06-14-2022 City Council Regular Meeting Packet
City of Grand Island
Tuesday, June 14, 2022
Council Session Agenda
City Council:
Jason Conley
Michelle Fitzke
Bethany Guzinski
Chuck Haase
Maggie Mendoza
Vaughn Minton
Mitchell Nickerson
Mike Paulick
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
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City of Grand Island Tuesday, June 14, 2022
Call to Order
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open
Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room
as required by state law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
Invocation - Pastor Josh Sikes, Third City Christian Church, 4100 West 13th
Street
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
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City of Grand Island
Tuesday, June 14, 2022
Council Session
Item E-1
Public Hearing on Request from Henry J’s, LLC, dba Henry
J’s,118 West 2nd Street, Suite 4A for a Class “C” Liquor License
Council action will take place under Consent Agenda item G-5.
Staff Contact: RaNae Edwards
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Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 14, 2022
Subject:Public Hearing on Request from Heny J’s LLC dba
Henry J’s, 118 West 2nd Street, Suite 4A for a Class "C"
Liquor License and Liquor Manager Designation for
Cathryn Sack, 3122 Brentwood Drive, Grand Island,
Nebraska
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Heny J’s LLC dba Henry J’s, 118 West 2nd Street, Suite 4A has submitted an application
for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of
alcohol and distilled spirits on and off sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments. See attached Police Department report.
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Also submitted was a request for Liquor Manager Designation for Cathryn Sack, 3122
Brentwood Drive, Grand Island, Nebraska. Staff recommends approval of the liquor
license contingent upon final inspections and liquor manager designation for Cathryn
Sack, 3122 Brentwood Drive, Grand Island, Nebraska contingent upon taking and
passing a state approved alcohol server/seller training course.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for Heny J’s LLC dba Henry J’s, 118 West 2nd Street,
Suite 4A for a Class "C" Liquor License contingent upon final inspections and Liquor
Manager designation for Cathryn Sack, 3122 Brentwood Drive, Grand Island, Nebraska
contingent upon taking and passing a state approved alcohol server/seller training course.
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Liquor License Application:Class “C”: Henry J’s
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City of Grand Island
Tuesday, June 14, 2022
Council Session
Item E-2
Public Hearing on Zoning Change of all Copper Creek Estates 21st
Sub. along with Lots 21, 23, 24, and 25 of Copper Creek 17th Sub.
all generally located East of Kenneth Dr. and South of Indian
Grass Rd from R2 Low Density Res. to R3-SL Medium Density
Res. Small Lot. (Guarantee Group LLC)
Council action will take place under Ordinances item F-1.
Staff Contact: Chad Nabity
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Council Agenda Memo
From: Regional Planning Commission
Meeting: June 14, 2022
Subject: Change of Zoning from R2 Low Density Residential
Zone to R3-SL Medium Density Small Lot Residential
Zone
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
The Guarantee Group the owner and developer of Copper Creek located south of Old
Potash Highway and east of Engleman road is requesting that the zoning on property be
changed on a portion of this property from R2 Low Density Residential to R3-SL
Medium Density Small Lot Residential Zone. The request is to rezone four lots at the
intersection of Thomas and Buffalo Grass (Lot 21, 23, 24 and 25 of Copper Creek Estates
17th Subdivision) along with 20 lots platted as Copper Creek Estates 21st Subdivision
along Buffalo Grass extended to the south. The proposal is to build 24 units single
family detached housing ranging from 1350 sq. ft. to 1600 sq. ft. on these lots. The
proposed rezoning will allow more flexibility in setbacks and size of structures. This
rezoning only impacts property with platted lots.
Discussion
At the regular meeting of the Regional Planning Commission, held June 1, 2022 the
above item was considered following a public hearing.
3. Public Hearing – Proposed Rezoning – Grand Island – Proposed rezoning of a
Tract of land located including all of Copper Creek Estates 21st Subdivision and
Lots 21,23, 24 and 25 of Copper Creek Estates 17th Subdivision in the City of
Grand Island, Hall County, Nebraska generally located east of Kenneth Drive and
south of Indian Grass Road, from R2 – Low Density Residential Zone to R3-SL –
Medium Density Small Lot Residential Zone (C-25-22GI)
O’Neill opened the public hearing.
Nabity stated this application is a change from the original plan for this property.
The proposed changes only includes the area that is platted. The R3-SL zoning
district has less restrictive setbacks that will make it possible to change the
configuration of the house on the lot. None of platted lots in these subdivisions
have less than 6000 square feet. Nabity stated he received emails from people
stating they did not want townhouses. Nabity clarified that the proposal is not for
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townhouses but for single family detached home. The three letters (emails) were
distributed to all planning commissioners and should be considered part of the
record. Nicole Zulkosi the owner of the property immediately north of this
rezoning request submitted an email that was made part of the record of a
previous public hearing in April requesting that a larger area be considered for
rezoning has asked that her correspondence be included in opposition to this
request, she expressed opposition to the proposed changes.
The property is designated for low to medium density residential use and
consistent with the comprehensive plan. Nabity stated staff is recommending
approval.
Sean O’Connor, 1912 West Anna – Mr. O’Connor also provided a drawing of
Copper Creek 21st Subdivision and explained that the proposed changes would
provide bigger homes, bigger back yards and enough parking.
Mathew Schultz – 1201 Allen Drive #335 – Mr. Shultz was in attendance to
protest the proposed rezoning request. Mr. Shultz read a letter to the
commissioners and also provided a copy to the commissioners. Mr. Schultz also
stated he was not aware of the information presented by Mr. O’Connor. He
indicated that he thought that was a change from the Mr. O’Connor’s original
plan.
Ashley Shultz – 4232 Indian Grass Rd – Mrs. Schultz was in attendance to protest
the proposed rezoning request. Mrs. Schultz read a letter to the commissioners
and also provided a copy to the commissioners. Mrs. Shultz presented a petition
signed opposing the proposed rezoning. Mrs. Schultz stated she was not aware of
the information presented by Mr. O’Connor. She indicated that he thought that
was a change from the Mr. O’Connor’s original plan.
O’Neill closed the public hearing.
A motion was made by Ruge and second by Rainforth to approve rezoning of
Copper Creek Estates 21st Subdivision and Lots 21,23, 24 and 25 of Copper Creek
Estates 17th Subdivision from R2 – Low Density Residential Zone to R3-SL –
Medium Density Small Lot Residential Zone with the stipulation that Mr.
O’Connor not bring the subdivisions forward with revisions to reduce the lot sizes
and density. Nabity explained that there is nothing to prevent an application to do
that but that Planning Commission would not have to recommend approval if an
application were made. The qualifying statement was removed and the motion to
recommend approval without the condition was considered.
The motion was carried with seven members voting in favor (O’Neill, Ruge,
Olson, Rainforth, Rubio, Hendricksen, and Randone) and no members abstaining
or voting no.
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The memo sent to the planning commission with staff recommendation is
attached for review by Council along with all comments received from the public
including a petition of neighboring property owners opposed to the rezoning and
information presented by Mr. O’Connor at the Planning Commission meeting.
Mr. O’Connor has supplemented this information with the planned units on the 4
lots in the 17th subdivision.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the rezoning request as presented
2. Modify the rezoning request to meet the wishes of the Council
3. Postpone the issue
4. Deny the application
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the ordinance as presented.
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$900.00
The Guarantee Group, LLC 308-675-3600
PO BOX 5916 GRAND ISLAND NE 68802
Copper Creek Estates 21st Subdivision, Lots 1 - 20 & Copper Creek Estates 17th Subdivision, Lots 21, 23, 24 & 25
R2 R3-SL
The current zoning needs to be changed to R3-SL to allow us to provide additional workforce housing and lager rear yards for families.
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Agenda Item # 6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
May 25, 2022
SUBJECT: Zoning Change(C-26-22GI)
PROPOSAL: To rezone a tract of land consisting of all of Copper Creek 21st Subdivision and
Lots 21, 23, 24, and 25 of Copper Creek 17th Subdivision located in the North West Quarter,
Section 23, Township 11 North, Range 10 West of the 6th P.M., in the City Of Grand Island, Hall
County, Nebraskan from R2: Low Density Residential Zone to R3-SL: Medium Density-Small
Lot Residential Zone. This property is located east of Kenneth Drive and south Indian Grass
Road.
OVERVIEW:
Site Analysis
Current zoning designation: R2: Low Density Residential Zone
Permitted and conditional uses: Residential uses with a density of 1 unit per 6,000
square feet of property. Minimum lot size of 6,000
square feet. Churches, schools, parks are permitted in
this zoning district
Comprehensive Plan Designation: Designated for low to medium density residential uses.
Existing land uses: Vacant
Proposed Zoning Designation: R3-SL: Medium Density-Small Lot Residential Zone
Permitted and conditional uses: R3-SL: Residential uses with a density of 1 unit per
3,000 square feet of property. Minimum lot size of 3,000
square feet. Attached Single Family with a density of 1
unit per 2,100 square feet. Churches, schools, parks and
some limited non-profit operations and day care facilities
are also allowed as permitted or conditional uses in this
district.
Adjacent Properties Analysis
Current zoning designations: North and East: R2: Low Density Residential Zone
South: TA: Transitional Agricultural Zone
West: R3-SL: Medium Density Small Lot Residential
Zone
Intent of zoning district: R-2: To provide for residential neighborhoods at a
maximum density of seven dwelling units per acre with
supporting community facilities.
TA: for a transition from rural to urban uses, and is
generally located on the fringe of the urban area. This
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zoning district permits both farm and non-farm dwellings
at a maximum density of two dwelling units per acre. The
intent of the zoning district also would allow the raising of
livestock to a limit and within certain density
requirements.
R3-SL: To provide for residential uses at a maximum
density of fourteen to fifteen dwelling units per acre with
supporting community facilities. This zoning district is
sometimes used as a transitional zone between lower
density residential zones and higher density residential,
office, business, or manufacturing zones. Specifically
this zoned is intended to provide market flexibility
regarding lot size and housing configuration.
Permitted and conditional uses: R2: Residential uses with a density of 1 unit per 6,000
square feet of property. Minimum lot size of 6,000
square feet. Churches, schools, parks are permitted in
this zoning district
TA: farm and non-farm dwellings at a maximum density
of two dwelling units per acre, churches, schools, and
parks.
R3-SL: Residential uses with a density of 1 unit per
3,000 square feet of property. Minimum lot size of 3,000
square feet. Attached Single Family with a density of 1
unit per 2,100 square feet. Churches, schools, parks and
some limited non-profit operations and day care facilities
are also allowed as permitted or conditional uses in this
district.
Comprehensive Plan Designation: North, South, East: Designated for low to medium
density residential
West: Agricultural
Existing land uses: North: Single family detached residential
West: Single Family Residential detached and attached
South, and East: Vacant /Agricultural
EVALUATION:
Positive Implications:
Consistent with the City’s Comprehensive Land Use Plan: The property is designated for
low to medium density residential use.
Accessible to Existing Municipal Infrastructure: City water and sewer services have been
extended to serve the rezoning area.
Would allow housing on existing lots to better fit on the lot: The setbacks in the R3-SL
zoning district allow houses to be located slightly closer to the street resulting in slightly
larger back yards.
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Negative Implications:
None foreseen
Other Considerations:
This is a change from the original plan for this property. Changes occur over time with new
circumstances. The original plan for Cooper Creek was an entire subdivision of manufactured
homes. The second vision included 20 home styles with 3 roof patterns. The houses built in the
first several phases consisted of 4 or 5 styles with different roof styles. Market concerns and
pricing are a factor in development. The proposed changes would permit the same houses that
were built in the early phases along with a mix of smaller units or other types of units that can
result in a lower sales price than that of the original home styles. This would allow for houses
similar to those built on Thomas and Kenneth to the west and north to be constructed on this
property. The R3-SL zoning district has less restrictive setbacks that make it possible to change
the configuration of the house on the lot. None of the platted lots in this development have less
than 6000 square feet.
The plat for Copper Creek 21st Subdivision defining 20 lots along Buffalo Grass Street south of
Thomas Avenue was filed with the Hall County Register of Deeds on Monday May 23rd. This
rezoning only applies to existing platted lots.
Nicole Zulkoski the owner of property immediately north of this rezoning request submitted an
email that was made part of the record of a previous public hearing in April requesting that a
larger area be considered for rezoning has asked that her correspondence be included in
opposition to this request. The email is attached.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City Council
change the zoning on this site from R2: Low Density Residential Zone to R3-SL: Medium
Density-Small Lot Residential Zone.
___________________ Chad Nabity AICP, Planning Director
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1
Chad Nabity
From:Nicole Zulkoski <nicole_2007@msn.com>
Sent:Wednesday, April 6, 2022 1:50 PM
To:Chad Nabity
Subject:Proposed Rezoning
This message was sent from outside the company. Please do not click links or open attachments unless you recognize
the source of this email and know the content is safe. If you are unsure submit a helpdesk ticket at
https://helpdesk.grand-island.com
To whom it may concern,
I am emailing to make my concerns known for the proposed rezoning for the property generally located east of Kenneth
Drive and south of Indian Grass Road. Changing this land from a R2 Low Density Residential Zone to a R3-SL Medium
Density Zone will more than double the amount of traffic in the neighborhood. We have already seen an uptick in traffic
just from the current construction which has proved to be cumbersome due to workers flying through. This gives me
great concern for those young and old who enjoy going on walks and playing outside.
My next concern is the value of the current homes already in the neighborhood. My home specifically is located right
next to the proposed change and it will greatly decrease the value. We built on this lot knowing what the plans were in
the future for the land behind us and we would have chose elsewhere if it were zoned R3-SL.
My final concern is that these properties may become rental properties vs owned and lived in by the owners. These
properties may be less maintained from renters as opposed to owners and could become at minimum an eye sore, thus
showing possible impact on resale of single family homes nearby.
Thank you for your time and consideration.
Sincerely,
Nicole Zulkoski
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City of Grand Island
Tuesday, June 14, 2022
Council Session
Item F-1
#9882 - Consideration of Approving Zoning Change of all Copper
Creek Estates 21st Sub. along with Lots 21, 23, 24, and 25 of
Copper Creek 17th Sub. located East of Kenneth Dr. and South of
Indian Grass Rd from R2 Low Density Res. to R3-SL Medium
Density Res. Small Lot (Guarantee Group LLC)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/14/2022 Page 33 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
ORDINANCE NO. 9882
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of property including all of Copper
Creek Estates 21st Subdivision and Lots 21, 23, 24 and 25 of Copper Creek Estates 17th
Subdivision in the City of Grand Island, Hall County from R-2 Low Density Residential to R3-
SL Medium Density Small Lot Residential as more particularly described below; directing that
such zoning change and classification be shown on the Official Zoning Map of the City of Grand
Island; and providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on June 1, 2022, held a public
hearing on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on June 14, 2022, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from R-2 Low Density Residential to R3-SL Medium Density Small Lot Residential;
A TRACT OF LAND CONSISTING OF ALL OF COPPER CREEK ESTATES 21ST SUBDIVISION AND
LOTS 21, 23, 24 AND 25 OF COPPER CREEK ESTATES 17TH SUBDIVISION IN THE CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
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ORDINANCE NO. 9882 (Cont.)
- 2 -
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 14, 2022
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, June 14, 2022
Council Session
Item F-2
#9883 - Consideration of Correction to Ordinance No. 9879
Relative to Vacation of Public Utility Easement in Lot 2 of Pedcor
Subdivision- (City of Grand Island)
Staff Contact: Keith Kurz PE, Interim Public Works Director
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Council Agenda Memo
From:Keith Kurz PE, Interim Public Works Director
Meeting:June 14, 2022
Subject:Correction to Ordinance No. 9879 Relative to Vacation
of Public Utility Easement in Lot 2 of Pedcor
Subdivision- (City of Grand Island)
Presenter(s):Keith Kurz PE, Interim Public Works Director
Background
A utility easement within Pedcor Subdivision was filed with Hall County Register of
Deeds on February 28, 2003 as Document No. 200302371.
On May 10, 2022, via Ordinance No. 9879, City Council approved the vacation of such
easement.
Discussion
An error was discovered upon filing of Ordinance No. 9879 with Hall County Register of
Deeds. The referenced ordinance had a scrivener’s error and referred to the easement as a
drainage easement, rather than a utility easement. If adopted, the ordinance will correct
this error and allow for filing of the correction. The easement vacation area is depicted on
the attached sketch.
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 correction to Ordinance
No. 9879 relative to vacation of public utility easement in Lot 2 of Pedcor Subdivision-
(City of Grand Island).
Sample Motion
Move to approve the ordinance.
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Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9883
An ordinance to vacate existing utility easement and to provide for filing this
ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any
ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Vacating a portion of an existing easement in Lot 2, Pedcor as recorded in
Instrument No. 200302371, filed February 28, 2003 at the Hall County Register of Deeds, as
described as follows:
COMMENCING AT A SOUTHWEST CORNER OF LOT 2, PEDCOR SUBDIVISION AND
ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF JAMES ROAD; THENCE
AROUND A CURVE IN A CLOCKWISE DIRECTION, ALONG SAID EAST RIGHT-OF-
WAY LINE OF JAMES ROAD, HAVING A DELTA OF 4o14’17”, A RADIUS OF 270.64’ A
CHORD BEARING OF N01o31’57”E, AND A CHORD DISTANCE OF 20.01 FEET;
THENCE N89o21’17”E A DISATNCE OF 149.29 FEET TO A POINT 20 FEET WEST OF
THE EAST LINE OF SAID LOT 2, PEDCOR SUBDIVISION; THENCE S00o38’55”E,
PARALLEL AND 20 FEET WEST OF SAID EAST LINE OF LOT 2, A DISTANCE OF 20.00
FEET TO A POINT ON THE NORTH LINE OF EXISTING EASEMENT DOCUMENT NO.
93-105819, FILED JULY 1993; THENCE S89o21’17”W A DISTANCE OF 150.05 FEET TO
THE POINT OF BEGINNING. SAID VACATED EASEMENT CONTAINS A
CALCULATED AREA OF 2995.89 SQUARE FEET MORE OR LESS.
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ORDINANCE NO. 9883 (Cont.)
- 2 -
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 14, 2022
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 42 / 177
S00°38'55"E 20.00'(M)S89°21'17"W 150.05'(M)R=270.07'Δ=004°14'50"L=20.02'CB=N01°32'05"ECH=20.01'N89°21'17"E 149.29'(M)2021-05281PROJECT NO:DRAWN BY:2022-04-04DATE:CWMEXHIBIT EASEMENT VACATE1TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801VACATING A PORTION OF AN EXISTING EASEMENT IN LOT2, PEDCOR SUBDIVISION AS RECORDED IN INSTRUMENTNUMBER 200302371, FILED FEBRUARY 28, 2003 AT THEHALL COUNTY REGISTER OF DEEDS, AS DESCRIBED ASFOLLOWS:COMMENCING AT A SOUTHWEST CORNER OF LOT 2,PEDCOR SUBDIVISION AND ALSO BEING ON THE EASTRIGHT OF WAY LINE OF JAMES ROAD; THENCE AROUND ACURVE IN A CLOCKWISE DIRECTION, ALONG SAID EASTRIGHT OF WAY LINE OF JAMES ROAD, HAVING A DELTA OF4°14'17", A RADIUS OF 270.64', A CHORD BEARING OFN01°31'57"E, AND A CHORD DISTANCE OF 20.01 FEET;THENCE N89°21'17"E A DISTANCE OF 149.29 FEET TO APOINT 20 FEET WEST OF THE EAST LINE OF SAID LOT 2,PEDCOR SUBDIVISION; THENCE S00°38'55"E, PARALLELAND 20 FT. WEST OF SAID EAST LINE OF LOT 2, A DISTANCEOF 20.00 FEET TO A POINT ON THE NORTH LINE OFEXISTING EASEMENT DOCUMENT NUMBER 93-105819,FILED JULY 1993; THENCE S89°21'17"W A DISTANCE OF150.05 FEET TO THE POINT OF BEGINNING. SAID VACATEDEASEMENT CONTAINS A CALCULATED AREA OF 2995.89SQUARE FEET MORE OR LESS.P.O.BPROPERTY LINEEASEMENT LINEEASEMENT VACATE AREAEASEMENT AREA TO REMAINGrand IslandCouncil Session - 6/14/2022Page 43 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-1
Approving Minutes of May 24, 2022 City Council Regular Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/14/2022 Page 44 / 177
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 24, 2022
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 May 24, 2022. Notice of the meeting was given in The Grand Island Independent on
May 18, 2022.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Mike Paulick, Justin Scott, Michelle Fitzke, Mark Stelk, Jason Conley,
Vaughn Minton, Bethany Guzinski, Maggie Mendoza, Mitch Nickerson, and Chuck Haase. The
following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae
Edwards, Interim City Attorney Stacy Nonhof, Assistant Finance Director Brian Schultz, and
Public Works Director John Collins.
INVOCATION was given by Mayor Roger G. Steele followed by the PLEDGE OF
ALLEGIANCE.
PRESENTATION:
Recognition of Public Works Director John Collins Retirement. The Mayor and City Council
recognized the retirement of Public Works Director/City Engineer John Collins for his years of
service with the City of Grand Island. Jay Vavricek, 2729 Brentwood Blvd. thanked Mr. Collins
for his service to the City of Grand Island. Mr. Collins was present to receive a plaque of
appreciation.
PUBLIC HEARINGS:
Public Hearing on Request from GICS Hospitality Inc. dba Candlewood Suites Grand Island,
859 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for Margarita
Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska. City Clerk RaNae Edwards reported
that an application for a Class “C” Liquor License had been received from GICS Hospitality Inc.
dba Candlewood Suites Grand Island, 859 Allen Drive. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on April 28, 2022; notice to the general public of date, time, and place of hearing
published on May 17, 2022; notice to the applicant of date, time, and place of hearing mailed on
April 28, 2022. Staff recommended approval contingent upon final inspections. No public
testimony was heard.
