structure Section R403.3.2 – Protection of Horizontal Insulation Below Ground Section R403.3.3 – Drainage Section R403.3.4 – Termite Protection Section R406.2 – Concrete and masonry foundation waterproofing Part IV - Energy Conservation Part V - Mechanical Part VI - Fuel Gas Part VII – Plumbing Part VIII – Electrical Appendices, A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P,Q,R,S &T §8-7. International Existing Building Code (IEBC) Adopted The International Existing Building Code, 2018 edition, published by the International Code Council is hereby adopted. One copy of the International Existing Building Code, 2018 edition, shall be filed in the office of the City clerk as provided by law. §8-20.1. IRC Section R908 & IBC Section 1511 Reroofing R908.3.2.2 & 1511.3.1 Roof recover not allowed. Amend by adding #2. Wood, wood shake, asphalt, & fiberglass. R908.3.1 & 1511.3.1, Roof recover. Delete #1. 8-21. Buildings Having Historical Significance Buildings or structures which have been designated by official action of the Grand Island City Council as having special historical or architectural significance may comply with Chapter 12 of the 2018 International Existing Building Code for historic buildings. Historical buildings shall be buildings which are currently listed on the National Register of Historical Buildings or are at least fifty years old and have one of the following Grand Island Council Session - 11/10/2020 Page 52 / 330 ORDINANCE NO. 9802 (Cont.) - 4 - characteristics: is associated with an important person or event which has contributed significantly to history, contains significant architectural or artistic design, or has significant archeological properties. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication pursuant to law beginning January 1, 2021. Enacted: November 10, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 53 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-1 Approving Minutes of October 27, 2020 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 11/10/2020 Page 54 / 330 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 27, 2020 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on October 27, 2020. Notice of the meeting was given in The Grand Island Independent on October 21, 2020. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Council President Mike Paulick, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton, Julie Hehnke, Clay Schutz, Mitch Nickerson, Justin Scott, and Chuck Haase. The following City Officials were present: City Administrator Jerry Janulewicz, Deputy City Clerk Jill Granere, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof and Public Works Director John Collins. BOARD OF EQUALIZATION: Motion by Haase, second by Hehnke to adjourn to the Board of Equalization. Motion adopted. #2020-BE-7 - Consideration of Determining Re-establishment of Tap Fees for Subdivided Lots in Bosselville Fifth Subdivision- Sanitary Sewer District No. 530T. Public Works Director John Collins reported that the Certificate of Final Completion for Sanitary Sewer District No. 530T was approved on November 22, 2016 with December 27, 2016 set as the date for Council to sit as the Board of Equalization. On December 17, 2019, via Resolution No. 2019-376, City Council approved the redistribution of sanitary sewer tap fees within the recently subdivided Bosselville Fifth Subdivision consisting of five (5) lots, with a portion of the parcel west of Lot One (1) being added to such subdivision and reduced in size. An additional tract of land has recently been subdivided and the individual lots need to have the appropriate connection fees re-established. Motion by Nickerson, second by Stelk to approve Resolution #2020-BE-7. Upon roll call vote, Conley, Minton and Nickerson voted aye. Haase, Hehnke, Jones, Paulick, Schutz, Scott and Stelk voted no. Motion failed. RETURN TO REGULAR SESSION: Motion by Paulick, second by Schutz to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from LPB, LLC for a Conditional Use Permit for Placement of a Soil and Groundwater Remedial System located at 704 West 3rd Street. Building Department Director Craig Lewis reported the request is for approval of a conditional use permit to allow for the placement of a soil vapor extraction trailer to facilitate the removal of free phase petroleum from soil and groundwater at 724 West 3rd Street. The site is currently zoned (B-3) Heavy Business. Trailers and temporary buildings are only allowed within this zoning classification if approved by the City Council in the form of a conditional use permit. This proposal is to allow Grand Island Council Session - 11/10/2020 Page 55 / 330 Page 2, City Council Regular Meeting, October 27, 2020 for the use of the trailer at the site to aid in the cleanup of soil and groundwater contaminates. Staff recommended approval. No public testimony was heard. Public Hearing on Request from Gerald and Pamela Dean for a Conditional Use Permit to Allow Livestock on Premises located at 2670 N. St. Paul Road. Building Department Director Craig Lewis reported this request is to utilize the newly amended zoning code which allows as a conditional use livestock on property zoned Large Lot Residential. Because the vacant lot would not have a permitted principal use and the keeping of livestock is not a listed permitted principal use the amendment to the zoning code allows as a conditional use the keeping of livestock. Staff recommended approval. Gerald Patterson, 2705 St. Paul Road spoke in support. No further public testimony was heard. Public Hearing on Zoning Change for property located at 4141 Montana Avenue from LLR Large Lot Residential Zone and RO Residential Office to Residential Office (FAmos Construction Inc.) Regional Planner Rashad Moxey reported an application has been made to rezone a tract of land consisting of a portion of Lot 13 of Northwest Gateway Subdivision, 4141 Montana Avenue in Grand Island, Hall County, Nebraska from LLR Large Lot Residential Zone and RO Residential Office to RO Residential Office. This property is south of Montana Avenue and west of Idaho Avenue. Rashad reported this property is zoned both LLR and RO the line between these was drawn prior to the subdivision of this property. The RO zoning included all of the property north of the northern property line of the lots on Utah west of Independence Avenue in the Capital Heights Eighth Subdivision. At the time of adoption this was the logical place to draw the boundary as this property was entirely unsubdivided. This rezoning will make the zoning on this lot consistent with the lot boundaries. Staff recommended approval. Bruce Bluhm, 3009 Colorado Avenue; David Warriner, 3008 Idaho Avenue; Barb Klein; 3030 Idaho Avenue; Christy Ericson; 3020 Idaho Avenue; Joe Ferris, 3024 Idaho Avenue spoke in opposition. Amos Anson, 4234 Arizona Avenue spoke in support. No further testimony was heard. Public Hearing on Changes to Chapter 36 of the Grand Island City Code Relative to Definitions, Yard Requirements and Off Street Parking Requirements. Regional Planner Rashad Moxey reported that the Planning Department and Building Department are suggesting changes to the following sections of the Zoning Regulations: Section 36-108 (S) Definitions to harmonize the definition of Street Frontage and to rearrange other Street Definitions to eliminate confusion between Chapter 33 and 36 of the City Code; and sections 36-22 Yard Requirements and 36-96 Off Street Parking Requirements by repealing changes made in June of 2018. The purpose of this change was to avoid situations created by the Heavenly Haven Subdivision where the street frontage along Blaine Street while technically present did not provide any possibility of actual vehicular access to the property without either a bridge or ferry. The intent of these changes was to make sure that there was adequate space between the overhead garage door and the property line for a car to park in front of the garage. While the intent of this was good this has resulted in lots, especially in the older parts of town that are very difficult to build on or add a detached garage on. Staff is recommending that we roll back the change that were Grand Island Council Session - 11/10/2020 Page 56 / 330 Page 3, City Council Regular Meeting, October 27, 2020 made in 2018 and allow these lots to develop based on the setbacks in each zoning district as we had for decades prior to the 2018 change. Staff recommended approval. No public testimony was heard. ORDINANCES: #9791 - Consideration of Approving Annexation of Property Located at Capital Avenue and Engleman Road NWE North Subdivision (Final Reading). Regional Planner Rashad Moxey reported that Mettenbrink Family Investments LLC, owners of the property, submitted a plat of NEW North Subdivision an Addition to the City of Grand Island. Annexation of this property would not result in the extension of the Grand Island Zoning Jurisdiction. This property is located west of Engleman Road and north of Capital Avenue. Staff recommended approval. Motion by Haase, second by Paulick to approve Ordinance #9791 on final reading. Deputy City Clerk: Ordinance #9791 on final reading. All those in favor of the passage of this ordinance on final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on final reading, Ordinance #9791 is declared to be lawfully adopted upon publication as required by law. #9792 - Consideration of Approving Annexation of Property Located at Husker Highway and Engleman Road NWE South Subdivision (Final Reading). Regional Planner Rashad Moxey reported that Steven and Elaine Hostler, as owners of the property, submitted a plat of NWE South Subdivision an Addition to the City of Grand Island. Annexation of this property would not result in the extension of the Grand Island Zoning Jurisdiction. This property is located west of Engleman Road and south of Husker Highway. Staff recommended approval. Motion by Schutz, second by Stelk to approve Ordinance #9792 on final reading. Deputy City Clerk: Ordinance #9792 on final reading. All those in favor of the passage of this ordinance on final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on final reading, Ordinance #9792 is declared to be lawfully adopted upon publication as required by law. #9795 - Consideration of Approving Annexation of Property Located at 4127 West Husker Highway (First Reading). Regional Planner Rashad Moxey reported that Michael and Ralisa Leaman, husband and wife, as owners of the property submitted a plat of Leaman Acres Subdivision an Addition to the City of Grand Island. Staff recommended approval. Grand Island Council Session - 11/10/2020 Page 57 / 330 Page 4, City Council Regular Meeting, October 27, 2020 Motion by Paulick, second by Stelk to approve Ordinance #9795 on first reading. Deputy City Clerk: Ordinance #9795 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9796 - Consideration of Approving Zoning Change for Property located at 4141 Montana Avenue Lot 13 of Northwest Gateway Subdivision from LLR Large Lot Residential Zone and RO Residential Office to Residential Office (FAmos Construction Inc.) #9797 - Consideration of Approving Changes to Chapter 36 of the Grand Island City Code Relative to Definitions, Yard Requirements and Off Street Parking Requirements #9798 - Consideration of Amending Chapter 35, Section 35-30 to Include a Monthly Meter Charge for a 12-Inch Water Meter #9799 - Consideration of Approving Highway Allocation Fund Pledge Bonds #9800 - Consideration of Approving Combined Utilities Revenue Refunding Bonds be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Hehnke seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9796 - Consideration of Approving Zoning Change for Property located at 4141 Montana Avenue Lot 13 of Northwest Gateway Subdivision from LLR Large Lot Residential Zone and RO Residential Office to Residential Office (FAmos Construction Inc.) This item was related to the above Public Hearing. Motion by Hehnke, second by Conley to approve Ordinance #9796. Deputy City Clerk: Ordinance #9796 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 Conley, Haase, Hehnke, Minton, Nickerson, Schutz and Scott voted aye. Councilmembers Jones, Paulick and Stelk voted no. Motion adopted. Deputy City Clerk: Ordinance #9796 on second and final reading. All those in favor of this passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, Councilmembers Conley, Haase, Hehnke, Minton, Nickerson, Schutz and Scott voted aye. Councilmembers Jones, Paulick and Stelk voted no. Motion adopted. Grand Island Council Session - 11/10/2020 Page 58 / 330 Page 5, City Council Regular Meeting, October 27, 2020 Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9796 is declared to be lawfully adopted upon publication as required by law. #9797 - Consideration of Approving Changes to Chapter 36 of the Grand Island City Code Relative to Definitions, Yard Requirements and Off Street Parking Requirements This item was related to the above Public Hearing. Motion by Stelk, second by Minton to approve Ordinance #9797. Deputy City Clerk: Ordinance #9797 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Deputy City Clerk: Ordinance #9797 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9797 is declared to be lawfully adopted upon publication as required by law. #9798 - Consideration of Amending Chapter 35, Section 35-30 to Include a Monthly Meter Charge for a 12-Inch Water Meter Tim Luchsinger reported the water meter monthly fees, noted in Chapter 35, Section 35-30, of the Grand Island City Code, were last amended on November 22, 2016, by Ordinance No. 9613. At that time, the largest meter size in the City was 10-inch. With the recent addition of a 12-inch meter installed as part of JBS expansion; it is necessary to amend the noted section of code to facilitate a meter charge for the new meter size. The recommended charge for the new 12-inch meter size would be set at $5,600.00 per month. This is based on the same weighted, achievable flow, rate methodology used in the 2016 calculation. Staff recommended approval. Motion by Haase, second by Conley to approve Ordinance #9798. Deputy City Clerk: Ordinance #9798 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Deputy City Clerk: Ordinance #9798 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9798 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 11/10/2020 Page 59 / 330 Page 6, City Council Regular Meeting, October 27, 2020 #9799 - Consideration of Approving Highway Allocation Fund Pledge Bonds Finance Director Patrick Brown reported that the 2020-2021 budget included provisions for the Old Potash Highway Roadway and North Road improvements. The project would be funded with cash and debt financing. The debt financing would be paid from the Nebraska Highway Allocation Fund and the additional sales and use tax of one half of one percent (1/2%) that was approved at the November 2018 Statewide General Election. The bond in principal amount would not exceed $15,000,000 and would be amortized over ten years. Staff recommended approval. Motion by Paulick, second by Schutz to approve Ordinance #9799. Deputy City Clerk: Ordinance #9799 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Deputy City Clerk: Ordinance #9799 on second and final reading. All those in favor of this passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9799 is declared to be lawfully adopted upon publication as required by law. #9800 - Consideration of Approving Combined Utilities Revenue Refunding Bonds Finance Director Patrick Brown reported on July 29, 2020 City Council approved City Administration to explore refinancing of City bonds due to the current favorable bond market. The City currently has one (1) Sewer Bond, one (1) Water Bond, two (2) Electric bonds in place, and four (4) Nebraska Department of Environment and Energy (NDEE) loans. Mr. Brown stated each of the City’s above mentioned bonds and loans were individually placed throughout the years. City Administration along with the city advisors and bond counsel discussed the benefits of combining all of the bonds and loans into one bond. In selling one large bond as compared to several small bonds, the city could realize increased savings. Staff recommended approval. Motion by Haase, second by Nickerson to approve Ordinance #9800. Deputy City Clerk: Ordinance #9800 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Deputy City Clerk: Ordinance #9800 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 11/10/2020 Page 60 / 330 Page 7, City Council Regular Meeting, October 27, 2020 Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9800 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Paulick, second by Hehnke to approve the Consent Agenda excluding item G-11 (Resolution 2020-268) due to failure to pass on Board of Equalization. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 13, 2020 City Council Regular Meeting. #2020-259 - Approving City Council Meeting Schedule for 2021. #2020-260 - Approving Final Plat and Subdivision Agreement for NWE North Subdivision. It was noted that Mettenbrink Family Investments, LLC, owner, had submitted the Final Plat and Subdivision Agreement for NWE North Subdivision located north of Capital Avenue west of Engleman Road in Grand Island, Nebraska. (1 lot, .227 acres). #2020-261 - Approving Final Plat and Subdivision Agreement for NWE South Subdivision. It was noted that Steven D. Hostler and Elaine S. Hostler, owners, had submitted the Final Plat and Subdivision Agreement for NWE South Subdivision located south of Husker Highway west of Engleman Road in Grand Island, Nebraska. (1 lot, .064 acres). #2020-262 - Approving Final Plat and Subdivision Agreement for Kate Subdivision. It was noted that Tom Ummel, Sr., owner, had submitted the Final Plat and Subdivision Agreement for Kate Subdivision located east of Vine Street and south of 12th Street in Grand Island, Nebraska. (2 lots, 0.16069 acres). #2020-263 - Approving Final Plat and Subdivision Agreement for Farmstead South Subdivision. It was noted that Justin P. Oseka and Anna Oseka, owners, had submitted the Final Plate and Subdivision Agreement for Farmstead South Subdivision located west of Farmstead Road and south of Husker Highway in Grand Island, Nebraska. (2 lots, 6.916 acres). #2020-264 - Approving Inter-local Agreement with Hall County for Rehabilitation of a Portion of Stuhr Road. #2020-265 - Approving Updated Parking Regulations. #2020-266 - Approving Agreement with Central Platte Natural Resources District, Hall County, and Grand Island Area Economic Development Corporation Related to Portions of Platte Valley Industrial Park Subdivisions. #2020-267 - Approving Bid Award for City Parking Ramp Electrical Repairs at 103 North Locust Street with IES Commercial, Inc. of Holdrege, Nebraska in the amount of $34,953.00. #2020-268 - Approving Re-established Tap Fees for Subdivided Lots in Bosselville Fifth Subdivision- Sanitary Sewer District No. 530T. This item was pulled from the Consent Agenda. Grand Island Council Session - 11/10/2020 Page 61 / 330 Page 8, City Council Regular Meeting, October 27, 2020 #2020-269 - Approving Animal Control Contract with the Central Nebraska Humane Society in the amount of $388,500.00 beginning November 1, 2020 paid in monthly installments of $32,375.00 beginning November 2020. Councilmember Haase voted no. #2020-270 - Approving RFP for Veteran's Sports Complex Playground - Parks & Recreation with Crouch Recreation of Omaha, Nebraska in the amount of $391,328.00. #2020-271 - Approving Change Order No. 1 for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 with Starostka Group Unlimited, Inc. of Grand Island, Nebraska to use City owned property at 3505 West Old Potash Highway for staging at no additional cost. REQUESTS AND REFERRALS: Consideration of Approving Request from LPB, LLC for a Conditional Use Permit for Placement of a Soil and Groundwater Remedial System located at 704 West 3rd Street. This item was related to above Public Hearing. Motion by Minton, second by Conley to approve Conditional Use Permit for LPB, LLC. Upon roll call vote, all voted aye. Motion adopted. Consideration of Approving Request from Gerald and Pamela Dean for a Conditional Use Permit to Allow Livestock on Premises located at 2670 N. St. Paul Road.This item was related to above Public Hearing. Motion by Minton, second by Nickerson to approve Conditional Use Permit for Gerald and Pamela Dean. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Jones to approve the payment of claims for the period of October 14, 2020 through October 27, 2020 for a total amount of $5,581,866.14. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:42 p.m. Jill Granere Deputy City Clerk Grand Island Council Session - 11/10/2020 Page 62 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-2 #2020-272 - Approving Acquisition of Utility Easement - 3935 S. Locust Street (Frank C. Skrupa Trustee) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/10/2020 Page 63 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-272 WHEREAS, a public utility easement is required by the City of Grand Island from Frank C. Skrupa, Trustee, and his successors in Trust, under the Rosemary M. Skrupa Family Trust, a Subtrust of the Rosemary M. Skrupa Revocable Trust, dated June 30, 2000 as stated on October 23, 2013, 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 November 10, 2020, for the purpose of discussing the proposed acquisition of a ten (10.0) foot utility easement located through a part of the South Half of the Southwest Quarter (S ½, SW ¼), of Section Thirty-Four (34), Township Eleven (11) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska, and more particularly described as follows: The northerly ten (10.0) feet of the South Half of the Southwest Quarter (S ½ , SW ¼) of Section Thirty-Four (34), Township Eleven (11) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska. Except that part deeded as Locust Street right- of-way as described in Instrument No. 201009368, recorded in the Hall County, Nebraska Register of Deeds Office. The above-described easement and right-of-way containing a total of .57 acres, more or less as shown on the plat dated 9/10/2020, 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 Frank C. Skrupa, Trustee, and his successors in Trust, under the Rosemary M. Skrupa Family Trust, a Subtrust of the Rosemary M. Skrupa Revocable Trust, dated June 30, 2000 as stated on October 23, 2013, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 64 / 330 Grand IslandCouncil Session - 11/10/2020Page 65 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-3 #2020-273 - Approving Acquisition of Utility Easement - 710 Allen Drive (Allen Phase II, LLC & Nebraska Tunnel Wash I, LLC) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/10/2020 Page 66 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-273 WHEREAS, a public utility easement is required by the City of Grand Island from Allen Phase III, LLC and Nebraska Tunnel Wash I, LLC, 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 November 10, 2020, for the purpose of discussing the proposed acquisition of a twenty (20.0) foot utility easement located through a part of Lot Two (2), Meadowlark West Tenth (10th) Subdivision, in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the Northwest corner of Lot Two (2), Meadowlark West Tenth Subdivision, in the City of Grand Island, Hall County, Nebraska; thence southerly along the westerly line of said Lot Two (2), a distance of ten (10.0) feet to the ACTUAL Point of Beginning; thence easterly and parallel with the northerly line of said Lot Two (2), a distance of one hundred eighty-seven and sixteen hundredths (187.16) feet; thence deflecting right 60°00’00” and running in a southeasterly direction, a distance of one hundred twenty-five (125.0) feet to the point of termination. The above-described easement and right-of-way containing a total of .14 acres, more or less as shown on the plat dated 9/18/2020, 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 Allen Phase III, LLC and Nebraska Tunnel Wash I, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 67 / 330 Grand IslandCouncil Session - 11/10/2020Page 68 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-4 #2020-274 - Approving Purchase of 2021 Police Fleet Utility Vehicles Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 11/10/2020 Page 69 / 330 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:November 10, 2021 Subject:2021 Police Fleet Vehicle Purchases Presenter(s):Robert Falldorf, Police Chief Background The Police Department has budget authority under Capital expenditures for the purchase of six (6) Police fleet vehicles. Five (5) of these vehicles will have standard 3.3L V6 engines and one (1) will have a Hybrid engine. Discussion The Police Department has budget authority under Capital Outlay for the purchase of six (6) 2021 Police fleet vehicles. The Department is replacing six (6) higher mile vehicles from the marked Patrol Division fleet on our regular vehicle rotation. The Department is requesting to purchase the six (6) 2021 Police Interceptor Utility vehicles under State contract #15096 OC from Anderson Auto Group, Lincoln, Nebraska. Cost for the five (5) standard engine vehicles, after some adds and deducts, will be $34,582 each and cost for the one (1) Hybrid engine vehicle, after some adds and deducts, will be $37,977, which includes $100 for drop shipping for each vehicle, for a total cost of $210,887. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/10/2020 Page 70 / 330 Recommendation City Administration recommends that the Council approve the purchase of six (6) 2021 Ford Police Interceptor Utility vehicles, five (5) having a standard engine at a cost of $34,582 and one (1) having a Hybrid engine at a cost of $37,977 under State contract from Anderson Auto Group, Lincoln, NE for a total cost of $210,887. Sample Motion Move to purchase six (6) 2021 Ford Police Interceptor Utility vehicles under State contract from Anderson Auto Group, Lincoln, NE for a total cost of $210,887. Grand Island Council Session - 11/10/2020 Page 71 / 330 Grand Island Council Session - 11/10/2020 Page 72 / 330 Grand Island Council Session - 11/10/2020 Page 73 / 330 Grand Island Council Session - 11/10/2020 Page 74 / 330 Grand Island Council Session - 11/10/2020 Page 75 / 330 Grand Island Council Session - 11/10/2020 Page 76 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-274 WHEREAS, the City has approved budget authority for the purchase of six (6) Police Department fleet vehicles; and WHEREAS, the State of Nebraska has released the State contracts for vehicle purchases which include the vehicles the Police Department wants to purchase, State Contract #15096 OC; and WHEREAS, the Police Department wishes to purchase five (5) 2021 Ford Police Interceptor Utility vehicles with standard engines at a cost of $34,582 each and one (1) 2021 Ford Police Interceptor Utility vehicle with a Hybrid engine at a cost of $37,977, for a total cost of $210,887. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase of six (6) 2021 Ford Police Interceptor Utility vehicles, all under State contract from Anderson Auto Group, Lincoln, Nebraska for a total cost of $210,887. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 77 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-5 #2020-275 - Approving Change Order #1 for Fire Station 2 Addition Design Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 11/10/2020 Page 78 / 330 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:November 10, 2020 Subject:Change Order #1 for Fire Station 2 Addition Design Presenter(s):Cory Schmidt, Fire Chief Background In FY 2020-21, an addition to Fire Station 2 was approved as part of the City’s annual budget. In support of the project, architectural and design services were solicited. From the bids received, Webb and Company Architects, Inc. was selected at a price of $19,950.00. Since the completion of the initial design, a change order is requested to amend the roof connection detail. The change in design has an additional cost of $2,525.00. The total price of architectural services is $22,475.00 and requires Council approval. Discussion Approval of a change order is requested to amend the original design of the Fire Station 2 addition created by Webb and Company Architects, Inc. The change in design involves the connection between the proposed roofline on the addition to the existing roofline. There is concern that the connection as initially drawn would increase the chance of future issues with the fire station roof. The initial design was completed, invoiced, and paid in FY 2019-20. The invoice was approved on March 5, 2020 and PO 36009 was issued in the amount of $19,950.00. The requested change order, if approved by Council, will authorize an additional payment to Webb and Company Architects, Inc. in the amount of $2,525.00 for the cost of redesign. Funding is available as $350,000.00 was included in the City’s FY 2020-21 budget for the Fire Station 2 addition. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/10/2020 Page 79 / 330 Recommendation City Administration recommends City Council move to approve Change Order #1 for architectural and design services provided by Webb and Company Architects, Inc. in the amount of $2,525.00. Sample Motion Move to approve Change Order #1 for architectural and design services provided by Webb and Company Architects, Inc. in the amount of $2,525.00. Grand Island Council Session - 11/10/2020 Page 80 / 330 ARCHITECTURAL INVOICE Date 10/23/2020 Invoice #2020-05.R04 To: City of Grand Island Cory Schmidt, Fire Chief 100 East First Street P.O. Box 1968 Grand Island, NE 68801 Webb & Company Architects, Inc 387 North Walnut Street Grand Island, Ne 68801-4513 PHASE OF SERVICES Redesigned Roof Connect TERMS Net 10 DaysGrand Island Fire Station #2 Addition REFERENCE It's been a pleasure working with you! Total Balance Due Payments/Credits Office: 308.381.8013 FAX: 308.381.1837 E-mail: wcaarch@hamilton.net Website: www.wca-architects.com Marvin Webb, AIA ARCHITECT DESCRIPTIONQUANTITY UNIT PRICE TOTAL Architectural Design Services, Mechanical & Electrical, Structural Engineering for a New Addition for the Grand Island Fire Station #2 at 1720 N. Broadwell Ave., Grand Island, Nebraska for City of Grand Island Fire Department, per the AIA B105-2017 Owner & Architect Contract, dated March 9, 2020. Architect/Engineer Fees of $19,950.00 per the City of Grand Island Purchase Order #36009-00. 0 19,950.00 0.00 Design & Construction Documents - Architect & Engineering Services 0 19,950.00 0.00 Additional Design Services for "Roof Connection Detail Change" - GIFS #2 Addition 10-23-2020 1 2,525.00 2,525.00 Project Reimbursable Expenses (copies, prints, postage, long distance telephone, CAD plots) 0 0.00 0.00 Please call us if you have any questions concerning this invoice. Your continued satisfaction is important to our firm. We specialize in quality Architectural Design and ADA Consulting services. Federal Indentification Number: 47-0771725 ACCOUNTS UNPAID MORE THAN 30 DAYS SHALL BE SUBJECT TO A SERVICE CHARGE OF 1 1/2% PER MONTH ANNUAL PERCENTAGE OF 18% THANK YOU FOR YOUR BUSINESS!!! $2,525.00 $2,525.00 $0.00 Grand Island Council Session - 11/10/2020 Page 81 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-275 WHEREAS, the Grand Island Fire Department has budgeted $350,000.00 for an addition to Fire Station 2; and WHEREAS, Webb and Company Architects, Inc. was contracted for architectural and design services in the amount of $19,950.00; and WHEREAS, Change Order #1 in the amount of $2,525.00 is requested to amend the original design; and WHEREAS, the total for design services is now $22,475.00 and requires Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 and subsequent payment of $2,525.00 is authorized for Webb and Company Architects, Inc. and is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 82 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-6 #2020-276 - Approving Purchase of Two (2) 10 Cubic Yard Dump Trucks for the Streets Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 83 / 330 Council Agenda Memo From: Shannon Callahan, Street Superintendent Meeting: November 10, 2020 Subject: Approving Purchase of Two (2) 10 Cubic Yard Dump Trucks for the Streets Division of the Public Works Department Presenter(s): John Collins PE, Public Works Director Background The Streets Division of the Public Works Department has budgeted funds for two (2) new 10 CY Dump Trucks for the 2020/2021 fiscal year. The new dump trucks will be replacing two existing units in the fleet, Unit 221 and Unit 228. Unit 221, a 2001 Sterling LT7500 with dump body, has 9,007 hours and repair cost to purchase ratio of 1.59. This unit is primarily used for plowing snow and hauling materials, such as dirt, gravel, street sweepings, hot mix asphalt, and snow. Unit 221 Grand Island Council Session - 11/10/2020 Page 84 / 330 Unit 228, a 2001 Sterling LT7500 with dump body, has 12,768 hours and repair cost to purchase ratio of 1.73. This unit is primarily used for hauling/spreading hot mix asphalt for roadway patching and plowing/hauling snow. Unit 228 Discussion The specifications for the dump trucks purchased last FY included features the City typically spends time and money installing after the truck is built. This includes flashing & strobe lights and a tarp system that covers the truck box when hauling materials that can blow out of the box (like leaves and street sweepings) and also 44” tall side walls on the truck box. The Units will also came installed with new safety features such as back-up camera. This was a good option for the Streets Division as there was virtually no down time once the trucks were received and therefore this same method will be used again. The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA), now known as Sourcewell, with Resolution 2014-326. To meet competitive bidding requirements, the Streets Division obtained pricing from the (NJPA) Sourcewell Contract No. 060920-NVS awarded to Navistar, Inc.; with Hansen International Truck Inc of Grand Island, NE assigned as our authorized dealer. Per the Sourcewell Contract No. 060920-NVS the price for a new 10 CY dump trucks (2021 International HV607 SBA with dump body), that meets the City’s requirements, will be $134,866.84. Hansen International is offering $15,000.00 trade value per truck. The net Capital Equipment Funds required for this purchase will be $239,733.68 (summary below). Purchase Price for two (2) units $269,733.68 Trade Value for two (2) units -$30,000.00 Net Purchase Price $239,733.68 Grand Island Council Session - 11/10/2020 Page 85 / 330 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 purchase of a two (2)- 2021 International HV607 SBA with dump body from Hansen International of Grand Island, NE for a net purchase price of $239,733.68. Sample Motion Move to approve the purchase of two (2)-2021 International HV607 SBA with dump body from Hansen International of Grand Island, NE for a net purchase price of $239,733.68. Grand Island Council Session - 11/10/2020 Page 86 / 330 Hansen International Truck 3354 W Stolley Park Rd Grand Island, NE (Nebraska) 68803 Call Us: (308) 382-2400 http://www.hansenintl.com/ 2021 INTERNATIONAL® HV™ SERIES INFORMATION 2021 INTERNATIONAL® HV™ SERIES Built Smart to Get More Done DriverFirst™ is our design philosophy. It means we build our trucks around the driver. We’ve pored over every detail of the HV™ Series to make sure it’s DriverFirst™ in every way. Diamond logic® electrical system The International Truck® Diamond Logic® electrical system is considered the most advanced in the industry—and for good reason. Diamond Logic streamlines chassis and body equipment integration and allows customers to program automated tasks. This means more consistent performance and increased equipment protection and crew safety. Grand Island Council Session - 11/10/2020 Page 87 / 330 More than one way to get the job done. We know what you’re up against going into a work day — long hours lled with new problems to solve. The HV™ Series makes it easy to tackle them, with big power under the hood, a durable chassis and the Diamond Logic® Electrical System to bring it all together. Features may include: Uptime Don't sweat the small stuff The HVAC system is all new and re-engineered from the ground up to provide best-in-class reliability – proven through extensive testing. Improved wiring Cab wiring is more reliable with newly designed harnesses, improved termination and a new robust in-cab power distribution module. Driver-centric design By drivers, for drivers To develop the HV™ Series, we listened and learned from hundreds of drivers, leading to design improvements that helped us create a truck that drivers want to drive. Column shifter The new shifter is mounted on the steering column, allowing drivers to keep their hands on the wheel and eyes on the road. More space We increased elbow room, hip room and leg room. For better comfort, we adjusted the armrest height. To improve ingress and egress, we increased the door’s opening angle. Durability The big easy Keep the routine, routine. Easy to reach dash mounted circuit breakers, no-tools-needed halogen headlamp bulbs and air lter replacements, plus a full-tilt three-piece hood design increase your productivity and maximize uptime. Always in control Roll stability control and dual steering gears for on/off highway conditions reduce steering effort on all types of terrain, regardless of load. Safety Air disc brakes Air disc brakes are now standard for both front and rear applications, air disc brakes provide shorter, surer stops, better braking feel and more braking power for improved safety. All while offering longer lining and rotor life and requiring less maintenance. Electronic stability control Assists in both rollover and vehicle under- and over-steer situations to help maintain a vehicle's lateral stability and steerability. As well as provides drivers with improved safety and greater condence behind the wheel during heavy and slippery surface braking applications. PHOTOS HIGHLIGHTS Location Grand Island, Nebraska Year 2021 Make International® Model HV™ Series Grand Island Council Session - 11/10/2020 Page 88 / 330 Engine Cummins® B6.7 | Cummins® L9 | International® A26 Transmission Manual: Eaton: 6, 8LL (10), 9ALL (11), 13, 15, 18 speed | Automated Manual: Eaton UltraShift PLUS: 10, 11, 13, 18 speed / Eaton Fuller Advantage: 10 speed | Automatic: Allison Automatic: EVS, RDS, HS series Status Available SPECIFICATIONS 2021 International® HV™ Series Base Year 2021 Manufacturer International® Model Name HV™ Series Trim Name Base Generic Type (Primary)Conventional without Sleeper Engine Cummins® B6.7 | Cummins® L9 | International® A26 Engine Power Cummins® B6.7: 200-360 HP | Cummins® L9: 260-450 HP | International® A26: 365- 500 HP Engine Torque Cummins® B6.7: 520-800 lb-ft. | Cummins® L9: 720-1250 lb-ft. | International® A26: 1250-1750 lb-ft. Drivetrain Drive System 4x2 | 4x4 | 6x4 | 6x6 | 8x6 Tridem Transmission Manual: Eaton: 6, 8LL (10), 9ALL (11), 13, 15, 18 speed | Automated Manual: Eaton UltraShift PLUS: 10, 11, 13, 18 speed / Eaton Fuller Advantage: 10 speed | Automatic: Allison Automatic: EVS, RDS, HS series Steering Single Gear Power | Dual Gear Power on Front Axle 16,000 lbs. And Above Brakes Brake System Type Air Disc Brakes with ABS, Optional Traction Control, Optional Electronic Stability Program with Traction | Air Disc Brakes Suspension Front Suspension Spring Multileaf: 14,000 - 20,000 lbs. | Parabolic Taperleaf: 8,000- 23,000 lbs. Rear Suspension Chalmers: 23,000 - 52,000 lbs. | Hendrickson RT/HAS/HMX/Primaax: 34,000 - 52,000 lbs. / 23,000 - 46,000 lbs. / 40,000 - 46,000 lbs. / 20,000 - 46,000 lbs., 69,000 lbs. (Tridem) | Link: 46,000 lbs. | International: 20,000 - 40,000 lbs. Electric Alternator Leece-Neville: 12 Volt, 160 - 325 Amp | Delco Remy: 12 Volt, 165 - 240 Amp Dimensions BBC Set-Back Front Axle: 107" | BBC Set-Forward Front Axle: 107" | BBC Set-Back Front Axle: 113" | BBC Set-Forward Front Axle: 113" Wheelbase 136 - 340" Weights GVWR 51,000 - 73,000 lbs. Capacities Fuel Capacity 40 - 120 Gallons Axle Capacity, Front Dana Spicer: Non-Driving: 10,000 - 22,000 lbs. | Fabco: Driving: 10,000 - 22,000 lbs. | Meritor Non Driving / Driving: 10,000 - 22,000 lbs. / 10,000 - 18,000 lbs. Axle Capacity, Rear Single Rear Axle (4x2) Meritor: Single Reduction: 17,000 - 30,000 lbs / Double Reduction: 26,000 - 38,000 lbs / Two-Speed: 21,000 - 23,000 lbs. | Single Rear Axle (4x2) Dana: Single Reduction: 17,500 - 31,000 lbs. / Two-Speed: 19,000 - 23,000 lbs. | Tandem Rear Axle (6x4) Meritor: Single Reduction: 34,000 - 52,000 lbs. | Tandem Rear Axle (6x4) Dana: Single Reduction: 46,000 lbs. Frame Type Heat Treated Alloy Steel 120,000 PSI | 11.25" x .5" thick Super Single Rail Grand Island Council Session - 11/10/2020 Page 89 / 330 Exhaust Single canister after-treatment device | Frame Mounted Right Side, Back, or Under Cab | Short Horizontal Tailpipe | Single Vertical Tailpipe, Right Side Back of Cab Cab Cab Construction Day Cab | Extended Cab | Crew Cab (no sleepers) Cabover Interior Classic | Diamond Lights and Safety Headlight Type Halogen Features Construction Material Fuel Tank: Single or Dual, Non-Polished or Polished Aluminum, Mounted Right or Left Side Under Cab Wheels & Tires Tire, Frame Continental, Michelin, Goodyear, Bridgestone Battery JCI: 12 Volt 1400 - 2100 CCA | Fleetrite®: 12 Volt 1320 - 3800 CCA | Deka: 12 Volt 2775 CCA Grand Island Council Session - 11/10/2020 Page 90 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-276 WHEREAS, Sourcewell, formerly known as the National Joint Powers Alliance, cooperative purchasing group was utilized to secure competitive bids for two (2)- 10 CY Dump Trucks by the Streets Division of the Public Works Department; and WHEREAS, Sourcewell Contract No. 060920-NVS was awarded to Navistar, Inc. and authorized Hansen International of Grand Island, NE to offer said contract pricing to the City of Grand Island, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of (2)- 2021 International HV607 SBA with dump body from Hansen International of Grand Island, NE for a purchase price of $269,733.68 with a trade in allowance of $30,000.00 for a net purchase price of $239,733.68. