Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
01-24-2023 City Council Regular Meeting Packet
City of Grand Island Tuesday, January 24, 2023 Council Session Agenda City Council: Jason Conley Michelle Fitzke Bethany Guzinski Chuck Haase Doug Lanfear Maggie Mendoza Mitchell Nickerson Mike Paulick Jack Sheard Mark Stelk Mayor: Roger G. Steele City Administrator: City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street, Grand Island, NE 68801 Grand Island Council Session - 1/24/2023 Page 1 / 182 City of Grand Island Tuesday, January 24, 2023 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Father Don Buhrman, St. Leo's Catholic Church, 2410 South Blaine Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 1/24/2023 Page 2 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item C-1 Presentation and Discussion Regarding Allocation ARPA Funds Staff Contact: Patrick Brown Grand Island Council Session - 1/24/2023 Page 3 / 182 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:January 24, 2023 Subject:American Rescue Plan Act Funds Presenter(s):Patrick Brown, Finance Director Laura D. McAloon, City Attorney Presentation In response to the COVID-19 pandemic, the United States Congress adopted the American Rescue Plan Act (ARPA) and established the Coronavirus State and Local Fiscal Recovery Fund (SLFRF). The City of Grand Island (City) has now received its second tranche of ARPA funding in the amount of $4.5 million. Together with the remaining funds from the first tranche of funding, the City has approximately $5.5 million available for allocation to eligible projects. Initially, the use of SLFRF funding by local governments was limited to public health response costs; government infrastructure funding for water, sewer or broadband services; government employee retention and replacement; and replacement of lost governmental revenue. On April 1, 2022, the Final Rulei establishing spending parameters and compliance became effective and the potential uses of SLFRF funds were expanded to include programs and projects that address the negative economic impacts of the COVID- 19 pandemic on local businesses, especially small businesses and the travel and tourism industry. In addition, SLFRF funds can be used for equity-focused services to address the compounded negative economic impact of the pandemic on disadvantaged communities and families. ARPA Overview ARPA established four broad areas of spending that are statutorily authorized uses of ARPA funds, including SLFRF funds to address economic impacts, compensate essential workers for the increased health risks in their work, maintain government services, and make investments in public infrastructure to protect public health. The Treasury Department’s Final Rule further defines and clarifies how recipients can utilize SLFRF funds to meet the statutory goals of ARPA. The Final Rule provides significant flexibility in the use of SLFRF funds to meet local needs, provided the use falls within one of the four categories below: Grand Island Council Session - 1/24/2023 Page 4 / 182 1.Replace lost public sector funding in order to provide government services, limited to the amount of revenue actually lost due to the pandemic; 2.Respond to the far-reaching public health and negative economic impacts of the pandemic, by supporting the health of communities and by helpings households, small businesses, impacted industries such as tourism and travel, nonprofits,, and the public sector recover from economic impacts; 3.Provide premium pay for essential workers, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors such as health care; and 4.Invest in water, sewer and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet. Under the Treasury Department’s Final Rule, cities that received less than $10,000,000 in ARPA funds could file under “losses due to the pandemic for general governmental services” which makes reporting fund usage less burdensome (option 1 above). The City has elected to do just that. ARPA funding must be allocated to an eligible project(s) no later than December 31, 2024 and disbursement by December 31, 2026. If not allocated by the deadline, then the City will be required to return unallocated SLFRF funds to the federal government. The City’s goal is to fully maximize and utilize all of its SLFRF funding. The Administration realizes there are multiple possible uses of the funding, which have merit. We’ve explored the potential of funding additional City infrastructure projects and we have explored with community stakeholders the potential funding of community-based projects. Ultimately, the Administration has come to the conclusion that the SLFRF funds should be used to satisfy the Council’s commitment to provide infrastructure funding to the Conestoga Marketplace redevelopment project. This recommendation is based on the following: 1.The $5,500,000 investment in the Conestoga Marketplace redevelopment would qualify for an ARPA funding expenditure. The $5.5 million, as agreed to in the redevelopment agreement, would be spent on infrastructure of the mall property, including but not limited to water, sewer, electric, and road construction. 