Public Hearing on Request from GICS Hospitality Inc. dba Fairfield Inn - Marriot - Grand
Island, 805 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for
Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska. City Clerk RaNae Edwards
reported that an application for a Class “C” Liquor License had been received from GICS
Hospitality Inc. dba Fairfield Inn – Marriot – Grand Island, 805 Allen Drive. Ms. Edwards
Grand Island Council Session - 6/14/2022 Page 45 / 177
Page 2, City Council Regular Meeting, May 24, 2022
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on April 28, 2022; notice to the general public of date,
time, and place of hearing published on May 17, 2022; notice to the applicant of date, time, and
place of hearing mailed on April 28, 2022. Staff recommended approval contingent upon final
inspections. No public testimony was heard.
Public Hearing on Request from Boulder Flatts, LLC dba Boulder Flatts, 4058 Enterprise
Avenue for a Class "I" Liquor License and Liquor Manager Designation for Mckenzie Brown,
2510 South North Road, Grand Island, Nebraska. City Clerk RaNae Edwards reported that an
application for a Class “I” Liquor License had been received from Boulder Flatts, LLC dba
Boulder Flatts, 4058 Enterprise Avenue. Ms. Edwards presented the following exhibits for the
record: application submitted to the Liquor Control Commission and received by the City on
May 22, 2022; notice to the general public of date, time, and place of hearing published on May
17, 2022; notice to the applicant of date, time, and place of hearing mailed on May 2, 2022. Staff
recommended approval contingent upon final inspections. No public testimony was heard.
Public Hearing on Redevelopment Plan for CRA No. 36 for Property Located South of Nebraska
Highway 2 and East of Independence Avenue Along Montana Avenue, Grand Island, Nebraska
for Residential Purposes (Paramount Development). Regional Planning Director Chad Nabity
reported that Paramount Development was proposing to develop property south of Montana
Avenue and east of Independence Avenue for residential uses. They were proposing 6 units of
housing in 3 duplexes. Staff recommended approval. Sonya Weinrich, 1422 South Gunbarrel
Road spoke in support. No further public testimony was heard.
Public Hearing on Changes to Chapter 36 of the Grand Island City Code Relative to 36-55;
Secondary Agricultural District. Regional Planning Director Chad Nabity reported that Stephen
Mossman, on behalf of Mid America Truck LLC had submitted a request for the text amendment
to the AG-2 Secondary Agriculture Zone to consider allowing Trailer Washouts as a conditional
use in this zoning district. Staff recommended approval. Steve Mossman, 134 South 13th Street,
Lincoln, Nebraska spoke in support. No further public testimony was heard.
Public Hearing on Acquisition of Property commonly known as Kaufman Plaza. Interim City
Attorney Stacy Nonhof reported that the area commonly known as Kaufman Plaza was
designated as Road Right-of-Way on the original plat. The right-of-way was vacated in 2021 as
that property was not needed as right-of-way nor was it being used as right-of-way. spoke in
support. No further public testimony was heard.
Upon vacation of the right-of-way, that property reverted back to the adjacent property owners.
Amur Real Estate I, LLC and Panthera Investment Group, LLC own the properties immediately
adjacent to the plaza. An agreement was reached with Amur Real Estate I, LLC and Panthera
Investment Group, LLC to have the properties deeded back to the City of Grand Island for use as
a plaza. Staff recommended approval. Amos Anson, 4234 Arizona Avenue spoke in support. No
further public testimony was heard.
Grand Island Council Session - 6/14/2022 Page 46 / 177
Page 3, City Council Regular Meeting, May 24, 2022
ORDINANCES:
Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinance numbered:
#9881 - Consideration of Approving Changes to Chapter 36 of the Grand Island City
Code Relative to 36-55; Secondary Agricultural District
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
This item was related to the aforementioned Public Hearing. Steve Mossman, 134 South 13th
Street, Lincoln, Nebraska on behalf of Mid America Truck, LLC answered questions regarding
lagoons, wastewater and location of a possible Trailer Washout business.
Motion by Guzinski, second by Conley to approve Ordinance #9881.
City Clerk: Ordinance #9881 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Nickerson, Guzinski,
Minton, Conley, and Stelk voted aye. Councilmembers Haase, Mendoza, Fitzke, Scott, and
Paulick voted no. Mayor Steele voted aye making the sixth and deciding vote. Motion adopted.
City Clerk: Ordinance #9881 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 Nickerson, Guzinski, Minton, Conley, and Stelk voted aye. Councilmembers
Haase, Mendoza, Fitzke, Scott, and Paulick voted no. Mayor Steele voted aye making the sixth
and deciding vote. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9881 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda item G-16 (Resolution #2022-147) was removed for
further discussion. Motion by Paulick, second by Guzisnki to approve the Consent Agenda
excluding item G-16. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of May 10, 2022 City Council Regular Meeting.
Approving Request from Tanner Morton, 1309 West 5th Street for Liquor Manager Designation
with Texas Roadhouse, 232 Wilmer Avenue.
Grand Island Council Session - 6/14/2022 Page 47 / 177
Page 4, City Council Regular Meeting, May 24, 2022
#2022-134 - Approving Request from GICS Hospitality Inc. dba Candlewood Suites Grand
Island, 859 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for
Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska.
#2022-135 - Approving Request from GICS Hospitality Inc. dba Fairfield Inn - Marriot - Grand
Island, 805 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for
Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska.
#2022-136 - Approving Request from Boulder Flatts, LLC dba Boulder Flatts, 4058 Enterprise
Avenue for a Class "I" Liquor License and Liquor Manager Designation for Mckenzie Brown,
2510 South North Road, Grand Island, Nebraska.
#2022-137 - Approving Purchase of 2022 John Deere Backhoe Loader for the Underground
Division from Murphy Tractor and Equipment of Grand Island, Nebraska in an Amount of
$125,000.00.
#2022-138 - Approving Inter-local Agreement with Hall County for Improvements to Old Potash
Highway between Engleman Road and North Road.
#2022-139 - Approving Change Order No. 1 for Central Nebraska Regional Airport Sanitary
Sewer Collection System Rehabilitation; Project No. 2017-S-4 with S. J. Louis Construction,
Inc. of Rockville, Minnesota for an Increase of $64,994.50 and a Revised Contract Amount of
$6,194,994.50.
#2022-140 - Approving Amendment No. 1 to Engineering Consulting Agreement for 2022
Sanitary Sewer Rehabilitation; Project No. 2022-S-1 with Olsson, Inc. of Grand Island, Nebraska
for an Increase of $69,400.00 and a Revised Contract Amount of $134,428.00.
#2022-141 - Approving Transfer of Water Irrigation Rights in the Area of Old Potash Highway
and North Road- Parcel No.’s 400201001, 400200933, and 400475310.
#2022-142 - Approving Certificate of Final Completion for Sanitary Sewer Rehabilitation-
Various Locations; Project No. 2021-S-12 with The Diamond Engineering Company of Grand
Island, Nebraska.
#2022-143 - Approving Certificate of Final Completion for Parking Ramp Maintenance &
Repairs- 2021; 103 North Locust Street with Wilkinson Industrial of Shelton, Nebraska.
#2022-144 - Approving Amendment No. 2 for Various Locations Drainage Projects with JEO
Consulting Group, Inc. of Grand Island, Nebraska for an Increase of $13,895.00 and a Revised
Contract Amount of $123,910.00.
#2022-145 - Approving Acquisition of Property commonly known as Kaufman Plaza (Amur
Real Estate I, LLC).
Grand Island Council Session - 6/14/2022 Page 48 / 177
Page 5, City Council Regular Meeting, May 24, 2022
#2022-146 - Approving Acquisition of Property commonly known as Kaufman Plaza (Panthera
Investment Group, LLC).
#2022-147 - Approving CHI-Nebraska Land Sale – Authorize Mayor to Execute Closing
Documents. City Administrator Jerry Janulewicz reported that in March of this year the Council
approved an Ordinance to sell land to CHI. This item would approve the Mayor to sign the
closing documents. Comments were made by Council regarding the public’s displeasure in the
process and the project. Mayor Steele stated he had received lots of comments in favor.
Motion by Stelk, second by Minton to approve Resolution #2022-147. Upon roll call vote,
Councilmembers Nickerson, Mendoza, Minton, Conley, and Stelk voted aye. Councilmembers
Haase, Fitzke, Scott, and Paulick voted no. Councilmember Guzinski abstained from voting.
Mayor Steele voted aye making the sixth and deciding vote. Motion adopted.
#2022-148 - Approving Amendment to Jaxson Subdivision Agreement.
#2022-149 - Approving Proposal for Roof Replacement at City Hall with Tri-Cities Roofing &
Sheet Metal of Grand Island, Nebraska in an Amount of $154,482.57.
#2022-150 - Approving Amendment No. 5 to Energy Management Agreement with Tenaska.
RESOLUTIONS:
#2022-151 - Consideration of Approving the Redevelopment Plan for CRA No. 36 for Property
Located South of Nebraska Highway 2 and East of Independence Avenue Along Montana
Avenue, Grand Island, Nebraska for Commercial and Residential Purposes (Paramount
Development). This item was related to the Public Hearing.
Motion by Nickerson, second by Guzinski to approve Resolution #2022-151. Upon roll call vote,
all voted aye. Motion adopted.
#2022-152 - Consideration of Approving Appointment of Keith Kurz as Interim Public Works
Director/City Engineer. City Administrator Jerry Janulewicz reported that with the retirement of
Public Works Director John Collins the Mayor was recommending the appointment of Keith
Kurz as the Interim Public Works Director/City Engineer.
Motion by Paulick, second by Stelk to approve Resolution #2022-152. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Minton, second by Guzinski to approve the payment of claims for the period of May
11, 2022 through May 24, 2022 for a total amount of $6,398,666.16. Upon roll call vote, all
voted aye. Motion adopted.
Grand Island Council Session - 6/14/2022 Page 49 / 177
Page 6, City Council Regular Meeting, May 24, 2022
ADJOURN TO EXECUTIVE SESSION: Motion by Fitzke, second by Minton to adjourn to
Executive Session at 8:26 p.m. for the purpose of a strategy session with respect to FOP Union
negotiations. Unanimously approved.
RETURN TO REGULAR SESSION: Motion by Minton, second by Nickerson to return to
Regular Session at 9:58 p.m. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 9:58 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 6/14/2022 Page 50 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-2
Approving Re-Appointments of Brad Bauer and Ron Depue to the
Occupation Tax Oversight Committee (Food & Beverage)
Mayor Steele has submitted the re-appointments of Brad Bauer and Ron Depue to the Occupation Tax
Oversight Committee (Food & Beverage) board. These appointments would become effective July 1,
2022 upon approval by the City Council and would expire on June 30, 2026.
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 6/14/2022 Page 51 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-3
Approving Garbage Haulers Permit for Grand Island Disposal,
Inc., 1839 East 4th Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/14/2022 Page 52 / 177
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 14, 2022
Subject:Approving Garbage Haulers License for Grand Island
Disposal, Inc., 1839 East 4th Street
Presenter(s):RaNae Edwards, City Clerk
Background
Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of
Garbage and/or Refuse. These permits are effective October 1 through September 30 of each
calendar year.
Discussion
Kevin Walsh, representing Grand Island Disposal, Inc., 1839 East 4th Street has submitted an
application for a garbage haulers license. Grand Island Disposal, Inc. has purchased Heartland
Disposal and Full Circle Rolloffs. Once this application is approved by the City Council they will
be able to submit their Certificate of Insurance. All other City Code requirements have been met.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve the garbage hauler license for Grand Island Disposal, Inc.
2.Refer the issue to a Committee
3.Postpone the issue to a future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the garbage hauler license for Grand
Island Disposal, Inc., 1829 East 4th Street.
Sample Motion
Move to approve the garbage hauler license for Grand Island Disposal, Inc., 1839 East 4th Street
contingent upon the City receiving their Certificate of Insurance.
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City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-4
Approving Request from Ali Bergeron, 418 East 13th Street for
Liquor Manager Designation with Chuckwagon BBQ, BYPI, 2504
South Locust Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/14/2022 Page 60 / 177
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 14, 2022
Subject:Requests from Ali Bergeron, 418 East 13th Street for
Liquor Manager Designation with Chuckwagon BBQ,
BYPI, 2504 South Locust Street
Presenter(s):RaNae Edwards, City Clerk
Background
Ali Bergeron, 418 East 13th Street has submitted an application with the City Clerk’s
Office for Liquor Manager Designation in conjunction with the Class “I-124021” Liquor
License for Chuckwagon BBQ, BYPI, 2504 South Locust Street.
The application has been reviewed by the Police Department and City Clerk’s Office. See
Police Department report attached.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. Staff recommends approval contingent upon taking and passing a
state approved alcohol server/seller training course.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the request.
2.Forward the requests with no recommendation.
3.Take no action on the request.
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation contingent upon taking and passing a state approved alcohol
server/seller training course.
Grand Island Council Session - 6/14/2022 Page 61 / 177
Sample Motion
Move to approve the request from Ali Bergeron, 418 East 13th Street for Liquor Manager
Designation in conjunction with the Class “I-124021” Liquor License for Chuckwagon
BBQ, BYPI, 2504 South Locust Street contingent upon taking and passing a state
approved alcohol server/seller training course.
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City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-5
#2022-153 - Approving Request from Henry J’s, LLC, dba Henry
J’s, 118 West 2nd Street, Suite 4A for a Class “C” Liquor License
and Liquor Manager Designation for Cathryn Sack, 3122
Brentwood Drive
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/14/2022 Page 68 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-153
WHEREAS, an application was filed by Henry J’s LLC dba Henry J’s, 118 West
2nd Street, Suite 4A for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on June 4, 2022; such publication cost being $17.22; and
WHEREAS, a public hearing was held on June 14, 2022 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____The City of Grand Island hereby recommends approval of Cathryn Sack,
3122 Brentwood Drive, Grand Island, Nebraska contingent upon taking
and passing a state approved alcohol server/seller training.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 69 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-6
#2022-154 - Approving the Supply and Delivery of Pebble Lime
2022-2025
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 6/14/2022 Page 70 / 177
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Interim City Attorney
Meeting:June 14, 2022
Subject:Supply and Delivery of Pebble Lime to the Platte
Generating Station September 2022-2025
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The Mercury and Air Toxics Standard regulation compliance at Platte Generating Station
was commissioned in 2014. The spray dry absorber system is used to inject a lime slurry
into the boiler exhaust gas to remove acid gases from the flue gas. The gas leaving the
spray dry absorber system will flow to a baghouse for particulate removal and a booster
fan follows the baghouse to return the flue gas to the existing stack.
Pebble lime is used to produce the required lime slurry. The pebble lime material must
meet design specifications in order to produce a consistent lime slurry that allows the
plant to meet performance guarantees.
Plant staff developed a Request for Proposal for the purchase of pebble lime from
suppliers of this material in 2019. Proposals from the following firms were received on
August 14, 2019:
Company
Mississippi Lime, St. Louis, MO
Pete Lien & Sons, Inc., Rapid City, SD
Lhoist North America, Genevieve, MO
Graymont Western Lime, Inc., West Bend, WI
Pete Lien & Sons was awarded the multi-term contract through September 2022 at the
City Council Meeting on August 27, 2019.
Discussion
Pete Lien & Sons has offered current pricing for a multi-year contract through September
2025. In review of the 2019 proposed procurement period the bidder has an option to
Grand Island Council Session - 6/14/2022 Page 71 / 177
provide extensions or longer procurement periods considered at the sole discretion of the
City.
The department evaluated current pricing through 2025 using the 2019 Request for
Proposal financial evaluation. Primary evaluations are on the basis of cost and suitability
of the product meeting the system requirements. Review considerations included quality
control, company experience, strength of production supply chain, proposal
responsiveness, transportation provisions, availability of technical support, commercial
terms, and flexibility in procurement quantities.
Pete Lien & Sons current price through September 2025 compared with the alternate bids
from the original proposals is still the lowest total cost and best overall proposal that
satisfied all requirements of the Request for Proposal specifications. Staff therefore
recommends entering the multi-term contract with Pete Lien & Sons through 2025. A
copy of the Bid Tabulations is attached for reference.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve.
2.Refer the issue to a Committee.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
City Administration recommends that the Council award the Supply and Delivery of
Pebble Lime for 2022-2025 to Pete Lien & Sons, Inc., Rapid City, South Dakota.
Sample Motion
Move to approve the proposal from Pete Lien & Sons, Inc, Rapid City, South Dakota, for
the Supply and Delivery of Pebble Lime 2022-2025 to the Platte Generating Station.
Grand Island Council Session - 6/14/2022 Page 72 / 177
Confidential Pebble Lime Supply Bid TabulationALL INFORMATION INCLUDED HEREIN IS PROPRIETARY AND CONFIDENTIAL2022-2023 2024 2025 2019- 2020 2021 2022 2019- 2020 2021 2022 2019- 2020 2021 2022 2019- 2020 2021 2022
Pete Lien & Sons Pete Lien & Sons Pete Lien & Sons Pete Lien & Sons Pete Lien & Sons Pete Lien & Sons Mississippi Lime Mississippi Lime Mississippi Lime Graymont Graymont Graymont Lhoist Lhoist Lhoist
Source Laramie, Wy Laramie, Wy Laramie, Wy Laramie, Wy Laramie, Wy Laramie, Wy Ste. Genevieve, Mo Ste. Genevieve, Mo Ste. Genevieve, Mo Ste. Genevieve, Mo Ste. Genevieve, Mo Ste. Genevieve, Mo
Product Lime Lime Lime Lime Lime Lime Lime Lime Lime Lime Lime Lime Lime Lime Lime
Price per Ton $124.67 $128.41 $132.26 $104.00 $107.12 $110.33 not provided not provided not provided 120.00$ annual adjustment annual adjustment 203.00$
Freight Cost Per Ton $71.89 $74.05 $76.27 $65.80 $67.80 $69.80 not provided not provided not provided 150.00$ annual adjustment annual adjustment 107.36$
fuel surcharge fuel DOE index fuel DOE index fuel DOE index fuel DOE index fuel DOE index fuel DOE index 30% on frieght
S,S,holidays
30% on frieght
S,S,holidays
30% on frieght
S,S,holidays $ 15.03
Delivered per ton w/o tax $196.56 $202.46 $208.53 $169.80 $174.92 $180.13 196.00$ 204.00$ 212.00$ 270.00$ annual adjustment annual adjustment 325.39$
Available CaO Quality Factor 0.950 0.950 0.950 0.950 0.950 0.950 0.945 0.945 0.945 0.940 0.920
quality adjusted total delivered $$206.91 $213.12 $219.51 $178.74 $184.13 $189.61 $207.41 $215.87 $224.34 $287.23 annual adjustment annual adjustment $353.68
Total Annual Cost Est, 2500 T $517,263.16 $532,789.47 $548,763.16 $446,842.11 $460,315.79 $474,026.32 $518,518.52 $539,682.54 $560,846.56 $718,085.11 $718,085.11 $718,085.11 $884,211.96 not offered not offered
Total 3 year cost $1,598,815.79 $1,381,184.21 $1,619,047.62 $2,154,255.32 not offered
Comments 0.00%DOE Fuel Index @ $2.5 DOE Fuel Index @ $2.5 DOE Fuel Index @ $2.5 DOE Fuel Index @ $2.5 DOE Fuel Index @ $2.5 DOE Fuel Index @ $2.5 Can not Calculate Surcharge Can not Calculate Surcharge Can not Calculate Surcharge Can not calculate cost increase Can not calculate cost increase
Recommended Supply Recommended Supply Recommended Supply
Grand Island Council Session - 6/14/2022 Page 73 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-154
WHEREAS, Pete Lien & Sons was awarded the multi-term contract through
September 2022 at the City Council Meeting on August 27, 2019; and
WHEREAS, review of the 2019 proposed procurement period the bidder has an
option to provide extensions or longer procurement periods considered at the sole discretion of
the City; and
WHEREAS, Pete Lien & Sons current price through September 2025 compared
with the alternate bids from the original proposals is still the lowest total cost and best overall
proposal that satisfied all requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Pete Lien & Sons, Inc., of Rapid City,
South Dakota will be awarded the multi-term contract for the supply and delivery of pebble lime
through September 2025.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 74 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-7
#2022-155 - Approving Purchase of 10 CY Dump Truck for the
Street Division of the Public Works Department
Staff Contact: Keith Kurz PE, Interim Public Works Director
Grand Island Council Session - 6/14/2022 Page 75 / 177
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:June 14, 2022
Subject:Approving Purchase of 10 CY Dump Truck for the Street
Division of the Public Works Department
Presenter(s):Keith Kurz PE, Interim Public Works Director
Background
The Streets Division of the Public Works Department has budgeted funds for a new 10
CY Dump Truck for the 2021/2022 fiscal year. Once received, the new dump truck will
be replacing an existing unit in the fleet.
Due to lack of new equipment availability and limited production at this time, the new
truck is not expected to be scheduled for build out until July of 2023. An existing truck
will be offered for trade-in or sold as part of this transaction. The truck offered for trade-
in or sale will continue to be utilized by the Streets Division until the new truck arrives.
This continued use will add additional wear and increase the hour meter and therefore
may affect the value. Also, due to the volatility of the used equipment market the value of
the trade-in equipment could vary a good deal with this long lead time. Therefore the
trade-in or sale value will be determined once the estimated delivery date is determined.
The existing unit planned for replacement is Unit 222; 2008 Sterling LT7500 with dump
body, 6,533 hours, and repair cost to purchase ratio of 1.16. This unit is primarily used
for plowing snow and hauling materials, such as broken concrete pavement, dirt, street
sweepings, and snow.