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment for (2) 2021 HV607 SBA with dump body from Hansen International of Grand Island, NE is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 91 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-7 #2020-277 - Approving Award of Professional Engineering Consulting Services for Sanitary Sewer Rehabilitation– Various Locations; Project No. 2020-S-8 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 92 / 330 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 10, 2020 Subject:Approving Award of Professional Engineering Consulting Services for Sanitary Sewer Rehabilitation– Various Locations; Project No. 2020-S-8 Presenter(s):John Collins PE, Public Works Director Background A Request for Qualifications (RFQ) for engineering consulting services for Sanitary Sewer Rehabilitation- Various Locations of the City was advertised in the Grand Island Independent on September 3, 2020. The RFQ was also sent to sixteen (16) potential firms by the Engineering Division of the Public Works Department. Public Works is taking a proactive approach in rehabilitating sanitary sewer throughout the City to avoid failures. This project will fix known pipe breaks on sewer mains in difficult to access locations. The first part of the engineering work will be for investigation and conceptual design. Various alternatives will be looked at to fix known issues, such as open cut repairs or pipe lining solutions. Existing conditions of the pipe with video inspections, local site conditions, and property owners will be reviewed and evaluated. There will be future amendments for final design, bidding and construction services once a proper method for repair is established in each of the four (4) locations being evaluated. Discussion Two (2) submittals were opened on September 24, 2020, reviewed and scored. Using the evaluation criteria set out in the Request for Qualifications the submittal from JEO Consulting Group, Inc. of Grand Island, Nebraska was scored as the highest ranking firm. Negotiations with the selected firm resulted in an agreed upon amount of $28,645.00 for such services. Funds for the consulting services are in the approved 2020/2021 Wastewater Division budget. Grand Island Council Session - 11/10/2020 Page 93 / 330 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 award of Professional Engineering Consulting Services for Sanitary Sewer Rehabilitation– Various Locations; Project No. 2020-S-8 to JEO Consulting Group, Inc. of Grand Island, Nebraska for an amount not to exceed $28,645.00. Sample Motion Move to approve the award of the proposal. Grand Island Council Session - 11/10/2020 Page 94 / 330 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR 2021 CAPITAL IMPROVEMENT PROJECTS RFP DUE DATE: September 24, 2020 at 4:15 p.m. DEPARTMENT: Public Works PUBLICATION DATE: September 3, 2020 NO. POTENTIAL BIDDERS: 16 PROPOSALS RECEIVED JEO Consulting Group HDR Grand Island, NE Des Moines, IA Leo A Daly Benesch Omaha, NE Grand Island, NE Olsson, Inc. Lincoln, NE cc: John Collins, Public Works Director Catrina DeLosh, Admin. Asst. PW Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Keith Kurz, Asst. Public Works Director P2230 Grand Island Council Session - 11/10/2020 Page 95 / 330 Grand Island Council Session - 11/10/2020 Page 96 / 330 Grand Island Council Session - 11/10/2020 Page 97 / 330 EXHIBIT A Scope of Services Grand Island Sanitary Sewer Rehabilitation – Various Locations JEO Project No. 201752.00 PROJECT UNDERSTANDING: The primary objective of this project is to improve the sanitary sewer system in several areas in need of rehabilitation. Proposed improvements include 3 or possibly 4 specific locations where the clay tile sanitary sewer main has cracked and crushed into an oval shape. An evaluation of pipe rehabilitation technique will be completed, but initial information suggested that open cut repairs will be necessary in tough to access sewer main locations. Project generally includes sanitary sewer video review, evaluation of rehabilitation techniques, site access and easement need identifications, possible geotechnical investigation, dewatering, sewer by-pass pumping, traffic control plans, and related needs for sewer improvement plans and specifications for these areas. A site map is included for reference. SCOPE OF SERVICES: 1 PHASE 1: PROJECT MANAGEMENT: 1.1 GENERAL PROJECT MANAGEMENT a. Coordination. i. Coordination with internal teams. ii. Management of project scope of services and schedule. iii. Coordination with sub consultants. iv. Coordination of meetings with the City of Grand Island. v. Coordination with ancillary jurisdictions. 1. These include possible conflicting utility companies. b. Project Invoicing of work completed by JEO staff and subconsultants monthly. c. Monthly progress reports to be submitted with invoices monthly. 2 PHASE 2: INVESTIGATION AND PRELIMINARY DESIGN 2.1 INVESTIGATION AND CONCEPT PLANS a. Review sewer videos provided by the City of Grand Island. b. Field review sewer problem areas to determine severity of the visible existing surface conflicts. This involves contacting those property owners with the sewer main in their back yard to visit with them about the possible need to access the sewer main and to observe the likely conflicts. City will be notified and can join these field visits. c. Consult with a CIPP contractor to review the areas in question and assess the pros, cons, and risks of possibly using trenchless technologies for sewer repairs. d. Review possible by-pass pumping route. e. Review possible dewatering implication and discharge piping route. f. Review possible traffic control plan. g. Review need for a geotechnical investigation. h. Review possible easement needs. i. Draft concept plans showing improvements options. Concept plans to be an aerial pdf drawing of the area. Grand Island Council Session - 11/10/2020 Page 98 / 330 j. Draft a concept level opinion of cost for the improvement options. k. Meet with City of Grand Island staff to review improvement options and the implications to the improvement techniques. l. Finalize concept plans based on review meeting comments. 2.2 PRELIMINARY DESIGN a. Perform Topographic Survey of needed areas. i. Perform easement research. ii. Contact affected landowners to inform them of the topo survey needs and gain site access. iii. Submit One Call for utility locates. iv. Obtain topographic survey showing surface and utility conflicts. b. Prepare Base Map of the topographic survey and easement limits into AutoCAD for use in Design. c. Incorporate Concept Plan improvements into AutoCAD. d. Draft 30% complete plans showing the anticipated limits of construction and easement needs. Plans to include either a layout or description of the by-pass pumping, dewatering, and traffic control implications. Possible detour routing maps on aerial sheets. e. Draft a 30% complete opinion of cost. f. Perform an internal 30% QA/QC of the 30% complete plans. g. Meet with City of Grand Island staff to review 30% plans. h. Revise plans based on review meeting notes. EXCLUSIONS: • Corps 404, wetland delineation or other environmental permitting. • SWPPP preparation, administration, and inspections. • Final Design, Geotechnical, Easement acquisition services, Bidding, & Construction Services (to be negotiated later). • Any permit fees associated with permit applications. • Special meetings and meetings not outlined in the Scope of Services. • Additional CCTV Video. All video to be provided by the City of Grand Island. SCHEDULE: Anticipated NTP: November 11, 2020 2.1 Investigation and Concept Plans 30 Days from Notice to Proceed 2.2 Preliminary Design 60 Days from Concept Plan Finalization PROJECT FEE SUMMARY: Phase 1 Project Management ............................................................. $4,965.00 Phase 2 Investigation and Preliminary Design ..................................... $23,680.00 Task 2.1 Investigation and Concept Plans ........................................ $11,200.00 Task 2.2 Preliminary Design .............................................................. $12,480.00 TOTAL ..................................................................................................... $28,645.00 All fees are hourly not to exceed the contract total. Grand Island Council Session - 11/10/2020 Page 99 / 330 ◼ 1. 2. 3. 4. 5. 6. 7. 8. a. b. c. d. e. 9. 10. Grand Island Council Session - 11/10/2020 Page 100 / 330 ◼ 11. a. b. i. ii. iii. c. i. ii. d. i. e. i. ii. f. i. ii. g. h. i. 12. 13. 14. a. b. c. 15. 16. 17. 18. Grand Island Council Session - 11/10/2020 Page 101 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-277 WHEREAS, the City Of Grand Island invited submittals for professional engineering consulting services for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2020-S-8, according to the Request For Qualifications (RFQ) on file with the Engineering Division of the Public Works Department; and WHEREAS, on September 24, 2020 submittals were received, reviewed, and evaluated in accordance with established criteria in the RFQ; and WHEREAS, JEO Consulting Group, Inc. of Grand Island, Nebraska submitted qualifications in accordance with the terms of the Request for Qualifications and all statutory requirements contained therein and the City Procurement Code with the work performed at an amount not to exceed $28,645.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the submittal from JEO Consulting Group, Inc. of Grand Island, Nebraska for professional engineering consulting services for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2020-S-8 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 102 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-8 #2020-278 - Approving Bid Award for Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 103 / 330 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 11, 2020 Subject:Approving Bid Award for Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-1 Presenter(s):John Collins PE, Public Works Director Background On September 30, 2020 the Engineering Division of the Public Works Department advertised for bids for Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-1 at the Wastewater Treatment Plant. The Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-1 is for the improvement of existing paving and drainage within the plant and the construction of a new main entrance driveway from Shady Bend Road. In addition to paving, existing perimeter fencing and gates will be reconfigured to enclose the property. Lighting and additional piping with one combined outlet to the adjacent drainway for a localized dewatering system will also be incorporated with this work. The Public Works Department is proposing a concrete curb and gutter section with associated drainage and all other improvements needed to complete the project. Discussion Three (3) bids were received and opened on October 21, 2020. 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. EXCEPTIONS BID PRICE Starostka Group Unlimited, Inc. of Grand Island, Nebraska None $1,656,965.15 Myers Construction, Inc. of Broken Bow, Nebraska None $1,693,724.55 Diamond Engineering Co. of Grand Island, Nebraska Noted $1,897,907.37 The bid of Starostka Group Unlimited, Inc. is considered fair and reasonable, as it is within 8% of the engineer’s estimate and within 3% of the next lowest bidder, Myers Construction, Inc. There are sufficient funds in the approved 2019/2020 budget to fund this project. Grand Island Council Session - 11/10/2020 Page 104 / 330 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to the low compliant bidder, Starostka Group Unlimited, Inc. of Grand Island, Nebraska in the amount of $1,656,965.15. Sample Motion Move to approve the bid award. Grand Island Council Session - 11/10/2020 Page 105 / 330 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 21, 2020 at 2:00 p.m. FOR: WWTP Paving Improvements; Project No. 2020-WWTP-1 DEPARTMENT: Public Works ESTIMATE: $1,540,000.00 FUND/ACCOUNT: 53030054-85213-53559 PUBLICATION DATE: September 30, 2020 NO. POTENTIAL BIDDERS: 26 SUMMARY Bidder: Diamond Engineering Co. Myers Construction, Inc. Grand Island, NE Broken Bow, NE Bid Security: Universal Surety Co. United Fire & Casualty Co. Exceptions: None None Bid Price: $1,897,907.37 $1,693,724.55 Bidder: Starostka Group Unlimited, Inc. Grand Island, NE Bid Security: Universal Surety Co. Exceptions: None Bid Price: $1,656,965.15 cc: John Collins, Public Works Director Catrina Delosh, Admin. Asst. Public Works Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Keith Kurz, Asst. Public Works Director P2235 Grand Island Council Session - 11/10/2020 Page 106 / 330 CONTRACT AGREEMENT THIS AGREEMENT made and entered into this day of ______ , 2020, by and between STAROSTKA GROUP UNLIMITED, INC., hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for construction of Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-1; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself or themselves, and its or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications and Special Provisions, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of ONE MILLION SIX HUNDRED FIFTY SIX THOUSAND NINE HUNDRED SIXTY FIVE AND 15/100 DOLLARS ($1,656,965.15) for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for incorporation into the work of this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-1. ARTICLE IV. All work shall be substantially complete by August 1, 2021. Final completion for all items shall be August 15, 2021. Grand Island Council Session - 11/10/2020 Page 107 / 330 2 | Page  City of Grand Island| Contract Agreement  WWTP Paving Improvements; Project No. 2020‐WWTP‐1  ARTICLE V. It is understood and agreed that time is the essence of the contract. Should the Contractor fail to perform all of the work within the time intervals stipulated in this Contract Agreement, the Contractor shall pay to the City, as liquidated damages and not as a penalty, $500.00 per calendar day of default unless extensions of time granted by the City specifically provide for the waiving of liquidated damages. The City shall have the right to deduct the liquidated damages from any moneys in its hands, otherwise due, or to become due, to the Contractor, or to sue for and recover compensation for damages for non-performance of this contract within the time stipulated. ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. ARTICLE VII. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract to order. ARTICLE VIII. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE IX. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE X. LB 403: Every public contractor and his, her or its subcontracors who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Grand Island Council Session - 11/10/2020 Page 108 / 330 3 | Page  City of Grand Island| Contract Agreement  WWTP Paving Improvements; Project No. 2020‐WWTP‐1  IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. STAROSTKA GROUP UNLIMITED, INC. By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: City Clerk The contract and bond are in due form according to law and are hereby approved. Date Attorney for the City Grand Island Council Session - 11/10/2020 Page 109 / 330 4 | Page  City of Grand Island| Contract Agreement  WWTP Paving Improvements; Project No. 2020‐WWTP‐1  APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Grand Island shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Grand Island Council Session - 11/10/2020 Page 110 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-278 WHEREAS, the City of Grand Island invited sealed bids for Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on October 21, 2020 bids were received, opened, and reviewed; and WHEREAS, Starostka Group Unlimited, Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $1,656,965.15. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Starostka Group Unlimited, Inc. of Grand Island, Nebraska in the amount of $1,656,965.15 for Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-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, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 111 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-9 #2020-279 - Approving Amendment No. 3 to Engineering Consulting Agreement for Sanitary Sewer Collection System Rehabilitation– Downtown; Project No. 2019-S-1, Phase II Staff Contact: John Collins, P.E.- Public Works Director Grand Island Council Session - 11/10/2020 Page 112 / 330 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 10, 2020 Subject:Approving Amendment No. 3 to Engineering Consulting Agreement for Sanitary Sewer Collection System Rehabilitation– Downtown; Project No. 2019-S-1, Phase II Presenter(s):John Collins PE, Public Works Director Background Public Works is taking a proactive approach in rehabilitating sanitary sewer in the downtown area to avoid failures. Cured in Place Pipe (CIPP) lining with manhole rehabilitation will be the focus of this project to reinforce structural integrity of the collection system. Existing pipe segments are within constricted alleyways of the project boundary, which is Clark Street to the west, South Front Street to the north, Plum Street to the east, and First Street to the south. Additional failing pieces in the area may be assessed to determine the best rehabilitation method. Segments are mostly 8-inch pipe, with total length of approximately 13,000 linear feet. There are approximately 230 miles of gravity sewer within the City of Grand Island’s collection system. The majority of this infrastructure is between 26 and 75 years old, and between 8 and 18 inches in diameter. The majority of the sanitary sewer rehabilitations are for old clay tile pipe and or damaged / dilapidated manholes. On November 6, 2018, via Resolution No. 2018-337, City Council approved an agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $81,850.00 for Sanitary Sewer Collection System Rehabilitation- Downtown; Project No. 2019-S-1. On June 25, 2019, via Resolution No. 2019-196, City Council approved Change Order No. 1 to the original agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $61,063.00, for a revised agreement of $142,913.00. Such change order allowed for construction administration and observation services for Cured in Place Pipe (CIPP) lining of sanitary sewer mains in the downtown area. On August 11, 2020, via Resolution No. 2020-187, City Council approved Change Order No. 2 to the original agreement with Olsson, Inc. of Grand Island, Nebraska in the Grand Island Council Session - 11/10/2020 Page 113 / 330 amount of $35,888.00, for a revised agreement of $178,801.00. Such change order allowed for project design and bid phase services necessary to create documents for the rehabilitation of the manholes within the project boundary for the above sewer collection system rehabilitation project. Staff decided to break the collection pipe linings which were previously completed and the manhole repairs into separate projects to allow for specialized contractors to bid the projects. Discussion Staff is requesting a third amendment to the original agreement, which will allow for construction observation and closeout of the sanitary sewer manhole rehabilitation project. Amendment No. 3 will be in the amount of $33,468.00 for a revised agreement of $212,269.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment No. 3 to the original agreement with Olsson, Inc. of Grand Island, Nebraska, in the amount of $33,468.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/10/2020 Page 114 / 330 Page 1 of 3 LETTER AGREEMENT AMENDMENT #3 Date: November 10, 2020 This AMENDMENT (“Amendment”) shall amend and become a part of the Letter Agreement for Professional Services dated February 13, 2018 between City of Grand Island, NE (“Client”) and Olsson, Inc. (“Olsson”) providing for professional services for the following Project (the “Agreement”): PROJECT DESCRIPTION AND LOCATION Project is located at: Grand Island, NE Project Description: Grand Island Sanitary Sewer Rehabilitation - Downtown SCOPE OF SERVICES Client and Olsson hereby agree that Olsson’s Scope of Services under the Agreement is amended by adding the services specifically described below for the additional compensation set forth below: PHASE 626 – CONSTRUCTION ADMINISTRATION SERVICES Olsson shall assist the Owner in the Administration of the project during the construction phase of the project. Olsson shall perform the tasks listed below: Task 624: Construction Progress Meetings - Olsson shall organize and conduct construction progress meetings, prepare the meeting agenda, and shall prepare and distribute to all attendees (narrative style) minutes of the progress meetings for the project. A total of two construction progress meetings are anticipated. Task 625: Review Progress Payments and Change Orders - Olsson shall review the Contractor’s monthly progress payment applications for general conformance with the progress of the work and mathematical accuracy. Olsson shall review and prepare construction change order requests and present to the Client. A total of two progress payments and one change order are anticipated. Task 626: Review Final Application for Payment - Olsson shall review the Contractor’s final application for payment and the accompanying documentation for compliance with the contract requirements. Task 627: Construction Project Management – Day to day coordination and correspondence with parties of interest to insure timely project advancement and progress updates. Grand Island Council Session - 11/10/2020 Page 115 / 330 Page 2 of 3 PHASE 645. CONSTRUCTION OBSERVATION SERVICES Olsson shall perform full time construction observation services on behalf of the Client during the construction of the project. Task 641: Construction Observation - Duties and responsibilities of the Olsson’s Resident Project Representative shall be as described in “Exhibit B - Duties, Responsibilities, and Limitations of Authority of the Resident Project Representative.” A representative will be on site when work of substance is being completed. A total of eleven weeks of part-time observation at 20 hours per week is anticipated (estimated total of 220 hours). Task 642: Construction Materials Testing – Olsson shall perform the materials testing for the project. The testing that is anticipated is soil compaction testing and concrete testing. Any testing on the dewatering water shall be the responsibility of the Contractor. PHASE 665. PROJECT CLOSE-OUT Olsson shall complete the following services to close out the project. These services shall include the following: Task 661: Organize Final Inspection - Olsson shall organize and attend the final inspection of the project with the Client’s personnel and provide written comments to the Client. Task 662: Review Contractor’s Records - Olsson shall review the Contractor’s record drawings for completeness and legibility. Olsson shall identify additional information that may be required to complete the project record drawings and request the information from the Contractor. Task 663: Prepare Record Drawing Package - Using the Contractor’s and Olsson’s Resident Project Representative’s record drawings, Olsson shall revise the construction documents to reflect the construction records for the project. Olsson shall also prepare a summary of the materials testing that was completed on the project. Olsson shall provide the Client with two (2) sets of record drawings and testing package and a CD of the .pdfs of the record drawings and testing package. SCHEDULE FOR OLSSON’S SERVICES Unless otherwise agreed, Olsson expects to perform its services covered by this Amendment as follows: Anticipated Start Date: April 1, 2021 Anticipated Completion Date: July 1, 2021 Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated Completion Date, and any milestone dates are approximate only, and Olsson reserves the right to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including, but not limited to, delays caused by Client or delays caused by third parties. Grand Island Council Session - 11/10/2020 Page 116 / 330 Page 3 of 3 COMPENSATION For the additional Scope of Services specifically set forth in this Amendment, Client shall pay Olsson the following fee in addition to the fee(s) set forth in the Agreement: Client shall pay to Olsson for the performance of the Scope of Services, the actual hourly labor rates of personnel performing such services on the Project times a factor of 3.085 and all actual reimbursable expenses in accordance with Reimbursable Expense Schedule attached to this Agreement. Olsson shall submit invoices on a monthly basis and payment is due within 30 calendar days of invoice date. Olsson’s Scope of Services will be provided on a time and expense basis not to exceed $33,468.00. TERMS AND CONDITIONS OF SERVICE All provisions of the original Agreement not specifically amended herein shall remain unchanged. If this Contract Amendment satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain a copy 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 __________________________________ Dave Ziska Joe Baxter By signing below, you acknowledge that you have full authority to bind Client to the terms of this Amendment. If you accept this Amendment, please sign: CITY OF GRAND ISLAND, NE By _____________________________ Signature Printed Name ____________________ Title ____________________________ Dated: _________________________ Grand Island Council Session - 11/10/2020 Page 117 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-279 WHEREAS, on November 6, 2018, via Resolution No. 2018-337, the Grand Island City Council approved entering into an agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $81,850.00 for engineering consulting services for Sanitary Sewer Collection System Rehabilitation- Downtown; Project No. 2019-S-1; and WHEREAS, on June 25, 2019, via Resolution No. 2019-196, City Council approved Change Order No. 1, in the amount of $61,063.00; and WHEREAS, on August 11, 2020, via Resolution No. 2020-187, City Council approved Change Order No. 2, in the amount of $35,888.00, to the original agreement; and WHEREAS, the original agreement is now being amended to allow for construction observation and closeout of the sanitary sewer manhole rehabilitation project; and WHEREAS, such amendment is in the amount of $33,468.00, for a revised agreement amount of $212,269.00; and WHEREAS, Amendment No. 3 to the original agreement with Olsson, Inc. of Grand Island, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 3 with Olsson, Inc. of Grand Island, Nebraska for engineering consulting services related to Sanitary Sewer Collection System Rehabilitation- Downtown; Project No. 2019-S-1, Phase II is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 118 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-10 #2020-280 - Approving Bid Award for Downtown Sanitary Sewer Manhole Rehabilitation; Project No. 2020-S-7 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 119 / 330 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 10, 2020 Subject:Approving Bid Award for Downtown Sanitary Sewer Manhole Rehabilitation; Project No. 2020-S-7 Presenter(s):John Collins PE, Public Works Director Background On September 30, 2020 the Engineering Division of the Public Works Department advertised for bids for Downtown Sanitary Sewer Manhole Rehabilitation; Project No. 2020-S-7. Public Works is taking a proactive approach in rehabilitating sanitary sewer in the downtown area to avoid failures. Cured in Place Pipe (CIPP) lining was completed last year in which pipes were lined to rehabilitate the sanitary sewer pipe structural integrity of the collection system. This portion of the project will improve the structural stability of the existing brink manholes in this same area. The project was broken into two (2) parts to maximize the contractor experience of each specialty operation. This infrastructure is constricted within alleyways and right-of-way of the project boundary, which is Clark Street to the west, South Front Street to the north, Plum Street to the east, and First Street to the south. Additional failing pieces in the area may be assessed to determine the best rehabilitation method. Segments are mostly 8-inch pipe, with total length of approximately 13,000 linear feet. There are approximately 230 miles of gravity sewer within the City of Grand Island’s collection system. The majority of this infrastructure is between 26 and 75 years old, and between 8 and 18 inches in diameter. The majority of the sanitary sewer rehabilitations are for old clay tile pipe and or damaged / dilapidated manholes. Discussion Four (4) bids were received and opened on October 28, 2020. 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. Grand Island Council Session - 11/10/2020 Page 120 / 330 BID SECTION BASE BID BASE BID ALTERNATE “A” BID Redina Construction Company of Glen Ellyn, IL $229,236.60*$259,833.00 Midlands Contracting of Kearney, NE $268,516.20 $312,026.20 Myers Construction, Inc. of Broken Bow, NE $391,313.50 $478,753.50 McGill Restoration of Omaha, NE $839,013.00 $981,133.00 *corrected bid It is recommended to award the Base Bid Alternate “A” to Redina Construction Company of Glen Ellyn, Illinois, which will rehabilitate sanitary sewer manholes in the downtown area. Base Bid Alternate “A” allows for the reconstruction of the flow line at the base of the manhole. It was broken out this way to determine the cost of this operation and to better assess its value. Public Works staff feels the value of this work is worth the added cost. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to the low compliant bidder, Redina Construction Company of Glen Ellyn, Illinois in the amount of $259,833.00. Sample Motion Move to approve the bid award. Grand Island Council Session - 11/10/2020 Page 121 / 330 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 28, 2020 at 2:00 P.M. FOR: Downtown Sanitary Sewer Manhole Rehabilitation; Project No. 2020-S-7 DEPARTMENT: Public Works ESTIMATE: $610,000.00 FUND/ACCOUNT: 53030055-85213-53009 PUBLICATION DATE: September 30, 2020 NO. POTENTIAL BIDDERS: 11 SUMMARY Bidder: Myers Construction, Inc. McGill Restoration Broken Bow, NE Omaha, NE Bid Security: United Fire & Casualty Co. Universal Surety Co. Exceptions: None None C.1: $391,313.50 $839,013.00 C.1A: $478,753.50 $981,133.00 Bidder: Midlands Contracting, Inc. Redina Construction Co. Kearney, NE Glen Ellyn, IL Bid Security: Travelers Casualty & Surety Co. The Hanover Insurance Co. Exceptions: None None C.1: $268,516.20 $229,201.00 C.1A: $312,026.20 $259,833.00 cc: John Collins, Public Works Director Catrina Delosh, Admin. Asst. Public Works Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Robert Greenberg, WW Engineer 1 P2234 Grand Island Council Session - 11/10/2020 Page 122 / 330    CONTRACT AGREEMENT THIS AGREEMENT made and entered into this _____day of ______________, 2020, by and between Redina Construction Company, hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for construction of DOWNTOWN SANITARY SEWER MANHOLE REHABILITATION; PROJECT NO. 2020-S-7; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself or themselves, and its or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of TWO HUNDRED FIFTY NINE THOUSAND EIGHT HUNDRED THIRTY THREE & 00/100 ($259,833.00) for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of DOWNTOWN SANITARY SEWER MANHOLE REHABILITATION; PROJECT NO. 2020-S-7. ARTICLE IV. It is understood and agreed that time is of the essence of the Contract. No work shall commence until the Certificate of Insurance and bonds (when required) are approved by the City, the Contract is executed, the erosion control plan has been submitted, and a Notice to Proceed is issued. The Contractor shall coordinate with the City of Grand Island Public Works relative to scheduling work. All work, including restoration, shall be completed by July 1, 2021 for both the Base Bid Section and Alternate Bid Section “A”. Grand Island Council Session - 11/10/2020 Page 123 / 330 2 | Page  City of Grand Island| Contract Agreement  Downtown Sanitary Sewer Manhole Rehabilitation;   Project No. 2020‐S‐7  ARTICLE V. Should the Contractor fail to perform the work within the period of time stipulated in the Contract Agreement, the Contractor shall pay to the City, as liquidated damages and not as a penalty, $500.00 per calendar day for every calendar day past the completion date for all portions of the work of Base Bid Section and Alternate Bid Section “A” and as summarized in the labor standard clauses, unless extensions of time granted by the City specifically provide for the waiving of liquidated damages. The City shall have the right to deduct the liquidated damages from any moneys in its hands, otherwise due, or to become due, to the Contractor, or to sue for and recover compensation for damages for non-performance of this contract within the time stipulated. ARTICLE VI. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE VII. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. ARTICLE VIII. During the performance of this contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability and to comply at all times with all applicable state and federal civil rights acts and executive orders of the President of the United States. ARTICLE IX. Every public contractor and their subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE X. City Code states that it is unethical for any person to offer, give or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. ARTICLE XI. The City reserves the right to terminate this contract at any time upon sixty (60) days notice. If the contract is terminated, the contractor will be compensated for any services, not in dispute, rendered to date of termination. ARTICLE XII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE XIII. LB 403: Every public consultant and his, her or its subcontractors who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Grand Island Council Session - 11/10/2020 Page 124 / 330 3 | Page  City of Grand Island| Contract Agreement  Downtown Sanitary Sewer Manhole Rehabilitation;   Project No. 2020‐S‐7  IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. REDINA CONSTRUCTION COMPANY By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: City Clerk The contract and bond are in due form according to law and are hereby approved. Date Attorney for the City Grand Island Council Session - 11/10/2020 Page 125 / 330 4 | Page  City of Grand Island| Contract Agreement  Downtown Sanitary Sewer Manhole Rehabilitation;   Project No. 2020‐S‐7  APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this agreement, the consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "consultant") agrees as follows: (1) Compliance with Regulations: The consultant shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the consultant for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor supplier shall be notified by the consultant of the consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the consultant under the agreement until the consultant complies, and/or (b.) cancellation, termination or suspension of the agreement, in whole or in part. (6) Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The consultant shall take such action with respect to any subcontract or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the consultant may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the consultant may request the United States to enter into such litigation to protect the interests of the United States. Grand Island Council Session - 11/10/2020 Page 126 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-280 WHEREAS, the City of Grand Island invited sealed bids for Downtown Sanitary Sewer Manhole Rehabilitation; Project No. 2020-S-7, according to plans and specifications on file with the Public Works Department; and WHEREAS, on October 28, 2020 bids were received, opened, and reviewed; and WHEREAS, Redina Construction Company of Glen Ellyn, Illinois 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 $259,833.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Redina Construction Company of Glen Ellyn, Illinois in the amount of $259,833.00 for Downtown Sanitary Sewer Manhole Rehabilitation; Project No. 2020-S-7 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 127 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-11 #2020-281 - Approving Acquisition of Utility Easement in Bosselville Fifth Subdivision- 3502 West Wood River Road (Bosselman, Inc.; Parcel No. 400406772) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 128 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-281 WHEREAS, a public easement is required by the City of Grand Island, from Bosselman, Inc., in Outlot A of Bosselville Fifth Subdivision, City of Grand Island, Hall County, Nebraska and more particularly described as follows: BEGINNING AT THE NORTHEAST CORNER OF SAID OUTLOT A, THENCE S01o05’01”E (ASSUMED BEARING) ON THE EAST LINE OF SAID OUTLOT A, A DISTANCE OF 36.42 FEET TO THE SOUTHEAST CORNER OF SAID OUTLOT A, AND THE BEGINNING OF A CURVE LOCATED ON THE SOUTH LINE OF SAID OUTLOT A, THAT IS CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 612.98 FEET, A CHORD BEARING OF S74o42’55”W, A CHORD DISTANCE OF 44.30 FEET, AND AN ARC LENGTH OF 44.31 EFET, THENCE N37o23’26”E A DISTANCE OF 60.40 FEET TO THE NORTH LINE OF SAID OUTLOT A, THENCE N88o55’06”E ON SAID NORTH LINE A DISTANCE OF 5.37 FEET TO THE POINT OF BEGINNING, CONTAINING 897.2 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 easement from the property owner on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 129 / 330 Grand Island Council Session - 11/10/2020 Page 130 / 330  Grand IslandCouncil Session - 11/10/2020Page 131 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-12 #2020-282 - Approving Skid Steer Buy-Back for Streets Division Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 132 / 330 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:November 10, 2020 Subject:Approving Skid Steer Buy-Back for Streets Division Presenter(s):John Collins PE, Public Works Director Background The Streets Division currently owns two compact track loaders (skid steers). One compact track loader is a front line machine for the Streets Division’s concrete repair crew that is primarily used for concrete removal (sawing, hammering, and excavating). The other compact track loader is used mainly for asphalt roadway patching by clearing and loading millings from sections of roadway in preparation for new hot-mix asphalt. In November of 2014, the City Council approved the purchase of two new skid steers (one rubber tire and one track loader) and future participation in a buyback program with Central Nebraska Bobcat of Grand Island, NE. The Buyback program gives the City an opportunity to own a new machine, at minimal cost, each year lowering the risk of down time for a key piece of equipment and reducing equipment maintenance costs. The total cost for both skid steer buybacks is usually between $8,000 and $12,000. Bobcat has made some design changes on the machines this year and therefore the base price of the new machines went up significantly. With this design changes, they have also changed their model numbers. The dealership has ensured us that the price increase from year to year will even out next year so we do not expect the cost of the buyback program to increase as much in the next few years. Examples of Compact Track Loaders Grand Island Council Session - 11/10/2020 Page 133 / 330 Discussion The Net Cost breakdown for each skid steer is shown in the tables below. T76 T4 Bobcat Compact Track Loader New Machine Cost $59,133.64 Trade Value based on Buyback Agreement (T650 trade model)$46,710.00 Net Purchase Price $12,423.64 T66 (T595) T4 Bobcat Skid Steer Loader New Machine Cost $53,569.00 Trade Value based on Buyback Agreement (T595 trade model)$42,504.00 Net Purchase Price $11,065.00 Public Works staff is recommending participation in Bobcat’s buyback program and the purchase of a new a T76 T4 compact track loader for $59,133.64 with a trade-in value of $46,710.00 for a net purchase price of $12,423.64 and the purchase of a new T66 T4 compact track loader for $53,569.00 with a trade-in value of $42,504.00 for a net purchase price of $11,065.00 from Central Nebraska Bobcat of Grand Island, NE. 