2.If we use General Fund cash reserves to pay for the Conestoga Marketplace investment, then we would need to find another project or projects to spend SLFRF funds. In essence, the General Fund reserves would decrease by the $5.5 million investment in Conestoga Marketplace and $5.5 million for the SLFRF project totaling an $11 million reduction in General Fund cash reserves. By using SLFRF funds for the Conestoga Marketplace project, City Council now has the option of using or not use cash reserves for another project. Grand Island Council Session - 1/24/2023 Page 5 / 182 The General Fund does have significant cash reserves which makes the two options listed above viable. However due to the high cost of inflation, interest rate hikes, and supply line issues, it might be in the best interest of the City to hold on to those cash reserves and spend those reserves on projects in the future when costs start easing. The Administration seeks input from the Council regarding its recommendation on the proposed use of SLFRF funding. i The Final Rule was issued by the United States Department of Treasury and can be found in the Federal Register, 87 Fed. Reg. No. 18, published January 27, 2022. Grand Island Council Session - 1/24/2023 Page 6 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item E-1 Public Hearing on Request from Duysen Enterprises, LLC dba The Upper Deck, 2110 West 2nd Street for a Class “C” Liquor License Council action will take place under Resolution item I-1. Staff Contact: RaNae Edwards Grand Island Council Session - 1/24/2023 Page 7 / 182 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:January 24, 2023 Subject:Public Hearing on Request from Duysen Enterprises, LLC dba The Upper Deck, 2110 West 2nd Street for a Class "C" Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Duysen Enterprises, LLC dba The Upper Deck, 2110 West 2nd Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale 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. After further review by the Police Department it was found that Mr. Duysen has an active warrant in the state of Minnesota. (See attached Police Report). So at this time we are recommending denial of the Grand Island Council Session - 1/24/2023 Page 8 / 182 application which will automatically go before the Liquor Control Commission for a hearing. Also submitted was a request for Liquor Manager Designation for Aaron Duysen, 1507 West 1st Street. Mr. Duysen has completed a state approved alcohol server/seller training program. Staff recommends denial of the liquor license and liquor manager designation for Aaron Duysen, 1507 West 1st Street. 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 deny this application. Sample Motion Move to deny the application for Duysen Enterprises, LLC dba The Upper Deck, 2110 West 2nd Street for a Class “C” Liquor License and Liquor Manager Designation for Aaron Duysen, 1507 West 1st Street. Grand Island Council Session - 1/24/2023 Page 9 / 182 Liquor License Application:Class “C”: The Upper Deck ! ! ! !! ! ! ! ^_ A rth u r S t N 2nd St W G ra nt St N A rth ur St S Anna St W B lain e St S G ra nt St S Ada StLouise St W South Front St W J effers o n St N K oenig St W M o nro e St N Darr Ave NH arris o n St S G arfield A v e N John St W B lain e S t N North Front St W Blake St In g alls St 3rd St W B ro a d w ell A v e S George St 4th St W Charles St W Tild e n St SWhite Ave1st St WCuster Ave NDivision St W L o g a n St SCarey AveTild e n St NRuby AveL o g a n S t NC la y St N B ro a d w ell A v e NBoggs Ave NH arris o n St N G arfield A v e SGrace Ave NWaldo AveCla y S t S M a dis o n St N US Highway 30 W Old Lincoln Hwy W 2110 2ND ST W ¯ Legend ^_2110 2ND ST W !Licensed Locations Road Centerlines1 inch = 500 feet Grand Island Council Session - 1/24/2023 Page 10 / 182 Grand Island Council Session - 1/24/2023 Page 11 / 182 Grand Island Council Session - 1/24/2023 Page 12 / 182 Grand Island Council Session - 1/24/2023 Page 13 / 182 Grand Island Council Session - 1/24/2023 Page 14 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item F-1 #9915 - Consideration of Vacation of Public Right-of-Way in Section 12-11-10; North of State Street, East of North Road (Parcel No. 400523168) Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 1/24/2023 Page 15 / 182 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:January 24, 2023 Subject:Consideration of Vacation of Public Right-of-Way in Section 12-11-10; North of State Street, East of North Road (Parcel No. 400523168) Presenter(s):Keith Kurz PE, Interim Public Works Director Background To allow access during construction of the North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 the City of Grand Island acquired right- of-way north of State Street, east of North Road. With the project complete there is no need for the City to retain this parcel. The attached sketch details the referenced area. Discussion When the City acquired the subject parcel it was discussed with both the property owner to the north and to the south how the vacation of such would be handled when the time came. The property owner to the north had no interest in acquiring any of the vacated parcel. Ownership of the vacated right-of-way will revert to the adjacent property owner directly south of Parcel No. 400523168. An administrative plat will be completed to clean up parcels soon. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass an ordinance vacating the public right-of-way in Section 12-11-10, Parcel No. 400523168. Sample Motion Move to pass an ordinance vacating the public right-of-way. Grand Island Council Session - 1/24/2023 Page 16 / 182 Grand Island Council Session - 1/24/2023 Page 17 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9915 An ordinance to vacate an existing right-of-way and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of ordinance in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of existing right-of-way, north of State Street and east of North Road, more particularly described as follows: BEGINNING AT THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 200407646; THENCE S89o56’38”W (ASSUMED BEARING) ON THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 266.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE N00o26’14”W ON THE EAST RIGHT-OF- WAY LINE OF NORTH ROAD, A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 201807560; THENCE N89o56’38”E ON THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 266.99 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE S00o24’03”E, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 13,349 SQUARE FEET, MORE OR LESS. is hereby vacated. Such right-of-way to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The property vacated by Section 1 shall revert to the adjacent south owner. Grand Island Council Session - 1/24/2023 Page 18 / 182 ORDINANCE NO. 9915 (Cont.) - 2 - SECTION 3. This ordinance is directed to be filed 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, without the plat, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: January 24, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 19 / 182 S00°24'03"E50.00'S89°56'38"W (ASSUMED BEARING) 266.96'N00°26'14"W50.00'N89°56'38"E 266.99' DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 39 11 12/8/2020 R190020 GRAND ISLAND #7 AG/BS 1" = 100' AJG RIGHT OF WAY EXHIBIT MONUMENT FOUND CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND MONUMENT SET NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 12T11NHALL COUNTY R10W P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Phase II Ease.dwg, on 12/8/2020 9:41 AM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 10050NORTH ROADRIGHT OF WAY AREA SECTION LINE RIGHT OF WAY (13,349 SQ.FT.) NORSEMAN AVENUE NOBLE AVENUEINST. NO. 201807560 INST. NO. 200407646 LOT 1 LOT 2 LOT 3 BLOCK 4 STERLING ESTATES SUB. LOT1 BLOCK 5 STERLING ESTATES SUB.PRESTIGEAVENUEPT NW1/4 SEC. 12-T11N-R10W NE COR. INST. NO. 200407646 POINT OF BEGINNING RIGHT OF WAY DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 200407646; THENCE S89°56'38"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 266.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE N00°26'14"W ON THE EAST RIGHT OF WAY LINE OF NORTH ROAD, A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 201807560; THENCE N89°56'38"E ON THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 266.99 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE S00°24'03"E, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 13,349 SQUARE FEET, MORE OR LESS. Grand Island Council Session - 1/24/2023 Page 20 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-1 Approving Minutes of January 10, 2023 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 1/24/2023 Page 21 / 182 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 10, 2023 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 January 10, 2023. Notice of the meeting was given in The Grand Island Independent on January 4, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear and Jason Conley. The following City Officials were present: City Clerk RaNae Edwards, Finance Director Patrick Brown, City Attorney Laura McAloon and Interim Public Works Director Keith Kurz. INVOCATION was given by Pastor Kelly Karges, Trinity United Methodist Church, 511 North Elm Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Police Chief Robert Falldorf for Service to the City of Grand Island. Mayor Steele and the City Council recognized Police Chief Robert Falldorf with a plaque and recognized his 36 years of service with the City of Grand Island Police Department. Chief Falldorf was present for the recognition and thanked everyone who helped him through the years. Jay Vavricek, 2729 Brentwood Boulevard thanked Chief Falldorf for his service. PUBLIC HEARINGS: Public Hearing on Request from Aloha Investments, LLC dba Afternooner’s, 3773 Sky Park Road, Suite 5 for a Class "C" Liquor License. City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from Aloha Investments, LLC dba Afternooner’s, 3773 Sky Park Road, Suite 5. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on December 6, 2022; notice to the general public of date, time, and place of hearing published on December 31, 2022; notice to the applicant of date, time, and place of hearing mailed on December 6, 2022. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Request from Grand Island Casino Resort, LLC dba Grand Island Casino Resort, 700 E Stolley Park Road, Suite 2 for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from Grand Island Casino Resort, LLC dba Grand Island Casino Resort, 700 E Stolley Park Road, Suite 2. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on December 20, 2022; notice to the general public of date, time, and place of hearing published on December 31, 2022; notice to the Grand Island Council Session - 1/24/2023 Page 22 / 182 Page 2, City Council Regular Meeting, January 10, 2023 applicant of date, time, and place of hearing mailed on December 20, 2022. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 2983 S. Stuhr Road (Phillip Beckett, II). Utilities Director Tim Luchsinger reported that a utility easement was needed at 2983 South Stuhr Road. The Utilities Department needed to acquire a twenty (20.0) foot wide easement tract through a part of Lot Four (4), Stuhr Acres Subdivision, in the City of Grand Island, Hall County, Nebraska. Developer Phillip A. Beckett, II had requested electric service supply for the five lots in the newly developed Stuhr Acres Subdivision. The proposed easement would allow the Utilities Department to install, access, operate, and maintain the power line and infrastructure at this location. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Right-of-Way in Lassonde Third Subdivision (Parcel No. 400059893- 2002 Nelson Ln). Interim Public Works Director Keith Kurz reported that the owner of 2002 Nelson Lane, The Orchard, LLC, was dedicating the necessary public right-of- way to allow public access to the Orchard Subdivision from the north. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Fitzke moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9913 - Consideration of Approving Amendment to Chapter 18 of the Grand Island City Code Relative to Uniform Mechanical Code #9914 - Consideration of Approving Amendment to Chapter 26 of the Grand Island City Code Relative to Uniform Plumbing Code be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion failed. #9913 - Consideration of Approving Amendment to Chapter 18 of the Grand Island City Code Relative to Uniform Mechanical Code Building Department Director Craig Lewis reported that the City of Grand Island had adopted and enforced mechanical regulations for several years. Currently the 2018 edition of the Uniform Mechanical Code was adopted to provide minimum standards for the protection of the public health, safety, and welfare in regard to mechanical installations and facilities. This proposal was to amend the City Code to adopt the latest edition of the Uniform Mechanical Code, that being the 2021 edition. Staff recommended approval. Motion by Paulick, second by Stelk to approve Ordinance #9913. Grand Island Council Session - 1/24/2023 Page 23 / 182 Page 3, City Council Regular Meeting, January 10, 2023 City Clerk: Ordinance #9913on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9913on second and final reading. All those in favor of this passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9913is declared to be lawfully adopted upon publication as required by law. #9914 - Consideration of Approving Amendment to Chapter 26 of the Grand Island City Code Relative to Uniform Plumbing Code Building Department Director Craig Lewis reported that the City of Grand Island had adopted and enforced plumbing regulations for several years. Currently the 2018 edition of the Uniform Plumbing Code was adopted to provide minimum standards for the protection of the public health, safety, and welfare in regard to plumbing installations and facilities. This proposal was to amend the City Code to adopt the latest edition of the Uniform Plumbing Code, that being the 2021 edition. Staff recommended approval. Motion by Guzinski, second by Conley to approve Ordinance #9914. City Clerk: Ordinance #9914 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9914 on second and final reading. All those in favor of this passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9914 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-2 was pulled from the agenda. Consent Agenda items G-5, G-12, G-13, and G-15 (Resolutions #2023-3, #2023-10, #2023-11, and #2023-13) were pulled for further review Motion by Paulick, second by Stelk to approve the Consent Agenda excluding items G-2, G-5, G-12, G-13, and G-15. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 20, 2022 City Council Regular Meeting. Approving Councilmembers Appointments to Boards and Commissions. This item was pulled from the agenda. Grand Island Council Session - 1/24/2023 Page 24 / 182 Page 4, City Council Regular Meeting, January 10, 2023 #2023-1 - Approving Request from Aloha Investments, LLC dba Afternooner’s, 3773 Sky Park Road, Suite 5 for a Class "C" Liquor License and Liquor Manager Designation for Kialani Hose, 1407 N. Cherry Street. #2023-2 - Approving Request from Grand Island Casino Resort, LLC dba Grand Island Casino Resort, 700 E Stolley Park Road, Suite 2 for a Class “I” Liquor License and Liquor Manager Designation for Vincent Fiala, 3784 Lilac Lane. #2023-3 - Approving Bid Award for Recruiting Firm for Search to Fill City Administrator and Public Works Director Positions with Government Professional Solutions (GPS) of Monument, Colorado in an Amount of $37,000.00. Human Resources Director Aaron Schmid reported that Administration was seeking approval to utilize the services of Government Professional Solutions (GPS) of Monument, CO for the City Administrator and Public Works Director/City Engineer positions in the amount of 37,000.00. Jay Vavricek, 2729 Brentwood Boulevard spoke in support and commented about the process. Discussion was held regarding payment for the services. Mr. Schmid sated they would be paid in three installments and answered questions regarding the timeframe. He also stated the recruitment was guaranteed for 24 months against termination or resignation for any reason. Any subsequent search would be done for actual cost. Motion by Haase, second by Lanfear to approve Resolution #2023-3. Upon roll call vote, all voted aye. Motion adopted. #2023-4 - Approving