Grand Island Council Session - 6/14/2022 Page 76 / 177
Unit 222
Discussion
The specifications for the dump trucks purchased the last few years have included
features the City had previously spent 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 truck will also come installed with new safety
features such as back-up camera. This has been a good option for the Streets Division as
there is virtually no down time once the new unit(s) are 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
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 truck
(2024 International HV607 SBA with dump body) that meets the City’s requirements,
will be $144,917.81.
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 - 6/14/2022 Page 77 / 177
Recommendation
City Administration recommends that the Council approve the purchase of a 2024
International HV607 SBA with dump body from Hansen International of Grand Island,
NE for a net purchase price of $144,917.81.
Sample Motion
Move to approve the purchase 2024 International HV607 SBA with dump body from
Hansen International of Grand Island, NE for a net purchase price of $144,917.81.
Grand Island Council Session - 6/14/2022 Page 78 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-155
WHEREAS, Sourcewell, formerly known as the National Joint Powers Alliance,
cooperative purchasing group was utilized to a secure competitive bid for one (1) 10 CY Dump
Truck 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 a
2024 International HV607 SBA with dump body from Hansen International of Grand Island, NE
for a net purchase price of $144,917.81.
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 a 2024 International 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, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 79 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-8
#2022-156 - Approving Purchase of Salt Truck/5 CY Dump Truck
for the Street Division of the Public Works Department
Staff Contact: Keith Kurz PE, Interim Public Works Director
Grand Island Council Session - 6/14/2022 Page 80 / 177
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:June 14, 2022
Subject:Approving Purchase of Salt Truck/5 CY Dump Truck for
the Street Division of the Public Works Department
Presenter(s):Keith Kurz PE, Interim Public Works Director
Background
The Street Division of the Public Works Department has budgeted funds for a new Salt
Truck/5 CY Dump Truck for the 2021/2022 fiscal year. Once received, the new salt/
dump truck will be replacing an existing unit in the fleet.
Due to lack of new equipment availability and limited production at this time, the new
truck is not expected to be scheduled for build out until January of 2023. An existing salt
truck will be offered for trade-in or sold as part of this transaction. The truck offered for
trade-in or sale will continue to be utilized by the Streets Division until the new truck
arrives. This continued use will add additional wear and increase the hour meter and
therefore may affect the value. Also, due to the volatility of the used equipment market
the value of the trade-in equipment could vary a good deal with this long lead time.
Therefore the trade-in or sale value will be determined once the estimated delivery date is
determined.
The existing unit planned for replacement is Unit 226; 2003 GMC C7500 with material
spreader body, 2,017 hours, and repair cost to purchase ratio of 1.60. This unit is
primarily used for ice control via spreading roadway salt and occasionally for spreading
sand for spills on the roadway.
Grand Island Council Session - 6/14/2022 Page 81 / 177
Unit 226
Discussion
The specifications for this equipment will include a single axle dump truck with slide in
salt spreader box (and necessary controls) so that it may be used as either a dump truck or
as a salt spreader truck.
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
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 Salt Truck/5 CY Dump
Truck (2024 International MV607 SBA with dump body and spreader box) that meets the
City’s requirements, will be $135,349.17.
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
Grand Island Council Session - 6/14/2022 Page 82 / 177
City Administration recommends that the Council approve the purchase of a 2024
International MV607 SBA with dump body and spreader box from Hansen International
of Grand Island, NE for a net purchase price of $135,349.17.
Sample Motion
Move to approve the purchase MV607 SBA with dump body and spreader box from
Hansen International of Grand Island, NE for a net purchase price of $135,349.17.
Grand Island Council Session - 6/14/2022 Page 83 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-156
WHEREAS, Sourcewell, formerly known as the National Joint Powers Alliance,
cooperative purchasing group was utilized to a secure competitive bid for one (1) Salt Truck/5
CY Dump Truck by the Street 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 a
2024 International MV607 SBA with dump body and spreader box from Hansen International of
Grand Island, NE for a net purchase price of $135,349.17.
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 a 2024 International MV607 SBA with dump body and spreader box from Hansen
International of Grand Island, NE is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 84 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-9
#2022-157 - Approving Agreement with NDOT for the Grand
Island Area Metropolitan Planning Organization (GIAMPO) for
the 2023 Fiscal Year Transportation Planning Program
Staff Contact: Keith Kurz PE, Interim Public Works Director
Grand Island Council Session - 6/14/2022 Page 85 / 177
Council Agenda Memo
From:Allan Zafft AICP, MPO Program Manager
Meeting:June 14, 2022
Subject:Approving Agreement with NDOT for the Grand Island
Area Metropolitan Planning Organization (GIAMPO) for
the 2023 Fiscal Year Transportation Planning Program
Presenter(s):Keith Kurz PE, Interim Public Works Director
Background
All agreements must be approved by the City Council and will be acted on when
agreements are received from the Nebraska Department of Transportation. In March
2013, the City of Grand Island was designated as an urbanized area with a population
over 50,000 which require the metropolitan area to establish a transportation planning
process in accordance to Title 23 CFR 450 of the current federal transportation bill. As a
requirement in this process, the Metropolitan Planning Organization (MPO) develops
annually a Unified Planning Work Program (UPWP) describing the work activities and
funding required by the Grand Island Area Metropolitan Planning Organization
(GIAMPO) to carry-out these mandates.
Discussion
The Grand Island Area Metropolitan Planning Organization (GIAMPO) has drawn up a
Unified Planning Work Program with the City of Grand Island for the purpose of
assisting the Local Public Agency (LPA) in obtaining Federal approval and financial
assistance to ensure a continued, comprehensive, and cooperative transportation planning
process between the state and local governments for the Grand Island Metropolitan
Planning Area for fiscal year 2023 (July 1, 2022- June 30, 2023).
The attached Exhibit “A” Grand Island Area Metropolitan Planning Organization
(GIAMPO), Unified Planning Work Program describes the work to be carried out in
accordance with 23 U.S.C. Section 134 of the Infrastructure Investment and Jobs Act
(IIJA) (also known as the “Bipartisan Infrastructure Law”),, Transportation Bill and has
been reviewed and approved by the GIAMPO Policy Board, Nebraska Department of
Transportation, Federal Highway Administration, and Federal Transit Administration.
Grand Island Council Session - 6/14/2022 Page 86 / 177
The total cost of the Eligible Planning Activities under the agreement (FY 2023 Planning
Agreement) is currently estimated to be $167,863.41, with the federal share estimated to
be $134,290.73, and the MPO’s share estimated to be $33,572.68.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve a resolution authorizing the
Mayor to sign the agreement.
Sample Motion
Move to approve authorization for the Mayor to sign the agreement.
Grand Island Council Session - 6/14/2022 Page 87 / 177
Agreement No. UL2202
Fiscal Year July 1, 2022 through June 30, 2023
Agreement Amount $167,863.41
T-AGR-86a Revised 11/9/21 Page 1 of 15
PROGRAM AGREEMENT
FEDERAL PLANNING FUNDS METROPOLITAN PLANNING ORGANIZATIONS
GRAND ISLAND AREA METROPOLITAN PLANNING ORGANIZATION STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION PROJECT NO. PLG-1(60), STATE CONTROL NO. CN 01047G FY 2023 PLANNING (PL) AGREEMENT
THIS AGREEMENT is between the Grand Island Area Metropolitan Planning Organization
(GIAMPO) who is a Metropolitan Planning Organization ("MPO"), and the State of Nebraska,
Department of Transportation ("State"), collectively referred to as “Parties”.
WITNESSETH:
WHEREAS, federal law requires that MPO establish and maintain a continuing, comprehensive
transportation planning process in cooperation with state and local governments in urban areas
of over 50,000 population, and
WHEREAS, MPO has established and maintains a planning process that complies with federal
law, and
WHEREAS, there are Federal-aid Planning Funds (PL Funds or PL Funding) available to
provide pro-rata reimbursement to MPO for its Eligible Planning Activities, and
WHEREAS, MPO has been designated as the recipient agency for the Grand Island
metropolitan area for PL Funds, and
WHEREAS, Federal law provides that State will be a representative for the Federal Highway
Administration (FHWA) in reviewing requests for reimbursement of MPO Eligible Planning
Activities, and that reimbursements will be made through State, and
WHEREAS, MPO has developed and submitted a Unified Planning Work Program document
(“UPWP”) which is attached hereto as Exhibit “A”; it has been reviewed and approved by
FHWA, and
WHEREAS, this Agreement applies only to the part of MPO’s UPWP Eligible Planning Activities
overseen by FHWA, and
WHEREAS, this Agreement governs the reimbursement of Eligible Planning Activities
conducted between July 1, 2022, and June 30, 2023, and
WHEREAS, for this Agreement, if a non-federal entity expends $750,000 or more in total federal
awards in a fiscal year, must be addressed as explained further in this Agreement, and
WHEREAS, the total cost reimbursable under this Agreement is currently estimated to be
$167,863.41; the federal share is estimated to be $134,290.73, and MPO’s share is estimated
to be $33,572.68, and
WHEREAS, MPO’s UPWP has been approved and MPO desires to incur costs for eligible tasks
and activities that will be reimbursed with PL Funds under the designation of Project No.
PLG-1(60), and has authorized the City of Grand Island’s Mayor to sign this Agreement, as
evidenced by the Resolution of City Council, attached as Exhibit “B”.
Grand Island Council Session - 6/14/2022 Page 88 / 177
Project No. PLG-1(60) Page 2 of 15
Control No. CN 01047G Agreement No. UL2022
NOW THEREFORE, in consideration of these facts, MPO and State agree as follows:
SECTION 1. DEFINITIONS
WHEREVER in this Agreement the following terms are used, they mean the following:
“CFDA” means Catalog of Federal Domestic Assistance.
“CFR” means the Code of Federal Regulations.
“ELIGIBLE PLANNING ACTIVITIES” means tasks or activities performed by MPO or its
consultants, subconsultants, agents, or representatives which are eligible for reimbursement
with PL Funds and that have been identified in MPO’s approved UPWP.
“FHWA” means the Federal Highway Administration, United States Department of
Transportation, Washington, D.C. 20590, acting through its authorized representatives.
“MPO” means a Metropolitan Planning Organization qualified under federal law.
“NEB. REV. STAT” means the Nebraska Revised Statutes as set forth in Nebraska law.
“OMB” means the Federal Office of Management and Budget.
“RESPONSIBLE CHARGE” or “RC” means the employee of MPO or of a city/county within
MPO, or elected official of a city/county within MPO, who has been empowered by MPO to
represent MPO on planning issues and has actual day-to-day working knowledge and
responsibility for significant aspects of MPO’s planning program and process. The RC works
regularly with planning issues and is MPO’s point-of-contact for planning activities. Responsible
charge does not mean merely delegating the various tasks; it means active day-to-day
involvement in identifying options, working directly with stakeholders, making decisions, and
actively monitoring the planning activities. It is understood that RC may delegate or contract
certain technical tasks associated with the planning activities so long as RC actively manages
and represents MPO’s interests in the delegated technical tasks.
“UNIFIED PLANNING WORK PROGRAM (UPWP)” means a document of transportation
planning activities performed within the metropolitan planning areas, or urbanized areas with
populations of 50,000 or more. The UPWP describes planning activities to be completed,
estimates the cost for the planning activities, and indicates the lead agency. Transportation
activities to design and build transportation infrastructure are usually not included in the UPWP;
however, all federally funded studies should be included in the UPWP. This Agreement applies
only to the part of MPO’s UPWP related to highway, road, street or other planning activities
overseen by FHWA. This Agreement does not apply to transit planning activities of MPO’s
UPWP overseen by the Federal Transit Administration. State and MPO will enter into a
separate agreement for reimbursement of transit planning activities.
“STATE” means the Nebraska Department of Transportation in Lincoln, Nebraska, its Director,
or authorized representative. State is a funding liaison between MPO and the United States.
SECTION 2. DURATION OF THIS AGREEMENT (specific to PL agreements)
2.1 Effective Date – This Agreement is effective when executed by the Parties.
2.2 Expiration Date – This Agreement will expire when the last of the following events is
completed: The expiration of the Initial Duration, the expiration of any Extension of the
Initial Duration, and the waiver or completion of the project financial audit and cost
settlement.
Grand Island Council Session - 6/14/2022 Page 89 / 177
Project No. PLG-1(60) Page 3 of 15
Control No. CN 01047G Agreement No. UL2022
2.3 Initial Duration – The benefits and obligations of this Agreement, though binding when
signed, are operative for activities beginning July 1, 2022, and ending June 30, 2023.
2.4 Extension of the Agreement - State may, in its sole discretion, extend the duration of
this Agreement in writing, for an additional period of time up to, but not to exceed, one-
half of the Initial Duration of the Agreement. State will notify MPO of the State’s exercise
of its right to extend this Agreement approximately one month prior to the expiration of
the Initial Duration of the Agreement.
2.5 Identifying Date – For convenience, this Agreement’s identifying date will be the date
State signed the agreement.
2.6 Termination or suspension – State reserves the right to terminate or suspend this
Agreement at any time for any of the reasons provided herein.
SECTION 3. PURPOSE OF AGREEMENT AND RESPONSIBILITIES OF THE PARTIES
3.1 MPO has authorized the City of Grand Island’s Mayor to sign this Agreement, as
evidenced by the Resolution of City Council, attached as Exhibit “B”, and incorporated
herein by this reference.
3.2 MPO desires that MPO’s attached UPWP be developed under the designation of Project
No. PLG-1(60) as evidenced by the Resolution of City Council, attached as Exhibit “B”
3.3 Purpose
MPO wishes to be reimbursed with PL Funds for Eligible Planning Activities. MPO
understands that FHWA will not provide funding directly to MPO; but will provide
reimbursement by State with Federal funds for Eligible Planning Activities. State,
pursuant to Neb. Rev. Stat. § 39-1305, will act under this Agreement as a steward of
federal funds and as a liaison between MPO and FHWA. The purpose of this
Agreement is to set forth the understanding of MPO and State concerning their
respective duties to enable the planning activities to be eligible for federal-aid funding.
Under this Agreement, MPO shall continue to have all duties concerning any aspect of
the planning processes. Nothing in this Agreement shall be construed to create any duty
of State to MPO concerning such matters. In the event that State or FHWA find that the
planning activities are ineligible for PL Funding, MPO will repay State all previously paid
federal funds, as determined by State, and any costs or expenses State has incurred
under this Agreement. MPO further agrees that MPO shall have no claim or right of
action against State under this Agreement if FHWA determines that planning activities
are not eligible in whole or in part, for Federal-aid funding. The following sections of this
Agreement include the eligibility requirements and other conditions State believes in
good faith that MPO must meet for MPO to be reimbursed with PL Funding.
MPO acknowledges that many conditions must be met by MPO in order to receive
Federal-aid reimbursement. MPO agrees to develop its UPWP in an effort to meet all
federal eligibility requirements so the planning activities may be determined eligible for
PL Funding.
3.4 MPO RESPONSIBILITIES
3.4.1 MPO shall meet all federal transportation planning requirements and shall select
and manage necessary committees and staff, and consult, collaborate and
coordinate with State to accomplish the Eligible Planning Activities.
3.4.2 MPO shall select qualified personnel as needed to complete the Eligible Planning
Grand Island Council Session - 6/14/2022 Page 90 / 177
Project No. PLG-1(60) Page 4 of 15
Control No. CN 01047G Agreement No. UL2022
Activities, and oversee any consultants selected to perform such activities. MPO
shall submit to State a listing of all qualified personnel that may be selected or
assigned to the work contemplated therein prior to submitting the first invoice to
State. Said listing shall indicate each person’s job title or classification,
qualifications, and salary range. MPO may make occasional temporary changes
to qualified personnel. However, MPO shall submit an updated list to reflect
permanent changes to qualified personnel.
3.4.3 MPO, when choosing to use a consultant to complete Eligible Planning Activities
under this Agreement, shall follow all guidelines and requirements outlined in
State’s LPA Guidelines Manual for Federal Aid Projects (“LPA Guidelines
Manual”) in regard to the method of procurement, evaluation, selection, and
contract types. The selected consultant must be certified to provide
Transportation Planning Services by State. MPO shall be responsible to
determine that the consultant is qualified to provide the expertise and
experienced personnel to accomplish the required work product. Price cannot be
a selection factor when hiring for professional engineering or architectural
services. MPO shall follow any applicable requirements including, but not limited
to, requirements defined in Chapter 4 of LPA Guidelines Manual.
3.4.4 MPO shall arrange for and conduct meetings and conferences to review working
details and make presentations to the principals, participants and other interested
groups and bodies as will best promote and effect cooperation, coordination and
understanding in the UPWP.
3.4.5 MPO shall obtain written approval from State and FHWA when, after consultation
with State, MPO determines that amendments to the UPWP are necessary. MPO
shall obtain written concurrence from State when, after consultation with State,
MPO determines that administrative modifications to the UPWP are necessary.
3.4.6 MPO shall only seek reimbursement for actual costs incurred for Eligible
Planning Activities. The salaries and expenses of the Chair or members of
GIAMPO’s Board will not be reimbursed as an Eligible Planning Activity.
3.4.7 MPO shall submit accurate and complete invoices in accordance with
SECTION 8. FINANCIAL RESPONSIBILITY of this Agreement, and shall
provide additional documentation when requested by State. MPO shall be solely
responsible for all costs not reimbursed under this Agreement.
3.4.8 MPO shall keep signed time records detailing time spent on Eligible Planning
Activities, including the date and hours worked. When requested by State, MPO
shall submit time records to State.
3.4.9 MPO agrees that it is ultimately responsible for complying with all Federal and
State requirements and policies applicable to Federal-aid planning activities.
MPO understands that failure to meet any eligibility requirements for PL Funding
may result in the loss of all PL Funds. In the event that the acts or omissions of
the RC, MPO or its agents or representatives result in a finding that planning
activities are ineligible for PL Funds, MPO will repay State all previously paid PL
Funds, as determined by State, including but not limited to, any costs reimbursed
for the time and expenses of the RC.
3.5 STATE RESPONSIBILITIES
Grand Island Council Session - 6/14/2022 Page 91 / 177
Project No. PLG-1(60) Page 5 of 15
Control No. CN 01047G Agreement No. UL2022
3.5.1 Complete the duties assigned to State in this Agreement.
3.5.2 Determine and notify MPO of the estimate of PL Funding availability, including
carry-over and annual allocation target.
3.5.3 Provide technical assistance to MPO regarding PL Funding eligibility issues,
when requested by MPO.
3.5.4 Verify all invoices submitted by MPO are complete, accurate, and represent
actual costs for Eligible Planning Activities.
3.5.5 Pay MPO the federal share of the actual costs of Eligible Planning Activities as
reflected on an approved invoice.
3.5.6 Bill and collect from MPO any previously paid funds determined to be ineligible
by FHWA.
3.6 PARTIES RESPONSIBILITY
3.6.1 Parties agree to cooperatively review and adjust, when necessary, the scope,
schedules, funding, priorities, or staffing of MPO’s work to make sure the UPWP
needs and goals are accomplished by MPO in accordance with the federal
requirements for use of PL Funds.
3.6.2 Parties will supplement this Agreement to reflect any changes necessary to
accomplish 3.6.1, with advance approval of the Federal Highway Administration.
SECTION 4. RESPONSIBLE CHARGE (RC) REQUIREMENTS
4.1 MPO hereby designates Allan Zafft as the RC for the Eligible Planning Activities.
4.2 Duties and Assurances of MPO concerning its designated RC for the Eligible Planning
Activities.
4.2.1 MPO understands the duties and responsibilities of MPO and RC as outlined in
the LPA Guidelines Manual.
4.2.2 MPO has authorized and fully empowered the RC to be responsible for day-to-
day Eligible Planning Activities; this requirement does not mean merely
supervising, overseeing or delegating various tasks, it means active day-to-day
involvement in the Eligible Planning Activities including identifying issues,
investigating options, working directly with stakeholders, and decision making.
4.2.3 The RC is a full-time public employee or elected official of MPO, or a full-time
employee of another entity as defined in “Public Employee” above.
4.2.4 MPO agrees to take all necessary actions and make its best good faith efforts to
ensure the RC’s work meets the same standards that State must meet under
federal law.
4.2.5 If, for whatever reason, the designated RC is no longer assigned to the Eligible
Planning Activities, MPO shall, within one day or sooner if possible, notify
verbally and in writing State’s Highway Planning Manager; after such notification
MPO shall replace the RC no later than thirty (30) calendar days or sooner if
possible. With advance written approval by State, MPO may use a Provisional
RC in accordance with State’s Provisional RC Policy.
SECTION 5. FEDERAL AID PROJECT REQUIREMENTS
5.1 MPO agrees to comply with all Federal-aid procedures and requirements applicable to
this Agreement, including federal laws, and when applicable, state and local laws, and
the LPA Guidelines Manual.
5.2 The Applicable Legal and Contract Requirements.
Grand Island Council Session - 6/14/2022 Page 92 / 177
Project No. PLG-1(60) Page 6 of 15
Control No. CN 01047G Agreement No. UL2022
5.2.1 Title 23 U.S.C., and 23 CFR, – The primary provisions of law applicable to this
Agreement are generally found in 23 U.S.C. Section 134; and 23 CFR Part 420,
subpart A, and Part 450, subpart C.
5.2.2 LPA Guidelines Manual - MPO also agrees to comply with applicable provisions
of the LPA Guidelines Manual for Federal Aid Projects, which is incorporated
herein by this reference. The LPA Guidelines Manual is a document drafted in
part, and formally approved, by FHWA as a document setting out requirements
for LPA’s or MPO’s Eligible Planning Activities funded with PL Funds. A current
version of the LPA Guidelines Manual can be found in its entirety at the following
internet address: http://dot.nebraska.gov/media/6319/lpa-guidelines.pdf. In the
event MPO believes that the LPA Guidelines Manual doesn’t clearly address a
particular aspect of the planning activities work, MPO shall seek guidance or
clarification from State’s Local Project Section Engineer or State’s Highway
Planning Manager, and shall make its best effort to comply with such guidelines
or clarification.