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 participation in Bobcat’s buyback program and the purchase of a new a T76 T4 compact track loader for $59,133.64 with a trade-in value of $46,710.00 for a net purchase price of $12,423.64 and the purchase of a new T66 T4 compact track loader for $53,569.00 with a trade-in value of $42,504.00 for a net purchase price of $11,065.00 from Central Nebraska Bobcat of Grand Island, NE. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/10/2020 Page 134 / 330 Approved as to Form ¤ ___________ November 6, 20202 ¤ City Attorney R E S O L U T I O N 2020-282 WHEREAS, the City of Grand Island City Council approved participation in a buyback program with Central Nebraska Bobcat of Grand Island, NE in November of 2014; and WHEREAS, Central Nebraska Bobcat quoted a price for purchasing a new a T76 T4 compact track loader for $59,133.64 with a trade-in value of $46,710.00 for a net purchase price of $12,423.64; and WHEREAS, Central Nebraska Bobcat quoted a price for purchasing a new T66 T4 compact track loader for $53,569.00 with a trade-in value of $42,504.00 for a net purchase price of $11,065.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a new T76 T4 compact track loader for $59,133.64 with a trade-in value of $46,710.00 for a net purchase price of $12,423.64 and the purchase of a new T66 T4 compact track loader for $53,569.00 with a trade-in value of $42,504.00 for a net purchase price of $11,065.00 from Central Nebraska Bobcat of Grand Island, NE is approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 135 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-13 #2020-283 - Approving Acquisition of Permanent Utility Easement for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions at 4010 Driftwood Drive (Shriner) and 818 N North Road (56 Land & Cattle Co., Inc.) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 136 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-283 WHEREAS, public utility easements are required by the City of Grand Island for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions, to construct and maintain such project; and WHEREAS, acquisition of the public utility easements is as follows: Property Owner Legal Description Robert L Shriner, Jr. and Dee Ann Shriner THE EAST FOURTEEN (14) FEET OF LOT TWO (2) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. 56 Land & Cattle Co., Inc. A 20-FOOT-WIDE PERMANENT UTILITY EASEMENT COMPRISING OF A PART OF PT S ½, NE ¼, SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 42, WESTWOOD PARK SUBDIVISION, THENCE N90o00’00”E, A DISTANCE OF SIX AND FIVE TENTHS (6.50) FEET; THENCE S00o00’00”E, A DISTANCE OF FIFTEEN (15) FEET; THENCE N90o00’00”W, A DISTANCE OF TWENTY (20) FEET; THENCE N00o00’00”E, A DISTANCE OF FIFTEEN (15) FEET; THENCE ALONG THE SOUTH LINE OF LOT 42, WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”E, A DISTANCE OF THIRTEEN AND FIVE TENTHS (13.50) FEET TO THE POINT OF BEGINNING AND CONTAINING 300.00 SQUARE FEET MORE OR LESS. AND A 8-FOOT-WIDE PERMANENT UTILITY EASEMENT COMPRISING OF A PART OF PT S ½, NE ¼, SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 41, WESTWOOD PARK SUBDIVISION; THENCE S00o00’00”E ALONG THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET TO THE SOUTHEAST CORNER OF LOT 33 WESTWOOD PARK SUBDIVISION; THENCE S90o00’00”E, A DISTANCE OF EIGHT (8) FEET; THENCE N00o00’00”E PARALLEL WITH THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET; THENCE ALONG THE SOUTH LINE OF LOT 41, WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”W, A DISTANCE OF EIGHT (8) FEET TO THE POINT OF BEGINNING CONTAINING 2896.000 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, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: ______________________________________ Grand Island Council Session - 11/10/2020 Page 137 / 330 - 2 - RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 138 / 330 LOT 1WESTWOOD PARK SUBDIVISIONLOT 2WESTWOOD PARK SUBDIVISIONLOT 3OUTLOT A20' PROPOSED TEMPORARY EASEMENT14' PROPOSED PERMANENT EASEMENTN02040GRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB. - LOT 28' EXISTING EASEMENT4' EXISTING EASEMENTNORTH ROADDRIFTWOOD DRIVETEMPORARY CONSTRUCTION EASEMENT #2 DESCRIPTIONPERMANENT UTILTIY EASEMENT #2 DESCRIPTIONSUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT TWO (2) IN WESTWOOD PARK NEBRASKA PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, THE EAST FOURTEEN (14) FEET OF LOT TWO (2) IN WESTWOOD PERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGEND2PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 139 / 330 Grand Island Council Session - 11/10/2020 Page 140 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-14 #2020-284 - Approving Temporary Construction Easements for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/10/2020 Page 141 / 330 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 10, 2020 Subject:Approving Temporary Construction Easements for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions Presenter(s):John Collins PE, Public Works Director Background Sanitary Sewer District No. 544 was continued by City Council through Resolution No. 2020-78 at their March 24, 2020 meeting. Temporary Construction easements are needed to accommodate the extension of sanitary sewer to serve an area previously unserved that is located within the new subdivision of Ellington Pointe and the existing subdivision of Westwood Park (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. Discussion Temporary construction easements are needed from several property owners for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions to be constructed. Public Works staff negotiated with the affected property owners for use of the temporary construction easement area, with the necessary documents signed. The cost for this easement is for the impacts to the property such as sprinkler systems, landscaping, trees, moving fences, etc. The homeowners will be responsible for completing these items after construction of the sanitary sewer system is finished. Property Owner Legal Description Amount Darwin O. Barnes and Alice A. Barnes THE EAST TWENTY (20) FEET OF LOT FORTY-FOUR (44) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $5,174.00 Scott E. Madison and Connie J. Madison THE EAST TWENTY (20) FEET OF LOT THIRTY-SEVEN (37) IN WESTWOOD PARK SUBDIVISION, CITY OF $2,821.00 Grand Island Council Session - 11/10/2020 Page 142 / 330 GRAND ISLAND, HALL COUNTY, NEBRASKA Michael James Hoffman and Lisa Lynn Hoffman THE EAST TWENTY (20) FEET OF LOT THIRTY-FIVE (35) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $3,000.00 Scott L. Dubbs and Karisa A. Dubbs THE EAST TWENTY (20) FEET OF LOT THIRTY-FOUR (34) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $2,494.00 Wade E. Williby THE EAST TWENTY (20) FEET OF LOT THIRTY-THREE (33) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $1,595.00 Robert L. Shriner, Jr. and Dee Ann Shriner THE EAST TWENTY (20) FEET OF LOT TWO (2) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $9,691.00 Timothy M. Wojtalewicz and Kaylyn M Wojtalewicz THE WEST TWENTY (20) FEET OF LOT THIRTY-NINE (39) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $3,073.00 Allan J. Thomson and Maureen A. Thomson THE WEST TWENTY (20) FEET OF LOT FOUR (4) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $6,450.00 Timothy J. Nordstrom and Jacqueline M. Osentowski THE WEST TWENTY (20) FEET OF LOT FORTY (40) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $4,028.00 Larry E. Hoback and Mindi J. Hoback THE EAST TWENTY (20) FEET OF LOT THIRTY-EIGHT (38) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $2,444.00 Glen L. Grubbs and Janice K. Grubbs THE EAST TWENTY (20) FEET OF LOT FORTY-THREE (43) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $10,733.00 Leroy Wood and Stephanie Wood THE EAST TWENTY (20) FEET OF LOT THIRTY-SIX (36) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $750.00 56 Land & Cattle Co., Inc. A 30 BY 40-FOOT WIDE TEMPORARY UTILITY EASEMENT COMPRISING OF A PART OF PT S ½ NE ¼ SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, CONTAINING 900.00 SQUARE FEET MORE OR LESS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 42 WESTWOOD PARK SUBDIVISION, THENCE N90o00’00”E, A DISTANCE OF TWENTY (20) FEET; THENCE S00o00’00”E, A DISTANCE OF THIRTY (30) FEET; THENCE N90o00’00”W, A DISTANCE OF FORTY (40) FEET; THENCE N00o00’00”E, A DISTANCE OF THIRTY (30) FEET; THENCE ALONG THE SOUTH LINE LOT 42 WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”E, A DISTANCE OF TWENTY (20) FEET TO THE POINT OF $1,700.00 Grand Island Council Session - 11/10/2020 Page 143 / 330 BEGINNING AND CONTAINING 1200.00 SQUARE FEET MORE OR LESS. MINUS AN AREA COMMENCING AT THE SOUTHEAST CORNER OF LOT 42 WESTWOOD PARK SUBDIVISION, THENCE N90o00’00”E, A DISTANCE OF SIX AND FIVE TENTHS (6.5) FEET; THENCE S00o00’00”E, A DISTANCE OF FIFTEEN (15) FEET; THENCE N90o00’00”W, A DISTANCE OF TWENTY (20) FEET; THENCE N00o00’00”E, A DISTANCE OF FIFTEEN (15) FEET; THENCE ALONG THE SOUTH LINE LOT 42 WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”E, A DISTANCE OF THIRTEEN AND FIVE TENTHS (13.5) FEET TO THE POINT OF BEGINNING AND CONTAINING 300.00 SQUARE FEET MORE OR LESS. AND A 12-FOOT-WIDE TEMPORARY UTILITY EASEMENT COMPRISING OF A PART OF PT S1/2 NE1/4 SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, CONTAINING 4338.00 SQUARE FEET MORE OR LESS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 41; WESTWOOD PARK SUBDIVISION, THENCE S00o00’00”E ALONG THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET TO THE SOUTHEAST CORNER OF LOT 33 WESTWOOD PARK SUBDIVISION; THENCE S90o00’00”E, A DISTANCE OF TWENTY (20) FEET; THENCE N00o00’00”E PARALLEL WITH THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET; THENCE ALONG THE SOUTH LINE OF LOT 41 WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”W, A DISTANCE OF TWENTY (20) FEET TO THE POINT OF BEGINNING CONTAINING 7234.00 SQUARE FEET MORE OR LESS. MINUS AN AREA COMMENCING AT THE SOUTHWEST CORNER OF LOT 41 WESTWOOD PARK SUBDIVISION, THENCE S00o00’00”E ALONG THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET TO THE SOUTHEAST CORNER OF LOT 33 WESTWOOD PARK SUBDIVISION; THENCE S90o00’00”E, A DISTANCE OF EIGHT (8) FEET; THENCE N00o00’00”E PARALLEL WITH THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET; THENCE ALONG THE SOUTH LINE OF LOT 41 WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”W, A Grand Island Council Session - 11/10/2020 Page 144 / 330 DISTANCE OF EIGHT (8) FEET TO THE POINT OF BEGINNING CONTAINING 2896.00 SQUARE FEET MORE OR LESS. TOTAL= $53,953.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Temporary Construction Easements between the City of Grand Island and the affected property owners for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 11/10/2020 Page 145 / 330 Approved as to Form ¤ ___________ November 4, 2020 ¤ City Attorney R E S O L U T I O N 2020-284 WHEREAS, temporary construction easements are required by the City of Grand Island for the Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions, to construct such project; and WHEREAS, acquisition of the temporary easements is as follows: Property Owner Legal Description Amount Darwin O. Barnes and Alice A. Barnes THE EAST TWENTY (20) FEET OF LOT FORTY-FOUR (44) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $5,174.00 Scott E. Madison and Connie J. Madison THE EAST TWENTY (20) FEET OF LOT THIRTY-SEVEN (37) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $2,821.00 Michael James Hoffman and Lisa Lynn Hoffman THE EAST TWENTY (20) FEET OF LOT THIRTY-FIVE (35) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $3,000.00 Scott L. Dubbs and Karisa A. Dubbs THE EAST TWENTY (20) FEET OF LOT THIRTY-FOUR (34) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $2,494.00 Wade E. Williby THE EAST TWENTY (20) FEET OF LOT THIRTY-THREE (33) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $1,595.00 Robert L. Shriner, Jr. and Dee Ann Shriner THE EAST TWENTY (20) FEET OF LOT TWO (2) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $9,691.00 Timothy M. Wojtalewicz and Kaylyn M Wojtalewicz THE WEST TWENTY (20) FEET OF LOT THIRTY-NINE (39) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $3,073.00 Allan J. Thomson and Maureen A. Thomson THE WEST TWENTY (20) FEET OF LOT FOUR (4) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $6,450.00 Timothy J. Nordstrom and Jacqueline M. Osentowski THE WEST TWENTY (20) FEET OF LOT FORTY (40) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $4,028.00 Larry E. Hoback and Mindi J. Hoback THE EAST TWENTY (20) FEET OF LOT THIRTY-EIGHT (38) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $2,444.00 Glen L. Grubbs and Janice K. Grubbs THE EAST TWENTY (20) FEET OF LOT FORTY-THREE (43) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $10,733.00 Leroy Wood and Stephanie Wood THE EAST TWENTY (20) FEET OF LOT THIRTY-SIX (36) IN WESTWOOD PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA $750.00 56 Land & Cattle Co., Inc. A 30 BY 40-FOOT WIDE TEMPORARY UTILITY $1,700.00 Grand Island Council Session - 11/10/2020 Page 146 / 330 - 2 - EASEMENT COMPRISING OF A PART OF PT S ½ NE ¼ SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, CONTAINING 900.00 SQUARE FEET MORE OR LESS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 42 WESTWOOD PARK SUBDIVISION, THENCE N90o00’00”E, A DISTANCE OF TWENTY (20) FEET; THENCE S00o00’00”E, A DISTANCE OF THIRTY (30) FEET; THENCE N90o00’00”W, A DISTANCE OF FORTY (40) FEET; THENCE N00o00’00”E, A DISTANCE OF THIRTY (30) FEET; THENCE ALONG THE SOUTH LINE LOT 42 WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”E, A DISTANCE OF TWENTY (20) FEET TO THE POINT OF BEGINNING AND CONTAINING 1200.00 SQUARE FEET MORE OR LESS. MINUS AN AREA COMMENCING AT THE SOUTHEAST CORNER OF LOT 42 WESTWOOD PARK SUBDIVISION, THENCE N90o00’00”E, A DISTANCE OF SIX AND FIVE TENTHS (6.5) FEET; THENCE S00o00’00”E, A DISTANCE OF FIFTEEN (15) FEET; THENCE N90o00’00”W, A DISTANCE OF TWENTY (20) FEET; THENCE N00o00’00”E, A DISTANCE OF FIFTEEN (15) FEET; THENCE ALONG THE SOUTH LINE LOT 42 WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”E, A DISTANCE OF THIRTEEN AND FIVE TENTHS (13.5) FEET TO THE POINT OF BEGINNING AND CONTAINING 300.00 SQUARE FEET MORE OR LESS. AND A 12-FOOT-WIDE TEMPORARY UTILITY EASEMENT COMPRISING OF A PART OF PT S1/2 NE1/4 SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, CONTAINING 4338.00 SQUARE FEET MORE OR LESS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 41; WESTWOOD PARK SUBDIVISION, THENCE S00o00’00”E ALONG THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET TO THE SOUTHEAST CORNER OF LOT 33 WESTWOOD PARK SUBDIVISION; THENCE S90o00’00”E, A DISTANCE OF TWENTY (20) FEET; THENCE N00o00’00”E PARALLEL WITH THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET; THENCE ALONG THE SOUTH LINE OF LOT 41 Grand Island Council Session - 11/10/2020 Page 147 / 330 - 3 - WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”W, A DISTANCE OF TWENTY (20) FEET TO THE POINT OF BEGINNING CONTAINING 7234.00 SQUARE FEET MORE OR LESS. MINUS AN AREA COMMENCING AT THE SOUTHWEST CORNER OF LOT 41 WESTWOOD PARK SUBDIVISION, THENCE S00o00’00”E ALONG THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET TO THE SOUTHEAST CORNER OF LOT 33 WESTWOOD PARK SUBDIVISION; THENCE S90o00’00”E, A DISTANCE OF EIGHT (8) FEET; THENCE N00o00’00”E PARALLEL WITH THE EAST LINE OF WESTWOOD PARK SUBDIVISION, A DISTANCE OF THREE HUNDRED SIXTY TWO (362) FEET; THENCE ALONG THE SOUTH LINE OF LOT 41 WESTWOOD PARK SUBDIVISION ON A BEARING OF N90o00’00”W, A DISTANCE OF EIGHT (8) FEET TO THE POINT OF BEGINNING CONTAINING 2896.00 SQUARE FEET MORE OR LESS. TOTAL= $53,953.00 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, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 148 / 330 20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENTN02040PERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 43PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT FORTY-FOUR (44) IN WESTWOOD TEMPORARY CONSTRUCTION EASEMENT #12 DESCRIPTIONLOT 43WESTWOOD PARK SUBDIVISIONLOT 46WESTWOOD PARK SUBDIVISIONLOT 44WESTWOOD PARK SUBDIVISIONLOT 45WESTWOOD PARK SUBDIVISIONDRIFTWOOD DRIVE4' EXISTING EASEMENT10PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 149 / 330 LOT 38WESTWOOD PARK SUBDIVISIONLOT 37WESTWOOD PARK SUBDIVISIONLOT 36WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENT4' EXISTING EASEMENTPERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 37TEMPORARY CONSTRUCTION EASEMENT #17 DESCRIPTIONN020405' EXISTING EASEMENTPARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT THIRTY-SEVEN (37) IN WESTWOOD SWEETWOOD DRIVE15PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 150 / 330 LOT 36WESTWOOD PARK SUBDIVISIONLOT 35WESTWOOD PARK SUBDIVISIONLOT 34WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENT4' EXISTING EASEMENTPERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 35TEMPORARY CONSTRUCTION EASEMENT #19 DESCRIPTIONN02040SWEETWOOD DRIVEPARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT THIRTY-FIVE (35) IN WESTWOOD 17PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 151 / 330 LOT 35WESTWOOD PARK SUBDIVISIONLOT 34WESTWOOD PARK SUBDIVISIONLOT 33WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENT4' EXISTING EASEMENTPERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 34TEMPORARY CONSTRUCTION EASEMENT #20 DESCRIPTIONN02040SWEETWOOD DRIVEPARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT THIRTY-FOUR (34) IN WESTWOOD 8' EXISTING EASEMENT18PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 152 / 330 LOT 32WESTWOOD PARK SUBDIVISIONLOT 34WESTWOOD PARK SUBDIVISIONLOT 33WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENT4' EXISTING EASEMENTPERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 33TEMPORARY CONSTRUCTION EASEMENT #21 DESCRIPTIONN02040SWEETWOOD DRIVEPARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT THIRTY-THREE (33) IN WESTWOOD 8' EXISTING EASEMENT19PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 153 / 330 LOT 1WESTWOOD PARK SUBDIVISIONLOT 2WESTWOOD PARK SUBDIVISIONLOT 3OUTLOT A20' PROPOSED TEMPORARY EASEMENT14' PROPOSED PERMANENT EASEMENTN02040GRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB. - LOT 28' EXISTING EASEMENT4' EXISTING EASEMENTNORTH ROADDRIFTWOOD DRIVETEMPORARY CONSTRUCTION EASEMENT #2 DESCRIPTIONPERMANENT UTILTIY EASEMENT #2 DESCRIPTIONSUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT TWO (2) IN WESTWOOD PARK NEBRASKA PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, THE EAST FOURTEEN (14) FEET OF LOT TWO (2) IN WESTWOOD PERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGEND2PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 154 / 330 LOT 40WESTWOOD PARK SUBDIVISIONLOT 39WESTWOOD PARK SUBDIVISIONLOT 38WESTWOOD PARK SUBDIVISIONLOT 37WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENTN02040PERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 39PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE WEST TWENTY (20) FEET OF LOT THIRTY-NINE (39) IN WESTWOOD TEMPORARY CONSTRUCTION EASEMENT #13 DESCRIPTIONDRIFTWOOD DRIVE4' EXISTING EASEMENT11PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 155 / 330 LOT 3WESTWOOD PARK SUBDIVISIONLOT 4WESTWOOD PARK SUBDIVISIONLOT 5WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT14' PROPOSED PERMANENT EASEMENTN02040GRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB. - LOT 48' EXISTING EASEMENT4' EXISTING EASEMENTDRIFTWOOD DRIVETEMPORARY CONSTRUCTION EASEMENT #3 DESCRIPTIONPERMANENT UTILTIY EASEMENT #3 DESCRIPTIONSUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE WEST TWENTY (20) FEET OF LOT FOUR (4) IN WESTWOOD PARK NEBRASKA PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, THE WEST FOURTEEN (14) FEET OF LOT FOUR (4) IN WESTWOOD PERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGEND3PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 156 / 330 LOT 41WESTWOOD PARK SUBDIVISIONLOT 40WESTWOOD PARK SUBDIVISIONLOT 39WESTWOOD PARK SUBDIVISIONLOT 38WESTWOOD PARK SUBDIVISIONLOT 37WESTWOOD PARK SUBDIVISIONLOT 36WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENTPERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 40TEMPORARY CONSTRUCTION EASEMENT #14 DESCRIPTIONN02040SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE WEST TWENTY (20) FEET OF LOT FORTY (40) IN WESTWOOD PARK 4' EXISTING EASEMENT12PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 157 / 330 LOT 38WESTWOOD PARK SUBDIVISIONLOT 37WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENT4' EXISTING EASEMENTPERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 38TEMPORARY CONSTRUCTION EASEMENT #16 DESCRIPTIONN020404' EXISTING EASEMENTPARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT THIRTY-EIGHT (38) IN WESTWOOD DRIFTWOOD DRIVESWEETWOOD DRIVE14PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 158 / 330 LOT 47WESTWOOD PARK SUBDIVISIONLOT 46WESTWOOD PARK SUBDIVISIONLOT 45WESTWOOD PARK SUBDIVISIONLOT 44WESTWOOD PARK SUBDIVISIONLOT 43WESTWOOD PARK SUBDIVISIONLOT 42WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENTN02040PERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 43PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT FORTY-THREE (43) IN WESTWOOD TEMPORARY CONSTRUCTION EASEMENT #11 DESCRIPTION9PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 159 / 330 LOT 37WESTWOOD PARK SUBDIVISIONLOT 36WESTWOOD PARK SUBDIVISIONLOT 35WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT8' EXISTING EASEMENT4' EXISTING EASEMENTPERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGENDGRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB.- LOT 36TEMPORARY CONSTRUCTION EASEMENT #18 DESCRIPTIONN02040SWEETWOOD DRIVEPARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE EAST TWENTY (20) FEET OF LOT THIRTY-SIX (36) IN WESTWOOD 5' EXISTING EASEMENT16PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 11/10/2020Page 160 / 330 Grand Island Council Session - 11/10/2020 Page 161 / 330 Grand Island Council Session - 11/10/2020 Page 162 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-15 #2020-285 - Approving Final Plat and Subdivision Agreement for Brooklyn Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 11/10/2020 Page 163 / 330 Council Agenda Memo From:Regional Planning Commission Meeting:November 10, 2020 Subject:Brooklyn Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of Capital Avenue west of St. Paul Road in Grand Island, Nebraska. (2 lots, 10.0986 acres). This property is zoned LLR – Large Lot Residential. A tract of land comprising the South Five (5.0) acres of the Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4), and the North Five (5.0) acres of the Southeast Quarter of the Southeast Quarter (SE1/4, SE1/4) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska. Discussion The final plat for Brooklyn Subdivision were considered at the Regional Planning Commission at the June 3, 2020 meeting. A motion was made by Randone and second by Nelson to approve the final plat for Brooklyn Subdivision. The motion was carried with eight members voting in favor (Nelson, O’Neill, Ruge, Monter, Maurer, Rubio, Hendricksen and Randone) and 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 - 11/10/2020 Page 164 / 330 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 11/10/2020 Page 165 / 330 Developer/Owner Gerald L. Pamela K. Dean 14 St. James Place Grand Island, NE 68803 To create Size: Final Plat 2 lots, 10.0986 Acres Zoning: LLR Large Lot Residential Road Access: Existing rural section county road (St. Paul Road) Water: Private well water not available. Existing well for current home. Sewer: Private Septic sewer not available. Existing septic for current home. Grand Island Council Session - 11/10/2020 Page 166 / 330 Grand Island Council Session - 11/10/2020 Page 167 / 330 Grand Island Council Session - 11/10/2020 Page 168 / 330 SUBDIVISION AGREEMENT BROOKLYN SUBDIVISION 557 Lots In the City of Grand Island, Hall County Nebraska The undersigned, Gerald L. and Pamela K. Dean, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A tract of land comprising the South Five (5.0) acres of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), and the North Five (5.0) acres of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: Beginning at a point on the east line of said Northeast Quarter of the Southeast Quarter (NE1/4 * This Space Reserved for Register of Deeds * Grand Island Council Session - 11/10/2020 Page 169 / 330 - 2 - SE1/4), said point being One Thousand One Hundred Fifteen and Twenty Eight Hundredths (1,115.28) feet south of the northeast corner of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), said point also being the southeast corner of Pollock Subdivision; thence running southerly, along and upon the east line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), and along and upon the east line of of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), a distance of Three Hundred Twenty Nine and Eighty Nine Hundredths (329.89) feet; thence deflecting right 91°27'37" and running westerly, a distance of One Thousand Three Hundred Thirty Six and Sixteen Hundredths (1,336.16) feet to a point on the west line of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4); thence deflecting right 88°44'43" and running northerly, along and upon the west line of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), and along and upon the west line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), a distance of Three Hundred Twenty Nine and Nine Hundredths (329.09) feet to the southwest corner of said Pollock Subdivision, thence deflecting right 91°13'19" and running easterly, along and upon the south line of said Pollock Subdivision, a distance of One Thousand Three Hundred Thirty Four and Ninety Six Hundredths (1,334.96) feet to the point of beginning. Actual tract containing 10.099 acres, more or less. Grand Island Council Session - 11/10/2020 Page 170 / 330 - 3 - desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as BROOKLYN SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said BROOKLYN SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1. Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for Saint Paul Road where it abuts the subdivision. 2. Water. Public water supply is not available to the subdivision. Therefore, individual water well systems shall be permissible on an initial basis. The Subdivider waives the right to protest the creation of any future water district within or abutting the subdivision. 3. Sanitary Sewer. Public sanitary sewer main is not available to the subdivision; therefore individual systems shall be permissible on an initial basis. However, the Subdivider waives the right to protest the creation of a sanitary sewer district within or abutting the subdivision. 4. Storm Drainage. The Subdivider agrees to provide and maintain positive Grand Island Council Session - 11/10/2020 Page 171 / 330 - 4 - drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5. Sidewalks. Immediate sidewalk construction adjacent to Saint Paul Road shall be waived. However, the sidewalks shall be constructed when the property owner is directed to do so by the City Council. In the event a Street Improvement District is created to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within one year of the completion of such street improvement district in accordance with the City of Grand Island Sidewalk Policy. The Subdivider shall maintain all public sidewalks required by the City of Grand Island. 6. Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7. Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Grand Island Council Session - 11/10/2020 Page 172 / 330 - 5 - Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 8. Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as BROOKLYN SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 9. Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2020. GERALD L. AND PAMELA K. DEAN, Subdivider By: ____________________________________ Gerald L. Dean By: ____________________________________ Pamela K. Dean STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) Grand Island Council Session - 11/10/2020 Page 173 / 330 - 6 - On _________________________, 2020, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gerald L. Dean and Pamela K. Dean, husband and wife, known personally to me to be the identical person(s) and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By: ____________________________________ Roger G. Steele, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2020, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2020-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 11/10/2020 Page 174 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-285 WHEREAS know all men by these presents, that Gerald L. and Pamela K. Dean, husband and wife, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “BROOKLYN SUBDIVISION”, a tract of land consisting of part of the southeast quarter (SE ¼) of Section four (4), Township eleven (11) north, range nine (9) west of the 6th P.M., in the jurisdiction of the City of Grand Island, Hall County Nebraska. 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 BROOKLYN 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, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 175 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-16 #2020-286 - Approving CDBG-CV Agreement with Heartland United Way Staff Contact: Amber Alvidrez Grand Island Council Session - 11/10/2020 Page 176 / 330 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting:November 10, 2020 Subject:Approving Agreement CDBG #2019-6-CV with Heartland United Way Presenter(s):Amber Alvidrez, Community Development Administrator Background In response to the Coronavirus Pandemic (COVID-19), the United States Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) program has notified each Entitlement community, that they will receive a formula allocation from the first round of CDBG-CV funding to be used specifically for the prevention of, preparation for, and response to the COVID-19. This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed on March 27, 2020. The City of Grand was awarded $251,459.00 of CDBG-CV funds to implement or award to sub-grantees to implement programs that prepare, prevent or respond to COVID-19. Discussion The Community Development Division recommends awarding $44,459 of the CDBG- CV funds to the Heartland United Way to implement a Protect GI Coronavirus program. Heartland United Way will use these funds in order to provide Personal Protective Equipment, cleaning solutions and other necessary sanitizing items to local non-profits, churches and schools within the City of Grand Island, so that they may continue to provide necessary services within our community. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/10/2020 Page 177 / 330 Recommendation City Administration recommends that the Council approves CDBG Contract #2019-6-CV with Heartland United Way and authorizes Mayor to sign all related documents. Sample Motion Move to approve CDBG Contract #2019-6-CV with Heartland United Way. Grand Island Council Session - 11/10/2020 Page 178 / 330 1 SUBRECIPIENT CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ENTITLEMENT FUNDS SECTION I. RECITALS THIS AGREEMENT, made and entered into this 10th day of November, 2020 by and between the City of Grand Island ("City/Grantee,") and The Heartland United Way ("Sub recipient,") witnesseth: WHEREAS, the Grantee has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SECTION II. SCOPE OF SERVICE A. Activities The Sub recipient will be responsible for administering a CDBG Coronavirus Relief funds in the form of Entitlement Housing Rehabilitation, Public Facility, Public Improvement Public Service or Economic Development program in a manner satisfactory to the City/Grantee and consistent with any standards required as a condition of providing the funds, and consistent with all provisions of this Agreement. Sub recipient warrants and represents it has the requisite authority and capacity to perform all terms and conditions on Sub recipients part to be performed hereunder. B. Program Delivery The Heartland United Way shall use Forty Four Thousand, Four hundred and Fifty Nine Dollars and 00/100 ($44,459.00) of Community Development Block Grant Coronavirus response (CBDG-CV) funds for cost associated with implementing protect GI program as submitted in the application for Community Development Block Grant Coronavirus (CDBG) funds dated (November 10, 2020) toward the goal of meeting an urgent need within Grand Island. The Sub-recipient’s program will provide Personal Protective equipment, disinfectant and other supplies necessary to schools, non-profits or residents of Grand Island who are in need in order to Prepare, prevent or respond to the COVID-19 pandemic. Grand Island Council Session - 11/10/2020 Page 179 / 330 2 The major tasks the Sub recipient will perform include, but are not necessarily limited to the following: a. create Protect G.I. program b. Provide services to households, school or non-profits within Grand Island who are in need of personal protective equipment and sanitation supplies. c. Purchase any materials needed to implement the Protect G. I. program. C. National Objective Compliance The Sub recipient certifies that the activity (ies) carried out under this Agreement will meet the following H.U.D. National Objective: Meet and Urgent Need Failure by the Sub recipient to fulfill the National Objective may result in grant funds being disallowed and required to be returned to the City/Grantee. D. Level(s) of Performance & Accomplishment - Goals and Performance Measures a.The Sub-recipient’s goal is to create the Protect G. I. program that will continue for a minimum of 1 year. The Sub-recipient is responsible to perform all administrative services necessary to administer the above mentioned program. b.The Sub-Recipient is to provide quarterly reports on achievements and program impact to include a.Number of persons served b.A summary of project progress Units of Service include: The Sub-recipient’s progress will be monitored by the amount of persons served. The Sub-recipient will benefit a minimum of 2,000 people. E. Project Description Type of Project: Urgent Need Project Location: City of Grand Island Service Area: City of Grand Island Project: 2019-6-CV Basic Eligibility Citation: 24 CFR 570.201 Amount Funded: $44,459.00 F. Performance Monitoring Grand Island Council Session - 11/10/2020 Page 180 / 330 3 The City/Grantee reserves the right to monitor and evaluate the progress and Performance of the Sub recipient to assure the terms of this agreement are being satisfactorily met in accordance with HUD, City/Grantee and other applicable monitoring and evaluating criteria and standards. Sub recipient shall cooperate with the City/Grantee relating to such monitoring and evaluation. The City/Grantee will monitor the performance of the Sub recipient against goals and performance standards as stated above. Substandard performance as determined by the City/Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub recipient within a reasonable 90 days of time after being notified by the City/Grantee, Agreement suspension or termination procedures will be initiated. G. Time of Performance The Sub-recipient shall perform the services set out above, and shall expend the Community Development Block Grant Coronavirus Response funding provided for above between November 10, 2020 and November 10, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub recipient remains in control of CDBG-CV funds or other CDBG or CDBG-CV assets, including program income. H. Budget The Sub-recipient shall use Forty Four Thousand, Four hundred and Fifty Nine Dollars and 00/100 ($44,459.00) of Community Development Block Grant Coronavirus Response funds to provide services associated with the Protect G.I. Program. In addition, the City/Grantee may require a more detailed budget breakdown than the one contained herein, and the Sub recipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City/Grantee. Any amendments to this budget must be approved in writing by the City/Grantee and Sub recipient. I. Compensation and Method of Payment If Sub recipient is not in default hereunder, and subject to City/Grantee's receipt of the U.S. Department of Housing & Urban Development Community Development Block Grant funds, and provided the Agreement and Scope of Service are eligible Expenditures of Community Development Block Grant funds, the City/Grantee agrees to pay the Sub recipient an amount not to exceed Forty Four Thousand, Four hundred and Fifty Nine Dollars and 00/100 ($44,459.00). There are no eligible delivery costs. Payments may be contingent upon certification of the Sub recipients’ financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. Grand Island Council Session - 11/10/2020 Page 181 / 330 4 a. Draw-down requests may be submitted to the Community Development Administrator. Draw-down requests must be in writing and accompanied by acceptable documentation supporting the draw-down amount. Documentation should include, at a minimum, the following information: 1) Invoice itemizing amounts requested; 2) Supporting documentation for each item; and 3) Payroll slips or time cards, if applicable. Additional documentation may be requested as needed for clarification. Payment requests require City/Grantee Council approval prior to disbursal. J. Environmental Review An Environmental Review must be completed prior to the Sub recipient Committing or expending any Community Development Block Grant funds. The City of Grand Island will conduct the Environmental Review and provide documentation of the findings to the Sub-recipient upon its completion. The Sub recipient may not proceed with any services until receipt of written notification of the Environmental Review findings by the City/Grantee. If the Environmental Review requires mitigation, no funds may be expended until mitigation has been accomplished and certified as completed and meeting HUD minimum standards by an acceptable source to the City/Grantee. Documentation evidencing the Sub recipients’ completion of its responsibilities and compliance with the National Environmental Policy Act of 1969 (NEPA), and other provisions of federal law as specified in 24 C.F.R. Part 58 which furthers the purposes of the NEPA. K. Procurement Standards and Code of Conduct Documentation evidencing adoption of Procurement Standards and Code of Conduct equivalent to those established in 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR Part 570. L. Fair Housing Documentation that the Sub recipient has specifically provided a description of the actions they will take during the course of the grant to fulfill the requirements to affirmatively further fair housing. (Applicable to housing projects) M. Implementation Schedule CDBG Sub recipient to complete and submit to the City/Grantee the Implementation Schedule form. N. Sources and Uses of Funds (if applicable) Grand Island Council Session - 11/10/2020 Page 182 / 330 5 not applicable O. Other Special Conditions Indenture of restrictive covenants, Davis Bacon sub recipient and contractor’s meeting, Davis Bacon regulations apply. P. Notices Notices required by this Agreement shall be in writing and delivered via United States Postal Service mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following agreement representatives: City/Grantee Sub-recipient: City of Grand Island Heartland United Way ATTN: Community Development Division Karen Rathke 100 East First Street 1441 N Webb Grand Island NE, 68801-1968 Grand Island NE, 68801 Telephone: (308)385-5444 ext. 212 Telephone:308-382-2675 Fax: (308) 385-5488 Fax: SECTION III. GENERAL CONDITIONS A. General Compliance Any changes to the program goals, scope of services, schedule or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Sub-recipient and the City/Grantee. Changes to key Personnel assigned or their general responsibilities under this project are subject to notification and approval from the City/Grantee. The Sub-recipient hereby agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including Subpart K of these regulations). The Sub-recipient also agrees to comply with all other Grand Island Council Session - 11/10/2020 Page 183 / 330 6 applicable federal, state, and local laws, regulations, and policies governing the funds provided under this agreement. The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “independent contractor” with respect to services to be performed under this Agreement. The City/Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker’s Compensation Insurance, as the Sub-recipient is an independent contractor. Sub-recipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. C. Hold Harmless Sub-recipient further agrees to indemnify, defend and hold harmless the City/Grantee, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties or attorney fees, arising from such injuries to persons, or damages to property, or based upon or arising out of the performance or non-performance of this Agreement by Sub recipient, or out of any violation of Sub recipient of any local, state, or federal statute, ordinance, rule or regulation. D. Worker’s Compensation The Sub recipient shall provide Workers’ Compensation Insurance coverage in the amount required by law, for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The Sub recipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City/Grantee. The Sub recipient shall comply with the bonding and insurance requirements of 2 CFR 200, as now in effect and as may be amended from time to time. F. City/Grantee Recognition The Sub recipient shall ensure recognition of the role of the City/Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In Grand Island Council Session - 11/10/2020 Page 184 / 330 7 addition, the Sub recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The City/Grantee or Sub recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City/Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City/Grantee or Sub recipient from its obligations under this Agreement. The City/Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City/Grantee and Sub recipient. SECTION IV. LIABILITY Sub recipient agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or non-performance of this Agreement by Sub recipient, or by the conditions created thereby. SECTION V. SUSPENSION OR TERMINATION FOR CAUSE In accordance with 2 CFR 200, as now in effect and as may be amended from time to time, the City/Grantee may suspend or terminate this Agreement if the Sub recipient materially fails to comply with any terms of this Agreement, which include but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; 4. Submission by the Sub recipient to the City/Grantee reports that are incorrect or incomplete in any material respect; or Grand Island Council Session - 11/10/2020 Page 185 / 330 8 5. Financial instability of the Sub recipient organization that will affect the abilities of the organization to carry out or complete the stated activities and scope of work. In the event of agency financial instability, a default or violation of the terms of this Agreement by the Sub recipient, or failure to use the grant for only those purposes set forth, the City/Grantee may take the following actions: A. Suspension for Cause After notice to the Sub recipient, the City/Grantee may suspend the Agreement and withhold any further payment or prohibit the Sub recipient from incurring additional obligations of grant funds, pending corrective action by the Sub recipient or a decision to terminate. B. Termination for Cause This Agreement may be terminated, in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, if the Sub recipient materially fails to comply with any term of the Agreement or applicable federal regulations. The City/Grantee may terminate the Agreement upon ten (10) days written notice, together with documentation of the reasons therefore, and after an opportunity for a hearing is afforded. The determination of the City/Grantee as to the cause of termination and the appropriateness therefore shall be final and binding upon both City/Grantee and Sub recipient. In the event projects are delayed, the Sub recipient shall notify the City/Grantee in writing, informing the City/Grantee of the issues surrounding the delay of the project. In cases where the project is not moving forward, the City/Grantee shall notify the Sub recipient of termination of the funding. In the event of termination, all finished or unfinished documents, data, studies and reports prepared by the Sub recipient under this Agreement shall, at the option of the City/Grantee, become its property and the Sub recipient shall be entitled to receive just and equitable compensation for satisfactory work completed on such materials for which compensation has not previously been paid. SECTION VI. TERMINATION FOR CONVENIENCE This Agreement may be terminated for convenience in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, by either the City/Grantee or the Sub recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City/Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City/Grantee may terminate the award in its entirety. SECTION VII. Grand Island Council Session - 11/10/2020 Page 186 / 330 9 TERMINATION OF CITY/GRANTEE'S OBLIGATIONS The City/Grantee's obligations under this Agreement will terminate in the event of suspension or non-receipt of Community Development Block Grant funds by the City/Grantee. SECTIONVIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Records of the Sub recipient and reimbursable expenses pertaining to the Scope of Services and records of accounts between the City/Grantee and the Sub recipient shall be kept on a generally recognized accounting basis. 