Acquisition of Utility Easement - 2983 S. Stuhr Road (Phillip Beckett, II). #2023-5 - Approving Certificate of Final Completion for WMP 2021-W-1 - Oak and Kimball from Koenig to Division with Van Kirk Bros. Constricting of Suttton, Nebraska. #2023-6 - Approving Acquisition of Public Right-of-Way in Lassonde Third Subdivision (Parcel No. 400059893- 2002 Nelson Ln). #2023-7 - Approving Bid Award for Crushed Rock for 2023 with Dobesh Land-Leveling, LLC of Grand Island, Nebraska, Southwest Gravel Products, LLC of Axtell, Nebraska, and NSG Logistics, LLC of Gothenburg, Nebraska for various prices. #2023-8 - Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sidewalk Repair at 239 South Plum Street with Galvan Construction, Inc. of Grand Island, Nebraska. #2023-9 - Approving Certificate of Final Completion for Diffuser Replacement; Project No. 2022-WWTP-2 with JCI Industries, Inc. of Lee’s Summit, Missouri. #2023-10 - Approving Transit Scheduling System with Foxster Opco, LLC, dba CTS Software of Swansboro, North Carolina in and Amount of $181,150.00. Transit Program Manager Charley Grand Island Council Session - 1/24/2023 Page 25 / 182 Page 5, City Council Regular Meeting, January 10, 2023 Falmlen explained the new software options, the process, and costs with CTS Software. Finance Director Patrick Brown state that CARES Act money would be used to pay for the software. Motion by Nickerson, second by Stelk to approve Resolution #2023-10. Upon roll call vote, all voted aye. Motion adopted. #2023-11 - Approving Disadvantaged Business Enterprises Program (DBE) for the City of Grand Island Transit Division of the Public Work Department. Transit Program Manager Charley Falmlen explained what qualified a business to become a DBE and what benefits they would receive. Motion by Haase, second by Lanfear to approve Resolution #2023-11. Upon roll call vote, all voted aye. Motion adopted. #2023-12 - Approving Purchase of Trojan Technologies Items for UV System at the Wastewater Treatment Plant from MC2 Inc. of Omaha, Nebraska in an Amount of $48,072.16 plus freight. #2023-13 - Approving Amendment No. 1 for North Moores Creek Wetland Mitigation Bank with Felsburg Holt & Ullevig of Omaha, Nebraska for an Increase of $116,515.00 and a Revised Contract Amount of $212,835.00. Interim Public Works Director Keith Kurz explained and answered questions regarding the wetlands. He stated Amendment No. 1 would include project management, data collection, preliminary design and project permitting. Discussion was held regards to the flow of the Moores Creek drain way. Motion by Lanfear, second by Haase to approve Resolution #2023-13. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2023-14 - Consideration of Approving Proposal for the Inflation Reduction Act Generation Evaluation and Advisory with Baker Tilly of St. Paul, Minnesota in an Amount of $130,500.00. Utilities Director Tim Luchsinger reported that an engineering study in 2022 recommended that additional solar generation would benefit our current asset mix. On August 7, 2022, the federal Inflation Reduction Act was passed, which included provisions for public utilities to receive payments through tax credits for developing zero emissions generation. Using a matrix of the Utility Department’s established evaluation criteria, which included pricing and commercial terms, fees, company and personnel experience, contract forms, and proposal responsiveness, these proposals were reviewed by Department and Finance management staff. A tabulation of the evaluation factors indicated a consensus for Baker Tilly. Staff recommended approval. Motion by Haase, second by Paulick to approve Resolution #2023-14. Upon roll call vote, all voted aye. Motion adopted. #2023-15 - Consideration of Approving Compact for Apprehension of Narcotics Dealers and Offenders (CANDO) Interlocal Agreement. Police Chief Robert Falldorf reported that the Police Department had been a charter member of the Compact for Apprehension of Narcotics Dealers Grand Island Council Session - 1/24/2023 Page 26 / 182 Page 6, City Council Regular Meeting, January 10, 2023 and Offenders (CANDO) through an Interlocal Agreement with several other Sheriff and Police Departments since the inception of the organization. Clay County Sheriff’s Department would like to join the Interlocal Agreement which was approved by the CANDO board. Staff recommended approval. Chief Falldorf answered questions regarding the process of Counties and Cities joining the Interlocal. Motion by Haase, second by Guzinski to approve Resolution #2023-15. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Guzinski, second by Lanfear to approve the payment of claims for the period of December 21, 2022 through January 10, 2023 for a total amount of $5,544,021.36. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:29 p.m. RaNae Edwards City Clerk Grand Island Council Session - 1/24/2023 Page 27 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-2 Approving Councilmembers Appointments to Boards and Commissions Staff Contact: Mayor Roger Steele Grand Island Council Session - 1/24/2023 Page 28 / 182 Council Agenda Memo From:Mayor Roger G. Steele Meeting:January 24, 2023 Subject:Approving Councilmember Appointments to Boards and Commissions for 2023 Presenter(s):Mayor Roger G. Steele Background It is customary each year for the Mayor to recommend appointments of Councilmember’s to represent the City on various Boards and Commissions. Discussion The following appointments have been submitted by the Mayor for approval. These appointments will become effective January 1, 2023 and will expire on December 31, 2023, except as noted: Role Term Ends Animal Advisory Board: Mitch Nickerson Voting Building Code Advisory:Doug Lanfear Non-voting Central District Health Board Chuck Haase Voting 2023 (Term of 3 years) Central NE Humane Society:Doug Lanfear Non-voting Citizen Advisory Review Committee:Mike Paulick Non-voting Community Redevelopment Authority:Mitch Nickerson Non-voting 2027 (Term of 5 years) Emergency Management/Communications:Jason Conley Voting Michelle Fitzke Voting Entitlement Stakeholders Committee:Michelle Fitzke Voting Firefighters Pension Committee:Jason Conley Voting 2024 (Term of 4 years) Grand Island Council Session - 1/24/2023 Page 29 / 182 Fonner Park BID:Maggie Mendoza Non-voting (So. Locust – Stolley to Fonner) Grow Grand Island Chuck Haase Non-voting Mark Stelk Non-voting Grand Generation Board:Mark Stelk Non-voting Heartland Events Center Board:Mike Paulick Non-voting Law Enforcement Co-Location Committee:Jack Sheard Voting Library Board:Mitch Nickerson Non-voting Metropolitan Planning Organization Policy Board:Bethany Guzinski Voting Doug Lanfear Voting Jack Sheard Voting Police Pension Committee:Jason Conley Voting 2024 (Term of 4 years) Problem Resolution Team:Mike Paulick Voting Bethany Guzinski Voting Railside BID:Bethany Guzinski Non-voting Regional Planning Commission:Mark Stelk Voting South Locust Street BID:Maggie Mendoza Non-voting (So. Locust – Hwy 34 to Stolley) Systems Information Advisory Committee:Maggie Mendoza Voting (City/County) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the appointments of Councilmember’s to Board and Commissions 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 - 1/24/2023 Page 30 / 182 Recommendation City Administration recommends that the Council approve the recommendation of the Mayor. Sample Motion Move to approve the appointments of Councilmember’s to the Boards and Commissions for 2023 as recommended by the Mayor. Grand Island Council Session - 1/24/2023 Page 31 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-3 #2023-16 - Approving Budget Software Annual Renewal Staff Contact: Patrick Brown Grand Island Council Session - 1/24/2023 Page 32 / 182 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:January 24, 2023 Subject:Approving Annual Payment for Budget Software Presenter(s):Patrick Brown, Finance Director Background On November 14, 2017, Council approved the purchase and implementation of OpenGov software solution for budgeting and reporting via resolution 2017-309. This software serves as the primary budget software tool for the City of Grand Island budget process. The software was purchased through SHI International Corporation using the State of Nebraska service contract and the original term was five years. Discussion The original contract term expired 12/1/2022 and the vendor has notified the City that the new cost for the period of 12/1/2022 to 11/30/2023 is $49,019.34. The Finance Department is recommending a one year renewal with the intent of issuing an RFP in Spring 2023 for new pricing on this or a similar software tool beginning with fiscal year 2024. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 2022-2023 invoice for budget software. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve a one year extension of the SHI International Corporation in the amount of $49,019.34. Grand Island Council Session - 1/24/2023 Page 33 / 182 Sample Motion Move to approve the resolution authorizing the execution of a one year extension to the City’s contract with SHI International Corp. for the OpenGov budgeting software in the amount of $49,019,34. Grand Island Council Session - 1/24/2023 Page 34 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-16 WHEREAS, on November 14, 2017, by Resolution 2017-309, the City of Grand Island approved the proposal by SHI International Corp. for the OpenGov budgeting software and entered into a five year contract for the software service; and WHEREAS, staff have recommended a one year extension to the original contract in order to receive continued maintenance support and access from the company while a new Request for Proposals is prepared and issued for award in fiscal year 2024; and WHEREAS, the total annual contract cost for the period of December 1, 2022 to November 30, 2023 for support is $49,019.34. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a one year extension of the City’s softward contract with SHI International Corp for the OpenGov budget software in the amount of $49,019.34 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such renewal on behalf of the City of Grand Island and take all further actions necessary to implement the contract extension. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. ______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 35 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-4 #2023-17 - Approving Final Plat and Subdivision Agreement for Ben R Davis Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 1/24/2023 Page 36 / 182 Council Agenda Memo From:Regional Planning Commission Meeting:January 24, 2023 Subject:Ben R. Davis Subdivision - Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south of Anderson Avenue and east of Pine Street in Grand Island. This splits an existing half lot into two lots that both conform to the zoning regulations. The property is zoned R3 Medium Density Residential Zone. (2 Lots, .31 Acres) Discussion The final plat for Ben R Davis Subdivision was considered at the Regional Planning Commission at the January 11, 2023 meeting on the consent agenda. A motion was made by Ruge and second by Rainforth to approve all items on the consent agenda. The motion was carried with ten members voting in favor (Allan, Nelson, Ruge, Robb, Monter, Rainforth, Rubio and Doane) and no members abstaining or voting no (Hendricksen and Doane were absent). 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 - 1/24/2023 Page 37 / 182 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve the final plat and subdivision agreement for the Ben R. Davis Subdivision as recommended. Grand Island Council Session - 1/24/2023 Page 38 / 182 Developer/Owner LBE Family Limited Partnership 3280 Woodridge Blvd Ste 160 Grand Island, NE 68801 To create one additional lot Size: Final Plat 2 lots, .31 Acres Zoning: R3 Medium Density Residential Zone Road Access: Vine street is a paved city street. Water: City water is available to the subdivision. Sewer: City sewer is available to the subdivision. Grand Island Council Session - 1/24/2023 Page 39 / 182 NScale 1" = 20' - Corner Found 1/2" Pipe Unless Otherwise Noted - 1/2 Rebar Placed W/Survey Cap Unless Otherwise Noted - Temporary PointAll Distances on Curves areChord DistanceR - Recorded DistanceA- Actual DistanceP- Prorated DistanceLegend14' ALLEYLOT 13APPROVALSSubmitted to and approved by the Regional Planning Commission of HallCounty, Grand Island and Wood River, and The Villages of Alda, Cairo, andDoniphan, Nebraska ChairmanDateApproved and accepted by the City of Grand Island, Hall County, Nebraskathis________ Day of _________________,20____MayorCity ClerkSURVEYORS CERTIFICATE I hereby certify that on December 8, 2022, I completed an accurate survey of 'BEN R. DAVISSUBDIVISION', in Hall County, Nebraska, as shown on the accompanying plat thereof; that thelots, blocks, streets, avenues, alleys, parks, commons and other grounds as contained in saidsubdivision as shown on the accompanying plat thereof are well and accurately staked off andmarked; that iron markers were placed at all lot corners; that the dimensions of each lot are asshown on the plat; that each lot bears its own number; and that said survey was made withreference to known and recorded monuments.____________________________________Brent D CyboronNebraska Professional Registered Land Surveyor No. 727NO R OBYC.D TNERBLS-727N E BRASKAR E GI STEREDRO Y EVRUS DNALACKNOWLEDEGEMENTState of NebraskaCounty of Hall On the ____day of _______ , 20___, before me ___________________ a Notary Public within and for said County, personally appeared LonnieD. Davis - General Partner, LBE Family Limited Partnership convey to GRANTEES, and to me personally known to be the identical person whosesignature is affixed hereto, and that he did acknowledge the execution thereof to be his voluntary act and deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Grand Island, Nebraska, on the date last above written. My commission expires __________________ .20________________________________ Notary PublicDEDICATIONKNOW ALL MEN BY THESE PRESENTS, that Lonnie D Davis, General Partner of, LBE Family Limited Partnership, and being the owner of the land describedhereon, has caused same to be surveyed, subdivided, platted and designated as 'BEN R. DAVIS SUBDIVISION' in the City of Grand Island, Hall County,Nebraska, as shown on the accompanying plat thereof, and do hereby dedicate the easements, if any, as shown thereon for the location, construction andmaintenance of public service utilities, together with the right of ingress and egress thereto, and hereby prohibiting the planting of trees, bushes and shrubs, orplacing other obstructions upon, over, along or underneath the surface of such easements; and that the foregoing subdivision as more particularly described in thedescription hereon as appears on this plat is made with the free consent and in accordance with the desires of the undersigned owner and proprietor.IN WITNESS WHEREOF, I have affixed my signature hereto, at Grand Island, Nebraska.Lonnie D. Davis - General Partner Date____________ BEN R. DAVIS SUBDIVISIONReplat of W1/2 Lot 6 Vantine's Subdivision to the City of Grand Island, HallCounty, Nebraska.135.00' A (135.00' R) S 89°50'05" EVANTINE'S SUBDIVISION135.69' A (135.00' R) S 89°32'14" WHAWTHORNE PLACE99.74' A (101.00' R) S 00°27'28" E 49.87' A 49.87' A SOUTH PINE STREET50.61' A101.22' A (101.00' R) N 00°03'12" W50.61' ALEGAL DESCRIPTIONThe West Half of Lot 6, Vantine's Subdivision in the City of Grand Island, Hall County, Nebraska.Grand Island, Nebraska1" = 20'12/14/2022Brent C.1 OF 1INITIAL POINT SURVEYING LLC1811 W 2nd Street; Suite 280Grand Island, NE 68803308-383-6754 Cell308-675-4141 OfficeBen R. Davis Subdivision135.35' A (135.00' R)LOT 14LOT 6E1/2LOT 7E1/2LOT 7W1/2LOT 16791.230 Sq. Ft.LOT 26808.650 Sq. Ft.VANTINE'S SUBDIVISIONHAWTHORNE PLACEL o c a t i o n S k e t c h12' UTILITY EASEMENTBk. P Page 4751/10/2023Grand IslandCouncil Session - 1/24/2023Page 40 / 182 SUBDIVISION AGREEMENT BEN R. DAVIS SUBDIVISION Lots 1 and 2 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, LBE FAMILY a Limited Partnership hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Replat of W1/2 of Lot 6 Vantine's Subdivision in the City of Grand Island, Hall County, Nebraska.; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as BEN R. DAVIS SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, * This Space Reserved for Register of Deeds * Grand Island Council Session - 1/24/2023 Page 41 / 182 - 2 - and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said BEN R. DAVIS SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for Pine Street where it abuts the subdivision. 