5.3 Loss of Funding. In order for MPO to receive federal funds for any part of the Eligible
Planning Activities under this Agreement, MPO shall perform the services for all aspects
of the Eligible Planning Activities, according to federal procedures and requirements.
Although federal funds may be allocated to the Eligible Planning Activities, all or certain
such activities may become ineligible for federal funds, if federal procedures and
requirements are not met.
SECTION 6. SUSPENSION OR TERMINATION
State may suspend or terminate this Agreement in the event federal funds are not available, for
any reason, to make reimbursements under this Agreement.
SECTION 7. FEDERAL AUDIT REQUIREMENT
7.1 The funding for the Eligible Planning Activities under this Agreement includes federal
monies from the FHWA. According to the Single Audit Act Amendments of 1996 and the
implementing regulations contained in 2 CFR, Subtitle A, Chapter 2, Part 200, Subpart F
(hereinafter Part 200), the Part 200 Audit is required if the non-federal entity expends
$750,000 or more in total federal awards in a fiscal year. Non-federal entity means state
and local governments and non-profit organizations.
7.2 MPO shall comply with the Single Audit mandate as described in Section 7.1. Any
federal funds for MPO Eligible Planning Activities paid directly to contractors or
consultants by State, on behalf of MPO, will be reported on State’s schedule of
expenditures of federal awards (SEFA) and need not be reported by MPO (as per
FHWA’s February 16, 2012, letter and State’s February 24, 2012, letter). If a Part 200
audit is necessary, the expenditures related to the federal funds expended for the
Eligible Planning Activities should be shown in the report’s Schedule of Expenditures of
the Federal Awards (SEFA).
7.3 If necessary, the Federal award information needed for the SEFA includes:
Federal Grantor: U.S. Department of Transportation – Federal Highway
Administration
Pass-Through Grantor: Nebraska Department of Transportation
Program Title: Highway Planning and Construction (Federal-Aid Highway
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Program)
CFDA Number: 20.205
Project Number: PLG-1(60)
7.4 If a Part 200 Audit is submitted by MPO, MPO shall notify the Nebraska Department of
Transportation, Highway Audits Manager, at P.O. Box 94759, Lincoln, NE 68509-4759
when the audit reporting package and the data collection form have been submitted to
the Federal Audit Clearinghouse (FAC) website.
SECTION 8. FINANCIAL RESPONSIBILITY
8.1 TOTAL COSTS AND FUNDING COMMITMENTS
The total cost of the Eligible Planning Activities is $167,863.41. The federal share
$134,290.73 is the sum of the carryover PL Funds from the last Fiscal Year $12,975.17 and
PL Funds from the upcoming Fiscal Year $121,315.56. The amount of new and carryover
PL Funds are estimated based on information available at the time of the agreement and
are subject to change. The availability of the PL Funds is based on the continuation of
existing funding levels. MPO has earmarked and has placed in its fiscal budget at least the
amount of the local match. MPO’s share may include both in kind services and a local
match. The in-kind services for these Eligible Planning Activities are estimated to be
$33,572.68. This Agreement may be supplemented if additional funding becomes
available.
9.1 MPO’S FINANCIAL RESPONSIBILITY
MPO understands that payment for the costs of the Eligible Planning Activities, are the
sole responsibility of MPO when Federal participation is not allowable or available or if
the planning activities are subsequently determined to be ineligible for Federal-aid
funding. Therefore, when the Federal government refuses to participate in the costs of
the planning activities, MPO is responsible for all costs with no reimbursement under this
Agreement.
8.3 REIMBURSEMENT OF ACTUAL COSTS INCURRED BY MPO
8.3.1 MPO incurred costs of Eligible Planning Activities may be reimbursed with
federal funds at actual costs if:
a.MPO submits an UPWP budget and FHWA approves such budget
b. State has obtained federal funds obligation
c.Eligible Planning Activities performed prior to July 1, 2022, and after June
30, 2023, are ineligible for Federal-aid reimbursement
d.MPO obtains the approval of State and of FHWA prior to the purchase of
any specialized equipment over $5,000. Specialized equipment is
equipment not ordinarily used or required in the regular administrative or
planning operations of MPO. Such equipment must be required for and
used primarily for Eligible Planning Activities. The cost of this specialized
equipment must be reasonable as determined by State or FHWA
e.MPO agrees to certify that items of equipment included in direct costs have
been excluded from the indirect costs
f.MPO submits invoices no more frequently than monthly and no less often
than quarterly and in accordance with this Agreement. MPO is responsible
for submitting for reimbursement the total actual costs expended that are
eligible for federal-aid. State, on behalf of FHWA, will review the costs
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submitted and determine what costs are eligible for reimbursement. State
will reimburse MPO for the Federal share of the eligible actual costs. MPO
shall retain detailed cost records supporting all invoices for three (3) years
after final cost settlement by FHWA and project closeout by the State. MPO
shall submit those records to State upon request.
g. All Invoices are submitted on or before August 29, 2023.
8.3.2 MPO is required to submit their reimbursement requests of actual costs incurred
to State’s Highway Planning Manager. All reimbursement requests (invoice,
progress report, required NDOT Forms, supporting material) must be submitted
electronically through State’s invoice workflow system OnBase, for review,
approval, and payment. The user guide for the OnBase system along with
training videos can be found at http://dot.nebraska.gov/business-
center/consultant/onbase-help/.
The reimbursement request package must include the following:
1. Invoice: The invoice must include the following:
a. MPO name and address
b. Invoice number
c. Invoice date
d. Invoicing period (beginning date and ending dates of services)
e. Agreement Number
f. Project identification (Project Number, Control Number, and Project
Location/Description)
e. Contact person for questions about the invoice
f. Breakdown of MPO’s expenses
i. Direct Labor Costs (hours worked multiplied by the actual labor rate)
ii. Labor Fringe Benefits and/or if appropriate Indirect (Overhead) Costs
iv. Direct Non-Labor Costs
v. Subcontractors/subconsultant expenses
g. Federal share and Local share to match the federal amount breakdown of
expense.
2. Cost Breakdown Form: Each reimbursement request package must include
a completed “Cost Breakdown Form” (NDOT Form 162lpa) properly
prepared, signed and dated. This form is available on the State’s website at
http://dot.nebraska.gov/business-center/consultant/.
3. Progress Report: A Progress Report must accompany the reimbursement
request and, in accordance with 23 CFR 420.117, must include the following:
a. Comparison of actual performance with established goals
b. Progress in meeting schedules
c. Comparison of budgeted (approved) amounts and actual costs incurred.
Cost overruns and underruns
e. Approved planning program revisions, and
f. Other pertinent supporting data
4. Breakdown of subcontractors/subconsultant expenses
a. Must be noted as paid and signed by appropriate representative
8.3.3 It is understood that when utilizing PL Funds for travel expenses related to
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Eligible Planning Activities outside MPO area, MPO will submit detailed travel
information to State either prior to the travel, or submitted with the PL billing
statement. The reimbursement for meal and lodging rates shall be actual costs
limited to the prevailing standard rate as indicated in the current website address
for U.S. General Services Administration’s (GSA) rates which is indicated below:
http://www.gsa.gov/portal/category/100120
8.3.4 State will perform an initial check to verify that all necessary documentation is
accurate and complete. State will reimburse MPO for the Federal share of the
actual costs of Eligible Planning Activities and will make a reasonable effort to
pay MPO within thirty (30) days of State’s receipt of MPO’s reimbursement
request.
8.3.5 The criteria contained in Part 31 of the Federal Acquisition Regulations System
(48 CFR 31) will be applied to determine whether the costs incurred by MPO are
allowable under this agreement, including any subcontractor/subconsultant
agreements.
8.3.6 Oversight costs include: direct costs, such as compensation of MPO employees
for their time devoted and related directly to the performance of the Eligible
Planning Activities for which the federal-aid was approved; cost of materials
consumed for the Eligible Planning Activities; and indirect costs, with an
approved Indirect Cost Allocation Plan as outlined in the LPA Guidelines Manual.
8.4 AUDIT AND FINAL COST SETTLEMENT
8.4.1 The final settlement between State and MPO will be made after final funding
review and approval by State and after an audit, if deemed necessary, has been
performed to determine eligible actual costs.
8.4.2 If deemed necessary, an audit will be performed by State to determine whether
the actual costs incurred for Eligible Planning Activities are eligible for
reimbursement with federal funds. The Parties understand that the audit may
require an adjustment of the reimbursement made under this Agreement. MPO
agrees to reimburse State for any overpayments identified in the audit review,
and State agrees to reimburse MPO for underpayments when appropriate.
MPO agrees to reimburse State for MPO’s share of State’s cost of performing the
audit. These costs will not exceed $2,500.
8.4.3 If MPO’s calculated share is more than the amount of local funds previously paid
to State, State will bill MPO for the difference. MPO agrees to pay the amount
due State within thirty (30) days of receipt of invoice.
8.4.4 If MPO’s calculated share is less than the amount of local funds previously paid
to State, State will reimburse MPO for the difference and will make a reasonable
effort to pay MPO within thirty (30) days of the completion of the audit.
SECTION 9. PROCUREMENT OF ENGINEERING AND DESIGN RELATED SERVICES
MPO shall procure engineering design related services (as defined in 23 CFR 172.3) using the
Qualifications Based Selection process set out in the LPA Guidelines Manual.
SECTION 10. PROFESSIONAL PERFORMANCE
It is understood by the Parties that MPO is solely responsible for all work product generated as
part of the Eligible Planning Activities completed under this Agreement. Any review or
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examination by State, or acceptance or use of the work product of MPO or its consultant will not
be considered to be a full and comprehensive review or examination and will not be considered
an approval, for funding or for any other purpose, of the work product of MPO and its consultant
which would relieve MPO from any expense or liability that would be connected with MPO’s sole
responsibility for the propriety and integrity of the work product to be accomplished by MPO or
its consultant.
SECTION 11. INDEMNITY
MPO agrees to hold harmless, indemnify, and defend State and FHWA against all liability, loss,
damage, or expense, including reasonable attorney’s fees and expert fees, that State or FHWA
may suffer as a result of claims, demands, costs, or judgments arising out of MPO’s work and
the terms of this Agreement.
SECTION 12. CONFLICT OF INTEREST LAWS
12.1 MPO shall review the Conflict of Interest provisions of 23 CFR 1.33, 49 CFR 18.36(b)(3)
and 2 CFR, and agrees to comply with all the Conflict of Interest provisions (including
applicable State and local provisions) in order for the Eligible Planning Activities to
remain fully eligible for State or Federal funding. MPO should review, understand and
follow the instructions provided in the NDOR CONFLICT OF INTEREST GUIDANCE
DOCUMENT FOR LPA OFFICIALS, EMPLOYEES & AGENTS FOR LOCAL
FEDERAL-AID TRANSPORTATION PROJECTS located on State’s website at the
following location: http://dot.nebraska.gov/media/7349/coi-guidance-doc-lpa.pdf
12.2 MPO must also complete, sign and submit to State’s Highway Planning Manager, the
NDOR CONFLICT OF INTEREST DISCLOSURE FORM FOR LPAS FOR LOCAL
FEDERAL-AID TRANSPORTATION PROJECTS. This form is located on State’s
website at the following location: http://dot.nebraska.gov/media/7323/coi-disclosure-doc-
lpa.pdf
12.3 Consultants, subconsultants, agents, or representatives providing services for MPO’s, or
submitting proposals for services, shall submit to MPO and State’s Highway Planning Manager
a Conflict of Interest Disclosure Form for Consultants. Consultants, subconsultants, agents, or
representative shall submit a revised form for any changes in circumstances, or discovery of
any additional facts that could result in someone employed by, or who has an ownership,
personal, or other interest with such entity or individual(s) having a real or potential conflict of
interest on MPO federal-aid transportation planning activities.
SECTION 13. DRUG FREE WORKPLACE
MPO shall have an acceptable and current drug-free workplace policy on file with State.
SECTION 14. RECORDS RESPONSIBILITY
14.1 MPO shall maintain all correspondence, files, books, documents, papers, accounting
records and other evidence pertaining to costs incurred and shall make such material
available at its office. These records shall be available at all reasonable times during the
contract period and for at least three years from the date of final cost settlement by
FHWA and project closeout by the State. Such records must be available for inspection
by State and the FHWA, Federal Transit Administration, or any authorized
representatives of the Federal government, and MPO shall furnish copies to those
mentioned in this section when requested to do so.
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14.2 Papers, interim reports, forms or other materials which are a part of the work under
contract will not be copyrighted without written approval of State and Federal Highway
Administration.
14.3 Either party to the Agreement may initiate a request for publication of the final or interim
reports, or any portions thereof.
14.4 Publication by either party shall give credit to the other party and to the Federal Highway
Administration. However, if State or Federal Highway Administration does not wish to
subscribe to the findings or conclusions of the Study the following statement shall be
included on the credit sheet: "The opinions, findings and conclusions expressed in this
publication are those of the authors and not necessarily those of State or Federal
Highway Administration."
14.5 In the event of failure of agreement between State and MPO relative to the publication of
any reports during the period of the contract, each party reserves the right to publish
independently, in which event the nonoccurrence of the other party shall be set forth, if
requested.
14.6 Both written and oral releases are considered to be within the context of publication.
However, there is no intention to limit discussion of the study with participants in the
Transportation Planning Program, small technical groups or lectures to employees or
students. Lectures to other groups which describe the plans are permissible.
14.7 Neither party shall publish nor otherwise disclose, nor permit to be disclosed or
published, the results of the investigation herein contemplated, during the period of the
Agreement, without notifying the other party.
14.8 When the scheduled time for presentation of a paper does not permit formal review and
approval of a complete report, a statement must be included in the paper and in the
presentation of the effect that the paper had not been reviewed by the appropriate other
party.
SECTION 15. FAIR EMPLOYMENT PRACTICES
If MPO performs any Eligible Planning Activities itself, MPO shall abide by the provisions of the
Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. § 48-1101 to 48-1126,
and all regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in the SECTION 19.
TITLE VI NONDISCRIMINATION CLAUSES of this Agreement. The reference to “Contractor”
in this section also means “MPO”.
SECTION 16. DISABILITIES ACT
MPO agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as
implemented by 28 CFR 35, which is hereby made a part of and included in this Agreement by
reference.
SECTION 17. LAWFUL PRESENCE IN USA AND WORK ELIGIBILITY STATUS
PROVISIONS
MPO agrees to comply with the requirements of Neb.Rev.Stat. § 4-108 to 4-114 with the Eligible
Planning Activities, including, but not limited to, the requirements of § 4-114(2) to place in any
contract it enters into with a public contractor a provision requiring the public contractor to use a
federal immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska.
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SECTION 18. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
18.1 Policy
MPO shall ensure that disadvantaged business enterprises as defined in 49 CFR
Part 26 shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal Funds under this Agreement.
18.2 Disadvantaged Business Enterprises (DBEs) Obligation
MPO and State shall ensure that disadvantaged business enterprises as defined in 49
CFR Part 26 have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with Federal Funds provided
under this Agreement. In this regard, MPO shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and perform contracts. MPO
shall not discriminate on the basis of race, color, sex, age, disability, or national origin in
the award and performance of FHWA assisted contracts.
SECTION 19. TITLE VI NONDISCRIMINATION CLAUSES
During the performance of this Agreement, MPO, for itself, its assignees and successors in
interest agrees as follows:
19.1 Compliance with Regulations:
MPO shall comply with the Regulations of the Department of Transportation relative to
nondiscrimination in federally assisted programs of the Department of Transportation
(Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
Agreement.
19.2 Nondiscrimination:
MPO, with regard to the work performed by it after award and prior to completion of the
contract work, shall not discriminate on the basis of disability, race, color, sex, age,
disability, religion or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. MPO shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set
forth in Appendix "A," "B," and "C" of Part 21 of the Regulations.
19.3 Solicitations for Subcontracts, Including Procurements of Materials and
Equipment:
In all solicitations either by competitive bidding or negotiation made by MPO for work to
be performed under a subcontract, including procurements of materials or equipment,
each potential subcontractor or supplier shall be notified by MPO of MPO's obligations
under this agreement and the Regulations relative to nondiscrimination on the basis of
disability, race, color, sex, religion or national origin.
19.4 Information and Reports:
MPO shall provide all information and reports required by the federal regulations, or
orders and instructions issued pursuant thereto, and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by
State or FHWA to be pertinent to ascertain compliance with such federal 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, MPO shall so certify
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to State, or FHWA as appropriate, and shall set forth what efforts it has made to obtain
the information.
19.5 Sanctions for Noncompliance:
In the event of MPO's noncompliance with the nondiscrimination provisions of this
Agreement, State will impose such contract sanctions as it or FHWA may determine to be
appropriate, including but not limited to,
(a) Withholding of payments to MPO under this Agreement until MPO complies, and/or
(b) Cancellation, termination or suspension of this Agreement, in whole or in part.
19.6 Incorporation of Provisions:
MPO shall include the provisions of sections 19.1 through 19.6 in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. MPO shall take such action
with respect to any subcontract or procurement as State or FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance: 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, MPO may request State to enter
into such litigation to protect the interests of State, and in addition, MPO may request the
United States to enter into such litigation to protect the interests of the United States.
SECTION 20. ENTIRE AGREEMENT
This Agreement embodies the entire agreement of the Parties. There are no promises, terms,
conditions, or obligations other than contained herein, and this Agreement supersedes all
previous communications, representations, or other agreements or contracts, either oral or
written hereto.
SECTION 21. CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS,
LOANS, AND COOPERATIVE AGREEMENTS
21.1 The undersigned certifies, to the best of his or her knowledge and belief, that:
21.1.1 No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
21.1.2 If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer of employee of
any federal 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.
21.1.3 The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, subgrants, loans, and cooperative
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agreements) and that all subrecipients shall certify and disclose accordingly.
21.2 This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
SECTION 22. PAPERWORK REDUCTION ACT PUBLIC BURDEN STATEMENT
A Federal agency may not conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a current valid OMB control number. The OMB
Control No. for this information collection is 2105-0555. The information requested on this form
is being collected and disseminated by the U.S. Department of Transportation, Office of the
Secretary as a courtesy to the public. Public burden reporting for this collection of information is
estimated to be 15 minutes per response, including time for reviewing instructions, and
completing and reviewing the collection of information. All responses to this collection are
mandatory. Send comments regarding the burden estimate or any other aspect of the collection
of information, including suggestions for reducing this burden, to: Information Collection
Clearance Office, US Department of Transportation, Office so Small and Disadvantaged
Business Utilization, Financial Assistance Division, 1200 New Jersey Ave., S.E., 5th Floor,
W56-448, Washington, DC 20590.
SECTION 23. PRIVACY ACT STATEMENT
The Privacy Act requires that we provide you with the following information regarding our use of
your Personally Identifiable Information. The information on this form is solicited under the
authority of Title 49 U.S.C. 332(b)(3)(4)(5) which authorizes DOT OSDBU to assist
Disadvantage Business Enterprises and Small and Disadvantaged Businesses in acquiring
access to working capital and to debt financing, in order to obtain transportation related
contracts funded by DOT. STLP loans are provided through lenders that serve as STLP
Participating Lenders (PL). The PLs enter into a Cooperative Agreement with DOT’s OSDBU.
The STLP is subject to budgeting and accounting requirements of the Federal Credit Reform
Act of 1990 (FCRA). The PL must carry out processes to activate, monitor, service and close
out STLP loans. To fulfill the requirements of FCRA, the PL submits reports and the forms to
OSDBU. Provisions of the requested information are voluntary; however it is a requirement of
the Cooperative Agreement.
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IN WITNESS WHEREOF, the Parties hereby execute this agreement pursuant to lawful
authority as of the date signed by each party.
EXECUTED by the MPO this _____ day of _______________________, 2022.
WITNESS: MPO Roger G. Steele ___________________________________ ___________________________________ Grand Island City Clerk Mayor of the City of Grand Island
EXECUTED by the State this _____ day of ______________________, 2022. STATE OF NEBRASKA
DEPARTMENT OF TRANSPORATION Ryan Huff, P.E.
___________________________________ Chief Strategy Officer Strategic Planning Division
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 1
FY 2023 Unified Planning Work Program
May 24, 2022
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | i
May 2022
The preparation of this document was financed in part with funding from the United States
Department of Transportation (USDOT), administered by the Nebraska Department of
Transportation (NDOT). The opinions, findings, and conclusions expressed in this publication
are those of the authors and do not necessarily represent USDOT or NDOT.
Title VI Notice: Grand Island Area Metropolitan Planning Organization (GIAMPO) fully complies
with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs
and activities.
Americans with Disabilities Act (ADA) Information:
Individuals requiring reasonable accommodations may request written materials in alternate
formats which include interpreter services, large print, readers, hearing assistance or other
reasonable accommodations by contacting the City of Grand Island at 308-385-5455.