1. Accounting Standards The Sub recipient agrees to comply with 2 CFR 200, as now in effect and as may be amended from time to time, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub recipient shall administer its program in conformance with 2 CFR 200, as now in effect and as may be amended from time to time. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation & Record Keeping 1. Records to be maintained The Sub recipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to: a) Record(s) providing a full description of each activity undertaken; b) Record(s) demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Record(s) required to determine the eligibility of activities; d) Record(s) required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Record(s) documenting compliance with the fair housing and equal opportunity components of the CDBG program; f) Financial records as required by 24 CFR Part 570.502 and 2 CFR 200, as now in effect and as may be amended from time to time; Grand Island Council Session - 11/10/2020 Page 187 / 330 10 g) Other records as necessary to document compliance with Subpart K of 24 CFR 570; and h) Real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the “changes in use” restrictions specified in 24 CFR 570.505, as applicable. 2. Retention The Sub recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years. The retention period begins on the date of submission of the City/Grantee’s Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Records for non- expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. 3. Client Data-if applicable The Sub recipient shall maintain client data demonstrating client eligibility for services provided. Such information shall be made available to City/Grantee monitors or their designees for review upon request. Such data shall include, but not be limited to: a) Client name; b) Client address; c) Members age or other basis for determining eligibility; d) Description of services provided; e) Dates services provided; f) Beneficiary information (ethnicity, income, sex, female head of household, elderly, disabled, etc.); and g) Residence Addresses. Such information shall be made available to City/Grantee monitors or their designees for review upon request. 4. Disclosure The Sub recipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City/Grantee’s or Sub recipients responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service Grand Island Council Session - 11/10/2020 Page 188 / 330 11 and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Sub recipient’s obligation to the City/Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City/Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub recipient has control over CDBG funds, including program income. All financial records pertaining to this Agreement upon completion shall remain the property of the City/Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub recipient shall immediately report to the City/Grantee all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Program income generally means gross income received by the Sub recipient, directly generated from the use of CDBG funds, with some exceptions which are detailed in 24 C.F.R. §570.500. Program income includes, but is not limited to: a) Payments of principal and interest on loans made using CDBG funds; b) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; c) Proceeds from the disposition of equipment purchased with CDBG funds; d) Interest earned on program income pending its disposition; and e) Interest earned on CDBG funds held in a revolving loan fund’s cash balance interest bearing account. The use of program income by the Sub recipient must be approved by the City/Grantee prior to such use and must comply with the requirements set forth at 24 CFR 570.504. The Sub recipient may retain and use program income funds only for the activity (ies) approved under this Agreement. Program income funds should be held in a non-interest bearing account. If program income funds are held in an interest bearing account, any interest earned on the program income funds must be returned to the City/Grantee on a monthly basis. Receipt and expenditures of program income funds shall be reported, in writing, at the time of receipt and expenditure, along with supporting documentation. Program income must be expended prior to drawing any remaining grant funds. In the event the Sub recipient desires to use the program income for some other activity, it must request and receive permission from the City/Grantee Grand Island Council Session - 11/10/2020 Page 189 / 330 12 before undertaking such a use. The City/Grantee will determine whether the proposed use meets the eligibility criteria of the regulations established by the CDBG funds, and notify the Sub recipient of either approval or disapproval. At conclusion of the Agreement period, or in the case of disapproval, all program income will be returned to the City/Grantee. 2. Payment Procedures Draw-downs for the payment of eligible expenses and general administration items shall be made against the line item budgets specified in the Scope of Service, and in accordance with performance. Payments shall be made upon presentation of invoices that Sub recipient certifies are true and correct copies of payments due on behalf of the Sub recipient for an activity covered by this Agreement and made in accordance and compliance with the Scope of Service. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub recipient, and not to exceed actual cash requirements. Payments will be adjusted by the City/Grantee in accordance with advance fund and program income balances available in the Sub recipient account. In addition, the City/Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the City/Grantee on behalf of the Sub recipient. Payment may be suspended by the City/Grantee in the event of nonperformance by the Sub recipient. Payments may be contingent upon certification of the Sub recipients financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. D. Procurement 1. Compliance The Sub recipient shall comply with current City/Grantee policies concerning the purchase of equipment and shall maintain inventory records of all nonexpendable property as defined by such policies as may be procured with funds provided herein. All program assets (unexplained program income, property, equipment, etc.) shall revert to the City/Grantee upon termination of this Agreement. a. OMB Standards The Sub recipient shall procure all materials, property, or services and then shall subsequently follow all Property Standards as set out in and in accordance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, including but not limited to the requirements covering utilization and disposal of property. b. Travel expenses Travel and related expenses for travel outside the city limits of the City of Grand Island Nebraska shall not be paid with funds provided under this Agreement without prior written approval from the City/Grantee. Grand Island Council Session - 11/10/2020 Page 190 / 330 13 E. Use & Reversion of Assets Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired or improved with Community Development Block Grant funds, in accordance with the Scope of Service, the use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub recipient shall transfer to the City/Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub recipients control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until thirty (30) years after expiration of this Agreement. Real property acquired or improved, in whole or in part, with funds under this Agreement between Seven Thousand and One Dollars ($7,001) and Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. 3. Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired, or improved, with Community Development Block Grant funds, in accordance with the Scope of Service, the Sub recipient shall return the personal asset or real property to the City/Grantee, or pay to the City/Grantee, a sum equal to its fair market value, less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for the acquisition of, or improvement to, the asset or property. The Sub recipient shall transfer to the City/Grantee any Community Development Block Grant funds on hand at the time of expiration of this Agreement and any accounts receivable of Community Development Block Grant funds. Sub recipient also hereby agrees to enter into an Indenture of Restrictive Covenants Agreement (“Indenture”) with the City/Grantee of City of Grand Island/Grantee at the time of real property purchase. In this Indenture, Sub recipient agrees to represent, warrant and covenant throughout the term of the Indenture that the land and/or facility purchased with CDBG funds will be used in accordance with Section 42 of the United States Code. Further, Sub recipient Grand Island Council Session - 11/10/2020 Page 191 / 330 14 agrees that the use of such property may not change from that for which the acquisition was made unless the Owner provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either (1) the new use of such property qualifies as meeting one of the national objectives in Volume 24 of the Code of Federal Regulations, Section 570.208 (24 CFR, § 570.208), or (2) if the Owner determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under 24 CFR, Section 570.208, it may retain or dispose of the property for the changed use if the Sub recipients CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. a) The Indenture of Restrictive Covenants shall terminate in the year designated in the Restrictive Covenant according to the terms stated in paragraph E above, based on the dollar amount of the funds granted, after the first day of the Compliance Period (such period being herein referred to as the “Compliance Period” or the “Extended Use Period”): b) Notwithstanding paragraph “a” above, the Compliance period for any building that is part of the Project shall terminate on the date the Project is acquired by foreclosure or transferred by a deed or other instrument in lieu of foreclosure unless the Secretary of the Treasury determines that such acquisition is part of an arrangement with Sub recipient a purpose of which is to terminate such Compliance Period. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub recipient for activities under this Agreement shall be: a. Transferred to the City/Grantee for the CDBG program, or b. Retained after compensating the City/Grantee (an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment). SECTION IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Sub recipient agrees to comply with: A. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); Grand Island Council Session - 11/10/2020 Page 192 / 330 15 B. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under (42 USC 5304(d)); and C. The requirements in 24 CFR 570.606(d) governing optional relocation policies. [The City/Grantee may preempt the optional policies.] The Sub recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Sub recipient also agrees to comply with applicable City/Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences. SECTION X. ASSURANCES The Sub recipient hereby agrees to use Community Development Block Grant funds for the purposes authorized by the City/Grantee. The Sub recipient further hereby agrees to comply with the assurances, attached hereto and incorporated herein which are required by the U.S. Department of Housing & Urban Development for all Community Development Block Grant projects. These include Federal Labor Standards requirements. SECTION XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub recipient hereby agrees to comply with all applicable state, local and civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub recipient hereby agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in (42 USC 5309 (a)) are still applicable. Sub-recipients shall comply with state and local civil rights laws proscribing housing discrimination based on sexual orientation or gender identity. 3. Land Covenants Grand Island Council Session - 11/10/2020 Page 193 / 330 16 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City/Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub recipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The City/Grantee shall provide the Sub recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Equal Opportunity 1. Approved Plan The Sub recipient hereby agrees that it shall be committed to carry out pursuant to the City/Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City/Grantee shall provide Affirmative Action guidelines to the Sub recipient to assist in the formulation of such program. The Sub recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women-and Minority-Owners Businesses (W/MBE) The Sub recipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms, “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51%) percent owned and controlled by minority group members or women. The Sub recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Sub recipient shall furnish and cause each of its own sub recipients or Grand Island Council Session - 11/10/2020 Page 194 / 330 17 subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City/Grantee, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Sub recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub recipient, state that it is an Equal Opportunity or Affirmative Action employer. 5. Subcontract Provisions The Sub recipient will include the provisions of paragraphs, XI. A., Civil Rights, and XI. B., Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 2. Labor Standards The Sub recipient hereby agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act and Related Acts as amended (40 USC 3141 et seq.), the provisions of Contract Work Hours and Safety Standards Act (40 USC 3701 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City/Grantee for review upon request. The Sub recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the City/Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by Grand Island Council Session - 11/10/2020 Page 195 / 330 18 state or local law, nothing hereunder is intended to relieve the Sub recipient of its obligation, if any, to require payment of the higher wage. The Sub recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended (12 USC 1701u), and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the City/Grantee, the Sub recipient and any of the Sub recipient’s sub recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided. The Sub recipient certifies and hereby agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Sub recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low income residents within the Grand Island Council Session - 11/10/2020 Page 196 / 330 19 service area or the neighborhood in which the project is located and to low-and very low-income participants in other HUD programs. The Sub recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Subcontracts The Sub recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability This Agreement shall not be assigned or transferred by the Sub recipient without the prior written consent of the City/Grantee; provided however, that claims for money due or to become due to the Sub recipient from the City/Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be promptly furnished in writing to the City/Grantee. 2. Subcontracts a. Approvals The Sub recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the City/Grantee prior to the execution of the agreement. b. Monitoring The Sub recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Sub recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Sub recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open Grand Island Council Session - 11/10/2020 Page 197 / 330 20 competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City/Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub recipient hereby agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engage in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub recipient hereby agrees to abide by the provisions of 2 CFR 200, as now in effect and as may be amended from time to time and 24 CFR 570.611, which include (but are not limited to) the following: a. The Sub recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds; b. No employee, officer or agent of the Sub recipient shall participate in the selection, or in the award, or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes but is not limited to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City/Grantee, the Sub recipient, or any designated public agency; and d. The Sub recipient covenants that neither it nor any member of its Board of Directors, officers, or employees presently have any interest in any project to be financed under the Scope of Service, and shall not acquire any interest therein which would conflict with the performance of the Scope of Service required under this Agreement or applicable statute, rule or regulation. Such a conflict would arise when: the employee, officer or agent; any member of their immediate family; their partner; or an organization which employs, or is about to employ, any of the above, has Grand Island Council Session - 11/10/2020 Page 198 / 330 21 a financial or other interest in the firm/household selected for award. The Sub recipients officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements during office tenure or for one year after the closeout of the grant. This stipulation must be included in all other contracts and subcontracts to this grant. 5. Lobbying The Sub recipient certifies, to the best of its knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Sub recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The Sub recipient shall require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and co-operative agreements) and that all Sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this Agreement results in any copyrightable material or inventions, the Grantee and/or City/Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize Grand Island Council Session - 11/10/2020 Page 199 / 330 22 others to use, the work or materials for governmental purposes. 7. Religious Activities The Sub recipient hereby agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. SECTION XII. ENVIRONMENTAL CONDITIONS A. Air and Water The Sub recipient hereby agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C., 7401, et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 308, and all regulations and guidelines issued thereunder; and 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub recipient shall assure that the activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Sub recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35.100 et seq. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, Grand Island Council Session - 11/10/2020 Page 200 / 330 23 risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Sub recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. SECTION XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XV. WAIVER The City/Grantee’s failure to act with respect to a breach by the Sub recipient shall not result in a waiver of its right to act with respect to subsequent or similar breaches. The failure of the City/Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. SECTION XVI. ENTIRE AGREEMENT The provisions set forth in Sections I-XVI, and all attachments of this Agreement constitute, the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall not be binding or valid. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. Grand Island Council Session - 11/10/2020 Page 201 / 330 24 Grantee: City of Grand Island, Nebraska Date _____________________________ By_____________________________________ Roger G. Steele, Mayor, City of Grand Island Attest: _______________________________________ CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________________________ Stacy R. Nonhof, Assistant City Attorney Sub-Recipient: Heartland United Way Date _____________________________ By____________________________________ Karen Rathke, President and CPO Date By Board President Grand Island Council Session - 11/10/2020 Page 202 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-286 WHEREAS, the United States Department of Housing and Urban Development requires multiple certifications in order to comply with the Community Development Block Grant Program requirements; and WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), public Law 116-136, which was signed on March 27, 2020, through the Community Development Block Grant (CDBG) program Entitlement communities have been notified they will receive a formula allocation from the first round of CDBG-CV funding to be used specifically for the prevention of, preparation for, and response to the COVID-19 Coronavirus; and WHEREAS, the City of Grand Island completed a substantial amendment to the 2019-2023 Consolidated Plan and 2019 Annual Action Plan in order to receive Community Development Block Grant funds through CARES Act; and WHEREAS, the City must enter into a Sub-Recipient Agreement with each organization identified in the 2019-2023 Consolidated Plan and 2019 Annual Action Plan; and WHEREAS, The Heartland United Way’s Protect GI program was identified in the 2019-2023 Consolidated Plan and 2019 Annual Action Plan to be awarded $44,459.00 from said funds as set forth in the grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska is hereby authorized to enter into an agreement with Heartland United Way and the Mayor is hereby authorized to sign such certifications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 203 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-17 #2020-287 - Approving CDBG-CV Agreement with YMCA Staff Contact: Amber Alvidrez Grand Island Council Session - 11/10/2020 Page 204 / 330 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting:November 10, 2020 Subject:Approving Agreement CDBG #2019-4-CV with YMCA Presenter(s):Amber Alvidrez, Community Development Administrator Background In response to the Coronavirus Pandemic (COVID-19), the United States Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) program has notified each Entitlement community, that they will receive a formula allocation from the first round of CDBG-CV funding to be used specifically for the prevention of, preparation for, and response to the COVID-19. This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed on March 27, 2020. The City of Grand was awarded $251,459.00 of CDBG-CV funds to implement or award to sub-grantees to implement programs that prepare, prevent or respond to COVID-19. Discussion The Community Development Division recommends awarding $12,000 of the CDBG- CV funds to the YMCA to implement a Coronavirus Response program. YMCA will use these funds in order to provide safe and sanitary facilities for their daycare center, clients and vulnerable population groups that use the YMCA throughout the day. The YMCA will provide Masks to employees and clients as well as use funds to obtain cleaning supplies and sanitizers. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/10/2020 Page 205 / 330 Recommendation City Administration recommends that the Council approves CDBG Contract #2019-4-CV with YMCA and authorizes Mayor to sign all related documents. Sample Motion Move to approve CDBG Contract #2019-4-CV with the YMCA. Grand Island Council Session - 11/10/2020 Page 206 / 330 1 SUBRECIPIENT CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ENTITLEMENT FUNDS SECTION I. RECITALS THIS AGREEMENT, made and entered into this 10th day of November, 2020 by and between the City of Grand Island ("City/Grantee,") and The YMCA ("Sub recipient,") witnesseth: WHEREAS, the Grantee has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SECTION II. SCOPE OF SERVICE A. Activities The Sub recipient will be responsible for administering a CDBG Coronavirus Relief funds in the form of Entitlement Housing Rehabilitation, Public Facility, Public Improvement Public Service or Economic Development program in a manner satisfactory to the City/Grantee and consistent with any standards required as a condition of providing the funds, and consistent with all provisions of this Agreement. Sub recipient warrants and represents it has the requisite authority and capacity to perform all terms and conditions on Sub recipients part to be performed hereunder. B. Program Delivery The YMCA shall use Twelve Thousand Dollars 00/100 ($12,000.00) of Community Development Block Grant Coronavirus response (CBDG-CV) funds for cost associated with implementing the YMCA Coronavirus Response program as submitted in the application for Community Development Block Grant Coronavirus (CDBG-CV) funds dated (November 10, 2020) toward the goal of meeting an urgent need within Grand Island. The Sub-recipient’s program will provide Personal Protective equipment, disinfectant and other supplies necessary to clients and employees who enter or use their facility. The major tasks the Sub recipient will perform include, but are not necessarily limited to the following: Grand Island Council Session - 11/10/2020 Page 207 / 330 2 a. Provide a safe and sanitary space for Childcare other vulnerable populations such as elderly and disabled. b. Provide personal protective equipment and sanitation supplies to clients and groups that use the YMCA facility. c. Purchase any materials needed to implement the YMCA Coronavirus Response program. C. National Objective Compliance The Sub recipient certifies that the activity (ies) carried out under this Agreement will meet the following H.U.D. National Objective: Meet and Urgent Need Failure by the Sub recipient to fulfill the National Objective may result in grant funds being disallowed and required to be returned to the City/Grantee. D. Level(s) of Performance & Accomplishment - Goals and Performance Measures a.The Sub-recipient’s goal is to create the YMCA Coronavirus Response program that will continue for a minimum of 1 year. The Sub-recipient is responsible to perform all administrative services necessary to administer the above mentioned program. b.The Sub-Recipient is to provide quarterly reports on achievements and program impact to include a.Number of persons served b.A summary of project progress Units of Service include: The Sub-recipient’s progress will be monitored by the amount of persons served. The Sub-recipient will benefit a minimum of 1,000 people. E. Project Description Type of Project: Urgent Need Project Location: City of Grand Island Service Area: City of Grand Island Project: 2019-6-CV Basic Eligibility Citation: 24 CFR 570.201 Amount Funded: $12,000.00 F. Performance Monitoring Grand Island Council Session - 11/10/2020 Page 208 / 330 3 The City/Grantee reserves the right to monitor and evaluate the progress and Performance of the Sub recipient to assure the terms of this agreement are being satisfactorily met in accordance with HUD, City/Grantee and other applicable monitoring and evaluating criteria and standards. Sub recipient shall cooperate with the City/Grantee relating to such monitoring and evaluation. The City/Grantee will monitor the performance of the Sub recipient against goals and performance standards as stated above. Substandard performance as determined by the City/Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub recipient within a reasonable 90 days of time after being notified by the City/Grantee, Agreement suspension or termination procedures will be initiated. G. Time of Performance The Sub-recipient shall perform the services set out above, and shall expend the Community Development Block Grant Coronavirus Response funding provided for above between November 10, 2020 and November 10, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub recipient remains in control of CDBG-CV funds or other CDBG or CDBG-CV assets, including program income. H. Budget The Sub-recipient shall use Twelve Thousand Dollars 00/100 ($12,000.00) of Community Development Block Grant Coronavirus Response funds to provide services associated with the Protect G.I. Program. In addition, the City/Grantee may require a more detailed budget breakdown than the one contained herein, and the Sub recipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City/Grantee. Any amendments to this budget must be approved in writing by the City/Grantee and Sub recipient. I. Compensation and Method of Payment If Sub recipient is not in default hereunder, and subject to City/Grantee's receipt of the U.S. Department of Housing & Urban Development Community Development Block Grant funds, and provided the Agreement and Scope of Service are eligible Expenditures of Community Development Block Grant funds, the City/Grantee agrees to Pay the Sub recipient an amount not to Twelve Thousand Dollars 00/100 ($12,000.00). There are no eligible delivery costs. Payments may be contingent upon certification of the Sub recipients’ financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. a. Draw-down requests may be submitted to the Community Development Grand Island Council Session - 11/10/2020 Page 209 / 330 4 Administrator. Draw-down requests must be in writing and accompanied by acceptable documentation supporting the draw-down amount. Documentation should include, at a minimum, the following information: 1) Invoice itemizing amounts requested; 2) Supporting documentation for each item; and 3) Payroll slips or time cards, if applicable. Additional documentation may be requested as needed for clarification. Payment requests require City/Grantee Council approval prior to disbursal. J. Environmental Review An Environmental Review must be completed prior to the Sub recipient Committing or expending any Community Development Block Grant funds. The City of Grand Island will conduct the Environmental Review and provide documentation of the findings to the Sub-recipient upon its completion. The Sub recipient may not proceed with any services until receipt of written notification of the Environmental Review findings by the City/Grantee. If the Environmental Review requires mitigation, no funds may be expended until mitigation has been accomplished and certified as completed and meeting HUD minimum standards by an acceptable source to the City/Grantee. Documentation evidencing the Sub recipients’ completion of its responsibilities and compliance with the National Environmental Policy Act of 1969 (NEPA), and other provisions of federal law as specified in 24 C.F.R. Part 58 which furthers the purposes of the NEPA. K. Procurement Standards and Code of Conduct Documentation evidencing adoption of Procurement Standards and Code of Conduct equivalent to those established in 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR Part 570. L. Fair Housing Documentation that the Sub recipient has specifically provided a description of the actions they will take during the course of the grant to fulfill the requirements to affirmatively further fair housing. (Applicable to housing projects) M. Implementation Schedule CDBG Sub recipient to complete and submit to the City/Grantee the Implementation Schedule form. N. Sources and Uses of Funds (if applicable) not applicable Grand Island Council Session - 11/10/2020 Page 210 / 330 5 O. Other Special Conditions Indenture of restrictive covenants, Davis Bacon sub recipient and contractor’s meeting, Davis Bacon regulations apply. P. Notices Notices required by this Agreement shall be in writing and delivered via United States Postal Service mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following agreement representatives: City/Grantee Sub-recipient: City of Grand Island YMCA ATTN: Community Development Division Cara Lemburg 100 East First Street 221 E. Front Street Grand Island NE, 68801-1968 Grand Island NE, 68801 Telephone: (308)385-5444 ext. 212 Telephone:308-385-9622 Fax: (308) 385-5488 Fax: SECTION III. GENERAL CONDITIONS A. General Compliance Any changes to the program goals, scope of services, schedule or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Sub-recipient and the City/Grantee. Changes to key Personnel assigned or their general responsibilities under this project are subject to notification and approval from the City/Grantee. The Sub-recipient hereby agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including Subpart K of these regulations). The Sub-recipient also agrees to comply with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this agreement. Grand Island Council Session - 11/10/2020 Page 211 / 330 6 The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “independent contractor” with respect to services to be performed under this Agreement. The City/Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker’s Compensation Insurance, as the Sub-recipient is an independent contractor. Sub-recipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. C. Hold Harmless Sub-recipient further agrees to indemnify, defend and hold harmless the City/Grantee, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties or attorney fees, arising from such injuries to persons, or damages to property, or based upon or arising out of the performance or non-performance of this Agreement by Sub recipient, or out of any violation of Sub recipient of any local, state, or federal statute, ordinance, rule or regulation. D. Worker’s Compensation The Sub recipient shall provide Workers’ Compensation Insurance coverage in the amount required by law, for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The Sub recipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City/Grantee. The Sub recipient shall comply with the bonding and insurance requirements of 2 CFR 200, as now in effect and as may be amended from time to time. F. City/Grantee Recognition The Sub recipient shall ensure recognition of the role of the City/Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In addition, the Sub recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. Grand Island Council Session - 11/10/2020 Page 212 / 330 7 G. Amendments The City/Grantee or Sub recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City/Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City/Grantee or Sub recipient from its obligations under this Agreement. The City/Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City/Grantee and Sub recipient. SECTION IV. LIABILITY Sub recipient agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or non-performance of this Agreement by Sub recipient, or by the conditions created thereby. SECTION V. SUSPENSION OR TERMINATION FOR CAUSE In accordance with 2 CFR 200, as now in effect and as may be amended from time to time, the City/Grantee may suspend or terminate this Agreement if the Sub recipient materially fails to comply with any terms of this Agreement, which include but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; 4. Submission by the Sub recipient to the City/Grantee reports that are incorrect or incomplete in any material respect; or 5. Financial instability of the Sub recipient organization that will affect the abilities of the organization to carry out or complete the stated activities and scope of work. Grand Island Council Session - 11/10/2020 Page 213 / 330 8 In the event of agency financial instability, a default or violation of the terms of this Agreement by the Sub recipient, or failure to use the grant for only those purposes set forth, the City/Grantee may take the following actions: A. Suspension for Cause After notice to the Sub recipient, the City/Grantee may suspend the Agreement and withhold any further payment or prohibit the Sub recipient from incurring additional obligations of grant funds, pending corrective action by the Sub recipient or a decision to terminate. B. Termination for Cause This Agreement may be terminated, in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, if the Sub recipient materially fails to comply with any term of the Agreement or applicable federal regulations. The City/Grantee may terminate the Agreement upon ten (10) days written notice, together with documentation of the reasons therefore, and after an opportunity for a hearing is afforded. The determination of the City/Grantee as to the cause of termination and the appropriateness therefore shall be final and binding upon both City/Grantee and Sub recipient. In the event projects are delayed, the Sub recipient shall notify the City/Grantee in writing, informing the City/Grantee of the issues surrounding the delay of the project. In cases where the project is not moving forward, the City/Grantee shall notify the Sub recipient of termination of the funding. In the event of termination, all finished or unfinished documents, data, studies and reports prepared by the Sub recipient under this Agreement shall, at the option of the City/Grantee, become its property and the Sub recipient shall be entitled to receive just and equitable compensation for satisfactory work completed on such materials for which compensation has not previously been paid. SECTION VI. TERMINATION FOR CONVENIENCE This Agreement may be terminated for convenience in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, by either the City/Grantee or the Sub recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City/Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City/Grantee may terminate the award in its entirety. SECTION VII. TERMINATION OF CITY/GRANTEE'S OBLIGATIONS The City/Grantee's obligations under this Agreement will terminate in the event of Grand Island Council Session - 11/10/2020 Page 214 / 330 9 suspension or non-receipt of Community Development Block Grant funds by the City/Grantee. SECTIONVIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Records of the Sub recipient and reimbursable expenses pertaining to the Scope of Services and records of accounts between the City/Grantee and the Sub recipient shall be kept on a generally recognized accounting basis. 