Additional copies of this document may be obtained by contacting:
City of Grand Island
Public Works Department
City Hall
100 East First Street
Grand Island, NE. 68802
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | ii
Contents
Membership ............................................................................................................................... 1
Abbreviations and Acronyms ...................................................................................................... 3
Introduction ................................................................................................................................ 4
What is the UPWP? ................................................................................................................ 4
What is GIAMPO? .................................................................................................................. 4
Federal Requirements for Transportation Planning .................................................................... 6
Planning Emphasis Areas .......................................................................................................... 7
FY 2022 GIAMPO Accomplishments ......................................................................................... 7
MPO FY 2023 Work Elements ................................................................................................... 7
Element A - Unified Planning Work Program (UPWP) ............................................................ 8
Element B - Transportation Improvement Program (TIP) ........................................................ 8
Element C - Public Participation Plan (PPP) ..........................................................................10
Element D - Short Range Planning ........................................................................................11
Element E - Long Range Transportation Plan (LRTP) ...........................................................13
Element F - Transit Planning .................................................................................................14
Element G - Administration/System Management .................................................................16
Budget Table ............................................................................................................................18
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 1
Membership
Grand Island Area Metropolitan Planning Organization (GIAMPO)
Unified Planning Work Program for Fiscal Year 2023
Policy Board Members
Chair – Roger G. Steele
Vice-Chair – Mitch Nickerson
MPO Director/Secretary – John Collins
Grand Island Mayor: Roger G. Steele
Grand Island City Council Members: Mitch Nickerson, Jason Conley, Michelle Fitzke
Hall County Board of Supervisors Members: Ron Peterson, Gary Quandt
Hall County Regional Planning Commission Chairperson: Pat O’Neill
Nebraska Department of Transportation Director: John Selmer
Ex-Officio (non-voting) Members include:
FHWA Nebraska Division Administrator: Joseph Werning
FTA Region VII Administrator: Mokhtee Ahmad
Approved Ex-Officio (non-voting) Other Members:
City of Grand Island: Jerom Janulewicz, John Collins, Keith Kurz, Chad Nabity
Nebraska Department of Transportation: Craig Wacker, Wes Wahlgren
Federal Transit Administration: Mark Bechtel
Federal Highway Administration: Justin Luther
Exhibit "A"
Grand Island Council Session - 6/14/2022 Page 106 / 177
FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 2
Technical Committee Members
Chair – Chad Nabity
Vice Chair – Steve Riehle MPO Director/Secretary – John Collins
Grand Island City Engineer/Public Works Director: John Collins
Grand Island City Administrator: Jerom Janulewicz
Grand Island Manager of Engineering Services: Keith Kurz
Grand Island Transit Program Manager: Charley Falmlen
Hall County Regional Planning Director: Chad Nabity
Hall County Engineer: Steve Riehle
NDOT Highway Planning Manager: Craig Wacker
NDOT District Four Engineer: Wes Wahlgren
Merrick County Public Works Director or Highway Superintendent: Mike Meyer
One representative from the Village of Alda: Ramona Schafer
The Board of the Central Nebraska Regional Airport may appoint one representative: Mike
Olson
Ex-Officio (non-voting) Members:
FHWA Nebraska Division Transportation Planner or designee: Justin Luther
FTA Region VII Transportation Planner or designee: Mark Bechtel, Logan Daniels, Eva
Steinman
NDOT Local Projects Division Urban Engineer: Jodi Gibson
Grand Island Finance Director: Patrick Brown
Grand Island Street Superintendent: Shannon Callahan
One representative from the Union Pacific Railroad and one representative from the
Burlington Northern Santa Fe Railroad may be appointed to the committee by their
respective companies; other rail system operators may be added by the Policy Board as
needed: Sara Thompson Cassidy, Bentley Tomlin
One representative from the Grand Island Area Chamber of Commerce: Cindy Johnson
One representative from the Grand Island Area Economic Development Corporation: Mary
Berlie
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 3
Abbreviations and Acronyms
ADA Americans with Disabilities Act
AMPO Association of Metropolitan Planning Organizations
APA American Planning Association
CFR Code of Federal Regulations
CMAQ Congestion Mitigation Air Quality
DOD Department of Defense
DOT Department of Transportation
FAST Act Fixing America’s Surface Transportation Act
FHWA Federal Highway Administration
FLMA Federal Land Management Agency
FTA Federal Transit Administration
FY Fiscal Year
GIAMPO Grand Island Area Metropolitan Planning Organization
GIS Geographical Information System
HPMS Highway Performance Management System
LEP Limited English Proficiency
IIJA Infrastructure Investment and Jobs Act
LRTP Long Range Transportation Plan
MAP-21 Moving Ahead for Progress in the 21st Century Act
MPA Metropolitan Planning Area
MPO Metropolitan Planning Organization
NDOT Nebraska Department of Transportation
ONE DOT Federal Highway Administration and Federal Transit Administration
PEA Planning Emphasis Areas
PPP Public Participation Plan
STRAHNET Strategic Highway Network
TAC Technical Advisory Committee
TDM Travel Demand Model
TDP Transit Development Plan
TIP Transportation Improvement Program
UPWP Unified Planning Work Program
3-C Continuing, Cooperative, and Comprehensive
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 4
Introduction
What is the UPWP?
The purpose of the Unified Planning Work Program (UPWP) is to provide the citizens of the Grand
Island Area Metropolitan Planning Organization (GIAMPO) and all partnering governing bodies
with an outline of the Metropolitan Planning Organization’s (MPO) planned work activities for fiscal
year 2023 (July 1, 2022 to June 30, 2023). The UPWP is a budget document prepared annually,
and it may be amended by the GIAMPO Policy Board as priorities and activities change.
The UPWP provides guidance and serves as a management mechanism for scheduling,
budgeting, and evaluating the planning activities of GIAMPO. The UPWP defines the major
administrative and technical work elements for a specific planning year and identifies the major
sources of funding for these projects. The primary purpose of the UPWP is to ensure adherence
to/compliance with provisions of 23 CFR 450. The UPWP guides GIAMPO in completing the work
elements that lead to the development and implementation of the Long Range Transportation
Plan (LRTP) and Transportation Improvement Program (TIP).
The work elements defined in the UPWP are reviewed and approved by GIAMPO, ONE DOT
(Federal Highway Administration and Federal Transit Administration), and the Nebraska
Department of Transportation (NDOT) who in turn have designated the City of Grand Island as
the contracting agent responsible for administering and performing these elements approved
within the program.
What is GIAMPO?
The Grand Island Area Metropolitan Planning Organization (GIAMPO) is the federally required
Metropolitan Planning Organization (MPO) to carry out the Continuing, Cooperative, and
Comprehensive (3-C) transportation planning process for the Grand Island metropolitan region.
Responsibilities of GIAMPO include, but are not limited to:
Providing the forum for local decision-making on transportation issues of a regional nature.
Encouraging and seeking public involvement throughout the planning and development of
the area’s transportation plans and programs.
Facilitating the development of all planning elements for the Metropolitan Planning Area
Submitting transportation planning documents to the Federal Highway Administration
(FHWA), Federal Transit Administration (FTA), and Nebraska Department of
Transportation (NDOT).
GIAMPO is responsible for transportation planning activities within a geographic area identified
as the Metropolitan Planning Area (MPA). GIAMPO’s MPA is comprised of the City of Grand
Island, Village of Alda, portions of Hall County, and a portion of west Merrick County. The MPA is
shown in Figure 1.
Exhibit "A"
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FY 2023 Unified Planning Work Program
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Figure 1 – GIAMPO Metropolitan Planning Area (MPA)
GIAMPO’s structure is formed by two designated committees – Policy Board and Technical
Advisory Committee (TAC). GIAMPO staff provides support to these committees.
Policy Board
The Policy Board is the governing body of GIAMPO. It is comprised of mostly elected officials that
establish the overall policy direction for GIAMPO’s planning activities. The Policy Board has the
final responsibility of these activities, and it approves the MPO work products such as the UPWP,
LRTP, and TIP.
Technical Advisory Committee
The Technical Advisory Committee (TAC) is a staff-level committee, which advises the Policy
Board on technical matters related to MPO work products, transportation policies, and other
technical studies and plans considered by GIAMPO. The TAC can establish subcommittees to
provide technical and recommendations to them on transportation-related projects or issues. In
2016, a Non-Motorized subcommittee was created to act as the advisory body to the TAC on the
development of the GIAMPO Bicycle and Pedestrian Master Plan.
Staff
The GIAMPO staff will be available to aid local officials and concerned citizens in implementing
transportation and various community improvement programs in an overall effort to enhance the
Exhibit "A"
Grand Island Council Session - 6/14/2022 Page 110 / 177
FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 6
area. Staff members encourage and assist local leaders in several programs, with strong
emphasis on the benefits of regional cooperation and coordination. Currently, the GIAMPO staff
involved with transportation planning consists of a MPO Program Manager supported by the
Director of Public Works/City Engineer and the Public Works staff in conjunction with the Director
of the Hall County Regional Planning Department, and administrative staff.
MPO FY 2023 Staff Time Estimates
Staff (equivalent staff time) Estimated Staff Months Est. Hours
Professional Staff (MPO Program Manager) - Direct 11.08 1,920
Administrative Staff (Administrative Coordinator) - Direct 0.14 25
Federal Requirements for Transportation Planning
The Fixing America's Surface Transportation Act or "FAST Act", became law on December 4,
2015, and continues the Metropolitan Planning program. This program continues the federal
requirement of the metropolitan transportation planning process to be continuous, cooperative,
and comprehensive. The FAST Act includes ten (10) factors required for consideration in the
planning process. The UPWP includes work activities to be accomplished over fiscal year 2023
which will address these factors. The ten (10) factors are the following:
1. Support the economic vitality of the metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
2. Increase the safety of the transportation system for motorized and non-motorized users;
3. Increase the security of the transportation system for motorized and non-motorized users;
4. Increase the accessibility and mobility options available to people and for freight;
5. Protect and enhance the environment, promote energy conservation, improve the quality
of life, and promote consistency between transportation improvements and State and local
planned growth and economic development patterns;
6. Enhance the integration and connectivity of the transportation system, across and
between modes, for people and freight;
7. Promote efficient system management and operation;
8. Emphasize the preservation of the existing transportation system;
9. Improve the resiliency and reliability of the transportation system and reduce or mitigate
stormwater impacts of surface transportation; and
10. Enhance travel and tourism.
In November 2021 the Infrastructure Investment and Jobs Act (IIJA) was signed into law. This
legislation carries forward the policies, programs, and initiatives established by preceding
legislation (FAST Act and MAP-21) to maintain and improve the nation’s surface transportation
system. The IIJA carries forward and expands on these policies and introduces new policies and
programs that address new and emerging issues that face the nation’s transportation system.
These issues include mitigating impacts to existing infrastructure due to climate change,
developing and maintaining system resiliency, ensuring equity, researching and deploying new
technologies, and improving safety for all users.
Exhibit "A"
Grand Island Council Session - 6/14/2022 Page 111 / 177
FY 2023 Unified Planning Work Program
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Planning Emphasis Areas
The FHWA and FTA jointly issued new Planning Emphasis Areas in December 2021. The
Planning Emphasis Areas are areas that FHWA divisions and FTA regional offices should
emphasize when working with State Departments of Transportation (DOT) and MPOs as they
develop their planning work programs. These Planning Emphasis Areas are:
• Tackling the Climate Crisis – Transition to a Clean Energy Resilient Future
• Equity and Justice40 in Transportation Planning
• Complete Streets
• Public Involvement
• Strategic Highway Network (STRAHNET) / US Department of Defense (DOD)
Coordination
• Federal Land Management Agency (FLMA) Coordination
• Planning and Environment Linkages
• Data in Transportation Planning
The planning work of GIAMPO endeavors to consider each of these areas.
FY 2022 GIAMPO Accomplishments
The items listed below are the major activities completed during the previous fiscal year:
Approved amendments and/or administrative modifications to the 2045 Long Range
Transportation Plan, FY 2022-2026 Transportation Improvement Program, and FY 2022
Unified Planning Work Program
Adopted the FY 2023-2027 Transportation Improvement Program and FY 2023 Unified
Planning Work Program for the GIAMPO Metropolitan Planning Area
Adopted the MPO targets for CY 2022 safety performance measures
Adopted the Limited English Proficiency Plan
Initiated the process to develop the Transit Development Plan
Continued development and maintenance of planning data repository/GIS datasets
MPO FY 2023 Work Elements
The following pages detail the work elements that GIAMPO will undertake in FY 2023. These
elements are divided into Unified Planning Work Program, Transportation Improvement Program,
Public Participation Plan, Short Range Planning Activities, Long Range Transportation Plan,
Transit Planning, and Administration/System Management.
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 8
Element A - Unified Planning Work Program (UPWP)
Purpose:
Develop and maintain the annual UPWP and budget
Previous Work:
• Monitored and maintained the FY 2022 UPWP
• Developed the FY 2023 UPWP
• Prepared quarterly progress reports and reimbursement requests to NDOT
Activities:
• Maintain the FY 2023 UPWP and budget, and amend the work program and budget
through amendments or administrative modifications as needed
• Manage the GIAMPO funding streams and track the status of the UPWP budget and
activities
• Prepare quarterly progress reports that document activities accomplished and associated
with the UPWP work elements
• Prepare and submit quarterly reimbursement requests to NDOT
• Coordinate GIAMPO’s annual budget with the City of Grand Island’s annual budget
• Maintain the annual FHWA PL grant contract and any subsequent amendments
• Coordinate with planning partners regarding UPWP activities
• Prepare a “DRAFT” FY 2024 UPWP and budget
• Finalize and adopt the FY 2024 UPWP and budget
Work Products:
o Monitoring the FY 2023 UPWP and budget
o Quarterly progress reports and reimbursement requests
o Amendments and administration modifications to the FY 2023 UPWP as needed
o Annual “DRAFT” FY 2024 UPWP
o Annual “FINAL” FY 2024 UPWP
Budget- 200 MPO Program Manager Hours
Unified Planning Work Program Tasks Costs Schedule
Quarterly Progress Reports and Reimbursement Requests $3,012.68 Quarterly
FY 2023 UPWP Budget Amendments/Admin Modifications $2,259.51 Ongoing
“DRAFT” FY 2024 UPWP $6,778.53 3rd/4th Quarters
“FINAL” FY 2024 UPWP $1,506.34 4th Quarter
Other Activities (i.e. manage funding streams and budget) $1,506.34 Ongoing
Other Direct $1,000.00
Total Budget $16,063.40
Exhibit "A"
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FY 2023 Unified Planning Work Program
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Element B - Transportation Improvement Program (TIP)
Purpose:
Develop, maintain, and monitor a five-year program of transportation projects and the financial
plan that demonstrates the program can reasonably be implemented. GIAMPO will monitor the
program, and will also continue the effort to gain public input on significant projects, and will
provide mechanisms to inform the public of the funding availability for federal, state, and local
projects.
Previous Work:
• Monitored and maintained the FY 2022-2026 TIP
• Developed the FY 2023-2027 TIP
• Prepared the Annual Listing of Federally Obligated Projects for FY 2021
Activities:
• Develop the Annual Listing of Federally Obligated Projects for FY 2022
• Work with the City of Grand Island staff in developing the City’s one and six street
improvement plan for 2023
• Monitor the status of projects in the FY 2023-2027 TIP
• Maintain, revise, and amend the FY 2023-2027 TIP through amendments and
administrative modifications as needed
• Staff involvement on project related activities ensuring issues are properly identified and
adequately addressed for timely implementation
• Coordinate with planning partners regarding TIP activities
• Prepare the “DRAFT” FY 2024-2028 TIP, which includes the coordination of the self-
certification of the MPO Planning Process as required
• Finalize and adopt the FY 2024-2028 TIP
Work Products:
o Annual Listing of Federally Obligated Projects for FY 2022
o Amendments and administrative modifications to the FY 2023-2027 TIP as needed
o “DRAFT” FY 2024-2028 TIP
o “FINAL” FY 2024-2028 TIP
Budget- 175 MPO Program Manager Hours
Transportation Improvement Program Tasks Costs Schedule
Annual Listing of Federally Obligated Projects for FY 2022 $660.74 2nd Quarter
FY 2023-2027 TIP Amendments/Admin Modifications $1,321.47 Ongoing
Grand Island's 1 and 6 Year Street Improvement Plan $1,321.47 2nd Quarter
"DRAFT" FY 2024-2028 TIP $6,607.36 3rd/4th Quarters
Exhibit "A"
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FY 2023 Unified Planning Work Program
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Transportation Improvement Program Tasks Costs Schedule
"FINAL" FY 2024-2028 TIP $1,982.21 4th Quarter
Other Activities (i.e. monitor the FY 2023-2027) $1,321.47 Ongoing
Other Direct $1,000.00
Total Budget $14,214.71
Element C - Public Participation Plan (PPP)
Purpose:
Conduct public involvement activities in accordance with the Public Participation Plan (PPP) to
effectively and continuously engage public input for the transportation planning process.
Previous Work:
• Continued making updates and enhancements to the GIAMPO website
• Published notices for meetings and/or public comment periods of MPO work products
• Conducted public comment periods for MPO work products
• Began work on the Public Participation Plan Update
• Adopted the Limited English Proficiency (LEP) Plan, which comprised a Limited English
Proficiency analysis
Activities:
• Continuing education about the MPO and the purpose of the MPO. This will be done with
media interviews, GITV, and public speaking engagements with civic groups, as
requested.
• Develop publications (i.e. pamphlets, handouts, brochures) about the MPO planning
process and products as needed
• The GIAMPO website will be maintained and updated for meeting notices, agendas,
and/or minutes, and other information regarding transportation planning activities that
affect the region.
• Examine options for displaying GIAMPO Geographical Information System (GIS) data on
the web page
• Maintenance and updating of social media sites such as Facebook and Twitter to inform
interested parties on transportation planning activities
• Attend public information meetings for transportation improvement projects and/or studies
(as needed)
• Conduct public comment periods for MPO work products (i.e. UPWP and TIP)
• Publish notices for meetings and/or public comment periods of MPO work products (i.e.
UPWP and TIP)
• Continue to develop and expand GIAMPO databases for public participation particularly
environmental justice areas to assess the benefits and burdens of transportation
improvements
• Amend and revise the current Public Participation Plan as needed
Exhibit "A"
Grand Island Council Session - 6/14/2022 Page 115 / 177
FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 11
• Maintain the Title VI Implementation Plan
• Maintain the Limited English Proficiency Plan
• Prepare a “DRAFT” Public Participation Plan Update
Work Products
o Continue to update GIAMPO website
o Continue to update social media sites
o Amendments/administrative modifications to the current Public Participation Plan as
needed
o “DRAFT” Public Participation Plan Update
Budget - 200 MPO Program Manager Hours
Public Participation Plan Tasks Costs Schedule
Title VI Mitigation/Assessment, including LEP Plan $3,012.68 Ongoing
Current PPP Review $1,506.34 Ongoing
"DRAFT" PPP Update $4,519.02 1st/2nd Quarters
Website Development/Maintenance $3,012.68 Ongoing
MPO Education $1,506.34 Ongoing
Other Activities (i.e. public notices) $1,506.34 Ongoing
Other Direct (i.e. advertising) $1,500.00
Total Budget $16,563.40
Element D - Short Range Planning
Purpose:
Carry out ongoing short range planning activities like mapping, data collection and maintenance,
air quality, highway functional classification, and performance measures.
Previous Work:
• Adopted the MPO targets for CY 2022 safety performance measures
• Data interpretation
• Compiled data for GIAMPO planning area
• Developed a dataset for the City Geographic System (GIS) relating to crash data for
2020
• Prepared maps for FY 2023-2027 TIP
• Collected bicycle and pedestrians counts on multi-use trails
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 12
Activities:
• Coordinate with NDOT and other agencies in obtaining data for the GIAMPO planning
area
• Continue to develop or maintain a planning data repository for the GIAMPO planning area
(i.e. demographics, socioeconomic, traffic counts, crashes)
• Work with City of Grand Island’s GIS Coordinator to develop and/or update datasets for
the City Geographical Information System (GIS) including roads, sidewalks, bicycle
routes, trails, traffic counts, crashes, etc.
• Utilize GIS for map production, land use planning, socio-economic data analysis, and
traffic model interfacing
• Assist NDOT in Highway Performance Management System (HPMS) data collection (i.e.
traffic data collection)
• Provide technical assistance to local and state jurisdictions for their transportation projects
as needed
• Perform the following activities relating to performance measures:
Develop or update performance measures and targets in coordination with FHWA,
FTA, and NDOT relating to safety, pavement and bridge condition, system
performance, freight, CMAQ, and asset management
Conduct data collection and analysis related to transportation performance
measures
• Work with City of Grand Island’s GIS Coordinator to prepare maps for analysis,
presentation, and MPO work products
• Collect bicycle and pedestrian counts on multi-use trails and/or sidepaths
• Assist the City of Grand Island staff with preparing applications for funds such as
Recreational Trails Program, Congestion Mitigation Air Quality Program, and Statewide
Transportation Alternatives Set-Aside Program
• Coordinate with City of Grand Island Public Works staff on the review of transportation
projects and subdivision plans. This review recognizes the City’s Complete Streets policy
and guide.
• Review the information on the ambient air monitoring for PM2.5 in Grand Island, which is
operated by the Nebraska Department of Environmental and Energy
• Coordinate with NDOT on the development of an Electric Vehicle Infrastructure
Deployment Plan for Nebraska
• Analyze Census data as it becomes available
• Analyze and adjust Urbanized Boundary and MPO Boundary as Census data becomes
available
• Review and update the Highway Functional Classification System in coordination with
NDOT as needed
Work Products
o Performance measures and targets
o Planning data repository/GIS datasets
Exhibit "A"
Grand Island Council Session - 6/14/2022 Page 117 / 177
FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 13
Budget - 205 MPO Program Manager Hours
Short Range Planning Tasks Costs Schedule
Performance Measures $3,094.84 Ongoing
Data Collection $3,094.84 Ongoing
Planning Database Repository/GIS Datasets and Mapping $5,415.98 Ongoing
Other Activities (i.e. grant preparation) $3,868.56 Ongoing
Other Direct $1,000.00
Total Budget $16,474.22
Element E - Long Range Transportation Plan (LRTP)
Purpose:
Implement and maintain the LRTP with regards to the intent and requirements of the FAST Act
and guidance by the FHWA, FTA, and NDOT. This work element will support transportation
activities recommended by the LRTP that lead to the development of an integrated multimodal
transportation system to facilitate the safe and efficient movement of people and goods.