1. Accounting Standards The Sub recipient agrees to comply with 2 CFR 200, as now in effect and as may be amended from time to time, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub recipient shall administer its program in conformance with 2 CFR 200, as now in effect and as may be amended from time to time. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation & Record Keeping 1. Records to be maintained The Sub recipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to: a) Record(s) providing a full description of each activity undertaken; b) Record(s) demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Record(s) required to determine the eligibility of activities; d) Record(s) required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Record(s) documenting compliance with the fair housing and equal opportunity components of the CDBG program; f) Financial records as required by 24 CFR Part 570.502 and 2 CFR 200, as now in effect and as may be amended from time to time; g) Other records as necessary to document compliance with Subpart K of 24 CFR 570; and h) Real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet Grand Island Council Session - 11/10/2020 Page 215 / 330 10 eligibility criteria and shall conform to the “changes in use” restrictions specified in 24 CFR 570.505, as applicable. 2. Retention The Sub recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years. The retention period begins on the date of submission of the City/Grantee’s Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Records for non- expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. 3. Client Data-if applicable The Sub recipient shall maintain client data demonstrating client eligibility for services provided. Such information shall be made available to City/Grantee monitors or their designees for review upon request. Such data shall include, but not be limited to: a) Client name; b) Client address; c) Members age or other basis for determining eligibility; d) Description of services provided; e) Dates services provided; f) Beneficiary information (ethnicity, income, sex, female head of household, elderly, disabled, etc.); and g) Residence Addresses. Such information shall be made available to City/Grantee monitors or their designees for review upon request. 4. Disclosure The Sub recipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City/Grantee’s or Sub recipients responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs Grand Island Council Session - 11/10/2020 Page 216 / 330 11 The Sub recipient’s obligation to the City/Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City/Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub recipient has control over CDBG funds, including program income. All financial records pertaining to this Agreement upon completion shall remain the property of the City/Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub recipient shall immediately report to the City/Grantee all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Program income generally means gross income received by the Sub recipient, directly generated from the use of CDBG funds, with some exceptions which are detailed in 24 C.F.R. §570.500. Program income includes, but is not limited to: a) Payments of principal and interest on loans made using CDBG funds; b) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; c) Proceeds from the disposition of equipment purchased with CDBG funds; d) Interest earned on program income pending its disposition; and e) Interest earned on CDBG funds held in a revolving loan fund’s cash balance interest bearing account. The use of program income by the Sub recipient must be approved by the City/Grantee prior to such use and must comply with the requirements set forth at 24 CFR 570.504. The Sub recipient may retain and use program income funds only for the activity (ies) approved under this Agreement. Program income funds should be held in a non-interest bearing account. If program income funds are held in an interest bearing account, any interest earned on the program income funds must be returned to the City/Grantee on a monthly basis. Receipt and expenditures of program income funds shall be reported, in writing, at the time of receipt and expenditure, along with supporting documentation. Program income must be expended prior to drawing any remaining grant funds. In the event the Sub recipient desires to use the program income for some other activity, it must request and receive permission from the City/Grantee before undertaking such a use. The City/Grantee will determine whether the proposed use meets the eligibility criteria of the regulations established by the CDBG funds, and notify the Sub recipient of either approval or disapproval. At Grand Island Council Session - 11/10/2020 Page 217 / 330 12 conclusion of the Agreement period, or in the case of disapproval, all program income will be returned to the City/Grantee. 2. Payment Procedures Draw-downs for the payment of eligible expenses and general administration items shall be made against the line item budgets specified in the Scope of Service, and in accordance with performance. Payments shall be made upon presentation of invoices that Sub recipient certifies are true and correct copies of payments due on behalf of the Sub recipient for an activity covered by this Agreement and made in accordance and compliance with the Scope of Service. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub recipient, and not to exceed actual cash requirements. Payments will be adjusted by the City/Grantee in accordance with advance fund and program income balances available in the Sub recipient account. In addition, the City/Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the City/Grantee on behalf of the Sub recipient. Payment may be suspended by the City/Grantee in the event of nonperformance by the Sub recipient. Payments may be contingent upon certification of the Sub recipients financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. D. Procurement 1. Compliance The Sub recipient shall comply with current City/Grantee policies concerning the purchase of equipment and shall maintain inventory records of all nonexpendable property as defined by such policies as may be procured with funds provided herein. All program assets (unexplained program income, property, equipment, etc.) shall revert to the City/Grantee upon termination of this Agreement. a. OMB Standards The Sub recipient shall procure all materials, property, or services and then shall subsequently follow all Property Standards as set out in and in accordance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, including but not limited to the requirements covering utilization and disposal of property. b. Travel expenses Travel and related expenses for travel outside the city limits of the City of Grand Island Nebraska shall not be paid with funds provided under this Agreement without prior written approval from the City/Grantee. E. Use & Reversion of Assets Grand Island Council Session - 11/10/2020 Page 218 / 330 13 Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired or improved with Community Development Block Grant funds, in accordance with the Scope of Service, the use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub recipient shall transfer to the City/Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub recipients control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until thirty (30) years after expiration of this Agreement. Real property acquired or improved, in whole or in part, with funds under this Agreement between Seven Thousand and One Dollars ($7,001) and Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. 3. Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired, or improved, with Community Development Block Grant funds, in accordance with the Scope of Service, the Sub recipient shall return the personal asset or real property to the City/Grantee, or pay to the City/Grantee, a sum equal to its fair market value, less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for the acquisition of, or improvement to, the asset or property. The Sub recipient shall transfer to the City/Grantee any Community Development Block Grant funds on hand at the time of expiration of this Agreement and any accounts receivable of Community Development Block Grant funds. Sub recipient also hereby agrees to enter into an Indenture of Restrictive Covenants Agreement (“Indenture”) with the City/Grantee of City of Grand Island/Grantee at the time of real property purchase. In this Indenture, Sub recipient agrees to represent, warrant and covenant throughout the term of the Indenture that the land and/or facility purchased with CDBG funds will be used in accordance with Section 42 of the United States Code. Further, Sub recipient agrees that the use of such property may not change from that for which the acquisition was made unless the Owner provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and Grand Island Council Session - 11/10/2020 Page 219 / 330 14 either (1) the new use of such property qualifies as meeting one of the national objectives in Volume 24 of the Code of Federal Regulations, Section 570.208 (24 CFR, § 570.208), or (2) if the Owner determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under 24 CFR, Section 570.208, it may retain or dispose of the property for the changed use if the Sub recipients CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. a) The Indenture of Restrictive Covenants shall terminate in the year designated in the Restrictive Covenant according to the terms stated in paragraph E above, based on the dollar amount of the funds granted, after the first day of the Compliance Period (such period being herein referred to as the “Compliance Period” or the “Extended Use Period”): b) Notwithstanding paragraph “a” above, the Compliance period for any building that is part of the Project shall terminate on the date the Project is acquired by foreclosure or transferred by a deed or other instrument in lieu of foreclosure unless the Secretary of the Treasury determines that such acquisition is part of an arrangement with Sub recipient a purpose of which is to terminate such Compliance Period. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub recipient for activities under this Agreement shall be: a. Transferred to the City/Grantee for the CDBG program, or b. Retained after compensating the City/Grantee (an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment). SECTION IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Sub recipient agrees to comply with: A. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); B. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under (42 USC 5304(d)); and Grand Island Council Session - 11/10/2020 Page 220 / 330 15 C. The requirements in 24 CFR 570.606(d) governing optional relocation policies. [The City/Grantee may preempt the optional policies.] The Sub recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Sub recipient also agrees to comply with applicable City/Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences. SECTION X. ASSURANCES The Sub recipient hereby agrees to use Community Development Block Grant funds for the purposes authorized by the City/Grantee. The Sub recipient further hereby agrees to comply with the assurances, attached hereto and incorporated herein which are required by the U.S. Department of Housing & Urban Development for all Community Development Block Grant projects. These include Federal Labor Standards requirements. SECTION XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub recipient hereby agrees to comply with all applicable state, local and civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub recipient hereby agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in (42 USC 5309 (a)) are still applicable. Sub-recipients shall comply with state and local civil rights laws proscribing housing discrimination based on sexual orientation or gender identity. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with Grand Island Council Session - 11/10/2020 Page 221 / 330 16 assistance provided under this Agreement, the Sub recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City/Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub recipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The City/Grantee shall provide the Sub recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Equal Opportunity 1. Approved Plan The Sub recipient hereby agrees that it shall be committed to carry out pursuant to the City/Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City/Grantee shall provide Affirmative Action guidelines to the Sub recipient to assist in the formulation of such program. The Sub recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women-and Minority-Owners Businesses (W/MBE) The Sub recipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms, “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51%) percent owned and controlled by minority group members or women. The Sub recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Sub recipient shall furnish and cause each of its own sub recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City/Grantee, HUD or its Grand Island Council Session - 11/10/2020 Page 222 / 330 17 agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Sub recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub recipient, state that it is an Equal Opportunity or Affirmative Action employer. 5. Subcontract Provisions The Sub recipient will include the provisions of paragraphs, XI. A., Civil Rights, and XI. B., Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 2. Labor Standards The Sub recipient hereby agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act and Related Acts as amended (40 USC 3141 et seq.), the provisions of Contract Work Hours and Safety Standards Act (40 USC 3701 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City/Grantee for review upon request. The Sub recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the City/Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub recipient of its obligation, if any, to require payment of the higher wage. The Sub recipient shall Grand Island Council Session - 11/10/2020 Page 223 / 330 18 cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended (12 USC 1701u), and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the City/Grantee, the Sub recipient and any of the Sub recipient’s sub recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided. The Sub recipient certifies and hereby agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Sub recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low income residents within the service area or the neighborhood in which the project is located and to low-and very low-income participants in other HUD programs. The Sub Grand Island Council Session - 11/10/2020 Page 224 / 330 19 recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Subcontracts The Sub recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability This Agreement shall not be assigned or transferred by the Sub recipient without the prior written consent of the City/Grantee; provided however, that claims for money due or to become due to the Sub recipient from the City/Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be promptly furnished in writing to the City/Grantee. 2. Subcontracts a. Approvals The Sub recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the City/Grantee prior to the execution of the agreement. b. Monitoring The Sub recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Sub recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Sub recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to Grand Island Council Session - 11/10/2020 Page 225 / 330 20 the City/Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub recipient hereby agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engage in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub recipient hereby agrees to abide by the provisions of 2 CFR 200, as now in effect and as may be amended from time to time and 24 CFR 570.611, which include (but are not limited to) the following: a. The Sub recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds; b. No employee, officer or agent of the Sub recipient shall participate in the selection, or in the award, or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes but is not limited to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City/Grantee, the Sub recipient, or any designated public agency; and d. The Sub recipient covenants that neither it nor any member of its Board of Directors, officers, or employees presently have any interest in any project to be financed under the Scope of Service, and shall not acquire any interest therein which would conflict with the performance of the Scope of Service required under this Agreement or applicable statute, rule or regulation. Such a conflict would arise when: the employee, officer or agent; any member of their immediate family; their partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm/household selected for award. The Sub recipients officers, employees or agents will neither solicit nor accept Grand Island Council Session - 11/10/2020 Page 226 / 330 21 gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements during office tenure or for one year after the closeout of the grant. This stipulation must be included in all other contracts and subcontracts to this grant. 5. Lobbying The Sub recipient certifies, to the best of its knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Sub recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The Sub recipient shall require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and co-operative agreements) and that all Sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this Agreement results in any copyrightable material or inventions, the Grantee and/or City/Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. Grand Island Council Session - 11/10/2020 Page 227 / 330 22 7. Religious Activities The Sub recipient hereby agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. SECTION XII. ENVIRONMENTAL CONDITIONS A. Air and Water The Sub recipient hereby agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C., 7401, et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 308, and all regulations and guidelines issued thereunder; and 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub recipient shall assure that the activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Sub recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35.100 et seq. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. Grand Island Council Session - 11/10/2020 Page 228 / 330 23 D. Historic Preservation The Sub recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. SECTION XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XV. WAIVER The City/Grantee’s failure to act with respect to a breach by the Sub recipient shall not result in a waiver of its right to act with respect to subsequent or similar breaches. The failure of the City/Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. SECTION XVI. ENTIRE AGREEMENT The provisions set forth in Sections I-XVI, and all attachments of this Agreement constitute, the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall not be binding or valid. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. Grand Island Council Session - 11/10/2020 Page 229 / 330 24 Grantee: City of Grand Island, Nebraska Date _____________________________ By_____________________________________ Roger G. Steele, Mayor, City of Grand Island Attest: _______________________________________ CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________________________ Stacy R. Nonhof, Assistant City Attorney Sub-Recipient: YMCA Date _____________________________ By____________________________________ Cara Lemburg, Executive Director Date By Board President Grand Island Council Session - 11/10/2020 Page 230 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-287 WHEREAS, the United States Department of Housing and Urban Development requires multiple certifications in order to comply with the Community Development Block Grant Program requirements; and WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), public Law 116-136, which was signed on March 27, 2020, through the Community Development Block Grant (CDBG) program Entitlement communities have been notified they will receive a formula allocation from the first round of CDBG-CV funding to be used specifically for the prevention of, preparation for, and response to the COVID-19 Coronavirus; and WHEREAS, the City of Grand Island completed a substantial amendment to the 2019-2023 Consolidated Plan and 2019 Annual Action Plan in order to receive Community Development Block Grant funds through CARES Act; and WHEREAS, the City must enter into a Sub-Recipient Agreement with each organization identified in the 2019-2023 Consolidated Plan and 2019 Annual Action Plan; and WHEREAS, The YMCA’s Coronavirus Response was identified in the 2019- 2023 Consolidated Plan and 2019 Annual Action Plan to be awarded $12,000.00 from said funds as set forth in Sub-recipient Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska is authorized to enter into an agreement with the YMCA and the Mayor is hereby authorized to sign such certifications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 231 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-18 #2020-288 - Approving CDBG-CV Agreement with YWCA Staff Contact: Amber Alvidrez Grand Island Council Session - 11/10/2020 Page 232 / 330 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting:November 10, 2020 Subject:Approving Agreement CDBG #2019-5-CV with YWCA Presenter(s):Amber Alvidrez, Community Development Administrator Background In response to the Coronavirus Pandemic (COVID-19), the United States Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) program has notified each Entitlement community, that they will receive a formula allocation from the first round of CDBG-CV funding to be used specifically for the prevention of, preparation for, and response to the COVID-19. This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed on March 27, 2020. The City of Grand was awarded $251,459.00 of CDBG-CV funds to implement or award to sub-grantees to implement programs that prepare, prevent or respond to COVID-19. Discussion The Community Development Division recommends awarding $30,000 of the CDBG- CV funds to The YWCA to implement the Women’s Empowerment Center to women that are currently unemployed or lost job opportunities due to COVID-19. The program will consist of cohorts of up to 20 women completing a 4-week program that includes a variety of training options taught by staff and/or volunteers; training options will include (but are not limited to): cover letter and resume writing, interview skills, job market navigation, local educational opportunities, financial independence, community resources, confidence building, and stress management. While women are enrolled in the program they will be offered free childcare, have aid in finding or obtaining appropriate interview attire, and an individualized plan for transportation to and from work or programs. Graduates will also receive support from program staff for 3 months after completion. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 11/10/2020 Page 233 / 330 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 approves CDBG Contract #2019-5-CV with YWCA and authorizes Mayor to sign all related documents. Sample Motion Move to approve CDBG Contract #2019-5-CV with the YWCA. Grand Island Council Session - 11/10/2020 Page 234 / 330 1 SUBRECIPIENT CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ENTITLEMENT FUNDS SECTION I. RECITALS THIS AGREEMENT, made and entered into this 13th day of October, 2020 by and between the City of Grand Island ("City/Grantee,") and The YWCA. ("Sub recipient,") witnesseth: WHEREAS, the Grantee has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SECTION II. SCOPE OF SERVICE A. Activities The Sub recipient will be responsible for administering a CDBG Coronavirus Relief funds in the form of Entitlement Housing Rehabilitation, Public Facility, Public Improvement Public Service or Economic Development program in a manner satisfactory to the City/Grantee and consistent with any standards required as a condition of providing the funds, and consistent with all provisions of this Agreement. Sub recipient warrants and represents it has the requisite authority and capacity to perform all terms and conditions on Sub recipients part to be performed hereunder. B. Program Delivery The YWCA shall use Thirty thousand dollars and 00/100($30,000.00) of Community Development Block Grant Coronavirus response (CBDG-CV) funds for cost associated with implementing a the new program known as Women’s Empowerment Center as submitted in the application for Community Development Block Grant Coronavirus (CDBG) funds dated (October 13, 2020) toward the goal of benefiting Low to moderate income persons within Grand Island. The Sub-recipient’s program will provide services to a minimum of 100 persons. Fifty-one percent (51%) of these services will be provided to persons of low income (below 80% of average medium income). The Women’s Empowerment Center will provide women an opportunity to learn necessary skills to promote self- sufficiently through employment, educational attainment, and financial literacy. Grand Island Council Session - 11/10/2020 Page 235 / 330 2 The major tasks the Sub recipient will perform include, but are not necessarily limited to the following: a. create Women’s Empowerment Center program b. Provide programming to women who have lost employment and job opportunities due to the Cornonavirus pandemic, services will be provided to low to moderate income persons within the City of Grand Island. c. Purchase any materials needed to implement the Women’s Empowerment Center. d. Complete an income survey for all persons who receive services. C. National Objective Compliance The Sub recipient certifies that the activity (ies) carried out under this Agreement will meet the following H.U.D. National Objective: Benefit low- and/or moderate-income persons. Failure by the Sub recipient to fulfill the National Objective may result in grant funds being disallowed and required to be returned to the City/Grantee. D. Level(s) of Performance & Accomplishment - Goals and Performance Measures a.The Sub-recipient’s goal is to create a Women’s Empowerment Center that will continue for a minimum of 3 years. The Sub-recipient is responsible to perform all administrative services necessary to administer the above mentioned program. b.The Sub-Recipient is to provide quarterly reports on achievements and program impact to include a.Number of persons served b.A summary of project progress c.Client Demographics Units of Service include: The Sub-recipient’s progress will be monitored by the amount of persons served. The Sub-recipient will benefit a minimum of 100 persons. 51 persons served must be low to moderate income (80 % AMI) and 49 persons may be any income range. E. Project Description Type of Project: Low To moderate Income Benefit Project Location: City of Grand Island Service Area: City of Grand Island Project: 2019-5-CV Grand Island Council Session - 11/10/2020 Page 236 / 330 3 Basic Eligibility Citation: 24 CFR 570.201 Amount Funded: $30,000.00 F. Performance Monitoring The City/Grantee reserves the right to monitor and evaluate the progress and Performance of the Sub recipient to assure the terms of this agreement are being Satisfactorily met in accordance with HUD, City/Grantee and other applicable monitoring and evaluating criteria and standards. Sub recipient shall cooperate with the City/Grantee relating to such monitoring and evaluation. The City/Grantee will monitor the performance of the Sub recipient against goals and performance standards as stated above. Substandard performance as determined by the City/Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub recipient within a reasonable 90 days of time after being notified by the City/Grantee, Agreement suspension or termination procedures will be initiated. G. Time of Performance The Sub-recipient shall perform the services set out above, and shall expend the Community Development Block Grant Coronavirus Response funding provided for above between October 13, 2020 and October 13, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub recipient remains in control of CDBG-CV funds or other CDBG or CDBG- CV assets, including program income. H. Budget The Sub-recipient shall use Thirty Thousand dollars &00/100 ($30,000.00) of Community Development Block Grant funds provided for the materials and space needed to complete a Women’s Empowerment Center. In addition, the City/Grantee may require a more detailed budget breakdown than the one contained herein, and the Sub recipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City/Grantee. Any amendments to this budget must be approved in writing by the City/Grantee and Sub recipient. I. Compensation and Method of Payment If Sub recipient is not in default hereunder, and subject to City/Grantee's receipt of the U.S. Department of Housing & Urban Development Community Development Block Grant funds, and provided the Agreement and Scope of Service are eligible Expenditures of Community Development Block Grant funds, the City/Grantee agrees to Pay the Sub recipient an amount not to exceed Thirty Thousand 00/100 Dollars ($30,000.00). There are no eligible delivery costs. Payments may be contingent upon Grand Island Council Session - 11/10/2020 Page 237 / 330 4 certification of the Sub recipients’ financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. a. Draw-down requests may be submitted to the Community Development Administrator. Draw-down requests must be in writing and accompanied by acceptable documentation supporting the draw-down amount. Documentation should include, at a minimum, the following information: 1) Invoice itemizing amounts requested; 2) Supporting documentation for each item; and 3) Payroll slips or time cards, if applicable. Additional documentation may be requested as needed for clarification. Payment requests require City/Grantee Council approval prior to disbursal. J. Environmental Review An Environmental Review must be completed prior to the Sub recipient Committing or expending any Community Development Block Grant funds. The City of Grand Island will conduct the Environmental Review and provide documentation of the findings to the Sub-recipient upon its completion. The Sub recipient may not proceed with any services until receipt of written notification of the Environmental Review findings by the City/Grantee. If the Environmental Review requires mitigation, no funds may be expended until mitigation has been accomplished and certified as completed and meeting HUD minimum standards by an acceptable source to the City/Grantee. Documentation evidencing the Sub recipients’ completion of its responsibilities and compliance with the National Environmental Policy Act of 1969 (NEPA), and other provisions of federal law as specified in 24 C.F.R. Part 58 which furthers the purposes of the NEPA. K. Procurement Standards and Code of Conduct Documentation evidencing adoption of Procurement Standards and Code of Conduct equivalent to those established in 2 CFR 200, as now in effect and as May be amended from time to time, and 24 CFR Part 570. L. Fair Housing Documentation that the Sub recipient has specifically provided a description of The actions they will take during the course of the grant to fulfill the requirements To affirmatively further fair housing. (Applicable to housing projects) M. Implementation Schedule Grand Island Council Session - 11/10/2020 Page 238 / 330 5 CDBG Sub recipient to complete and submit to the City/Grantee the Implementation Schedule form. N. Sources and Uses of Funds (if applicable) Not applicable O. Other Special Conditions Indenture of restrictive covenants, Davis Bacon sub recipient and contractor’s Meeting, Davis Bacon regulations apply. P. Notices Notices required by this Agreement shall be in writing and delivered via United States Postal Service mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written Communications under this Agreement shall be addressed to the individuals in the Capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement representatives: City/Grantee Sub-recipient: City of Grand Island The YWCA ATTN: Community Development Division Amy Bennett 100 East First Street 211 E Fonner Grand Island NE, 68801-1968 Grand Island NE, 68801 Telephone: (308)385-5444 ext. 212 Telephone:(308)384-9922 Fax: (308) 385-5488 Fax:308-675-1237 SECTION III. GENERAL CONDITIONS A. General Compliance Any changes to the program goals, scope of services, schedule or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Sub-recipient and the City/Grantee. Changes to key Personnel assigned or their general responsibilities under this project are subject to notification and approval from the City/Grantee. Grand Island Council Session - 11/10/2020 Page 239 / 330 6 The Sub-recipient hereby agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including Subpart K of these regulations). The Sub-recipient also agrees to comply with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this agreement. The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “independent contractor” with respect to services to be performed under this Agreement. The City/Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker’s Compensation Insurance, as the Sub-recipient is an Independent contractor. Sub-recipient shall be solely and entirely responsible for its acts And the acts of its agents, employees and subcontractors. C. Hold Harmless Sub-recipient further agrees to indemnify, defend and hold harmless the City/Grantee, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties or attorney fees, arising from such injuries to persons, or damages to property, or based upon or arising out of the performance or non-performance of this Agreement by Sub recipient, or out of any violation of Sub recipient of any local, state, or federal statute, ordinance, rule or regulation. D. Worker’s Compensation The Sub recipient shall provide Workers’ Compensation Insurance coverage in the amount required by law, for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The Sub recipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City/Grantee. The Sub recipient shall comply with the bonding and insurance requirements of 2 CFR 200, as now in effect and as may be amended from time to time. F. City/Grantee Recognition Grand Island Council Session - 11/10/2020 Page 240 / 330 7 The Sub recipient shall ensure recognition of the role of the City/Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In addition, the Sub recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The City/Grantee or Sub recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City/Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City/Grantee or Sub recipient from its obligations under this Agreement. The City/Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of Services, or schedule of the activities to be undertaken as part of this Agreement, such Modifications will be incorporated only by written amendment signed by both City/Grantee and Sub recipient. SECTION IV. LIABILITY Sub recipient agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or non-performance of this Agreement by Sub recipient, or by the conditions created thereby. SECTION V. SUSPENSION OR TERMINATION FOR CAUSE In accordance with 2 CFR 200, as now in effect and as may be amended from time to time, the City/Grantee may suspend or terminate this Agreement if the Sub recipient materially fails to comply with any terms of this Agreement, which include but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to Herein, or such statutes, regulations, executive orders, and HUD guidelines, Policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; Grand Island Council Session - 11/10/2020 Page 241 / 330 8 4. Submission by the Sub recipient to the City/Grantee reports that are incorrect or incomplete in any material respect; or 5. Financial instability of the Sub recipient organization that will affect the abilities of the organization to carry out or complete the stated activities and scope of work. In the event of agency financial instability, a default or violation of the terms of this Agreement by the Sub recipient, or failure to use the grant for only those purposes set forth, the City/Grantee may take the following actions: A. Suspension for Cause After notice to the Sub recipient, the City/Grantee may suspend the Agreement and withhold any further payment or prohibit the Sub recipient from incurring additional obligations of grant funds, pending corrective action by the Sub recipient or a decision to terminate. B. Termination for Cause This Agreement may be terminated, in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, if the Sub recipient materially fails to comply with any term of the Agreement or applicable federal regulations. The City/Grantee may terminate the Agreement upon ten (10) days written notice, together with documentation of the reasons therefore, and after an opportunity for a hearing is afforded. The determination of the City/Grantee as to the cause of termination and the appropriateness therefore shall be final and binding upon both City/Grantee and Sub recipient. In the event projects are delayed, the Sub recipient shall notify the City/Grantee in writing, informing the City/Grantee of the issues surrounding the delay of the project. In cases where the project is not moving forward, the City/Grantee shall notify the Sub recipient of termination of the funding. In the event of termination, all finished or unfinished documents, data, studies and reports prepared by the Sub recipient under this Agreement shall, at the option of the City/Grantee, become its property and the Sub recipient shall be entitled to receive just and equitable compensation for satisfactory work completed on such materials for which compensation has not previously been paid. SECTION VI. TERMINATION FOR CONVENIENCE This Agreement may be terminated for convenience in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, by either the City/Grantee or the Sub recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City/Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City/Grantee may terminate the award in its entirety. Grand Island Council Session - 11/10/2020 Page 242 / 330 9 SECTION VII. TERMINATION OF CITY/GRANTEE'S OBLIGATIONS The City/Grantee's obligations under this Agreement will terminate in the event of Suspension or non-receipt of Community Development Block Grant funds by the City/Grantee. SECTIONVIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Records of the Sub recipient and reimbursable expenses pertaining to the Scope of Services and records of accounts between the City/Grantee and the Sub recipient shall be kept on a generally recognized accounting basis. 1. Accounting Standards The Sub recipient agrees to comply with 2 CFR 200, as now in effect and as may be amended from time to time, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub recipient shall administer its program in conformance with 2 CFR 200, as now in effect and as may be amended from time to time. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation & Record Keeping 1. Records to be maintained The Sub recipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to: a) Record(s) providing a full description of each activity undertaken; b) Record(s) demonstrating that each activity undertaken meets one of The National Objectives of the CDBG program; c) Record(s) required to determine the eligibility of activities; d) Record(s) required to document the acquisition, improvement, use or Disposition of real property acquired or improved with CDBG assistance; e) Record(s) documenting compliance with the fair housing and equal opportunity components of the CDBG program; Grand Island Council Session - 11/10/2020 Page 243 / 330 10 f) Financial records as required by 24 CFR Part 570.502 and 2 CFR 200, as now in effect and as may be amended from time to time; g) Other records as necessary to document compliance with Subpart K of 24 CFR 570; and h) Real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the “changes in use” restrictions specified in 24 CFR 570.505, as applicable. 