Previous Work:
• Reviewed TIP projects to ensure that TIP was consistent with the current LRTP
• Amended and revised the current LRTP
• Completed the following activities for the Transit Development Plan (TDP) – developed
and solicited a Request for Qualifications, selected a consultant, and initiated the TDP
process (data collection, public involvement, baseline system assessment, and scenario
assessment)
Activities:
• Amend and/or revise the LRTP as necessary
• Revisions to the GIAMPO Bicycle and Pedestrian Master Plan as needed
• Maintain and refine the regional travel demand model as needed
• Analyze socioeconomic changes and land use proposals since the adoption of LRTP
• Continue to develop environmental database to be used in conjunction with the LRTP
objectives (ongoing as data is available)
• Coordinate federal performance measures with FHWA, FTA, and NDOT and continue
working on the performance monitoring and reporting required by the FAST Act for
inclusion with the LRTP
• Assist NDOT with statewide Long Range Transportation Plan as needed
• Coordinate with NDOT’s Freight Planning activities such as serving on the State Freight
Advisory Committee and providing input towards the Nebraska Statewide Freight Plan
Update. This activity supports the GIAMPO LRTP goals of multimodal connectivity and
accessibility and economic vitality.
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 14
• Coordinate the LRTP with the Comprehensive Plan and Regulation Update for the City of
Grand Island and Hall County
• Continue the development of the Transit Development Plan, which includes activities such
as data collection, public involvement, financial and implementation plan, TDM
documentation. The TDP is anticipated to be completed by November 2022.
Work Products:
o Current LRTP amendments and/or revisions
o Current Travel Demand Model maintenance
o Transit Development Plan
Budget- 515 MPO Program Manager Hours
Long Range Transportation Plan Tasks Costs Schedule
Amendment and/or Revisions to the Current LRTP $7,764.50 Ongoing
Transit Development Plan - GIAMPO Staff $11,646.75 Ongoing
Other Activities $19,411.25 Ongoing
Other Direct $1,000.00
Total Budget $39,822.49
Element F - Transit Planning
Purpose:
This work element will conduct and coordinate the planning activities of the City Transit Program
to meet applicable federal, state, and municipal requirements.
Previous Work:
• Prepared transit elements for the FY 2023 UPWP and FY 2023-2027 TIP
• Completed the following activities for the Transit Development Plan (TDP) – developed
and solicited a Request for Qualifications, selected a consultant, and initiated the TDP
process (data collection, public involvement, baseline system assessment, and scenario
assessment)
Activities:
• Prepare transit elements for the FY 2024 UPWP and FY 2024-2028 TIP
• Coordinate transit-related amendments/revisions to the FY 2023 UPWP, FY 2023-2027
TIP, and LRTP as needed
• Perform the following activities relating to performance measures:
Establish or update performance measures and targets in coordination with FTA,
NDOT, and the City of Grand Island relating to transit asset management and
safety
Exhibit "A"
Grand Island Council Session - 6/14/2022 Page 119 / 177
FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 15
Conduct data collection and analysis related to transit performance measures
• Evaluate and track transit services and activities (i.e. identify gaps, monitor ridership)
• Maintain the annual FTA Section 5305 grant contract and any subsequent amendments
• Attend relevant trainings, workshops, conferences, webinars, and other educational
opportunities that include; but not limited to:
National Transit Institute
FTA
NDOT
• Prepare for and/or attend relevant transit-related meetings
• Provide support to FTA grants for transit services in the Grand Island urbanized area
• Prepare quarterly progress reports and reimbursement requests (transit-related) to NDOT
• Assist the City of Grand Island Transit Program with the implementation of the fiscally
constrained plan from the Regional Transit Needs Assessment and Feasibility Study
• Continue the development of the Transit Development Plan, which includes activities such
as data collection, public involvement, financial and implementation plan, TDM
documentation. The TDP is anticipated to be completed by November 2022.
• Provide support to the FTA Triennial Review
• Participate in the process with selecting a public transit provider for the City of Grand
Island Transit Program
• Coordinate with the City of Grand Island Transit Program on safety data collection as
needed
Work Products:
o Performance measures and targets
o Transit elements of the FY 2024 UPWP and FY 2024-2028 TIP
o Transit Development Plan
Budget - 235 MPO Program Manager Hours
Transit Planning Tasks Costs Schedule
Performance Measures $886.69 4th Quarter
Transit Elements of UPWP and TIP $3,546.75 3rd/4th Quarters
Data Collection and Analysis $3,546.75 Ongoing
Other Activities (i.e. transit-related meetings) $2,660.06 Ongoing
Transit Development Plan - GIAMPO Staff $7,093.49 Ongoing
Transit Development Plan - Outside Consultant Section 5307 $70,000.00 Ongoing
Other Direct (Travel, Training, Misc.) $1,500.00
Total Budget $89,233.73
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 16
Element G - Administration/System Management
Purpose:
Carry out the administrative duties of the MPO. Activities include organizing meetings, producing
agenda, minutes, committee support, coordination of agencies, and the general administration of
the MPO. In addition, attend various meetings, conferences, workshops and training.
Previous Work:
• Held Policy Board and TAC meetings, including preparing agendas, minutes, and
supporting documents
• Set meeting schedules for the Policy Board and TAC for calendar year 2022
• Held monthly GIAMPO staff meetings, including preparing agendas and supporting
documents
• Attended Transportation Research Board Committee meetings
• Attended Association of Metropolitan Planning Organization meetings
Activities:
• Support the Policy Board and TAC, which includes the following detailed activities and all
other related activities:
Develop, compile, and distribute meeting packets, including agendas, staff reports,
and any additional information
Prepare presentations for meetings as needed
Record and transcribe meeting minutes
Provide training for new Policy Board and TAC members as needed
Maintain Policy Board and TAC bylaws
Maintain membership and contact lists
• Support the Non-Motorized Subcommittee (TAC subcommittee), which includes the
following detailed activities and all other related activities:
Develop and distribute meeting agendas and other information
Prepare presentations for meetings as needed
Maintain membership and contacts
• Attend relevant trainings, workshops, conferences, webinars, and other educational
opportunities that include; but not limited to:
National Highway Institute
FHWA
NDOT
Nebraska Chapter of American Planning Association annual conference and other
workshops
Nebraska Chapter of American Planning Association Fall Symposium
Association of Metropolitan Planning Organizations
Institute of Transportation Engineers
Transportation Research Board
• Prepare for and/or attend relevant transportation-related meetings that include; but not
limited to:
Exhibit "A"
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FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 17
GIAMPO staff meetings
MPO Coordination meetings
NDOT-related meetings
Grand Island Resiliency Committee meetings
Grand Island Livable Community Core Team meetings
• Comply with federal and state MPO certification requirements and review federal/state
policies and guidance regarding metropolitan transportation planning and incorporate
changes as necessary
• Continue to evaluate the Planning Emphasis Areas (jointly issued by FHWA and FTA in
December 2021) to consider updates on activities in future work programs
• Review and certify the transportation planning process
• Complete timesheets to include with quarterly reimbursement requests
• Prepare for and/or attend employee-related activities such as performance evaluation,
work benefits, etc.
• Perform other administrative duties such as maintaining GIAMPO-related records,
providing GIAMPO-related documents to the City of Grand Island Finance Department for
the annual city audit, updating agreements as needed, etc.
• Purchase TransCAD technical support and software maintenance for a period of one year
Work Products:
o Meeting agendas, minutes, support documents, and/or presentations for Policy Board,
TAC, and Non-Motorized Subcommittee
o General Administration of the established 3-C Transportation Planning Process for
GIAMPO. This includes attending educational opportunities, transportation-related
meetings, and employee-related activities.
Budget- 415 MPO Program Manager/Admin Staff Hours
Administration/Systems Management Tasks Costs Schedule
Provide Support for Policy Board, TAC, & Subcommittees $9,151.87 Ongoing
Meeting Minutes and Other Documentation $4,575.93 Ongoing
General Administration of GIAMPO $16,778.43 Ongoing
Other Direct
Office Expenses $4,500.00
Computer Services/Hardware $6,000.00
Software Maintenance/Support TransCAD $1,500.00
Organizational Membership Fees $500.00
Travel, Training, Conferences, & Mileage Reimbursement $5,500.00
Total Budget $48,506.23
*Office/operating expense include meeting expenses, office equipment and supplies, copier fees, postage, telephone, etc.
Exhibit "A"
Grand Island Council Session - 6/14/2022 Page 122 / 177
FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 18
Total UPWP Budget
It is anticipated that the cost of implementing this UPWP for GIAMPO will be $240,878.18 during
FY 2023. Based on the formula funding for MPOs in Nebraska, in FY 2023 GIAMPO is eligible for
up to $134,290.73 Federal Highway Planning funds and $68,707.20 Federal Transit Section 5305
funds for staffing and other expenses. An additional $56,000.00 Federal Transit Section 5307 is
programmed for a Transit Development Plan. The City of Grand Island, by agreement, provides
at least a 20% match. Total revenue for the MPO planning program equals $323,747.41.
Budget Table
Direct Labor - MPO Program Manager 200 9,724.00 7,779.20 1,944.80 9,724.00
Fringe/Indirect - MPO Program Manager 5,339.40 4,271.52 1,067.88 5,339.40
Other Direct 1,000.00 800.00 200.00 1,000.00
Total Unified Planning Work Program $16,063.40 $12,850.72 $3,212.68 $16,063.40
Direct Labor - MPO Program Manager 175 8,530.60 6,824.48 1,706.12 8,530.60
Fringe/Indirect - MPO Program Manager 4,684.11 3,747.29 936.82 4,684.11
Other Direct 1,000.00 800.00 200.00 1,000.00
Total Transportation Improvement Program $14,214.71 $11,371.77 $2,842.94 $14,214.71
Direct Labor - MPO Program Manager 200 9,724.00 7,779.20 1,944.80 9,724.00
Fringe/Indirect - MPO Program Manager 5,339.40 4,271.52 1,067.88 5,339.40
Other Direct 1,500.00 1,200.00 300.00 1,500.00
Total Public Participation Plan $16,563.40 $13,250.72 $3,312.68 $16,563.40
Direct Labor - MPO Program Manager 205 9,989.20 7,991.36 1,997.84 9,989.20
Fringe/Indirect - MPO Program Manager 5,485.02 4,388.02 1,097.00 5,485.02
Other Direct 1,000.00 800.00 200.00 1,000.00
Total Short Range Studies $16,474.22 $13,179.38 $3,294.84 $16,474.22
Direct Labor - MPO Program Manager 515 25,061.40 20,049.12 5,012.28 25,061.40
Fringe/Indirect - MPO Program Manager 13,761.09 11,008.87 2,752.22 13,761.09
Other Direct 1,000.00 800.00 200.00 1,000.00
Total Long Range Transportation Plan $39,822.49 $31,857.99 $7,964.50 $39,822.49
Direct Labor - MPO Program Manager 235 11,447.80 9,158.24 2,289.56 11,447.80
Fringe/Indirect - MPO Program Manager 6,285.93 5,028.74 1,257.19 6,285.93
Transit Development Plan - Outside Consultant Section 5307 70,000.00 56,000.00 14,000.00 70,000.00
Other Direct 1,500.00 1,200.00 300.00 1,500.00
Total Transit Planning $89,233.73 $71,386.98 $17,846.75 $89,233.73
UPWP
TIP
Category Total
Grand Island Area Metropolitan Planning Organization
DISTRIBUTION OF COSTS BY WORK ELEMENT
FY 2023 UPWP
FY 2023 FHWA PL AND FTA 5305 - PROGRAM COSTS
July 1, 2022 - June 30, 2023
Project Number - PLG-1 (60), Control Number - TBD, Agreement No. - TBD
Cost Category Est. Work Hours NE Federal 80%Grand Island 20%Total 100%
PPP
Short Range Planning
LRTP
Transit Planning
Exhibit "A"
Grand Island Council Session - 6/14/2022 Page 123 / 177
FY 2023 Unified Planning Work Program
FY 2023 Unified Planning Work Program | 19
Direct Labor - MPO Program Manager 390 18,961.80 15,169.44 3,792.36 18,961.80
Fringe/Indirect - MPO Program Manager 10,411.83 8,329.46 2,082.37 10,411.83
Direct Labor - Administrative Assistance 25 973.56 778.85 194.71 973.56
Fringe/Indirect - Administrative Assistance 159.04 127.23 31.81 159.04
Office Expenses 4,500.00 3,600.00 900.00 4,500.00
Computer Services 6,000.00 4,800.00 1,200.00 6,000.00
Software Maintenance/Support TransCAD 1,500.00 1,200.00 300.00 1,500.00
Individual and Organizational Membership Fees 500.00 400.00 100.00 500.00
Travel, Training, Conferences, & Mileage Reimbursement 5,500.00 4,400.00 1,100.00 5,500.00
Total Administration/System Management $48,506.23 $38,804.98 $9,701.25 $48,506.23
Direct Labor FHWA 1710 82,964.56 66,371.65 16,592.91 82,964.56
Fringe/Indirect FHWA 45,179.89 36,143.91 9,035.98 45,179.89
Other Direct 23,500.00 18,800.00 4,700.00 23,500.00
Grand Total FHWA PL UPWP $151,644.45 $121,315.56 $30,328.89 $151,644.45
Direct Labor FTA 235 11,447.80 9,158.24 2,289.56 11,447.80
Fringe/Indirect FTA 6,285.93 5,028.74 1,257.19 6,285.93
Other Direct (includes Transit Development Plan)71,500.00 57,200.00 14,300.00 71,500.00
Grand Total FTA Section 5305 and 5307 $89,233.73 $71,386.98 $17,846.75 $89,233.73
NOTES:
Total Highway Planning Federal Highway Administration - FHWA $151,644.45 $121,315.56 $30,328.89 $151,644.45
Total Transit Federal Transit Administration - FTA 5305 $19,233.73 $15,386.98 $3,846.75 $19,233.73
Total Transit Federal Transit Administration - FTA 5307 $70,000.00 $56,000.00 $14,000.00 $70,000.00
Total FY 2023 UPWP $240,878.18 $192,702.54 $48,175.64 $240,878.18
FHWA Available Revenue *$167,863.41 $134,290.73 $33,572.68 $167,863.41
FTA 5305 Available Revenue**$85,884.00 $68,707.20 $17,176.80 $85,884.00
FTA 5307 Available Revenue $70,000.00 $56,000.00 $14,000.00 $70,000.00
Remaining FHWA Funds $16,218.96 $12,975.17 $3,243.79 $16,218.96
Remaining 5305 FTA Funds $66,650.27 $53,320.22 $13,330.05 $66,650.27
Remaining FTA 5307 Funds $0.00 $0.00 $0.00 $0.00
Total Program Funds Remaining $82,869.23 $66,295.39 $16,573.85 $82,869.23
* FHWA PL Funds:
- FY 2023 Allocation - $134,290.73 (Even distribution - $40,000 and Population based distrbution - $94,290.73)
** FTA Section 5305 Funds:
- FY 2023 Allocation - $31,260.00
- FY 2022 Carryover - $37,447.20
FHWA 2023
FTA 2023
Administration/
System Management
Other Direct
Category Total
Grand Island Area Metropolitan Planning Organization
DISTRIBUTION OF COSTS BY WORK ELEMENT
FY 2023 UPWP
FY 2023 FHWA PL AND FTA 5305 - PROGRAM COSTS
July 1, 2022 - June 30, 2023
Project Number - PLG-1 (60), Control Number - TBD, Agreement No. - TBD
Cost Category Est. Work Hours NE Federal 80%Grand Island 20%Total 100%
Exhibit "A"
Grand Island Council Session - 6/14/2022 Page 124 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-157
WHEREAS, the Grand Island Area Metropolitan Planning Organization
(GIAMPO) in cooperation with the Nebraska Department of Transportation has prepared a
Unified Planning Work Program (UPWP) for the purpose of assisting the Local Planning
Agency (LPA) in obtaining Federal approval and financial assistance to ensure a continued,
comprehensive, and cooperative transportation planning process between the state and local
governments for the Grand Island Metropolitan Planning Area for Fiscal Year 2023; and
WHEREAS, the Nebraska Department of Transportation has prepared a Planning
Agreement for Fiscal Year 2023 for the Grand Island Area Metropolitan Planning Organization
(GIAMPO) for the purpose of providing partial funding of GIAMPO transportation planning
activities scheduled to be performed commencing July 1, 2022, as outlined in the Unified
Planning Work Program (UPWP) attached to such agreement; and
WHEREAS, the total cost of the Eligible Planning Activities under such
agreement is currently estimated to be $167,863.41, with the federal share estimated at
$134,290.73 and the MPO share estimated at $33,572.68 for Fiscal Year 2023, which begins July
1, 2022 and ends June 30, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, the agreement with the Nebraska
Department of Transportation for the purpose of providing partial funding of Grand Island Area
Metropolitan Planning Organization’s (GIAMPO) transportation planning activities scheduled to
be performed commencing July 1, 2022, as outlined in the Unified Planning Work Program.
attached to such agreement is hereby approved
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute the Planning Agreement for Fiscal Year 2023.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 125 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-10
#2022-158 - Approving Amendment No. 2 to Engineering
Consulting Services for Lift Station No. 28 Equalization Tank;
Project No. 2022-S-3
Staff Contact: Keith Kurz PE, Interim Public Works Director
Grand Island Council Session - 6/14/2022 Page 126 / 177
Council Agenda Memo
From:Keith Kurz PE, Interim Public Works Director
Meeting:June 14, 2022
Subject:Approving Amendment No. 2 to Engineering Consulting
Services for Lift Station No. 28 Equalization Tank;
Project No. 2022-S-3
Presenter(s):Keith Kurz PE, Interim Public Works Director
Background
Lift Station No. 28 Equalization Tank; Project No. 2022-S-3 is for the construction of a
new sanitary sewer pump station and buffer tank that will extend the useful life of
existing Lift Station No. 28 by effectively improving its peak capacity. Lift Station No.
28 is located northeast of the intersection of Husker Highway/James Road. Based on a
2021 update to the 2014 Wastewater Collection System Master Plan, the pipes directly
upstream of Lift Station No. 28 will surcharge in peak capacity events in the near future.
Several options were evaluated to solve this problem, with the most effective treatment
being to install an extra pump station and a storage tank to essentially increase peak
pump capacity by pumping the additional flow into a storage tank and discharging stored
wastewater when downstream system capacity allows. Along with a new pump station
and storage tank, a control system will be required to control operations. Associated
paving, sidewalk, traffic control and all other items needed to complete the project will be
included.
On October 12, 2021, via Resolution No. 2021-272, City Council approved an agreement
with Olsson, Inc. of Grand Island, Nebraska in the amount of $36,700.00 for Lift Station
No. 28 Equalization Tank; Project No. 2022-S-3.
On January 11, 2022, via Resolution No. 2022-9, City Council approved Amendment No.
1 to the original agreement with Olsson, Inc. to allow for geotechnical investigation, final
design, and bidding services. Such amendment resulted in an increase of $98,100.00 to
the original agreement.
Discussion
To allow for construction engineering services of Lift Station No. 28 Equalization Tank;
Project No. 2022-S-3 Amendment No. 2 to the original agreement with Olsson, Inc. is
Grand Island Council Session - 6/14/2022 Page 127 / 177
being requested. This amendment will be in the amount of $108,300.00 for a revised
agreement of $243,100.00.
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. 2 to the
original agreement with Olsson, Inc. of Grand Island, Nebraska, in the amount of
$108,300.00.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 6/14/2022 Page 128 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-158
WHEREAS, on October 12, 2021, via Resolution No. 2021-272, City Council
approved an agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $36,700.00
for Lift Station No. 28 Equalization Tank; Project No. 2022-S-3; and
WHEREAS, on January 11, 2022, via Resolution No. 2022-9, City Council
approved Amendment No. 1 to the original agreement to allow for geotechnical investigation,
final design, and bidding services for an agreement increase of $98,100.00; and
WHEREAS, the original agreement is now being amended to allow for
construction engineering services; and
WHEREAS, such amendment is in the amount of $108,300.00, for a revised
agreement amount of $243,100.00; and
WHEREAS, Amendment No. 2 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. 2 with Olsson, Inc.
of Grand Island, Nebraska for engineering consulting services related to Lift Station No. 28
Equalization Tank; Project No. 2022-S-3 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, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 129 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-11
#2022-159 - Approving Certificate of Final Completion for Bridge
Joint Repairs 2020-2021
Staff Contact: Keith Kurz PE, Interim Public Works Director
Grand Island Council Session - 6/14/2022 Page 130 / 177
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:June 14, 2022
Subject:Approving Certificate of Final Completion for Bridge
Joint Repairs 2020-2021
Presenter(s):Keith Kurz PE, Interim Public Works Director
Background
Wilke Contracting Corp. of Kearney, Nebraska was awarded a $85,714.40 contract by the
City Council on March 23, 2021, via Resolution No. 2021-65, for Bridge Joint Repairs
2020-2021.
On December 28, 2021, via Resolution No. 2021-365, City Council approved Change
Order No. 1 at no additional cost to allow additional time for project completion.
Discussion
The project was completed in accordance with the terms, conditions and stipulations of
the contract, plans and specifications. Construction was completed at a total cost of
$84,647.08, resulting in an underrun of $1,067.32. The project underrun was due to less
pavement repair needed than original planned.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for Bridge Joint Repairs 2020-2021.
Sample Motion
Move to approve the Certificate of Final Completion for Bridge Joint Repairs 2020-2021.
Grand Island Council Session - 6/14/2022 Page 131 / 177
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Bridge Joint Repairs 2020-2021
CITY OF GRAND ISLAND, NEBRASKA
June 14, 2022
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Bridge Joint Repairs 2020-2021 has been fully completed by Wilke Contracting Corp. of
Kearney, Nebraska under the contract dated April 13, 2021. The work has been completed in accordance with
the terms, conditions, and stipulations of said contract and complies with the contract, the plans and
specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works
Director in accordance with the provisions of Section 16-650 R.R.S., 1943.