2. Retention The Sub recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years. The retention period begins on the date of submission of the City/Grantee’s Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Records for non- expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before The expiration of the five-year period, then such records must be retained until Completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later? 3. Client Data-if applicable The Sub recipient shall maintain client data demonstrating client eligibility for services provided. Such information shall be made available to City/Grantee monitors or their designees for review upon request. Such data shall include, but Not be limited to: a) Client name; b) Client address; c) Members age or other basis for determining eligibility; d) Description of services provided; e) Dates services provided; f) Beneficiary information (ethnicity, income, sex, female head of Household, elderly, disabled, etc.); and g) Residence Addresses. Such information shall be made available to City/Grantee monitors or their designees for review upon request. 4. Disclosure The Sub recipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not Directly connected with the administration of the City/Grantee’s or Sub recipients Grand Island Council Session - 11/10/2020 Page 244 / 330 11 Responsibilities with respect to services provided under this Agreement, is Prohibited unless written consent is obtained from such person receiving service And, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Sub recipient’s obligation to the City/Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City/Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub recipient has control over CDBG funds, including program income. All financial records pertaining to this Agreement upon completion shall remain the property of the City/Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub recipient shall immediately report to the City/Grantee all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Program income generally means gross income received by the Sub recipient, directly generated from the use of CDBG funds, with some exceptions which are detailed in 24 C.F.R. §570.500. Program income includes, but is not limited to: a) Payments of principal and interest on loans made using CDBG funds; b) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; c) Proceeds from the disposition of equipment purchased with CDBG Funds; d) Interest earned on program income pending its disposition; and e) Interest earned on CDBG funds held in a revolving loan fund’s cash Balance interest bearing account. The use of program income by the Sub recipient must be approved by the City/Grantee prior to such use and must comply with the requirements set forth at 24 CFR 570.504. The Sub recipient may retain and use program income funds Only for the activity (is) approved under this Agreement. Program income funds Should be held in a non-interest bearing account. If program income funds are held in an interest bearing account, any interest earned on the program income funds must be returned to the City/Grantee on a monthly basis. Receipt and expenditures of program income funds shall be reported, in writing, at the time of receipt and expenditure, along with supporting documentation. Program income must be expended prior to drawing any remaining grant funds. Grand Island Council Session - 11/10/2020 Page 245 / 330 12 In the event the Sub recipient desires to use the program income for some other activity, it must request and receive permission from the City/Grantee before undertaking such a use. The City/Grantee will determine whether the proposed use meets the eligibility criteria of the regulations established by the CDBG funds, and notify the Sub recipient of either approval or disapproval. At conclusion of the Agreement period, or in the case of disapproval, all program income will be returned to the City/Grantee. 2. Payment Procedures Draw-downs for the payment of eligible expenses and general administration items shall be made against the line item budgets specified in the Scope of Service, and in accordance with performance. Payments shall be made upon presentation of invoices that Sub recipient certifies are true and correct copies of payments due on behalf of the Sub recipient for an activity covered by this Agreement and made in accordance and compliance with the Scope of Service. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub recipient, and not to exceed actual cash requirements. Payments will be adjusted by the City/Grantee in accordance with advance fund and program income balances available in the Sub recipient account. In addition, the City/Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the City/Grantee on behalf of the Sub recipient. Payment may be suspended by the City/Grantee in the event of nonperformance by the Sub recipient. Payments may be contingent upon certification of the Sub recipients financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. D. Procurement 1. Compliance The Sub recipient shall comply with current City/Grantee policies concerning the purchase of equipment and shall maintain inventory records of all nonexpendable property as defined by such policies as may be procured with funds provided herein. All program assets (unexplained program income, property, equipment, etc.) shall revert to the City/Grantee upon termination of this Agreement. a. OMB Standards The Sub recipient shall procure all materials, property, or services and then shall subsequently follow all Property Standards as set out in and in accordance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, including but not limited to the requirements covering utilization and disposal of property. b. Travel expenses Grand Island Council Session - 11/10/2020 Page 246 / 330 13 Travel and related expenses for travel outside the city limits of the City of Grand Island Nebraska shall not be paid with funds provided under this Agreement without prior written approval from the City/Grantee. E. Use & Reversion of Assets Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired or improved with Community Development Block Grant funds, in accordance with the Scope of Service, the use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub recipient shall transfer to the City/Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub recipients control that was acquired or Improved, in whole or in part, with funds under this Agreement in excess of Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until thirty (30) years after Expiration of this Agreement. Real property acquired or improved, in whole Or in part, with funds under this Agreement between Seven Thousand and One Dollars ($7,001) and Fifteen Thousand dollars ($15,000) shall be used To meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 Until ten (10) years after expiration of this Agreement. 3. Sub recipient hereby agrees to use all personal assets and all real property, Acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired, or improved, with Community Development Block Grant funds, in accordance with the Scope of Service, the Sub recipient shall return the personal asset or real property to the City/Grantee, or pay to the City/Grantee, a sum equal to its fair market value, less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for the acquisition of, or improvement to, the asset or property. The Sub recipient shall transfer to the City/Grantee any Community Development Block Grant funds on hand at the time of expiration of this Agreement and any accounts receivable of Community Development Block Grant funds. Sub recipient also hereby agrees to enter into an Indenture of Restrictive Covenants Agreement (“Indenture”) with the City/Grantee of City of Grand Island/Grantee at the time of real property purchase. In this Indenture, Sub Grand Island Council Session - 11/10/2020 Page 247 / 330 14 recipient agrees to represent, warrant and covenant throughout the term of the Indenture that the land and/or facility purchased with CDBG funds will be used in accordance with Section 42 of the United States Code. Further, Sub recipient agrees that the use of such property may not change from that for which the acquisition was made unless the Owner provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either (1) the new use of such property qualifies as meeting one of the national objectives in Volume 24 of the Code of Federal Regulations, Section 570.208 (24 CFR, § 570.208), or (2) if the Owner determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under 24 CFR, Section 570.208, it may retain or dispose of the property for the changed use if the Sub recipients CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and Improvements to, the property. a) The Indenture of Restrictive Covenants shall terminate in the year Designated in the Restrictive Covenant according to the terms stated in Paragraph E above, based on the dollar amount of the funds granted, After the first day of the Compliance Period (such period being herein Referred to as the “Compliance Period” or the “Extended Use Period”): b) Notwithstanding paragraph “a” above, the Compliance period for any Building that is part of the Project shall terminate on the date the Project is Acquired by foreclosure or transferred by a deed or other instrument in lieu Of foreclosure unless the Secretary of the Treasury determines that such Acquisition is part of an arrangement with Sub recipient a purpose of which is to terminate such Compliance Period. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub recipient for activities under this Agreement shall be: a. Transferred to the City/Grantee for the CDBG program, or b. Retained after compensating the City/Grantee (an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment). SECTION IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT Grand Island Council Session - 11/10/2020 Page 248 / 330 15 The Sub recipient agrees to comply with: A. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); B. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under (42 USC 5304(d)); and C. The requirements in 24 CFR 570.606(d) governing optional relocation policies. [The City/Grantee may preempt the optional policies.] The Sub recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Sub recipient also agrees to comply with applicable City/Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences. SECTION X. ASSURANCES The Sub recipient hereby agrees to use Community Development Block Grant funds for the purposes authorized by the City/Grantee. The Sub recipient further hereby agrees to comply with the assurances, attached hereto and incorporated herein which are required by the U.S. Department of Housing & Urban Development for all Community Development Block Grant projects. These include Federal Labor Standards requirements. SECTION XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub recipient hereby agrees to comply with all applicable state, local and civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub recipient hereby agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in (42 USC 5309 (a)) are still Grand Island Council Session - 11/10/2020 Page 249 / 330 16 applicable. Sub-recipients shall comply with state and local civil rights laws proscribing housing discrimination based on sexual orientation or gender identity. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City/Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub recipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The City/Grantee shall provide the Sub recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Equal Opportunity 1. Approved Plan The Sub recipient hereby agrees that it shall be committed to carry out pursuant to the City/Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City/Grantee shall provide Affirmative Action guidelines to the Sub recipient to assist in the formulation of such program. The Sub recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women-and Minority-Owners Businesses (W/MBE) The Sub recipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms, “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51%) percent owned and controlled by minority group members or women. The Sub recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in Grand Island Council Session - 11/10/2020 Page 250 / 330 17 lieu of an independent investigation. 3. Access to Records The Sub recipient shall furnish and cause each of its own sub recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City/Grantee, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Sub recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub recipient, state that it is an Equal Opportunity or Affirmative Action employer. 5. Subcontract Provisions The Sub recipient will include the provisions of paragraphs, XI. A., Civil Rights, and XI. B., Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 2. Labor Standards The Sub recipient hereby agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act and Related Acts as amended (40 USC 3141 et seq.), the provisions of Contract Work Hours and Safety Standards Act (40 USC 3701 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City/Grantee for review upon request. The Sub recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the City/Grantee pertaining to such Grand Island Council Session - 11/10/2020 Page 251 / 330 18 contracts and with the applicable requirements of the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub recipient of its obligation, if any, to require payment of the higher wage. The Sub recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended (12 USC 1701u), and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the City/Grantee, the Sub recipient and any of the Sub recipient’s sub recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided. The Sub recipient certifies and hereby agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Sub recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project to business concerns that provide Grand Island Council Session - 11/10/2020 Page 252 / 330 19 economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low income residents within the service area or the neighborhood in which the project is located and to low-and very low-income participants in other HUD programs. The Sub recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Subcontracts The Sub recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability This Agreement shall not be assigned or transferred by the Sub recipient without the prior written consent of the City/Grantee; provided however, that claims for money due or to become due to the Sub recipient from the City/Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be promptly furnished in writing to the City/Grantee. 2. Subcontracts a. Approvals The Sub recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the City/Grantee prior to the execution of the agreement. b. Monitoring The Sub recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Sub recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Grand Island Council Session - 11/10/2020 Page 253 / 330 20 d. Selection Process The Sub recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City/Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub recipient hereby agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engage in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub recipient hereby agrees to abide by the provisions of 2 CFR 200, as now in effect and as may be amended from time to time and 24 CFR 570.611, which include (but are not limited to) the following: a. The Sub recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds; b. No employee, officer or agent of the Sub recipient shall participate in the selection, or in the award, or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes but is not limited to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City/Grantee, the Sub recipient, or any designated public agency; and d. The Sub recipient covenants that neither it nor any member of its Board of Directors, officers, or employees presently have any interest in any project to be financed under the Scope of Service, and shall not acquire any interest therein which would conflict with the performance of the Grand Island Council Session - 11/10/2020 Page 254 / 330 21 Scope of Service required under this Agreement or applicable statute, rule or regulation. Such a conflict would arise when: the employee, officer or agent; any member of their immediate family; their partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm/household selected for award. The Sub recipients officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements during office tenure or for one year after the closeout of the grant. This stipulation must be included in all other contracts and subcontracts to this grant. 5. Lobbying The Sub recipient certifies, to the best of its knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Sub recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The Sub recipient shall require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and co-operative agreements) and that all Sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grand Island Council Session - 11/10/2020 Page 255 / 330 22 6. Copyright If this Agreement results in any copyrightable material or inventions, the Grantee and/or City/Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities The Sub recipient hereby agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. SECTION XII. ENVIRONMENTAL CONDITIONS A. Air and Water The Sub recipient hereby agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C., 7401, et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 308, and all regulations and guidelines issued thereunder; and 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub recipient shall assure that the activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Sub recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35.100 et seq. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and Grand Island Council Session - 11/10/2020 Page 256 / 330 23 the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Sub recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. SECTION XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XV. WAIVER The City/Grantee’s failure to act with respect to a breach by the Sub recipient shall not result in a waiver of its right to act with respect to subsequent or similar breaches. The failure of the City/Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. SECTION XVI. ENTIRE AGREEMENT The provisions set forth in Sections I-XVI, and all attachments of this Agreement constitute, the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall not be binding or valid. Grand Island Council Session - 11/10/2020 Page 257 / 330 24 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. Grantee: City of Grand Island, Nebraska Date _____________________________ By_____________________________________ Roger G. Steele, Mayor, City of Grand Island Attest: _______________________________________ CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________________________ Stacy R. Nonhof, Assistant City Attorney Sub-Recipient: Hope Harbor Inc. Date _____________________________ By____________________________________ Liz Mayfield, Executive Director Date By Board President Grand Island Council Session - 11/10/2020 Page 258 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-288 WHEREAS, the United States Department of Housing and Urban Development requires multiple certifications in order to comply with the Community Development Block Grant Program requirements; and WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), public Law 116-136, which was signed on March 27, 2020, through the Community Development Block Grant (CDBG) program Entitlement communities have been notified they will receive a formula allocation from the first round of CDBG-CV funding to be used specifically for the prevention of, preparation for, and response to the COVID-19 Coronavirus; and WHEREAS, the City of Grand Island completed a substantial amendment to the 2019-2023 Consolidated Plan and 2019 Annual Action Plan in order to receive Community Development Block Grant funds through CARES Act; and WHEREAS, the City must enter into a Sub-Recipient Agreement with each organization identified in the 2019-2023 Consolidated Plan and 2019 Annual Action Plan; and WHEREAS, The YWCA Women’s Empowerment Center was identified in the 2019-2023 Consolidated Plan and 2019 Annual Action Plan to be awarded $30,000 from said funds as set forth in Sub-recipient Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska is hereby authorized to enter into an agreement with The YWCA and the Mayor is hereby authorized to sign such certifications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 259 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-19 #2020-289 - Approving CBDG-CV Agreement with Central Nebraska Community Action Partnership Staff Contact: Amber Alvidrez Grand Island Council Session - 11/10/2020 Page 260 / 330 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting:November 10, 2020 Subject:Approving Agreement CDBG #2019-8-CV with Central Nebraska Community Action Partnership Presenter(s):Amber Alvidrez, Community Development Administrator Background In response to the Coronavirus Pandemic (COVID-19), the United States Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) program has notified each Entitlement community, that they will receive a formula allocation from the first round of CDBG-CV funding to be used specifically for the prevention of, preparation for, and response to the COVID-19. This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed on March 27, 2020. The City of Grand was awarded $251,459.00 of CDBG-CV funds to implement or award to sub-grantees to implement programs that prepare, prevent or respond to COVID-19. Discussion The Community Development Division recommends awarding $90,000 of the CDBG- CV funds to the Central Nebraska Community Action Partnership (CNCAP) to implement a GI CARES program. CNCAP will use these funds in order to aid low to moderate income residents within the City of Grand Island by providing emergency payments for rent, mortgage and/or utilities in order for residents to avoid eviction and/or shut off of utilities. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/10/2020 Page 261 / 330 Recommendation City Administration recommends that the Council approves CDBG Contract #2019-8-CV with Central Nebraska Community Action Partnership and authorizes Mayor to sign all related documents. Sample Motion Move to approve CDBG Contract #2019-8-CV with the Central Nebraska Community Action Partnership. Grand Island Council Session - 11/10/2020 Page 262 / 330 1 SUBRECIPIENT CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ENTITLEMENT FUNDS SECTION I. RECITALS THIS AGREEMENT, made and entered into this 10th day of November, 2020 by and between the City of Grand Island ("City/Grantee,") and The Central Nebraska Community Action Partnership ("Sub recipient,") witnesseth: WHEREAS, the Grantee has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SECTION II. SCOPE OF SERVICE A. Activities The Sub recipient will be responsible for administering a CDBG Coronavirus Relief funds in the form of Entitlement Housing Rehabilitation, Public Facility, Public Improvement Public Service or Economic Development program in a manner satisfactory to the City/Grantee and consistent with any standards required as a condition of providing the funds, and consistent with all provisions of this Agreement. Sub recipient warrants and represents it has the requisite authority and capacity to perform all terms and conditions on Sub recipients part to be performed hereunder. B. Program Delivery Central Nebraska Community Action Partnership shall use Ninety Thousand Dollars and 00/100 ($90,000.00) of Community Development Block Grant Coronavirus response (CBDG-CV) funds for cost associated with implementing an emergency housing and utility payment program as submitted in the application for Community Development Block Grant Coronavirus (CDBG) funds dated (November 10, 2020) toward the goal of benefiting Low to moderate income persons within Grand Island. The Sub-recipient’s program will provide services to a minimum of 30 households. Fifty-one percent (51%) of these services will be provided to persons of low income (below 80% of average medium income). This program will provide aid to persons who are in need of rental, mortgage or utility payment assistance to avoid eviction, foreclosure or shut off of necessary utilities. Grand Island Council Session - 11/10/2020 Page 263 / 330 2 The major tasks the Sub recipient will perform include, but are not necessarily limited to the following: a. create Emergency Rent/mortgage and utility Assistance program b. Provide services to households who have lost employment, job opportunities or income due to the Coronavirus pandemic, services will be provided to low to moderate income persons within the City of Grand Island. c. Purchase any materials needed to implement the Emergency Rent/Mortgage and Utility Payment program. d. Complete an income survey for all persons who receive services. C. National Objective Compliance The Sub recipient certifies that the activity (ies) carried out under this Agreement will meet the following H.U.D. National Objective: Benefit low- and/or moderate-income persons. Failure by the Sub recipient to fulfill the National Objective may result in grant funds being disallowed and required to be returned to the City/Grantee. D. Level(s) of Performance & Accomplishment - Goals and Performance Measures a.The Sub-recipient’s goal is to create an Emergency Rent/mortgage and Utility Assistance program that will continue for a minimum of 1 years. The Sub- recipient is responsible to perform all administrative services necessary to administer the above mentioned program. b.The Sub-Recipient is to provide quarterly reports on achievements and program impact to include a.Number of persons served b.A summary of project progress c.Client Demographics Units of Service include: The Sub-recipient’s progress will be monitored by the amount of persons served. The Sub-recipient will benefit a minimum of 30 households. 16 households served must be low to moderate income (80 % AMI) and 14 households may be any income range. E. Project Description Type of Project: Low To moderate Income Benefit Project Location: City of Grand Island Service Area: City of Grand Island Project: 2019-7-CV Grand Island Council Session - 11/10/2020 Page 264 / 330 3 Basic Eligibility Citation: 24 CFR 570.201 Amount Funded: $90,000.00 F. Performance Monitoring The City/Grantee reserves the right to monitor and evaluate the progress and Performance of the Sub recipient to assure the terms of this agreement are being satisfactorily met in accordance with HUD, City/Grantee and other applicable monitoring and evaluating criteria and standards. Sub recipient shall cooperate with the City/Grantee relating to such monitoring and evaluation. The City/Grantee will monitor the performance of the Sub recipient against goals and performance standards as stated above. Substandard performance as determined by the City/Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub recipient within a reasonable 90 days of time after being notified by the City/Grantee, Agreement suspension or termination procedures will be initiated. G. Time of Performance The Sub-recipient shall perform the services set out above, and shall expend the Community Development Block Grant Coronavirus Response funding provided for above between November 10, 2020 and November 10, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub recipient remains in control of CDBG-CV funds or other CDBG or CDBG-CV assets, including program income. H. Budget The Sub-recipient shall use Ninety Thousand dollars &00/100 ($90,000.00) of Community Development Block Grant Coronavirus Response funds to provide services associated with the Emergency Rent/Mortgage and Utility Payment Assistance Program. In addition, the City/Grantee may require a more detailed budget breakdown than the one contained herein, and the Sub recipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City/Grantee. Any amendments to this budget must be approved in writing by the City/Grantee and Sub recipient. I. Compensation and Method of Payment If Sub recipient is not in default hereunder, and subject to City/Grantee's receipt of the U.S. Department of Housing & Urban Development Community Development Block Grant funds, and provided the Agreement and Scope of Service are eligible Expenditures of Community Development Block Grant funds, the City/Grantee agrees to Grand Island Council Session - 11/10/2020 Page 265 / 330 4 pay the Sub recipient an amount not to exceed Ninety Thousand 00/100 Dollars ($90,000.00). Payments may be contingent upon certification of the Sub recipients’ financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. a. Draw-down requests may be submitted to the Community Development Administrator. Draw-down requests must be in writing and accompanied by acceptable documentation supporting the draw-down amount. Documentation should include, at a minimum, the following information: 1) Invoice itemizing amounts requested; 2) Supporting documentation for each item; and 3) Payroll slips or time cards, if applicable. Additional documentation may be requested as needed for clarification. Payment requests require City/Grantee Council approval prior to disbursal. J. Environmental Review An Environmental Review must be completed prior to the Sub recipient Committing or expending any Community Development Block Grant funds. The City of Grand Island will conduct the Environmental Review and provide documentation of the findings to the Sub-recipient upon its completion. The Sub recipient may not proceed with any services until receipt of written notification of the Environmental Review findings by the City/Grantee. If the Environmental Review requires mitigation, no funds may be expended until mitigation has been accomplished and certified as completed and meeting HUD minimum standards by an acceptable source to the City/Grantee. Documentation evidencing the Sub recipients’ completion of its responsibilities and compliance with the National Environmental Policy Act of 1969 (NEPA), and other provisions of federal law as specified in 24 C.F.R. Part 58 which furthers the purposes of the NEPA. K. Procurement Standards and Code of Conduct Documentation evidencing adoption of Procurement Standards and Code of Conduct equivalent to those established in 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR Part 570. L. Fair Housing Documentation that the Sub recipient has specifically provided a description of the actions they will take during the course of the grant to fulfill the requirements to affirmatively further fair housing. (Applicable to housing projects) M. Implementation Schedule Grand Island Council Session - 11/10/2020 Page 266 / 330 5 CDBG Sub recipient to complete and submit to the City/Grantee the Implementation Schedule form. N. Sources and Uses of Funds (if applicable) not applicable O. Other Special Conditions Indenture of restrictive covenants, Davis Bacon sub recipient and contractor’s meeting, Davis Bacon regulations apply. P. Notices Notices required by this Agreement shall be in writing and delivered via United States Postal Service mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following agreement representatives: City/Grantee Sub-recipient: City of Grand Island Central Nebraska Community Action Partnership ATTN: Community Development Division Keli Forney 100 East First Street 2525 W. Old Lincoln Hwy Grand Island NE, 68801-1968 Grand Island NE, 68801 Telephone: (308)385-5444 ext. 212 Telephone:308-385-5500 Fax: (308) 385-5488 Fax:308-385-5504 SECTION III. GENERAL CONDITIONS A. General Compliance Any changes to the program goals, scope of services, schedule or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Sub-recipient and the City/Grantee. Changes to key Personnel assigned or their general responsibilities under this project are subject to notification and approval from the City/Grantee. Grand Island Council Session - 11/10/2020 Page 267 / 330 6 The Sub-recipient hereby agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including Subpart K of these regulations). The Sub-recipient also agrees to comply with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this agreement. The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “independent contractor” with respect to services to be performed under this Agreement. The City/Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker’s Compensation Insurance, as the Sub-recipient is an independent contractor. Sub-recipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. C. Hold Harmless Sub-recipient further agrees to indemnify, defend and hold harmless the City/Grantee, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties or attorney fees, arising from such injuries to persons, or damages to property, or based upon or arising out of the performance or non-performance of this Agreement by Sub recipient, or out of any violation of Sub recipient of any local, state, or federal statute, ordinance, rule or regulation. D. Worker’s Compensation The Sub recipient shall provide Workers’ Compensation Insurance coverage in the amount required by law, for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The Sub recipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City/Grantee. The Sub recipient shall comply with the bonding and insurance requirements of 2 CFR 200, as now in effect and as may be amended from time to time. Grand Island Council Session - 11/10/2020 Page 268 / 330 7 F. City/Grantee Recognition The Sub recipient shall ensure recognition of the role of the City/Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In addition, the Sub recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The City/Grantee or Sub recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City/Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City/Grantee or Sub recipient from its obligations under this Agreement. The City/Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City/Grantee and Sub recipient. SECTION IV. LIABILITY Sub recipient agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or non-performance of this Agreement by Sub recipient, or by the conditions created thereby. SECTION V. SUSPENSION OR TERMINATION FOR CAUSE In accordance with 2 CFR 200, as now in effect and as may be amended from time to time, the City/Grantee may suspend or terminate this Agreement if the Sub recipient materially fails to comply with any terms of this Agreement, which include but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub recipient to fulfill in a timely and proper manner its obligations under this Agreement; Grand Island Council Session - 11/10/2020 Page 269 / 330 8 3. Ineffective or improper use of funds provided under this Agreement; 4. Submission by the Sub recipient to the City/Grantee reports that are incorrect or incomplete in any material respect; or 5. Financial instability of the Sub recipient organization that will affect the abilities of the organization to carry out or complete the stated activities and scope of work. In the event of agency financial instability, a default or violation of the terms of this Agreement by the Sub recipient, or failure to use the grant for only those purposes set forth, the City/Grantee may take the following actions: A. Suspension for Cause After notice to the Sub recipient, the City/Grantee may suspend the Agreement and withhold any further payment or prohibit the Sub recipient from incurring additional obligations of grant funds, pending corrective action by the Sub recipient or a decision to terminate. B. Termination for Cause This Agreement may be terminated, in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, if the Sub recipient materially fails to comply with any term of the Agreement or applicable federal regulations. The City/Grantee may terminate the Agreement upon ten (10) days written notice, together with documentation of the reasons therefore, and after an opportunity for a hearing is afforded. The determination of the City/Grantee as to the cause of termination and the appropriateness therefore shall be final and binding upon both City/Grantee and Sub recipient. In the event projects are delayed, the Sub recipient shall notify the City/Grantee in writing, informing the City/Grantee of the issues surrounding the delay of the project. In cases where the project is not moving forward, the City/Grantee shall notify the Sub recipient of termination of the funding. In the event of termination, all finished or unfinished documents, data, studies and reports prepared by the Sub recipient under this Agreement shall, at the option of the City/Grantee, become its property and the Sub recipient shall be entitled to receive just and equitable compensation for satisfactory work completed on such materials for which compensation has not previously been paid. SECTION VI. TERMINATION FOR CONVENIENCE This Agreement may be terminated for convenience in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, by either the City/Grantee or the Sub recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City/Grantee Grand Island Council Session - 11/10/2020 Page 270 / 330 9 determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City/Grantee may terminate the award in its entirety. SECTION VII. TERMINATION OF CITY/GRANTEE'S OBLIGATIONS The City/Grantee's obligations under this Agreement will terminate in the event of suspension or non-receipt of Community Development Block Grant funds by the City/Grantee. SECTIONVIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Records of the Sub recipient and reimbursable expenses pertaining to the Scope of Services and records of accounts between the City/Grantee and the Sub recipient shall be kept on a generally recognized accounting basis. 1. Accounting Standards The Sub recipient agrees to comply with 2 CFR 200, as now in effect and as may be amended from time to time, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub recipient shall administer its program in conformance with 2 CFR 200, as now in effect and as may be amended from time to time. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation & Record Keeping 1. Records to be maintained The Sub recipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to: a) Record(s) providing a full description of each activity undertaken; b) Record(s) demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Record(s) required to determine the eligibility of activities; d) Record(s) required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; Grand Island Council Session - 11/10/2020 Page 271 / 330 10 e) Record(s) documenting compliance with the fair housing and equal opportunity components of the CDBG program; f) Financial records as required by 24 CFR Part 570.502 and 2 CFR 200, as now in effect and as may be amended from time to time; g) Other records as necessary to document compliance with Subpart K of 24 CFR 570; and h) Real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the “changes in use” restrictions specified in 24 CFR 570.505, as applicable. 2. Retention The Sub recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years. The retention period begins on the date of submission of the City/Grantee’s Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Records for non- expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. 3. Client Data-if applicable The Sub recipient shall maintain client data demonstrating client eligibility for services provided. Such information shall be made available to City/Grantee monitors or their designees for review upon request. Such data shall include, but not be limited to: a) Client name; b) Client address; c) Members age or other basis for determining eligibility; d) Description of services provided; e) Dates services provided; f) Beneficiary information (ethnicity, income, sex, female head of household, elderly, disabled, etc.); and g) Residence Addresses. Such information shall be made available to City/Grantee monitors or their designees for review upon request. 4. Disclosure The Sub recipient understands that client information collected under this Grand Island Council Session - 11/10/2020 Page 272 / 330 11 Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City/Grantee’s or Sub recipients responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Sub recipient’s obligation to the City/Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City/Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub recipient has control over CDBG funds, including program income. All financial records pertaining to this Agreement upon completion shall remain the property of the City/Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub recipient shall immediately report to the City/Grantee all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Program income generally means gross income received by the Sub recipient, directly generated from the use of CDBG funds, with some exceptions which are detailed in 24 C.F.R. §570.500. Program income includes, but is not limited to: a) Payments of principal and interest on loans made using CDBG funds; b) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; c) Proceeds from the disposition of equipment purchased with CDBG funds; d) Interest earned on program income pending its disposition; and e) Interest earned on CDBG funds held in a revolving loan fund’s cash balance interest bearing account. The use of program income by the Sub recipient must be approved by the City/Grantee prior to such use and must comply with the requirements set forth at 24 CFR 570.504. The Sub recipient may retain and use program income funds only for the activity (ies) approved under this Agreement. Program income funds should be held in a non-interest bearing account. If program income funds are held in an interest bearing account, any interest earned on the program income funds must be returned to the City/Grantee on a monthly basis. Receipt and expenditures of program income funds shall be reported, in writing, at the time of Grand Island Council Session - 11/10/2020 Page 273 / 330 12 receipt and expenditure, along with supporting documentation. Program income must be expended prior to drawing any remaining grant funds. In the event the Sub recipient desires to use the program income for some other activity, it must request and receive permission from the City/Grantee before undertaking such a use. The City/Grantee will determine whether the proposed use meets the eligibility criteria of the regulations established by the CDBG funds, and notify the Sub recipient of either approval or disapproval. At conclusion of the Agreement period, or in the case of disapproval, all program income will be returned to the City/Grantee. 2. Payment Procedures Draw-downs for the payment of eligible expenses and general administration items shall be made against the line item budgets specified in the Scope of Service, and in accordance with performance. Payments shall be made upon presentation of invoices that Sub recipient certifies are true and correct copies of payments due on behalf of the Sub recipient for an activity covered by this Agreement and made in accordance and compliance with the Scope of Service. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub recipient, and not to exceed actual cash requirements. Payments will be adjusted by the City/Grantee in accordance with advance fund and program income balances available in the Sub recipient account. In addition, the City/Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the City/Grantee on behalf of the Sub recipient. Payment may be suspended by the City/Grantee in the event of nonperformance by the Sub recipient. Payments may be contingent upon certification of the Sub recipients financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. D. Procurement 1. Compliance The Sub recipient shall comply with current City/Grantee policies concerning the purchase of equipment and shall maintain inventory records of all nonexpendable property as defined by such policies as may be procured with funds provided herein. All program assets (unexplained program income, property, equipment, etc.) shall revert to the City/Grantee upon termination of this Agreement. a. OMB Standards The Sub recipient shall procure all materials, property, or services and then shall subsequently follow all Property Standards as set out in and in accordance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, including but not limited to the requirements covering utilization and disposal of property. Grand Island Council Session - 11/10/2020 Page 274 / 330 13 b. Travel expenses Travel and related expenses for travel outside the city limits of the City of Grand Island Nebraska shall not be paid with funds provided under this Agreement without prior written approval from the City/Grantee. E. Use & Reversion of Assets Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired or improved with Community Development Block Grant funds, in accordance with the Scope of Service, the use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub recipient shall transfer to the City/Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub recipients control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until thirty (30) years after expiration of this Agreement. Real property acquired or improved, in whole or in part, with funds under this Agreement between Seven Thousand and One Dollars ($7,001) and Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. 3. Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired, or improved, with Community Development Block Grant funds, in accordance with the Scope of Service, the Sub recipient shall return the personal asset or real property to the City/Grantee, or pay to the City/Grantee, a sum equal to its fair market value, less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for the acquisition of, or improvement to, the asset or property. The Sub recipient shall transfer to the City/Grantee any Community Development Block Grant funds on hand at the time of expiration of this Agreement and any accounts receivable of Community Development Block Grant funds. Sub recipient also hereby agrees to enter into an Indenture of Restrictive Grand Island Council Session - 11/10/2020 Page 275 / 330 14 Covenants Agreement (“Indenture”) with the City/Grantee of City of Grand Island/Grantee at the time of real property purchase. In this Indenture, Sub recipient agrees to represent, warrant and covenant throughout the term of the Indenture that the land and/or facility purchased with CDBG funds will be used in accordance with Section 42 of the United States Code. Further, Sub recipient agrees that the use of such property may not change from that for which the acquisition was made unless the Owner provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either (1) the new use of such property qualifies as meeting one of the national objectives in Volume 24 of the Code of Federal Regulations, Section 570.208 (24 CFR, § 570.208), or (2) if the Owner determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under 24 CFR, Section 570.208, it may retain or dispose of the property for the changed use if the Sub recipients CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. a) The Indenture of Restrictive Covenants shall terminate in the year designated in the Restrictive Covenant according to the terms stated in paragraph E above, based on the dollar amount of the funds granted, after the first day of the Compliance Period (such period being herein referred to as the “Compliance Period” or the “Extended Use Period”): b) Notwithstanding paragraph “a” above, the Compliance period for any building that is part of the Project shall terminate on the date the Project is acquired by foreclosure or transferred by a deed or other instrument in lieu of foreclosure unless the Secretary of the Treasury determines that such acquisition is part of an arrangement with Sub recipient a purpose of which is to terminate such Compliance Period. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub recipient for activities under this Agreement shall be: a. Transferred to the City/Grantee for the CDBG program, or b. Retained after compensating the City/Grantee (an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment). SECTION IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT Grand Island Council Session - 11/10/2020 Page 276 / 330 15 The Sub recipient agrees to comply with: A. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); B. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under (42 USC 5304(d)); and C. The requirements in 24 CFR 570.606(d) governing optional relocation policies. [The City/Grantee may preempt the optional policies.] The Sub recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Sub recipient also agrees to comply with applicable City/Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences. SECTION X. ASSURANCES The Sub recipient hereby agrees to use Community Development Block Grant funds for the purposes authorized by the City/Grantee. The Sub recipient further hereby agrees to comply with the assurances, attached hereto and incorporated herein which are required by the U.S. Department of Housing & Urban Development for all Community Development Block Grant projects. These include Federal Labor Standards requirements. SECTION XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub recipient hereby agrees to comply with all applicable state, local and civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub recipient hereby agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in (42 USC 5309 (a)) are still Grand Island Council Session - 11/10/2020 Page 277 / 330 16 applicable. Sub-recipients shall comply with state and local civil rights laws proscribing housing discrimination based on sexual orientation or gender identity. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City/Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub recipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The City/Grantee shall provide the Sub recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Equal Opportunity 1. Approved Plan The Sub recipient hereby agrees that it shall be committed to carry out pursuant to the City/Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City/Grantee shall provide Affirmative Action guidelines to the Sub recipient to assist in the formulation of such program. The Sub recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women-and Minority-Owners Businesses (W/MBE) The Sub recipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms, “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51%) percent owned and controlled by minority group members or women. The Sub recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in Grand Island Council Session - 11/10/2020 Page 278 / 330 17 lieu of an independent investigation. 3. Access to Records The Sub recipient shall furnish and cause each of its own sub recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City/Grantee, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Sub recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub recipient, state that it is an Equal Opportunity or Affirmative Action employer. 5. Subcontract Provisions The Sub recipient will include the provisions of paragraphs, XI. A., Civil Rights, and XI. B., Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 2. Labor Standards The Sub recipient hereby agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act and Related Acts as amended (40 USC 3141 et seq.), the provisions of Contract Work Hours and Safety Standards Act (40 USC 3701 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City/Grantee for review upon request. The Sub recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the City/Grantee pertaining to such Grand Island Council Session - 11/10/2020 Page 279 / 330 18 contracts and with the applicable requirements of the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub recipient of its obligation, if any, to require payment of the higher wage. The Sub recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended (12 USC 1701u), and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the City/Grantee, the Sub recipient and any of the Sub recipient’s sub recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided. The Sub recipient certifies and hereby agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Sub recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project to business concerns that provide Grand Island Council Session - 11/10/2020 Page 280 / 330 19 economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low income residents within the service area or the neighborhood in which the project is located and to low-and very low-income participants in other HUD programs. The Sub recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Subcontracts The Sub recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability This Agreement shall not be assigned or transferred by the Sub recipient without the prior written consent of the City/Grantee; provided however, that claims for money due or to become due to the Sub recipient from the City/Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be promptly furnished in writing to the City/Grantee. 2. Subcontracts a. Approvals The Sub recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the City/Grantee prior to the execution of the agreement. b. Monitoring The Sub recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Sub recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Grand Island Council Session - 11/10/2020 Page 281 / 330 20 d. Selection Process The Sub recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City/Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub recipient hereby agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engage in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub recipient hereby agrees to abide by the provisions of 2 CFR 200, as now in effect and as may be amended from time to time and 24 CFR 570.611, which include (but are not limited to) the following: a. The Sub recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds; b. No employee, officer or agent of the Sub recipient shall participate in the selection, or in the award, or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes but is not limited to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City/Grantee, the Sub recipient, or any designated public agency; and d. The Sub recipient covenants that neither it nor any member of its Board of Directors, officers, or employees presently have any interest in any project to be financed under the Scope of Service, and shall not acquire any interest therein which would conflict with the performance of the Grand Island Council Session - 11/10/2020 Page 282 / 330 21 Scope of Service required under this Agreement or applicable statute, rule or regulation. Such a conflict would arise when: the employee, officer or agent; any member of their immediate family; their partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm/household selected for award. The Sub recipients officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements during office tenure or for one year after the closeout of the grant. This stipulation must be included in all other contracts and subcontracts to this grant. 5. Lobbying The Sub recipient certifies, to the best of its knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Sub recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The Sub recipient shall require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and co-operative agreements) and that all Sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grand Island Council Session - 11/10/2020 Page 283 / 330 22 6. Copyright If this Agreement results in any copyrightable material or inventions, the Grantee and/or City/Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities The Sub recipient hereby agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. SECTION XII. ENVIRONMENTAL CONDITIONS A. Air and Water The Sub recipient hereby agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C., 7401, et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 308, and all regulations and guidelines issued thereunder; and 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub recipient shall assure that the activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Sub recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35.100 et seq. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and Grand Island Council Session - 11/10/2020 Page 284 / 330 23 the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Sub recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. SECTION XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XV. WAIVER The City/Grantee’s failure to act with respect to a breach by the Sub recipient shall not result in a waiver of its right to act with respect to subsequent or similar breaches. The failure of the City/Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. SECTION XVI. ENTIRE AGREEMENT The provisions set forth in Sections I-XVI, and all attachments of this Agreement constitute, the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall not be binding or valid. Grand Island Council Session - 11/10/2020 Page 285 / 330 24 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. Grantee: City of Grand Island, Nebraska Date _____________________________ By_____________________________________ Roger G. Steele, Mayor, City of Grand Island Attest: _______________________________________ CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________________________ Stacy R. Nonhof, Assistant City Attorney Sub-Recipient: Central Nebraska Community Action Partnership Date _____________________________ By____________________________________ Executive Director Grand Island Council Session - 11/10/2020 Page 286 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-289 WHEREAS, the United States Department of Housing and Urban Development requires multiple certifications in order to comply with the Community Development Block Grant Program requirements; and WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), public Law 116-136, which was signed on March 27, 2020, through the Community Development Block Grant (CDBG) program Entitlement communities have been notified they will receive a formula allocation from the first round of CDBG-CV funding to be used specifically for the prevention of, preparation for, and response to the COVID-19 Coronavirus; and WHEREAS, the City of Grand Island completed a substantial amendment to the 2019-2023 Consolidated Plan and 2019 Annual Action Plan in order to receive Community Development Block Grant funds through CARES Act; and WHEREAS, the City must enter into a Sub-Recipient Agreement with each organization identified in the 2019-2023 Consolidated Plan and 2019 Annual Action Plan; and WHEREAS, Central Nebraska Community Action Partnership’s GI CARES program was identified in the 2019-2023 Consolidated Plan and 2019 Annual Action Plan to be awarded $90,000.00 from said funds as set forth in grant agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska is hereby authorized to enter into an agreement with Central Nebraska Community Action Partnership and the Mayor is hereby authorized to sign such certifications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 287 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-20 #2020-290 - Approving Purchase of Two (2) 72" Cut Mowers for the Parks Division of the Parks & Recreation Department Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 11/10/2020 Page 288 / 330 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:November 10, 2020 Subject:Purchase of Two (2) New 72” Cut Mowers for Parks Operations Presenter(s):Todd McCoy, Parks and Recreation Director Background The Parks Division budgeted this year to replace two mowers. The replacement equipment is necessary as the current units are over 20 years old and becoming less dependable. The new equipment will provide additional years of service to the Parks Division operation. Discussion The equipment specifications awarded under the Sourcewell Cooperative Buying Group contract meet the requirements for the Parks Division. Turfwerks of Omaha, Nebraska submitted a bid for the equipment with no exceptions in the amount of $60,484.00. The purchase will be funded from capital account 41044401-85615. Sourcewell Cooperative Buying Group Contract No. 161769 Two (2) Jacobson Turfcat Model 421200G01 72” Mowers $60,484.00 Grand Island Council Session - 11/10/2020 Page 289 / 330 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 purchase of two (2) new 72” mowers from Turfwerks of Omaha, Nebraska. The total purchase price is $60,484.00. Sample Motion Move to approve the purchase of two (2) new mowers for the Parks Division in the amount of $60,484.00. Grand Island Council Session - 11/10/2020 Page 290 / 330 Grand Island Council Session - 11/10/2020 Page 291 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-290 WHEREAS, the Parks Division of the Parks & Recreation Department for the City of Grand Island, budgeted for two (2) new 72” cut mowers in the 2020/2021 fiscal year; and WHEREAS, said mowers, two (2) new Jacobson Turfcat Model 421200G01 can be obtained through the Sourcewell Cooperative Buying Group Contract holder Turfwerks; and WHEREAS, purchasing the mowers through the Sourcewell Cooperative Buying Group Contract No. 161769 meets all statutory bidding requirements; and WHEREAS, the funding for such mowers is provided in the 2020-2021 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of two (2) new 72” cut mowers in the total amount of $60,484.00 through the Sourcewell Cooperative Buying Group Contract holder Turfwerks of Omaha, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 292 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-21 #2020-291 - Approving Purchase of One (1) 11' Cut Mower for the Parks Division of the Parks & Recreation Department Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 11/10/2020 Page 293 / 330 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:November 10, 2020 Subject:Purchase of One (1) New 11’ Cut Mower for Parks Operations Presenter(s):Todd McCoy, Parks and Recreation Director Background The Parks Division budgeted this year to replace three older mowers with one new 11’ cut mower. The replacement equipment is necessary as the current units have over 4,000+ operating hours each and becoming less dependable. The new equipment will provide additional years of service to the Parks Division operation and increase staff efficiency. Discussion The equipment specifications awarded under the Sourcewell Cooperative Buying Group contract meet the requirements for the Parks Division. Midwest Turf and Irrigation of Omaha, Nebraska submitted a bid for the equipment with no exceptions in the amount of $85,963.70. The purchase will be funded from capital account 41044401-85615. Sourcewell Cooperative Buying Group Contract No. 161769 One (1)11’ Cut Mower $85,963.70 Grand Island Council Session - 11/10/2020 Page 294 / 330 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 purchase of one (1) new 11’ cut mower from Midwest Turf and Irrigation of Omaha, Nebraska. The total purchase price is $85,963.70. Sample Motion Move to approve the purchase of one (1) new mower for the Parks Division in the amount of $85,963.70. Grand Island Council Session - 11/10/2020 Page 295 / 330 Grand Island Council Session - 11/10/2020 Page 296 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-291 WHEREAS, the Parks Division of the Parks & Recreation Department for the City of Grand Island, budgeted for one (1) new 11’ cut mower in the 2020/2021 fiscal year; and WHEREAS, said mower, one (1) new Groundsmaster 4010-D Model 30636 can be obtained through the Sourcewell Cooperative Buying Group Contract holder Midwest Turf & Irrigation; and WHEREAS, purchasing the mower through the Sourcewell Cooperative Buying Group Contract No. 161769 meets all statutory bidding requirements; and WHEREAS, the funding for such mower is provided in the 2020-2021 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) new 11’ cut mower in the total amount of $85,963.70 through the Sourcewell Cooperative Buying Group Contract holder Midwest Turf & Irrigation of Omaha, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 297 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item G-22 #2020-292 - Approving Purchase of a New Dump Truck for the Parks Division of the Parks & Recreation Department Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 11/10/2020 Page 298 / 330 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:November 10, 2020 Subject:Purchase of One (1) New Dump Truck for Parks Operations Presenter(s):Todd McCoy, Parks and Recreation Director Background The Parks Division budgeted this year to replace a 1992 dump truck. The replacement truck is necessary as the current unit has rusting concerns, limited capacity, and is becoming less dependable. The new equipment will provide additional years of service to the Parks Division operation and be easier for staff to operate. The new truck will haul woodchips, dirt, tree branches, gravel, sand, logs, and clear snow during the winter. If no other City divisions are interested in the older truck it will be placed on auction. Discussion The equipment specifications awarded under the Sourcewell Cooperative Buying Group contract meet the requirements for the Parks Division. Hansen International Truck, Inc. of Grand Island, Nebraska submitted a bid for the equipment with no exceptions in the amount of $84,326.00. The purchase will be funded from capital account 41044401- 85625. Sourcewell Cooperative Buying Group Contract No. 161769 One (1) 2020 CV515 4x4 International Dump Truck: $84,326.00 Grand Island Council Session - 11/10/2020 Page 299 / 330 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 purchase of one (1) new dump truck from Hansen International Truck, Inc. of Grand Island, Nebraska. The total purchase price is $84,326.00. Sample Motion Move to approve the purchase of one (1) new dump truck for the Parks Division in the amount of $84,326.00. Grand Island Council Session - 11/10/2020 Page 300 / 330 Grand Island Council Session - 11/10/2020 Page 301 / 330 Grand Island Council Session - 11/10/2020 Page 302 / 330 Grand Island Council Session - 11/10/2020 Page 303 / 330 Grand Island Council Session - 11/10/2020 Page 304 / 330 Grand Island Council Session - 11/10/2020 Page 305 / 330 Grand Island Council Session - 11/10/2020 Page 306 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-292 WHEREAS, the Parks Division of the Parks & Recreation Department for the City of Grand Island, budgeted for one (1) new Dump Truck in the 2020/2021 fiscal year; and WHEREAS, said Dump Truck, one (1) new 2020 CV515 4x4 International Dump Truck can be obtained through the Sourcewell Cooperative Buying Group Contract holder Hansen International; and WHEREAS, purchasing the dump truck through the Sourcewell Cooperative Buying Group Contract No. 161769 meets all statutory bidding requirements; and WHEREAS, the funding for such dump truck is provided in the 2020-2021 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) new 2020 CV515 4x4 International Dump Truck in the total amount of $84,326.00 through the Sourcewell Cooperative Buying Group Contract holder Hansen International of Grand Island, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 307 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item I-1 #2020-293 - Approving Request for Qualifications for JBS Trail Expansion for the Parks & Recreation Department Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 11/10/2020 Page 308 / 330 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:November 10, 2020 Subject:Approve Design Services for JBS Trail Expansion Presenter:Todd McCoy, Parks and Recreation Director Background JBS donated $1,000,000 to the City of Grand Island to build a new playground at the Veteran’s Sports Complex and extend the existing beltline hike/bike trail system. The funding for this project comes from a recent JBS Hometown Strong initiative to support local communities. The John Brownell Beltline Trail currently ends at Cherry Street in east Grand Island. The proposed new 10’ wide concrete trail will be approximately one mile extending the existing trail east and ending at the JBS plant. The trail extension project is listed as a Phase I “Priority Trail” in the recent Grand Island Metropolitan Area Bicycle and Pedestrian Master Plan because of its added safety, connectivity, and anticipated high use. The estimated cost of the project is $550,000 - $650,000. Grand Island Council Session - 11/10/2020 Page 309 / 330 Discussion The City advertised a Request for Qualifications (RFQ) for firms to design the expansion of the JBS connection trail. Four RFQ’s were received to design the trail expansion project. Alfred Benesch & Company, Grand Island, NE Leo A Daly, Omaha, NE JEO, Grand Island, NE Olsson, Grand Island, NE Staff recommends contracting Alfred Benesch & Company for design services, preparing construction documents, and provide construction management for the project. Benesch was selected based on the criteria of approach, experience, resume of staff, schedule, and value. The contract amount is $98,849.00. Design services will be paid with the JBS donation. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the agreement. 2.Take no action on the issue. Recommendation City Administration recommends that Council approve the agreement with Alfred Benesch & Company of Grand Island, Nebraska for design services, prepare construction documents, and provide construction management for the JBS connection trail. Sample Motion Move to approve the agreement with Alfred Benesch & Company for design services, prepare construction documents, and provide construction management of the JBS trail expansion project for a total contract amount of $98,849.00. Grand Island Council Session - 11/10/2020 Page 310 / 330 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR 2021 CAPITAL IMPROVEMENT PROJECTS RFP DUE DATE: September 24, 2020 at 4:15 p.m. DEPARTMENT: Public Works PUBLICATION DATE: September 3, 2020 NO. POTENTIAL BIDDERS: 16 PROPOSALS RECEIVED JEO Consulting Group HDR Grand Island, NE Des Moines, IA Leo A Daly Benesch Omaha, NE Grand Island, NE Olsson, Inc. Lincoln, NE cc: John Collins, Public Works Director Catrina DeLosh, Admin. Asst. PW Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Keith Kurz, Asst. Public Works Director P2230 Grand Island Council Session - 11/10/2020 Page 311 / 330 CONSULTING SERVICES AGREEMENT CLIENT Address Telephone City of Grand Island City Hall, 100 East First Street Grand Island, NE 68802 308-385-5444 Project Name City of Grand Island JBS Connector Trail Project Location Grand Island, NE Beltline Trail Head to JBS Parkin Lot Client Contact Todd McCoy Consultant PM Terry Brown Client Job No. Consultant Job No. This Agreement is made by and between City of Grand Island, hereinafter called “Client,” and Alfred Benesch & Company, hereinafter called “Consultant”, for professional consulting services as specified herein. Consultant agrees to provide Client with requested consulting services more specifically described as follows (or shown in Attachment A): Scope of Work Fee Estimate The General Conditions and the following Attachments are hereby made a part of the Agreement: Attachment A: Scope of Services and Fee Estimate Attachment B: Schedule of Unit Rates Attachment C: or Exhibit A: Work Authorizations specifying Method of Payment, Scope, and Fee By signing this Agreement, Client acknowledges that it has read and fully understands this Agreement and all attachments thereto. Client further agrees to pay Consultant for services described herein upon receipt of invoice by Client for the Consultant’s estimated fee as described below: By Lump Sum: $ . By Time and Materials: $98,849. By Other Payment Method (See Attachment ): $ . As shown on serially numbered Work Authorizations Using Exhibit A IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: CLIENT ALFRED BENESCH & COMPANY BY: ________________________________________ BY: AUTHORIZED REPRESENTATIVE AUTHORIZED REPRESENTATIVE PRINT NAME: PRINT NAME: Anthony Dirks TITLE: TITLE: Senior Vice President DATE: ______________________________ , 2020 DATE: Nov , 2020 BENESCH OFFICE: Lincoln ADDRESS: 825 M Street, Suite 100 Lincoln, NE 68508 PLEASE SIGN AND RETURN ONE COPY TO ALFRED BENESCH & COMPANY (ADDRESS ABOVE). Grand Island Council Session - 11/10/2020 Page 312 / 330 STANDARD TERMS AND CONDITIONS Std Client Consulting Agrmnt November 2019 SECTION 1 – Services by Consultant 1.1 General Consultant shall provide services under this Agreement only upon request of the Client, and only to the extent defined and required by the Client. These services may include the use of outside services, outside testing laboratories, and special equipment. Attachments to this Agreement are as identified on the signature page to this Agreement or using serially numbered Work Authorizations, and with these GENERAL CONDITIONS, are all as attached hereto, and made a part of this Agreement. 1.2 Scope of Services and Fees The services to be performed by Consultant and the associated fee are attached hereto and made a part of this Agreement or by using serially numbered Work Authorizations, all as identified on the signature page to this Agreement, and shall be performed by the Consultant in accordance with the Client's requirements. The Scope of Services and Fee Estimate (Attachment A) is valid for sixty (60) days, after which Consultant reserves the right to revise the Scope or Fee Estimate. It is mutually understood that Consultant’s fee is not a firm contractual amount, except the total fee by the Consultant shall not be exceeded unless authorized in writing by the Client. The intent of the Scope of Services is to identify the services to be provided by Consultant. However, it is specifically understood that by written notice to Consultant, Client can decrease or, with concurrence of Consultant, increase the Scope of Services. SECTION 2 – Payments to Consultant 2.1 Method of Payment Payment for Consultant’s personnel services and direct expenses shall be based on the Method of Payment which is identified on the signature page to this Agreement or serially numbered Work Authorizations, attached hereto, and made a part of this Agreement. 2.2 Payment for Personnel Services 2.2.1 Payment Payment for the services rendered by Consultant's personnel shall be based on the hours of chargeable time and in accordance with Consultant's Schedule of Unit Rates, which is identified on the signature page to this Agreement and attached hereto, and made a part of this Agreement. 2.2.2 Chargeable Time Chargeable time for Consultant's personnel is that portion of their time devoted to providing services requested by Client. Chargeable time for field personnel located away from Consultant's office for more than one week is a minimum of eight hours per day and five days per calendar week, except for Consultant observed legal holidays or during an employee's sick leave or vacation time. Travel time from Consultant's office to an assigned work site, and return to Consultant's office, is chargeable time; or if more economical for Client, Consultant shall lodge its personnel overnight near the work site in lieu of traveling back to Consultant's office at the end of each work day. 2.2.3 Overtime Rates The basis for payment to Consultant for each hour worked in excess of forty (40) hours in any calendar week shall be the applicable hourly rate as specified in the Schedule of Unit Rates. 2.3 Payment for Direct Expenses 2.3.1 Payment For Direct Expenses incurred by Consultant, payment to Consultant by the Client shall be in accordance with Consultant's Schedule of Unit Rates. 2.3.2 Direct Expenses For the purposes of this Agreement, Direct Expenses to be contracted and managed by Consultant and payable by Client to Consultant shall include: Outside Services including the services and reimbursable expenses for firms other than Consultant which are necessary for the work the Consultant is directed to perform; Laboratory Tests and related reports necessary for the work the Consultant is directed to perform, either by the Consultant or by an outside service for the Consultant; Special Equipment expenses including the costs of the Consultant locating, acquiring, leasing, or renting any equipment or facilities not currently owned, leased, or rented by Consultant at the time of the request for services which are necessary to enable Consultant to provide the services requested; vehicles furnished by Consultant for Consultant's authorized travels and for Consultant's field personnel; Per Diem expense or actual costs of maintaining Consultant's field personnel on or near the Project site, for each day of field assignment away from Consultant's office; and Other Direct Expenses associated with all services provided hereunder and identified in the Schedule of Unit Rates. 2.4 Payment Conditions 2.4.1 Consultant shall submit monthly invoices for all personnel services and direct expenses under this Agreement and a final invoice upon completion of services. 2.4.2 Invoices are due and payable upon receipt by Client. Interest at a rate of 1.5% per month, or the maximum allowed by law, will be charged on all past due amounts starting thirty (30) days after date of invoice. Payments will first be credited to interest and then to principal. 2.4.3 In the event of a disputed or contested invoice, Client must provide written notice to Consultant within ten (10) days of the date of any invoice, otherwise the invoice will be considered to be correct. In the event Client timely submits in writing a dispute on a particular invoice, only that portion so contested will be withheld from payment and the Client will pay the undisputed portion. No interest will accrue on any reasonably contested portion of the invoice until mutually resolved. Grand Island Council Session - 11/10/2020 Page 313 / 330 Std Client Consulting Agrmnt November 2019 2.4.4 If Client fails to make payment in full to Consultant of amounts owed pursuant to this Section 2 within forty-five (45) days of the date of the invoice, Consultant may, after giving seven (7) days' written notice to Client, suspend services under this Agreement until paid in full, including interest. Consultant shall have no liability to Client for delays or damages caused by such suspension of services. Client agrees to pay all costs of collection, including reasonable attorney’s fees, incurred by Consultant as a result of Client’s failure to make payments in accordance with this Agreement. No final plans, documents or reports will be released for any purpose until Consultant has been paid in full. 2.4.5 The billing rates specified in the Schedule of Unit Rates for subsequent years shall be adjusted annually in accordance with Consultant's costs of doing business, subject to Client's review and concurrence. SECTION 3 - Term of Agreement 3.1 Term Consultant's obligations to perform under this Agreement shall extend from the date of execution until terminated by either party. 3.2 Abandonment of Work Client shall have the absolute right to abandon any work requested hereunder or to change the general scope of the work at any time, and such action on its part shall in no event be deemed a breach of contract. 3.3 Termination of Agreement 3.3.1 Termination with Cause The obligation to provide further services under this Agreement may be terminated with cause by either party by written notice stating the basis for the termination and providing 7 days to cure. The termination will be effective seven (7) days after delivery of written notice thereof if the basis for the termination has not been cured. In the event of termination by Consultant caused by failure of the Client to perform in accordance with the terms of this Agreement, Client shall pay for all services performed prior to the effective date of the termination, including all project termination expenses, collection fees and legal expenses. Consultant shall prepare a progress report, including information as to all the services performed by Consultant and the status of the services as of the date of the termination, and provide information and documents developed under the terms of this Agreement to the Client upon receipt of final payment. In the event of termination by the Client caused by failure by Consultant to perform in accordance with the terms of this Agreement, Consultant shall prepare a progress report, including information as to all the services performed by Consultant and the status of the services as of the date of the termination and provide information and documents developed under the terms of this Agreement to the Client. Upon receipt of all other information and documents, Client shall pay Consultant for services performed prior to the effective date of the termination. 3.3.2 Termination without Cause Either party may, at its sole discretion, terminate this Agreement without cause at any time. In the event of such termination, the terminating party will promptly notify and confirm the termination in writing to the other party. The termination will be effective seven (7) days after delivery of written notice thereof. Upon termination, Consultant shall prepare a progress report, including information as to all the services performed by Consultant and the status of the services as of the date of the termination, and provide information and documents developed under the terms of this Agreement to the Client upon receipt of final payment. 