Bridge Joint Repairs 2020-2021
Item
No.Description Total
Quantity Unit Unit Price Total Cost
1 Mobilization/Demobilization 1.00 LS $ 6,950.00 $ 6,950.00
2 Traffic Control 1.00 LS $ 8,250.00 $ 8,250.00
3 Precompressed Polyurethane Foam Joint, Type A 173.60 LF $ 82.00 $ 14,235.20
4 Clean & Reseal Joint 1,675.30 LF $ 4.00 $ 6,701.20
5 Pavement Repair 65.50 SY $ 715.00 $ 46,832.50
6 4” Median Repair 19.74 SY $ 85.00 $ 1,678.18
Total Bid Section #1= $84,647.08
I hereby recommend that the Engineer’s Certificate of Final Completion for Bridge Joint Repairs 2020-2021 be
approved.
__________________________________________________________________________________
Keith Kurz, PE- Interim City Engineer/Public Works Director Roger G. Steele – Mayor
Grand Island Council Session - 6/14/2022 Page 132 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-159
WHEREAS, the City Engineer/Public Works Director for the City Of Grand
Island has issued a Certificate of Completion for Bridge Joint Repairs 2020-2021, certifying that
Wilke Contracting Corp. of Kearney, Nebraska, under contract, has completed the necessary
repairs in the total amount of $84,647.08; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the project; and
WHEREAS, the Mayor concurs with the recommendation of the City
Engineer/Public Works Director.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion,
for Bridge Joint Repairs 2020-2021, in the amount of $84,647.08, is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 133 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-12
#2022-160 - Approving Award of Proposal for General
Governmental Insurance Services
Staff Contact: Patrick Brown
Grand Island Council Session - 6/14/2022 Page 134 / 177
Council Agenda Memo
From:Patrick Brown, Finance Director
Meeting:June 14, 2022
Subject:Approving Award of General Governmental Insurance
Services
Presenter(s):Patrick Brown, Finance Director
Background
Due to the change in the City’s Municipal Code (27-12), it has been over 10 years since
General Governmental Insurance Services has been open for bid. On March 11, 2022 the
City issued a Request for Proposal (RFP) for General Governmental Insurance Services.
The requested services included the following;
Advise the City in matters relating to general governmental insurance and other
products
Provide advice on selecting, purchasing and administering a fiscally conservative
insurance program
Support for: plan design, annual renewals, plan utilization reviews, underwriting
review, vendor service monitoring, merger and acquisitions, claim audits
Provide advice on the marketplace including differences between insurers, market
place trends and changes in legislation
Manage expectations surrounding cost, service and deliverables from all parties
involved
Provide continuous support
The successful bidder would have access to the following insurance markets;
Property and Casualty
Contractor’s Equipment
Workers’ Compensation
Automobile
General Liability
Water Park General Liability
Law Enforcement Liability
Crime – Employee Dishonesty
Linebacker Policy
Excess markets
Fiduciary Liability
Cyber Liability
Grand Island Council Session - 6/14/2022 Page 135 / 177
Discussion
Two (2) proposals were received and opened on April 7, 2022.
Ryder Rosacker McCue & Huston of Grand Island, NE.
FNIC of Grand Island, NE.
Proposals were evaluated and ranked based upon the following criteria;
Evaluation Criteria (phase one)
Broker Qualifications and Experience 35
Account Manager Qualifications and Experience 25
Service Team Qualifications and Experience 25
Proposed Service Fee 15
Total Points 100
Evaluation Criteria (phase two)
Interview Presentation 25
References 25
Total Points 50
The evaluation team consisted of the Finance Director, Interim City Attorney, Assistant
Finance Director, and the Human Resource Director. The evaluation team chose FNIC
for the services they could provide at a flat rate.
FNIC offered an annual service fee of $71,500 and would be agreeable to keep that rate
for 5 years. Any commissions FNIC would earn will be fully disclosed and credited
against the fee amount.
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.Take no action.
Recommendation
Staff recommends Council consent to approving the award of the proposal to FNIC of
Grand Island, NE.
Sample Motion
Move to approve award of the proposal to FNIC of Grand Island, NE.
Grand Island Council Session - 6/14/2022 Page 136 / 177
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
GENERAL GOVERNMENTAL INSURANCE SERVICES
RFP DUE DATE:April 7, 2022 at 4:00 p.m.
DEPARTMENT:Finance
PUBLICATION DATE:March 14, 2022
NO. POTENTIAL BIDDERS:2
PROPOSALS RECEIVED
Ryder Rosacker McCue & Huston FNIC
Grand Island, NE Grand Island, NE
cc:Patrick Brown, Finance Director Jerry Janulewicz, City Administrator
Stacy Nonhof, Purchasing Agent
P2368
Grand Island Council Session - 6/14/2022 Page 137 / 177
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Grand Island Council Session - 6/14/2022 Page 141 / 177
Grand Island Council Session - 6/14/2022 Page 142 / 177
Grand Island Council Session - 6/14/2022 Page 143 / 177
Grand Island Council Session - 6/14/2022 Page 144 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-160
WHEREAS, on March 11, 2022 request for proposals were solicited to provide
general governmental insurance services; and
WHEREAS, proposals were due April 7, 2022; and
WHEREAS, FNIC submitted a proposal in accordance with the terms of the
Request for Proposals, such proposal being in the amount of $71,500 for 2022-2023, with
subsequent renewal options.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal by FNIC of $71,500 to
provide general governmental insurance services to the City for fiscal year 2022-2023 with
renewal options, is hereby approved as the best evaluated proposal submitted for that purpose.
BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed
to execute such agreements on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2022
_______________________________________
Roger Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 145 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-13
#2022-161 - Approving City Council Study Session for October 18,
2022 for Island Oasis Master Plan
Staff Contact: Todd McCoy
Grand Island Council Session - 6/14/2022 Page 146 / 177
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:June 14, 2022
Subject:Schedule of Island Oasis Facility Evaluation and Master
Plan Study Session
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
In April City Council approved a consulting services agreement with Waters Edge
Aquatic Design of Lenexa, Kansas to provide a Comprehensive Facility Evaluation and
Master Plan in the amount of $54,700.00.
Discussion
The facility evaluation and master planning is underway and will be completed this fall.
Staff recommends scheduling a City Council Study Session meeting on October 18, 2022
at 7:00 pm at City Hall so that Waters Edge can present their report and
recommendations.
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 City Council approve the scheduling of a Study
Session meeting for October 18, 2022 at 7:00 p.m. so that Waters Edge Aquatic Design
of Lenexa, Kansas can make a presentation regarding the facility evaluation and master
planning for Island Oasis Water Park.
Sample Motion
Move to approve the Island Oasis Master Plan Study Session for October 18, 2022.S
Grand Island Council Session - 6/14/2022 Page 147 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-161
WHEREAS, the City of Grand Island approved a consulting services agreement
with Waters Edge Aquatic Design of Lenexa, Kansas to provide a Comprehensive Facility
Evaluation and Master Plan; and
WHEREAS, the facility evaluation and master planning will be completed this
fall; and
WHEREAS, City staff recommends scheduling a City Council Study Session
meeting on October 18, 2022 at 7:00 pm at City Hall so that Waters Edge can present their report
and recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that a Study Session meeting shall be set
for October 18, 2022 at 7:00 p.m. at City Hall so that Waters Edge Aquatic Design of Lenexa,
Kansas can make a presentation regarding the facility evaluation and master planning for Island
Oasis Water Park.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 148 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-14
#2022-162 - Approving Furnishing and Installation of New
Portable Turf at the Community Fieldhouse
Staff Contact: Todd McCoy
Grand Island Council Session - 6/14/2022 Page 149 / 177
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:June 14, 2022
Subject:Bid Award for Installation of New Portable Turf at the
Community Fieldhouse
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
The Grand Island Community Fieldhouse features 28,500 square feet of synthetic turf for
indoor soccer, football, baseball, softball, and more. The Fieldhouse is used for sports
leagues, practice, tournaments, clinics, and training. The turf is required to be portable so
it can be taken up and down for the Nebraska State Fair.
Discussion
The existing turf was installed in 2016. The turf has become worn with high amounts of
use. Staff is recommending replacement.
On May 8, 2022 the bid was advertised for the Installation of New Portable Turf. One bid
was received from Mid-America Sports Construction of Lee’s Summit, Missouri the met
specifications. Staff recommends accepting the bid from Mid-America Sports
Construction. The total price for the portable turf system with permanent lines is
$239,003.00. The purchase will be funded the Food and Beverage Tax Fund.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 6/14/2022 Page 150 / 177
Recommendation
City Administration recommends that the Council approve the Installation of New
Portable Turf from Mid-America Sports Construction of Lee’s Summit, Missouri. The
total purchase price is $239,003.00.
Sample Motion
Move to approve the Installation of New Portable Turf for the amount of $239,003.00.
Grand Island Council Session - 6/14/2022 Page 151 / 177
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:May 31, 2022 at 2:00 p.m.
FOR:Furnishing and Installation of New Portable Turf
DEPARTMENT:Parks & Recreation
ESTIMATE:$250,000.00
FUND/ACCOUNT:21100003-2000
PUBLICATION DATE:May 8, 2022
NO. POTENTIAL BIDDERS:5
SUMMARY
Bidder:All Sports Enterprises Inc.Mid-America Gold and Landscape, Inc.
Exton PA Lee’s Summit, MO
Bid Security:NGM Insurance Company Atlantic Specialty Insurance Company
Installation:See attachment $237,003.00
Optional:No Bid $ 14,474.00
Alternate #1:See Attachment $ 2,000.00
Alternate #2:See Attachment $ 15,000.00
c:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Admin. Assist.
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Jeremy Bachmann, Recreation
Superintendent
P2372
Grand Island Council Session - 6/14/2022 Page 152 / 177
Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-162
WHEREAS, the City of Grand Island invited sealed bids for the Installation of
New Portable Turf for the Grand Island Community Fieldhouse, according to plans and
specifications on file with the Parks and Recreation Department; and
WHEREAS, on May 31, 2022, one (1) bid was received that met specifications;
and
WHEREAS, Mid-America Sports Construction from Lee’s Summit, Missouri
submitted a bid in accordance with the terms of the advertisement of bids, plans and
specifications and all other statutory requirements contained therein, such bid being in the
amount of $239,003.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Mid-America Sports
Construction from Lee’s Summit, Missouri in the amount of $239,003.00 for the Installation of
New Portable Turf for the Grand Island Community Fieldhouse is hereby approved as the lowest
responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 153 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item G-15
#2022-163 - Approving Acknowledgement of Name Change of
Nebraska Personnel Consultants, LLC to Capital City Concepts,
LLC
Staff Contact: Aaron Schmid, Human Resources Director
Grand Island Council Session - 6/14/2022 Page 154 / 177
Council Agenda Memo
From:Aaron Schmid, Human Resources Director
Meeting:June 14, 2022
Subject:Approving Acknowledgement of Name Change of
Nebraska Personnel Consultants, LLC to Capital City
Concepts, LLC
Presenter(s):Aaron Schmid, Human Resources Director
Background
The City conducts wage and benefits surveys of our workforce in order to comply with
Nebraska Revised Statute §48-818. The statute requires public employers to establish
rates of pay and conditions of employment that are comparable to the prevalent pay and
employment conditions of similar sized municipalities. Nebraska Personnel Consultants,
LLC was named a sole-source provider by resolution 2019-72 to perform the wage and
benefit surveys of our workforce.
Discussion
Nebraska Personnel Consultants, LLC made a name change in June of 2021. They are
now operating under the name Capital City Concepts, LLC. The purpose of this
resolution is to update our records, specifically for the schedule of bills.
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 recognition of Nebraska
Personnel, LLC now operating as Capital City Concepts, LLC.
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Sample Motion
Move to approve the recognition of Nebraska Personnel Consultants, LLC now operating
as Capital City Concepts, LLC.
Grand Island Council Session - 6/14/2022 Page 156 / 177
Approved as to Form¤ ___________
June 10, 2022¤ City Attorney
R E S O L U T I O N 2022-163
WHEREAS, the City of Grand Island conducts comparability pay studies
of its workforce; and
WHEREAS, a Nebraska Personnel Consultants, LLC was designated as
the sole source provider under resolution 2019-72; and
WHEREAS, Nebraska Personnel Consultants, LLC is now operating
under the name of Capital City Concepts, LLS; and
WHEREAS, the services of Nebraska Personnel Consultants, LLC will be
needed for future union and non-union comparability pay studies.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, recognize the name
change from Nebraska Personnel Consultants, LLC to Capital City Concepts, LLC.
BE IT FURTHER RESOLVED that the City may use continue to use the
services of Capital City Concepts, LLC for future union and non-union surveys and
continue to designate Capital City Concepts, LLC as a sole source provider.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, on June 14, 2022.
________________________________
Roger G. Steele, Mayor
Attest:
___________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/14/2022 Page 157 / 177
City of Grand Island
Tuesday, June 14, 2022
Council Session
Item I-1
#2022-164 - Consideration of Approving the Donation and
Construction Agreement with Grow Grand Island for Kaufman
Plaza
Staff Contact: Jerry Janulewicz
Grand Island Council Session - 6/14/2022 Page 158 / 177
Council Agenda Memo
From:Jerry Janulewicz, City Administrator
Meeting:June 14, 2022
Subject:Expansion of the Kaufman Plaza
Presenter(s):Jerry Janulewicz, City Administrator
Background
Amur Equipment Finance (Amur) approached Grow Grand Island, Inc. (GGI) with a
vision and design for the plaza known as Kaufman Plaza in Railside, which expands the
existing gathering area and creates a greenspace environment. Amur paid for and
provided the design. They also proposed a partnership where they would be a 50% funder
of the project to see it to fruition. The project includes extensive landscaping (grass,
plants, trees, pavers, etc.) in the current parking lot area directly north of the existing
plaza, excluding the alley, extending north to South Front Street. The existing mail drop
box will be relocated. The existing parking spaces in the city parking lot will be relocated
to the street, netting no loss of spaces. The design also calls for a permanent berm for use
as a stage, a removable stage cover, solar lighting, infrastructure for electricity and
potential future public restroom(s).
GGI desires to enter into a contract with the City of Grand Island to oversee the project,
as well as a construction contract with the contractor selected by Amur and a partnership
agreement between Amur and GGI.
Discussion
The proposed expanded plaza improvements are to be constructed on city-owned
property through a contract between GGI and Empire Development LLC. This contract
together with the proposed contract between the City and GGI will require GGI and its
contractor to provide a payment bond, liability insurance, and meet other requirement the
City requires of its contractors on City construction projects. Upon completion of the
improvements, approval by the city engineer, and acceptance by the City Council, the
improvements will become City property through a donation from GGI. The project is
expected to cost $685,000 of which Amur Equipment Finance, Inc. (Amur) will provide
$350,000. GGI will bring forth its recommendation for renaming the plaza in recognition
of the significant financial donation from Amur.
Grand Island Council Session - 6/14/2022 Page 159 / 177
Railside BID has proposed that it be responsible for scheduling plaza events and for
maintenance of the existing and expanded the plaza. If the City Council approves the
proposed plaza expansion agreement with GGI, City administration will proceed with
negotiating an operation/maintenance agreement with Railside BID for City Council
consideration at a subsequent meeting. Railside BID currently pays the premium cost for
liability insurance coverage on the existing plaza area and schedules plaza events such as
the Hear Grand Island summer concert series.
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 City Council approve by resolution the
agreement with GGI for the plaza expansion project.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 6/14/2022 Page 160 / 177
1
DONATION AND CONSTRUCTION AGREEMENT BETWEEN GROW
GRAND ISLAND, INC. AND THE CITY OF GRAND ISLAND FOR
EXPANSION OF THE DOWNTOWN PUBLIC PLAZA
This Donation and Construction Agreement, hereinafter "Agreement", made and entered
into this ___day of _______, 2022 by and between the City of Grand Island, Nebraska, (the
"CITY") and the GROW GRAND ISLAND, INC., a Nebraska not for profit corporation
("GGI").
WHEREAS, the CITY desires to expand the downtown plaza area located at vacated
Wheeler Avenue between South Front Street and the alley between South Front Street and
Third Street (the “Plaza Expansion”); and
WHEREAS, GGI is engaged in a private fundraising effort, and is willing to contract for
the construction of the Plaza Expansion, such improvements and location as described herein and
as shown on the attached Exhibit ______, estimated to be in the amount of not greater than
$685,000 (the “Funds”) and which plans and specifications must be approved by the City
Council in order to be put into effect Plaza Expansion; and
WHEREAS, GGI, along with other donors to GGI's fundraising program, desire to make a
charitable contribution for the benefit of the residents of Grand Island, of the Plaza Expansion to
the City of Grand Island; and
WHEREAS, the CITY is desirous of accepting such donation.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
hereinafter set forth, the parties agree as follows:
I. GGI'S RESPONSIBILITIES
A. PLAZA EXPANSION FUNDING
1. GGI shall raise the Funds to cover the costs of design and construction of the Plaza
Expansion, such amount including sufficient funds to provide for unforeseen
construction conditions, and unexpected costs regarding utilities, soil, permit
requirements, and the like.
B. CONSTRUCTION
1. The plans and specifications for the Plaza Expansion must receive the prior written
approval of the City Engineer and the written approval of the City Engineer is
required for all construction documents and final selections of building materials
prior to construction. GGI agrees that the Plaza Expansion shall be completed in
strict adherence to the design as approved by the CITY. Any material deviations
from the design drawings shall be permitted only with the prior written approval of
the CITY.
2. At no cost to the CITY, GGI shall be responsible for and to fund the construction of
the Plaza Expansion to be constructed during such times during the construction
period as mutually agreed to by the CITY and GGI. Construction shall not begin
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2
until GGI has received or has binding commitments for the Funds. The
construction period shall begin no later than _________, 2022 (weather permitting)
and shall end no later than _______________, 2022 (the "Construction Period"). In
the event that construction is not completed by _______________, 2022, GGI may
request an extension of time for the Construction Period for up to ___ additional
months, and City Administrator may grant such exception at his sole discretion.
3. GGI and GGI’s General Contractor shall be responsible for all elements of the
Plaza Expansion, to include:
a. site survey, tree protection, site preparation and demolition, grading, concrete,
lighting, signage, site furnishings, installation of stage, stage cover, restroom
infrastructure and parking lot modifications;
b. the provision of all materials, equipment, and labor required;
c. comply with Grand Island Public Works General Plans and Specifications
sections: 4.05 through 4.17, 7.01 through 7.13, 7.15, and 8.03 through 8.05;
d. Provide the City with a certificate of insurance verifying the General Contractor's
compliance with the insurance coverage requirement prior to the beginning of
any work on site;
e. The scheduling and supervision of all work;
f. The timely payment of all fees, costs, charges, and expenses associated with the
work, including all required permit fees;
g. Site security in a manner that is reasonable under the circumstances during entire
construction of the Plaza Expansion;
h. Upon acceptance of the Plaza Expansion by the CITY, deliver to the CITY all
project construction documents, records, as-builts, and manuals;
i. Allow the CITY Engineer or designee access to conduct any inspection he or she
deems necessary; and
j. The design and construction of the Plaza Expansion shall be in compliance with,
as applicable, ADA Standards for Accessible Design, as amended, and
implementing regulation, and building, electric, plumbing, and life safety codes
adopted by the City of Grand Island.
II. CITY'S RIGHTS AND RESPONSIBILITIES
A. FUNDRAISING
1. The CITY reserves the right for prior review and approval of any City of Grand
Island name or logo to be used on any fund raising items or promotional or
advertising materials. GGI agrees not to alter in any manner the names or logos
approved by the City Administrator.
B. APPROVALS AND REVIEWS
1. The CITY shall provide a timely review of all exhibits, plans and other documents
requiring feedback to allow the project to move forward efficiently.
C. SITE ACCESS
1. The CITY agrees to provide all reasonably necessary access to those portions of
CITY owned property abutting the construction site.
2. The CITY and GGI shall mutually agree to the date and time for a groundbreaking
ceremony.
D. ACCEPTANCE OF IMPROVEMENTS
Grand Island Council Session - 6/14/2022 Page 162 / 177
3
1. Upon completion of the Plaza Expansion, such improvements shall be reviewed by
the City Engineer and, if approved, and upon receipt of the GGI's professional
Engineer/Architect certification of completion of the Plaza Expansion in substantial
compliance with the plans and specifications approved by the CITY, it shall be
recommended to the City Council for acceptance. Acceptance of ownership of
these Improvements shall be subject to the verification by the CITY that the project
has been completed in compliance with this Agreement and subject to receipt by
the CITY Engineer of as built plans and other required documents. Such
acceptance shall occur by resolution of the City Council.
2. Upon acceptance by resolution of the City Council, the Plaza Expansion shall
immediately become the property of the CITY and the GGI forfeits all rights to
such Plaza Expansion. It is expressly agreed and understood that nothing in this
Agreement shall be construed as empowering the GGI to encumber, mortgage or
pledge any interest in the site or improvements thereon in any manner whatsoever.
3. Following CITY Council acceptance of the Plaza Expansion, the CITY and GGI
shall mutually agree to a date and time for a ribbon cutting ceremony.
E. NAMING OF PUBLIC PLAZA
1. Upon the acceptance of the Plaza Expansion by the City Council, the existing
public plaza and plaza expansion may be named for a period of 20 years to
honor a significant donor of project funds. The proposed name shall be
nominated by GGI and approved by the City Council. Signage indicating the
Public Plaza name will be displayed at the plaza. Such signage location and
wording must receive the approval of the GGI and City Administrator prior to
installation. GGI shall pay all costs of such sign and all costs of other GGI
recognition signs. Naming recognition is subject to future
change/reconsideration by the CITY in the event that the recognition becomes
damaging to the CITY's reputation, or contradictory to applicable law, as
determined by the CITY.
2. GGI shall have the right to install a GGI recognition plaque on the Public Plaza site
with the location, wording, size, and design subject to approval of the City
Administrator, and the costs of such sign will be paid by GGI.