3.4 Payment for Work Upon Abandonment or Agreement Termination If Client abandons requested work or terminates this Agreement, Consultant shall be paid on the basis of work completed to the date of abandonment or effective date of termination. Consultant shall perform no activities other than reasonable wrap-up activities after receipt of notice of abandonment or termination. Payment for the work shall be as established under Section II. SECTION 4 - General Considerations 4.1 Assignment and Responsibility for Personnel 4.1.1 The assignment of personnel and all phases of the undertaking of the services which Consultant shall provide hereunder shall be subject to the oversight and general guidance of Client. 4.1.2 While upon the premises of Client or property under its control, all employees, agents, and subconsultants of Consultant shall be subject to Client's rules and regulations respecting its property and the conduct of its employees thereon. 4.1.3 However, it is understood and agreed that in the performance of the work and obligations hereunder, Consultant shall be and remain an independent Consultant and that the employees, agents or subconsultants of Consultant shall not be considered employees of or subject to the direction and control of Client. Consultant shall be responsible for the supervision and performance of all subconsultants which are to perform hereunder. 4.2 Insurance 4.2.1 Consultant shall furnish Client a certificate of insurance upon request showing amounts and types of insurance carried by Consultant, which certificate shall contain a commitment by the Insurance Company that during the time any work is being performed by Consultant under this Agreement it will give Client notice of cancellation or non-renewal of the insurance coverage shown on such certificates in accordance with policy provisions. 4.2.2 Any construction contracts relative to Consultant’s Services shall require that the Client and Consultant be included as additional insureds on the contractor’s and contractor’s subcontractors’ commercial general liability and commercial automobile liability insurance policies and that the coverage afforded Client and Consultant is primary to any insurance maintained by Client or Consultant and that Client and Consultant’s insurance is non-contributory with any coverage afforded by contractor and subcontractors. Client will also require contractor and all subcontractors to purchase and maintain workers’ compensation and employer’s liability insurance. Grand Island Council Session - 11/10/2020 Page 314 / 330 Std Client Consulting Agrmnt November 2019 Consultant will name the Client as additional insured on Consultant’s commercial general liability insurance. 4.3 Successors and Assigns 4.3.1 Client and Consultant each binds itself and its partners, successors, executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. 4.3.2 Neither Consultant nor Client shall assign 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 party, except as stated in paragraph 4.3.1 and except to the extent that 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 Consultant from employing such independent consultants, associates, and subconsultants as it may deem appropriate to assist in the performance of services hereunder. 4.3.3 Nothing herein shall be construed to give any rights or benefits hereunder to any one other than Client and Consultant except as otherwise provided herein. 4.4 Compliance with Law 4.4.1 Consultant shall exercise the professional standard of care to comply with, and cause its subconsultants to comply with, applicable Federal, state, and local laws, orders, rules, and regulations in effect at the time services are rendered, and relating to the performance of the services Consultant is to perform under this Agreement. If the Scope of Services requires Consultant to prepare an application for a permit, Consultant does not represent or warrant that said permit or approval will be issued by any governmental body. 4.4.2 Neither the Consultant nor the Consultant's agents or employees shall discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to hiring, tenure, terms, conditions, or privileges of employment, because of race, color, religion, sex, or national origin. 4.5 Ownership and Reuse of Documents 4.5.1 All drawings, specifications, test reports, and other materials and work products which have been prepared or furnished by Client prior to this Agreement shall remain Client's property. Consultant shall be permitted to rely on Client furnished documents and Client shall make available to Consultant copies of these materials as necessary for the Consultant to perform the services requested hereunder. 4.5.2 All drawings, specifications, test reports, and other materials and work products, including computer aided drawings, designs, and other data filed on electronic media which will be prepared or furnished by Consultant (and Consultant's independent professional associates and subconsultants) under this Agreement, are instruments of service in respect to the Project and Consultant shall retain an ownership and property interest therein whether or not the Project is completed. Client may make and retain copies for information and reference in connection with the use and the occupancy of the Project by Client and others; however, such documents are not intended or represented to be suitable for reuse by Client or others acting on behalf of Client on extensions of the Project or on any other project. Further, Consultant makes no warranty as to the compatibility of computer data files with computer software and software releases other than that used by Consultant in performing services herein, and to the condition or availability of the computer data after an acceptance period of thirty (30) days from delivery to Client. Any reuse without written verification or adaptation by Consultant for the specific purpose intended will be at Client's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional associates or subconsultants, and Client shall indemnify and hold harmless Consultant and Consultant's independent professional associates and subconsultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Consultant to further compensation at rates to be agreed upon by Client and Consultant. 4.6 Consultant's Personnel at Project Site 4.6.1 The presence or duties of the Consultant personnel at a Project site, whether as onsite representatives or otherwise, do not make the Consultant or its personnel in any way responsible for those duties that belong to the Client and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the project documents and any health or safety precautions required by such construction work. The Consultant and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor or other entity or any other persons at the site except Consultant's own personnel. 4.6.2 To the extent Consultant’s Scope of Work includes construction observation, the Consultant shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. Consultant neither guarantees the performance of the contractor(s) nor assumes responsibility for contractor(s)' failure to perform their work in accordance with the project documents. Grand Island Council Session - 11/10/2020 Page 315 / 330 Std Client Consulting Agrmnt November 2019 4.7 Opinions of Cost, Financial Considerations, and Schedules In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the Project, the Consultant 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. Consultant's opinions of probable Total Project Costs and Construction Costs provided for herein as appropriate are made on the basis of Consultant's experience and qualifications and represent Consultant's judgments as an experienced and qualified professional consultant familiar with the construction industry. Consultant makes no warranty that the Client's actual Total Project or Construction Costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant's opinions, analyses, projections, or estimates. If Client wishes greater assurance as to any element of the Total Project or Construction cost, feasibility, or schedule, Client will employ an independent cost estimator, contractor, or other appropriate advisor. 4.8 Discovery of Unanticipated Pollutant and Hazardous Substance Risks 4.8.1 If Consultant, while performing the services, discovers pollutants and/or hazardous substances that pose unanticipated risks, it is hereby agreed that the scope of services, schedule, and the estimated cost of Consultant's services will be reconsidered and that this Agreement shall immediately become subject to renegotiation or termination. 4.8.2 In the event that the Agreement is terminated because of the discovery of pollutants and/or hazardous substances posing unanticipated risks, it is agreed that Consultant shall be paid for its total charges for labor performed and reimbursable charges incurred to the date of termination of this Agreement, including, if necessary, any additional labor or reimbursable charges incurred in demobilizing. 4.8.3 Client also agrees that the discovery of unanticipated pollutants and/or hazardous substances may make it necessary for Consultant to take immediate measures to protect health and safety. Consultant agrees to notify Client as soon as practically possible should unanticipated pollutants and/or hazardous substances be suspected or encountered. Client authorizes Consultant to take measures that in Consultant's sole judgment are justified to preserve and protect the health and safety of Consultant's personnel and the public. Client agrees to compensate Consultant for the additional cost of taking such additional precautionary measures to protect employees' and the public's health and safety. This section is not intended to impose upon Consultant any duties or obligations other than those imposed by law. SECTION 5 - Professional Responsibility 5.1 Performance of Services Consultant shall perform its services consistent with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances (hereinafter the “Standard of Care”). Consultant expressly disclaims all express or implied warranties and guarantees with respect to the performance of professional services, and it is agreed that the quality of such services shall be judged solely as to whether the services were performed consistent with the Standard of Care. Consultant owes Client only that level of performance defined in this Section 5.1, and nothing herein shall be construed as creating a fiduciary relationship. If at any time prior to construction Client believes Consultant’s services are deficient due to not meeting the Standard of Care, Client must immediately inform Consultant in writing and shall afford Consultant the opportunity to correct such deficiency. If, upon review by Consultant it is determined there is a deficiency that fails to meet the standard of care and it is attributable to Consultant, the deficiency shall be corrected at no additional cost to Client. 5.2 Limitation of Liability Client and Consultant agree to allocate certain of the risks so that, to the fullest extent permitted by law, Consultant's total liability to Client is limited to the amount paid under the contract or $50,000 whichever is greater, this being the Client's sole and exclusive remedy for any and all injuries, damages, claims, losses, expenses, or claim expenses (including attorney's fees) arising out of this Agreement from any cause or causes. Such causes include, but are not limited to, Consultant's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. 5.3 No Special or Consequential Damages Client and Consultant agree that to the fullest extent permitted by law neither party shall be liable to the other for any special, indirect, or consequential damages whatsoever, whether caused by either party's negligence, errors, omissions, strict liability, breach of contract, breach of warranty, or other cause or causes. 5.4 Indemnification To the fullest extent permitted by law, Client and Consultant mutually agree to indemnify and hold each other harmless from and against any and all claims, damages, losses and expenses, defense costs including reasonable attorneys' fees, and court or arbitration costs and other liabilities arising from their own negligent acts, errors or omissions in performance of their services under this Agreement, but only to the extent caused that each party is responsible for such damages, liabilities and costs on a comparative basis of fault. 5.5 No Third Party Beneficiaries Client and Consultant expressly agree that this Agreement does not confer upon any third party any rights as beneficiary to this Agreement. Consultant accepts no responsibility for damages, if any, suffered by any third party as the result of a third party's use of the work product, including reliance, decisions, or any other action taken based upon it. Client agrees that Consultant's services and work products are for the exclusive present use of Client. Client agrees Grand Island Council Session - 11/10/2020 Page 316 / 330 Std Client Consulting Agrmnt November 2019 that Consultant's compliance with any request by Client to address or otherwise release any portion of the work product to a third party shall not modify, rescind, waive, or otherwise alter provisions of this Agreement nor does it create or confer any third party beneficiary rights on any third party. SECTION 6 - Miscellaneous Provisions 6.1 Notices Any notice to either party herein shall be in writing and shall be served either personally or by registered or certified mail addressed to the signing party shown on the signature page. 6.2 Joint Preparation For purposes of contract interpretation and for the purpose of resolving any ambiguity in this Agreement, the parties agree that this Agreement was prepared jointly by them and/or their respective attorneys. 6.3 Headings Headings used in this Agreement are for the convenience of reference only and shall not affect the construction of this Agreement 6.4 Severability If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6.5 Dispute Resolution If negotiation in good faith fails to resolve a dispute within thirty (30) days of written notice of the dispute by either party, then the parties agree that, with the exception of claims that are subject to the applicable venue’s small claims court jurisdiction, each dispute, claim or controversy arising from or related to this Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of ninety (90) days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties and shall be held in a location mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. During the pendency of any dispute, the parties shall continue diligently to fulfill their respective obligations hereunder. Any dispute not resolved through mediation shall be subject to litigation in a court of competent jurisdiction in the state in which the project is located. 6.6 Equal Opportunity Consultant will, in the performance of this Agreement, comply with federal, state, and local laws, and all regulations and orders issued under any applicable law related to equal employment opportunity, non- discrimination, or employment generally. Consultant certifies that it will not knowingly employ or contract with a non-legal resident of the United States to perform work under this Agreement, and verifies or attempts to verify employee eligibility of its employees through participation in the U.S. Department of Homeland Security and Social Security Administration’s E-Verify system. 6.7 Governing Law This Agreement is to be governed by the laws of the jurisdiction in which the project is located. For locations outside of the United States, this Agreement shall be governed by the laws of the State of Illinois. 6.8 Entire Agreement This Agreement, along with those documents specified, attached, or hereby cited together, and serially numbered Work Authorizations if used, constitute the entire Agreement between the parties hereto and no changes, modifications, extensions, terminations, or waivers of this Agreement, or other documents, or any of the provisions herein, or therein contained, shall be valid unless made in writing and signed by duly authorized representatives of both parties. Grand Island Council Session - 11/10/2020 Page 317 / 330 Std Client Consulting Agrmnt November 2019 SUPPLEMENTAL CONDITIONS FOR SURVEY, ENVIRONMENTAL OR GEOTECHNICAL SERVICES Supplemental Condition is incorporated herein when the applicable box is checked. S.1 Location of Underground Utilities It shall be the Client's responsibility to locate and physically mark all underground utilities and structures which lie within the work area prior to the start of subsurface investigations. If the Client elects not to assume this responsibility, Client shall notify Consultant and shall compensate Consultant for all costs associated with locating and physically marking said underground utilities and structures over and above the estimated project fee. Client shall indemnify and hold Consultant harmless from any damages and delays resulting from unmarked or improperly marked underground utilities and structures. For reasons of safety, Consultant will not begin work until this has been accomplished. S.2 Subsurface Investigations In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics might vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect Project cost and/or execution. These conditions and cost/execution effects are not the responsibility of the Consultant. S.3 Disposition of Samples and Equipment S.3.1 Disposition of Samples No samples and/or materials will be kept by Consultant longer than thirty (30) days after submission of the final report unless agreed otherwise. S.3.2 Hazardous or Potentially Hazardous Samples and Materials In the event that samples and/or materials contain or are suspected to contain substances or constituents hazardous or detrimental to health, safety, or the environment as defined by federal, state, or local statutes, regulations, or ordinances, Consultant will, after completion of testing, return such samples and materials to Client, or have the samples and materials disposed of in accordance with Client’s directions and all applicable laws. Client agrees to pay all costs associated with the storage, transportation, and disposal of samples and materials. Client recognizes and agrees that Consultant at no time assumes title to said samples and materials, and shall have no responsibility as a handler, generator, operator, transporter, or disposer of said samples and materials. S.3.3 Contaminated Equipment All laboratory and field equipment contaminated in Consultant's performance of services will be cleaned at Client's expense. Contaminated consumables will be disposed of and replaced at Client's expense. Equipment (including tools) which cannot be reasonably decontaminated shall become the property and responsibility of Client. At Client's expense, such equipment shall be delivered to Client, or disposed of in the same manner specified in S.3.2 above. Client agrees to pay Consultant the fair market value of any such equipment which cannot reasonably be decontaminated and is delivered to Client pursuant to this Agreement. Grand Island Council Session - 11/10/2020 Page 318 / 330 ATTACHMENT A Page 1 of 6 ATTACHMENT A Scope of Services JBS Connector Trail TASK 1. Design a. Project Management Benesch Project Manager will serve as point of contact, maintain project schedule and budget, and be responsible for coordinating work. The PM will work closely with the Public Works Parks and Recreation Department to streamline the trail project delivery. b. Topographic Survey Benesch will complete a legal ownership research for the adjacent landowners along the proposed trail routes. Benesch will then perform the necessary topographic ground survey to confirm horizontal and vertical control, confirmation of section and property corners and general topographic survey within the ROW and easement areas along the proposed trail alignment. A topographic survey will be performed using the latest GPS technology. Natural topographic features and man-made features will be recorded by coordinates to the nearest one-tenth (0.1) of a foot. All such topographic features, which are pertinent to the design or are necessary to properly show the effect of the proposed work upon the adjoining property and/or improvements, will be recorded. Benesch shall provide a list of horizontal control points with coordinates, descriptions, station and offset. Horizontal control will be referenced to the Hall County LTE using known land survey monuments provided by the City of Grand Island. Vertical control will be completed by differential level circuit referenced to NAVD 88. Ties to control used for City of Grand Island projects in the area can be done for “design-fit” confirmation. Benesch will survey section corners in order to assemble the geometry to create the right-of-way drawings and confirm any locations already established by the City of Grand Island. Utilities will be drawn from surveying above ground features, including markings by utility companies resulting from the locate request. Information supplied by utility companies will be used to complete the placement of existing utilities on the plans. Locations from utility plans will be transferred into the topographic survey. Where available, above-ground features will be used to improve accuracy. Benesch will add a disclaimer to the drawings with respect to the undetermined location of underground utilities. Benesch will add additional information to the established base map from the City of Grand Island using any new topographic survey data. c. Conceptual Design Benesch will begin by utilizing the property ownership researched in the topographic survey to assist in the route selection. Benesch will utilize existing GIS data to do conceptual designs of the trail and lighting. Benesch will provide conceptual designs for alternative analysis to provide a mechanism to select the alternative with the best performance, most acceptance and reasonable cost. One preferred route will be moved forward for final design. d. Geotechnical Evaluation It is expected up to four (4) soil test borings will be taken with the project at locations within the proposed trail alignment area. The fee associated with these borings assumes the project site is easily accessible for truck-mounted drilling equipment and rights of access can be obtained from adjacent owners. If traffic control is required, it would be provided by the City. These test borings will be in accordance with schedules located in the most recent NDOT Geotechnical Policy and Procedures Manual. Grand Island Council Session - 11/10/2020 Page 319 / 330 ATTACHMENT A Page 2 of 6 The borings will be located along the trail alignment where cut of fill is expected for construction of the trail. Each boring will be drilled to a maximum depth of 10 feet below the existing ground surface. Shelby tube samples will be taken beneath the existing topsoil and Standard Penetration tests will be performed at 5-foot increments to the base of each boring. Laboratory testing will be performed to assist with classification and consistency of subgrade materials. Benesch shall prepare geotechnical recommendations for the primary purpose of developing geotechnical design criteria for use in designing the subgrade preparation and determination of the pavement section for the project. Benesch shall prepare and submit an electronic copy of the geotechnical report to the City Project Manager for review. e. Preliminary Design (50%+) Benesch will design the trail and lighting. Benesch shall prepare project base files and plan sheets following the standard layout appearance of City of Grand Island documents. Design is assumed to be at least 50% complete that gives the City a reliable cost assurance of the scope of the project. Plan sheets to be included in the Preliminary submittal include the following: · Title Sheet · Existing Topographic Conditions · Preliminary Trail Plan and Profiles · Details · Preliminary Lighting Plan · Preliminary Right-of-Way f. Cost Estimates Benesch shall prepare an updated total project cost estimate. This shall include Preliminary Engineering, ROW acquisition, Construction, and Construction Engineering on the appropriate forms. Cost Estimates will be provided at the conceptual, 50% design and 90-100% design. g. Row and Public Involvement Benesch will participate in ROW and public involvement meetings. Benesch will work closely with the City staff to provide project and easement information to the affected property owners. Benesch to utilize the City’s Project Manager to assist with property owner communications. h. Final Design Benesch will finalize the plan/profile construction plans and specifications. Benesch shall prepare project base files and plan sheets following the standard layout appearance of City of Grand Island documents. Design and a reliable cost estimate of overall construction costs for this project. Benesch will develop a storm water pollution prevention plan and a Notice of Intent to discharge storm water from a construction site for submittal to the Nebraska Department of environmental Quality. Benesch will provide the easement exhibits and collaborate with City staff to obtain the remaining paperwork and signatures needed. Plan sheets to be included in the final submittal include the following: · Title Sheet · Existing Topographic Conditions · Proposed Trail Plan and Profiles · Details · Lighting Plan · Right-of-Way/Easements · SWPPP Grand Island Council Session - 11/10/2020 Page 320 / 330 ATTACHMENT A Page 3 of 6 i. Bidding Phase Benesch will participate in the bidding phase. Benesch will provide project information and reply to contractor questions and provide addendum(s) if necessary. Task 1 services would start upon NTP and is assumed to be Nov 2020. Completion of Task 1 is estimated at approximately March of 2021. TASK 2. Construction Phase Services General Construction Project Management, Staking, Inspection, Material Testing and Closeout Services a. Project Management Tasks i. Project Files · Set up, utilize and maintain appropriate project files related to the project with an electronic file system. Included in the files will be all project correspondence, change orders, meeting minutes, contracts, plans and specifications, traffic control plans (if applicable), RFls, material certifications, test reports, inspector's Daily Reports and project schedule. ii. Shop Drawing Submittal Review · Responsible for logging in, reviewing, commenting and approving Contractor submitted Shop Drawings related to the project. iii. Schedule and conduct a pre-construction meeting. iv. Contractor Payments · Unless otherwise scheduled by the City’s Project Manager or Contractor, monitor by infrequent site visits that the work associated with a payment request by the Contractor is accurate and complete. The generation of progress payments to the Contractor will be completed by the Contractor for approval by Benesch. v. Construction Contract Change Orders and Work Change Directives · Prepare Contract Change Orders (modifications) and Work Change Directives associated with the project for the City Project Manager’s approval. vi. Correspondence · Provide the following correspondence for the City's records: o Weekly project-based construction testing results and status reports of construction progress by Monday morning the following week. o Contractor progress estimates. o Change Orders (Contract Modifications). b. Construction Staking Tasks i. Stake limits of construction throughout project where deemed necessary to delineate restrictions on contractor operations. ii. Mark removals including pavement removal limits. Stake right-of-way and construction easements where deemed necessary to delineate restrictions on contractor operations. iii. Provide slope stakes for grading and paving. iv. Provide staking for electrical and lighting. Other services mutually agreeable to all parties may be added upon request. Any damage to stakes by the contractor will be charged directly to the contractor. c. Project Inspection & Observation Tasks Benesch or their sub-consultant will observe and verify construction compliance with contract documents for critical items such as embankment, bedding, backfill, subgrade prep and paving with visual inspection and/or material testing before the work is “covered up”. Limited observation will be provided during non-critical activities such as excavation, removals, Grand Island Council Session - 11/10/2020 Page 321 / 330 ATTACHMENT A Page 4 of 6 reinforcing steel placement, forming, etc. This list is not inclusive of all tasks or inspections that will be completed by Benesch or their sub-consultant. Benesch will work closely with the City to adjust inspection hours as necessary to accommodate the Contractor’s schedule and progress. i. Document pre-construction conditions of the project site with photos for comparison and any dispute resolution during and/or after construction. ii. Document all inspections in the field by photos, measurements, computations and/or observations as logged within the Inspector's Daily Reports (IDRs). iii. Prepare and keep detailed notes, records of quantities of pay items used in the work, test results, certifications, or basis of acceptance of these materials, and a record of the contractor's operations. iv. Coordinate with the Contractor to discuss work performed when not on-site for proper documentation and inclusion in the IDRs. v. Provide random/periodic review compliance of traffic control maintenance throughout the duration of the project, if necessary. Specifically, at the beginning, phase changes, storm events and end of the project. Benesch will report any known deficiencies but is not responsible for part/full time inspection unless approved by written request of the City Project Manager. vi. Verify that materials sources incorporated into the project are on the latest version of the City and/or NDOT Approved Products List. vii. Participate in Contractor led progress meetings every two weeks using agreed on agenda format. viii. Consult with the City Project Manager regarding project changes, utility conflicts, change authorizations and change orders. ix. Observe plan profiles are constructed accurately and conduct consultation with City Project Manager regarding deviations. x. Observe any manholes needing raised to grade per standard City details. xi. Randomly observe pavement sawing and removals throughout construction. xii. Observe backfilling of trenches, manholes, pipes, culverts and appurtenances and concrete placement. xiii. Observe concrete placement, erosion control installation and seeding placement. Inform and verify field modifications with the City's Project Manager prior to authorization of work. d. Material Testing Tasks Benesch or their sub-consultant will provide, perform, or otherwise coordinate material sampling and testing services in accordance with the City of Grand Island standard procedures. The following list identifies the testing assumed to be required along with the frequency expected and included in this scope of work. Additional testing may be provided in addition to or in place of those tests listed below. Benesch will notify and gain prior approval from the City if additional testing is required that may exceed the fee identified for these services. i. Grading Operations – Excavation and embankment construction will be tested to verify compliance with compaction requirements for each lift of material. a. Assumes Testing Frequency of 1-Test/12-inch lift/10,000 square foot. b. Assumes10 tests for the length of the project. c. This material testing is completed by the hour by a field engineer/technician. ii. Subgrade Operations – Subgrade construction will be tested to verify compliance with compaction requirements prior to paving. a. Assumes Testing Frequency of 1-Test/300 feet/10-foot trail b. Assumes 20 tests for the project. c. This material testing is completed by the hour by a field engineer/technician. iii. Concrete Sampling - This will include taking concrete truck tickets, completing concrete air tests, fabricating concrete cylinders, delivery of concrete cylinders to the laboratory and compression testing. Grand Island Council Session - 11/10/2020 Page 322 / 330 ATTACHMENT A Page 5 of 6 a. Assumes Testing Frequency of 1-Test/300 lf or 1-Test/Pour/Day at 3- Cylinders/Test.(10 sets of 3 for paving) b. Assumes concrete tests on the project at 30 Cylinders. c. This material testing is completed by a per cylinder test method by a field engineer/technician. e. Project Closeout Tasks Upon notice of completion by the Contractor, Benesch will field measure and prepare final summaries for all applicable items of work. The City's Project Manager will review the project records prior to the submission of a final pay estimate for the project. Benesch will also prepare and submit the Final Pay Estimate and records associated with the project. The final records will be printed and submitted as an electronic version of all the project records. Tasks to be completed during the project closeout include: i. Document "punch list" items and follow-up on resolution of nonconforming work prior to authorizing final payment. ii. Prepare necessary correspondence to the Contractor related to punch list and project completion. iii. Conduct project walk through with the City and the Contractor to determine and document substantial completion. iv. Benesch will prepare the record drawings and will coordinate with the Construction Contractor for additional information or clarifications needed to complete the documents. These documents will have handwritten changes and clarifications in red pen. These documents will not be signed and sealed by an Engineer. An electronic AutoCAD base file will be provided with the plan submittal. v. Provide timely project closeout documentation upon final acceptance of the project. vi. Deliverables · Meeting minutes. · Inspector Daily Reports (IDR). · Project photo log. · Project material testing results. · Pressure testing and bacteriological testing records provided by the City and Contractor. · Documentation of punch list items and resolution with associated correspondence. · Declaration of substantial and final completion. · Record drawings. · Record AutoCAD base files. · An electronic submittal that includes all project documentation listed in this section of all project files. vii. Complete a project debriefing with City. f. Excluded Services i. Additional Design services. ii. Daily Inspection and Enforcement of traffic control plans and maintenance. iii. Utility coordination for the Contractor. iv. Undertaking any of the responsibilities of the Contractor. v. Giving direction to the Contractor by dictating means, methods, techniques, sequence or procedures of construction. SCHEDULE Benesch shall provide the services stated above in accordance with a schedule set forth below: Benesch will complete construction management and inspection services as listed in subsection one (1) above. The inspection duration for this contract shall be based on 40 Working Days, 8 Grand Island Council Session - 11/10/2020 Page 323 / 330 ATTACHMENT A Page 6 of 6 Weeks and Assumes Monday thru Friday Construction Days at 8 Hours/Day including field inspection, testing, bookwork/reports and travel per the City of Grand Island Contract with the Construction Contractor. Project close-out documents shall be completed within sixty (60) calendar days of final acceptance of the project by all parties. Grand Island Council Session - 11/10/2020 Page 324 / 330 Fee Estimate Engineering Design Services JBS Connector Trail - Grand Island, NE Attachment A Description Estimated Unit Quantity Price Amount Design a. Project Management Senior Project Manager 24 hr.177.00$ /hr.4,248.00$ Progress Meetings 4 hr.177.00$ hr 708.00$ b. Topographic Survey Senior Project Manager 4 hr 177.00$ hr 708.00$ Registered Land Surveyor (RLS)16 hr 131.00$ hr 2,096.00$ Party Chief 24 hr 115.00$ hr 2,760.00$ Designer 1 24 hr 98.00$ hr 2,352.00$ Vehicle and field expenses 500.00$ c. Conceptual Design Senior Project Manager 4 hr.117.00$ hr 468.00$ Project Engineer I 8 hr 115.00$ hr 920.00$ Traffic Engineer 2 hr 177.00$ hr.354.00$ ITE LIghting Sub Consultant 1,000.00$ d. Geotechnical Evaluation Data Research (Project Scientist II) 10 hr. 82.00$ ea. 820.00$ Design Recommendations/Report (Design Engineer II) 24 hr. 108.00$ ea. 2,592.00$ Drilling, Testing, Expenses O'Malley Sub consultant 1,100.00$ Vehicle and field & lab expenses 500.00$ e. Preliminary Design (50% +) Senior Project Manager 8 hr.177.00$ /hr.1,416.00$ Project Engineer I 40 hr.115.00$ /hr.4,600.00$ Designer I 8 hr.98.00$ hr 784.00$ ITE LIghting Sub Consultant 1,500.00$ f. Cost Estimates Senior Project Manager 2 hr.177.00$ /hr.354.00$ Project Engineer I1 4 hr.115.00$ /hr.460.00$ Designer I 4 hr.98.00$ hr 392.00$ g. ROW and Public Involvement Senior Project Manager 8 hr.177.00$ /hr.1,416.00$ Senio Surveyor (RLS)8 hr.131.00$ /hr.1,048.00$ Designer I 8 hr.98.00$ hr 784.00$ h. Final Design Senior Project Manager 4 hr.177.00$ /hr.708.00$ Project Engineer I 40 hr.115.00$ /hr.4,600.00$ Designer 1 40 hr.98.00$ hr 3,920.00$ ITE LIghting Sub Consultant 5,000.00$ i. Bidding Phase Senior Project Manager 8 hr.177.00$ /hr.1,416.00$ Project Engineer 1 4 hr.115.00$ hr 460.00$ Preliminary Design Services Not to Exceed :330 hrs 49,984$ Grand Island Council Session - 11/10/2020 Page 325 / 330 Fee Estimate Construction Phase Services JBS Connector Trail- Grand Island, NE Attachment A Task Description Estimated Unit No.Quantity Price Amount 2 Construction Phase Services a. Project Management Senior Project Manager 30.0 hr.177.00$ /hr.5,310.00$ Sr. Field/Lab Technician 4.0 hr.91.00$ /hr.364.00$ Progress Meetings (Assuming 4)4.0 hr.177.00$ hr 708.00$ b. Construction Staking Party Chief 30.0 hr 89.00$ hr 2,670.00$ Vehicle 3 dy 65.00$ dy 195.00$ c. Project Inspection & Observation Field Inspection (40 days)320.0 hr.98.00$ hr 31,360.00$ Vehicle 40 dy 65.00$ dy 2,600.00$ d. Materials Laboratory Testing Soil Density and Moisture Content Determination 2.0 tst. 91.00$ hr 182.00$ Standard Proctor Tes 4.0 tst. 91.00$ hr 364.00$ Compaction Test (20 locations)20.0 hr.91.00$ hr 1,820.00$ Concrete Testing Field Time 10.0 hr.91.00$ ea.910.00$ Concrete Compression Test (includes cylinder)30.0 cyl 28.00$ ea.840.00$ e. Project Closeout Senior Project Manager 2.0 hr.177.00$ /hr.354.00$ Project Engineer 1 4.0 hr.115.00$ /hr.460.00$ Field Inspector 8.0 hr.91.00$ hr 728.00$ Construction Services Not to Exceed :48,865$ 438 Grand Island Council Session - 11/10/2020 Page 326 / 330 CLASSIFICATION BILLABLE RATE Project Manager I $142.00 Project Manager II $163.00 Senior Project Manager $177.00 Project Principal $230.00 Project Engineer I $115.00 Project Engineer II $126.00 Senior Project Engineer $149.00 Construction Representative I $75.00 Construction Representative II $91.00 Construction Representative III $112.00 Inspector I $67.00 Inspector II $75.00 Inspector III $82.00 Designer I $98.00 Designer II $108.00 Technologist I $63.00 Technologist II $75.00 Senior Technologist $112.00 Technical Specialist I $91.00 Technical Specialist II $112.00 Senior Technical Specialist $126.00 Intern $61.00 Field/Lab Technician I $55.00 Field/Lab Technician II $63.00 Field/Lab Technician III $75.00 Senior Field/Lab Technician $91.00 Instrument Operator $61.00 Party Chief $89.00 Surveyor (RLS)$97.00 Senior Surveyor (RLS)$131.00 Scientist I $63.00 Scientist II $75.00 2020 EMPLOYMENT CLASSIFICATION AND RATE SCHEDULE Schedule 1 GP Rates are good until December 31, 2020 Page 1 of 2 Grand Island Council Session - 11/10/2020 Page 327 / 330 Project Scientist I (Environmental)$91.00 Project Scientist II (Environmental)$112.00 Project Scientist III (Environmental)$119.00 Senior Project Scientist $133.00 Project Scientist I (Geotechnical)$75.00 Project Scientist II (Geotechnical)$82.00 Marketing Assistant $55.00 Marketing Coordinator $75.00 Marketing Manager $112.00 Office Assistant $55.00 Project Assistant I $55.00 Project Assistant II $65.00 Division Administrative Assistant I $55.00 Division Administrative Assistant II $63.00 Schedule 1 GP Rates are good until December 31, 2020 Page 2 of 2 Grand Island Council Session - 11/10/2020 Page 328 / 330 Approved as to Form ¤ ___________ November 6, 2020 ¤ City Attorney R E S O L U T I O N 2020-293 WHEREAS, the City of Grand Island issued a Request for Qualifications (RFQ) for JBS Trail Expansion; and WHEREAS, four (4) request for qualifications were received; and WHEREAS, Alfred Benesch & Company from Grand Island, Nebraska, submitted a proposal for such project in accordance with the Request for Qualifications; and WHEREAS, a contract amount of $98,849.00 has been negotiated for design services, preparing construction documents and provide construction management; and WHEREAS, such project will be funded through the JBS Parks Donation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Alfred Benesch & Company from Grand Island, Nebraska for JBS Trail Expansion is hereby approved at a cost of $98,849.00.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/10/2020 Page 329 / 330 City of Grand Island Tuesday, November 10, 2020 Council Session Item J-1 Approving Payment of Claims for the Period of October 28, 2020 through November 10, 2020 The Claims for the period of October 28, 2020 through November 10, 2020 for a total amount of $4,723,358.12. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 11/10/2020 Page 330 / 330