F. MAINTENANCE OF IMPROVEMENTS
1. The CITY shall maintain the Plaza Expansion after acceptance by the CITY
Council consistent with how it maintains other similar improvements in the
CITY. GGI understands that maintenance, repairs, and replacement of the Plaza
Expansion are at the CITY's sole discretion and are subject to funding approved
by the City Council. CITY may contract with the Railside Business
Improvement District or other entity to perform routine and customary cleaning,
maintenance, and landscaping care of the Plaza and responsibility for scheduling
public events at the Plaza.
G. OPERATION OF THE PUBLIC PLAZA AS A PUBLIC PLAZA
1. GGI understands that the CITY, individually or in consultation with the Railside
Business Improvement District, will establish the rules, hours of operation and
may program events at its discretion and will enforce such rules and CITY
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4
ordinances as determined by the CITY to be in the best interests of the CITY.
III. ENCUMBRANCES AND LIENS
Neither GGI nor anyone claiming by, through, or under GGI shall have the right to file or
place any mechanic's lien or any other lien of any kind or character whatsoever upon the Plaza
Expansion, the underlying real property, or any CITY property. Notice is hereby given that no
contractor, subcontractor, or anyone else who may furnish any materials, service, or labor for any
improvements, alterations, repairs, or any part thereof shall at any time be or become entitled to
any lien thereon. The GGI covenants and agrees to require the General Contractor to provide a
payment bond or bonds in a sum not less than the contract price with a corporate surety company
and agent selected by such person, conditioned for the payment of all laborers and mechanics for
labor that is performed and for the payment for material and equipment rental which is actually
used or rented in the erecting, furnishing, or repairing of the improvement or in performing the
contract.
IV. INDEMNIFICATION.
Upon acceptance of ownership of the Plaza Expansion by the City Council of the City, the
CITY shall accept liability for the Plaza Expansion to the same extent as with other CITY
owned facilities in accordance with Nebraska law and shall hold the GGI, its officers, directors,
employees and agents harmless with respect to any such liability, except for liability arising
from negligent construction or design of the Plaza Expansion.
V. TERM
This Agreement shall be considered to be fulfilled upon completion of the construction and
City Council acceptance of the Plaza Expansion, subject to the continuing requirements
pursuant to sections II.E. and IV of this Agreement. This Agreement will terminate in the event
that construction of the Plaza Expansion is not completed by the dates designated by the
Construction Period. GGI shall have the right to terminate this Agreement at any time before
the start of construction.
VII. NOTICES
Any notice required or permitted to be given under this Agreement shall be in writing and shall
be deemed to be an adequate and sufficient notice if given in writing and service is made either
by (i) personal delivery, in which case the service shall be deemed received the date of such
personal delivery; or (ii) U. S. Mail, return receipt requested, in which case the notice shall be
deemed to have been received as shown in such return receipt, to the following address:
If to GGI:
Grow Grand Island, Inc.
PO Box 777
Grand Island, Nebraska 68802
If to the CITY:
City Clerk
City of Grand Island, Nebraska
100 East First Street
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5
Grand Island, Nebraska 68801
with a copy to:
Legal Department
City of Grand Island, Nebraska
100 East First Street
Grand Island, Nebraska 68801
VIII. CHOICE OF LAW & VENUE
This Agreement shall be governed by the laws of Nebraska. The venue for all litigation or other
disputes relative to this Agreement shall be the District Court of Hall County, Nebraska.
IX. CAPTIONS
Section headings are for reference only and shall not be used to interpret this Agreement.
X. SEVERABILITY
If any provision hereof is found to be invalid or unenforceable, such finding shall not affect the
validity of any other provision hereof; and such provision shall be enforced to the maximum
extent possible so as to effect the intent of the parties.
XI. NO WAIVER
Any failure to enforce any right or to require performance of any provision of this Agreement
shall not be considered a waiver of such right or performance.
XII. ENTIRE AGREEMENT
This Agreement, including the attached and incorporated exhibits, contains the entire agreement
between the parties, and supersedes all other oral or written provisions.
XIII. MODIFICATIONS AND AMENDMENTS
No amendment or modification to this Agreement shall be effective unless it is in writing and
signed by authorized representatives of each of the parties hereto.
XIV. BINDING EFFECT
The provisions, covenants, and conditions in this Agreement shall inure to and bind the parties,
their legal heirs, representatives, successors, and assigns.
If City transfers ownership of the Artwork, all rights and obligations of City under this
Agreement shall be transferred to the successor owner of the Artwork, and said successor owner
shall be bound by this Agreement.
XV. POWER TO EXECUTE AGREEMENT.
Each individual executing this agreement, on behalf of one of the parties, represents that he or
she is duly authorized to sign and deliver the agreement on behalf of such party and that this
agreement is binding on such party in accordance with its terms.
Each party may by written notice to the other specify a different address for subsequent
notice purposes.
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6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by having
their signatures affixed below.
Grow Grand Island, Inc. City of Grand Island
________________________________ __________________________________
Authorized Representative Roger G. Steele, Mayor
Date: _________________ Date: __________________
ATTEST:
__________________________
RaNae Edwards, City Clerk
APPROVED AS TO FORM:
__________________________
Stacy Nonhof, Interim City Attorney
Grand Island Council Session - 6/14/2022 Page 166 / 177
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“Agreement”) serves as an agreement between Amur Equipment Finance
(“Grantor”), located at 304 West 3rd Street in Grand Island, Nebraska 68801, AND Grow Grand Island, Inc., a 501(c)3
non-profit located at PO Box 777, Grand Island, Nebraska 68802 (“Grantee”). Whereas, Grantee wishes to carry out the
project described herein and Grantor wishes to grant funding and services toward said project, the parties agree as
follows:
GGI Grant Terms and Conditions. Grantor shall provide Grantee with grant funding of $350,000 (“Grant Funds”) one
half or $175,000 payable within five (5) days of execution of this Agreement and the balance or $175,000 payable within
five (5) days after certification of completion of demolition under the Construction Contract, as defined below, to be
applied toward an expansion of the existing Kaufman Plaza by utilizing the adjoining parking lot to create a new space
which includes site survey, tree protection, site preparation and demolition, grading, concrete, lighting, signage, site
furnishings, installation of stage, stage cover, restroom infrastructure and parking lot modifications. As the space is for
public use, separate agreements are in place between Grantee and the City of Grand Island, as well as Grantee and the
General Contractor.
1.Provision of Consulting Services. In addition to Grant Funds, Grantor shall provide one consultant to assist as
needed, paid for by the Grantor, that will provide project supervision and management services.
2.Project Oversight and Change Orders. Grantor recognizes the contractual agreement between Grantee and the
City of Grand Island, as well as the contractual agreement between Grantee and the Empire Development, LLC,
(“General Contractor”) (the “Construction Contract”). In so much as these agreements have specific
requirements that must be met, decisions that impact these requirements during execution of the project shall
be jointly discussed but final decisions rest with the Grantee. Decisions that are not material under either or
both of the contracts referred to herein shall be at the discretion of Grantor after consultation with Grantee.
Grantor shall supervise and oversee that the work to be completed conforms to the Plans & Specifications, as
detailed in the Construction Contract and shall provide all certifications or documentations required of the
Project Engineer as set forth in the Construction Contract.
3.Grant Fee Schedule. Grantee will serve as the fiscal agent with responsibility to provide timely payment to
General Contractor and any other contractors who provide services toward the project. Grantor shall disburse
Grant Funds to Grantee upon project milestones to be established.
4.Naming Rights. It is understood that the Grantor shall have the right to select the name of the expanded area,
as well as the original Kaufman Plaza area, and shall have the right to select the party of any other naming
opportunities, such as the stage. Additionally, Grantor shall have the right to design any signage to be displayed
in the area. It is understood that final approval of these rights rests with the City of Grand Island.
5.Term and Termination. The effective date of this Agreement shall be the date of execution, and the Agreement
shall automatically terminate on December 30, 2022, unless extended in the same manner as the contract with
the General Contractor. The Agreement may be terminated at any time and for any reason upon written
notification. Upon Agreement termination, Grantee shall not be required to return any portion of the paid
Grant Funds to Grantor, and Grantor shall have no further obligation to provide Grantee with any unpaid portion
of the Grant Funds.
6.Best Efforts. Grantor agrees to use best efforts to ensure the timely performance and completion of the work
required by General Contractor under the Construction Contract, including without limitation, the timely
payment of all suppliers, subcontractors and any other person or entity performing work on the project.
7.No Implied Agency. Nothing in the Agreement shall be deemed to create any partnership, joint venture, joint
enterprise, or agency relationship among the parties, and no party shall have the right to enter into contracts on
behalf of, to legally bind, to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of,
the other party hereto. Each party shall be solely responsible for its employees and contractors used to provide
the Agreement.
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8.Confidentiality and Privacy. Both parties agree to take commercially reasonable measures to protect
information obtained from the other, provided information is marked “confidential” or is of such a nature that
the recipient party has reason to believe it is confidential.
9.Publicity. Neither party may issue a press release, hold a press conference, or otherwise refer to the other party
in any manner with respect to this Agreement without the prior written consent of such other party.
10.Additional Terms. Grantee shall not assign or otherwise transfer the Agreement, including by change of control,
to any party without the prior written consent of Grantor. The provisions and conditions in this Agreement shall
inure to and bind the parties, their legal heirs, representatives, successors, and assigns.
This Agreement represents the entire agreement between parties and replaces any prior agreement or proposed
variation. This Agreement shall be amended only by mutual written agreement executed by all parties or their
respective designees. The parties agree that this Agreement will be governed by the Laws of the State of Nebraska.
If any portion of this Agreement shall be declared illegal, void or otherwise unenforceable, the remaining provisions
will not be affected, but will remain in full force and effect.
ACCEPTED AND AGREED TO BY:
____________________________________________________________________________________
Authorized Representative Date Authorized Representative Date
Amur Equipment Financial Grow Grand Island
Printed Name: ______________________________Printed Name: ______________________________
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1
CONSTRUCTION CONTRACT THIS CONSTRUCTION AGREEMENT (“Agreement”) is made effective as of this _____ day of __________, 2022 (the “Effective Date”), by and between the GROW GRAND ISLAND, INC., a Nebraska non-profit corporation (the “GGI”) and EMPIRE DEVELOPMENT, LLC a Nebraska limited liability company (“Contractor”). GGI and Contractor are each and individually referred to as a “Party” and collectively as “Parties” to this Agreement. WHEREAS, the GGI has contracted with the City of Grand Island, Nebraska (the “City”) to raise funds to expand the downtown plaza area located at vacated Wheeler Avenue between South Front Street and the alley between South Front Street and Third Street (“Plaza Expansion”); WHEREAS, the Contractor has agreed to perform the work to complete the Plaza Expansion, as more particularly defined hereunder (the “Project”) for the fee and subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. The Project. The Project shall be completed in strict conformance with the Plans and Specifications as detailed on Exhibit A, attached and incorporated herein by this reference (the “Plans & Specifications”). Any material change to the Plans & Specifications shall only be adopted pursuant to a signed written agreement between the Parties. By way of description and not limiting the work required to complete the Project pursuant to the Plans & Specifications, the Project shall include the following work: a. Site survey, tree protection, site preparation and demolition, grading, concrete, lighting, signage, site furnishings, installation of stage, stage cover, restroom infrastructure and parking lot modifications; b. The provision of all materials, equipment, and labor required; c. Compliance with Grand Island Public Works General Plans and Specifications sections: 4.05 through 4.17, 7.01 through 7.13, 7.15, and 8.03 through 8.05; d. The scheduling and supervision of all work; e. The timely payment of all fees, costs, charges, and expenses associated with the work, including all required permit fees; g. Site security in a manner that is reasonable under the circumstances during entire construction of the Plaza Expansion; h. Upon acceptance of the Plaza Expansion by the GGI, delivery to GGI of all project construction documents, records, as-builts, and manuals; and i. The design and construction of the Plaza Expansion shall be in compliance with, as applicable, ADA Standards for Accessible Design, and as amended, and implementing regulation, and building, electric, plumbing, and life safety codes adopted by
Grand Island Council Session - 6/14/2022 Page 169 / 177
2
the City of Grand Island.Agreement, is described on Exhibit A, attached and incorporated herein by this reference. 2. Project Price and Payment Terms. The total cost of the Project shall be $_______________ (the “Contract Price”), payable in monthly draws based on a percentage of completion including the cost of any materials delivered to and located at the work site, less a retainage of ten percent (10%). Percentage of completion shall be certified by an engineer/architect mutually acceptable to the Parties (the “Project Engineer”). Final payment, including retainage shall be payable within thirty (30) days after acceptance of the Project by GGI and the City. 3. Design & Construction; Time of Construction. The Plans & Specifications are subject to review and approval by the City Engineer, which review and approval shall not be unreasonably delayed. The City Engineer shall also timely review and approve all construction documents and final selections of building materials prior to construction. The construction of the Project shall not commence prior to ____________, 2022 and shall be completed no later than ________________, 2022, subject to reasonable construction extensions for weather delays properly documented and approved by the Project Engineer (the “Construction Period”). Any requested extensions beyond the Construction Period must be made to GGI in writing and shall be granted or denied in GGI’s sole discretion. 4. Warranty. Contractor and its agents warrant that the Project will be constructed and completed in a good and workmanlike manner, and Contractor’s performance under this Agreement shall be, in strict compliance with the Plans & Specifications, the requirements of GGI under this Agreement, and in compliance with all applicable codes, standards, laws and regulations, and the Project shall be and remain free from defect and/or faulty construction and shall be and remain in sound working order for a period not less than one (1) year. If a defect or fault in construction is discovered within that time, Contractor agrees to repair and/or replace such defective or faulty portion of the Project at no cost to the GGI. 5. GGI’s Right of Entry and Inspection. GGI, including its agents and the City, reserves the right to enter upon any land affected by the Project at any time for purposes of inspecting the Project. Final inspection shall be the responsibility of GGI, or such individual or entity selected by the GGI. 6. Indemnification. Contractor, on behalf of itself and its respective agents, officials, representatives, officers, directors, shareholders, employees, attorneys, successors, assigns, heirs, insureds, subsidiaries, and related companies and entities, hereby agrees to release, defend, indemnify, and hold harmless GGI, the City and both’s agents, officials, representatives, officers, directors, employees, attorneys, successors, assigns, heirs, subsidiaries, and related entities, from and against any and all liability, claims, fines, settlements, damages, demands, suits or causes of action of whatsoever nature, including but not limited to reasonable attorney’s fees and costs, asserted by any person, company, or
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entity for any claims and/or for any expenses incurred, based on, arising out of, or related in any way, directly or indirectly, to GGI’s use of Contractor’s services under this Agreement. Contractor shall be responsible for any hazards created through its acts or omissions or those of its agents or employees. Contractor shall indemnify and hold GGI harmless from all construction, mechanics’ and other liens arising out of or relating to the Project or real property interests being conveyed hereunder. 7. Release by Contractor; Encumbrances and Liens. Contractor, on behalf of itself and its respective agents, officials, representatives, officers, directors, shareholders, employees, attorneys, successors, assigns, heirs, subsidiaries, and related companies and entities, irrevocably and unconditionally waives, releases, acquits, and forever discharges GGI, and its respective agents, officials, representatives, officers, directors, employees, attorneys, successors, assigns, heirs, subsidiaries, and related entities, from any and all claims, demands, actions, causes of action, suits, damages, charges, liability, liquidated or unliquidated, Contractor may have or acquire that are based on, arise out of, or relate in any way either directly or indirectly to GGI’s use of Contractor’s services under this Agreement, including but not limited to any claim for direct damages, or any claim for any special, indirect, or consequential damages, including without limitation, damages for lost profits, loss of data or costs of procurement of substitute goods or services, or for any claim for damages or other relief of any kind whatsoever, including but not limited to attorney fees and costs. Neither the Contractor nor anyone claiming by, through, or under the Contractor shall have the right to file or place any mechanic's lien or any other lien of any kind or character whatsoever upon the Plaza Expansion, the underlying real property, or any property owned by the City. Notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any materials, service, or labor for any improvements, alterations, repairs, or any part thereof shall at any time be or become entitled to any lien thereon. Contractor shall provide a payment bond or bonds in a sum not less than the Contract Price with a corporate surety company and agent conditioned for the payment of all laborers and mechanics for labor that is performed and for the payment for material and equipment rental which is actually used or rented in the erecting, furnishing, or repairing of the Project or in performing This Agreement. 8. Protections Cumulative. The Parties agree that the releases, indemnifications, disclaimers of warranties or guarantees, and similar protections for the GGI contained in this Agreement are cumulative to and in addition to any other protections, relief, remedies, or other recourse available to the GGI under law. 9. Insurance. Contractor, at Contractor’s sole cost and expense, shall procure and maintain all bodily injury, property damage, and liability insurance appropriate and/or required by law for the Project, with a combined single limit of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence; and broad form peril insurance coverage of the Project in an amount not less than the Contract Price. All such insurance policies shall insure, on an occurrence basis, against liability of Contractor, its employees and
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agents arising out of or in connection with, or related in any way, directly or indirectly, to the Project, all as provided for herein. GGI and the City shall be named as an additional insured on any such policy for purposes of the Project. Contractor shall provide to GGI and the City a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the execution of this Agreement. Contractor shall provide worker’s compensation insurance coverage and shall require all subcontractors to provide such coverage under the Nebraska Worker’s Compensation Act. 10. Assignment. Neither Party’s interests under this Agreement may be assigned to a third-party without the prior written consent of the other Party, such consent to not be unreasonably withheld. 11. Severability. Invalidity of any provision of this Agreement shall not render invalid any of the other provisions of this Agreement. It is the intention of the Parties that this Agreement shall constitute a binding and legally enforceable agreement. 12. Governing Law. This Agreement shall be governed by the laws of the State of Nebraska. This Agreement shall be binding upon the parties hereto, their respective legal representatives, successors and assigns. 13. No Reliance on Other Party. The parties hereto agree that in entering into this Agreement they have each relied upon their own judgment and knowledge. Each Party represents that no representations or warranties have been made by any Party hereto, other than as set forth in this Agreement, to induce the other Party to enter into this Agreement. 14. Entire Agreement. This Agreement, including attachments and exhibits hereto sets forth the entire agreement between the signatory parties and fully supersedes any and all prior agreements or understandings between these parties pertaining to this subject matter. 15. Modification. This Agreement may be modified only by written instrument signed by both Parties. 16. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to be an adequate and sufficient notice if given in writing and service is made either by (i) personal delivery, in which case the service shall be deemed received the date of such personal delivery; or (ii) U. S. Mail, return receipt requested, in which case the notice shall be deemed to have been received as shown in such return receipt, to the following address:
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If to the GGI: Grow Grand Island, Inc. ATTN: Tonja Brown PO Box 777 Island, Nebraska 68802 If to Contractor: Empire Development, LLC ATTN: Amos Anson 4234 Arizona Ave. P.O. Box 1665 Grand Island, NE 68802 IN WITNESS WHEREOF, the parties hereto have executed this Construction Agreement as of the date opposite their signature. GROW GRAND ISLAND, INC.: By: ________________________________ _______________________ Date Its: _________________________________ CONTRACTOR: EMPIRE DEVELOPMENT, LLC By: __________________________ ________________________ Date Its: ____________________
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SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.:
approved by:
checked by:
drawn by:
drawing no.:
QA/QC by:
date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801RAILSIDE PLAZA CONCEPT 2019GRAND ISLAND, NEBRASKA20195LAYOUT 5LS
BD
019-2815
08.26.2019
5 of
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Approved as to Form ¤ ___________
June 10, 2022 ¤ City Attorney
R E S O L U T I O N 2022-164
WHEREAS, Amur Equipment Finance, Inc. (Amur) approached Grow Grand
Island, Inc. (GGI) with a vision and design for the downtown plaza area in Railside, which
expands the existing gathering area and creates a greenspace environment; and
WHEREAS, the expansion of the downtown plaza is to be located upon vacated
Wheeler Avenue between the north one-half of Block Fifty-Six and the north one-half of Block
Fifty-Seven, Original Town, now City of Grand Island; and
WHEREAS, the project includes extensive landscaping (grass, plants, trees,
pavers, etc.) in the current parking lot area directly north of the existing downtown plaza area
(excluding the alley) extending to South Front Street, a permanent berm for use as a stage, a
removable stage cover, solar lighting, infrastructure for electricity and potential future public
restroom(s); and
WHEREAS, upon completion of the improvements, approval by the city
engineer, and acceptance by the City Council, the improvements will become City property
through a donation from GGI; and
WHEREAS, City administration and Railside BID will develop a plaza
operation/maintenance agreement to be submitted for City Council consideration at a later date.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, as follows:
1.The Donation and Construction Agreement between Grow Grand Island, Inc. and
the City of Grand Island is hereby approved for the expansion of the downtown public
plaza upon vacated Wheeler Avenue between the north one-half of Block Fifty-Six and
the north one-half of Block Fifty-Seven, Original Town, now City of Grand Island; and
2.Grow Grand Island, its contractors and subcontractors, are hereby authorized to
construct, place, and erect upon the above-described City property the improvements as
contemplated by the above-mentioned construction agreement and approved by the City
Engineer.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, June 14, 2022
Council Session
Item J-1
Approving Payment of Claims for the Period of May 25, 2022
through June 14, 2022
The Claims for the period of May 25, 2022 through June 14, 2022 for a total amount of $5,960,715.57.
A MOTION is in order.
Staff Contact: Patrick Brown
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City of Grand Island
Tuesday, June 14, 2022
Council Session
Item X-1
Strategy Session Regarding FOP Union Negotiations
The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410.
Closed sessions may be held for, but shall not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be
paid to individuals who have suffered from a tragedy of violence or natural disaster.
Staff Contact: Aaron Schmid, Human Resources Director
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