2.Water. Public water supply is available to the subdivision, and all new structures requiring service shall be connected to such water supply. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision, and all new structures requiring service shall be connected to such sanitary sewer supply. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. The Subdivider shall maintain all public sidewalks required by the City of Grand Island. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. Grand Island Council Session - 1/24/2023 Page 42 / 182 - 3 - In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 8.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as BEN R. DAVIS SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 9.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2023. Grand Island Council Session - 1/24/2023 Page 43 / 182 - 4 - LBE FAMILY, Limited Partnership Subdivider By: ____________________________________ Lonnie Davis, Managing Member STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Lonnie Davis, Managing Member of LBE Family, Limited Partnership, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of LBE Family, Limited Partnership. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2023-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public Grand Island Council Session - 1/24/2023 Page 44 / 182 - 5 - My commission expires: ____________________ Grand Island Council Session - 1/24/2023 Page 45 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-17 WHEREAS know all men by these presents, that “LBE Family Limited Partnership, being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “BEN R. DAVIS SUBDIVISION”, A Replat of W ½ Lot 6 Vantine’s Subdivision to the City of Grand Island, Hall County, Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of BEN R. DAVIS SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 46 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-5 #2023-18 - Approving Final Plat and Subdivision Agreement for The Orchard Third Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 1/24/2023 Page 47 / 182 Council Agenda Memo From:Regional Planning Commission Meeting:January 24, 2023 Subject:The Orchard Third Subdivision - Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south 19th Street and east of Peach Street in Grand Island, NE. The property is zoned R3-SL Medium Density Residential Small-Lot Zone. (63 Lots, 7.630 Acres) Discussion The final plat for The Orchard Third Subdivision was considered at the Regional Planning Commission at the January 11, 2023 meeting on the consent agenda. A motion was made by Ruge and second by Rainforth to approve all items on the consent agenda. The motion was carried with ten members voting in favor (Allan, Nelson, Ruge, Robb, Monter, Rainforth, Rubio and Doane) and no members abstaining or voting no (O’Neill, Stevenson, Hendricksen and Randone were absent). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the final plat as presented. Grand Island Council Session - 1/24/2023 Page 48 / 182 Sample Motion Move to approve the final plat and subdivision agreement for Orchard Third Subdivision as recommended. Grand Island Council Session - 1/24/2023 Page 49 / 182 Developer/Owner The Orchard LLC c/o Hoppe Homes 5631 S 48th Street Lincoln, NE 68516 To create 63 additional lots for townhomes and row houses Size: Final Plat 63 lots, 7.630 Acres Zoning: R3-SL Medium Density Residential Small-Lot Zone Road Access: Apple Street will be paved to city standards as a 34’ street and 14th Street will be paved to city standards. Water: City water is available to the subdivision and will be extended to serve all lots. Sewer: City sewer is available to the subdivision and will be extended to serve all lots. Grand Island Council Session - 1/24/2023 Page 50 / 182 LOT 9BLOCK 1THE ORCHARDSUB(NOT A PART)LOT 8BLOCK 1THE ORCHARDSUB(NOT A PART)LOT 7BLOCK 1THE ORCHARDSUB(NOT A PART)LOT 6BLOCK 1THE ORCHARDSUB(NOT A PART)LOT 5BLOCK 1THE ORCHARDSUB(NOT A PART)LOT 1, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 2, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 3, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 4, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 5, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 6, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 7, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 8, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 9, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 10, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 11, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 12, BLOCK 4THE ORCHARD SUB(NOT A PART)38.08'(P) 38.22'(M) N06°33'37"W N02°37'38"W 308.50'(M) 308.57'(P) N00°41'12"E 118.76'(M) 118.68'(P)S89°16'34"E 175.64'(M) 175.60'(P)C 1 80.35'(M) 80.31'(P) S02°37'05"EN87°19'45"E103.96'(M)103.84'(P)C2C3LOT 16352.58 SF0.146 ACLOT 23603.17 SF0.083 ACLOT 33603.17 SF0.083 ACLOT 43603.17 SF0.083 ACLOT 53603.17 SF0.083 ACLOT 63603.17 SF0.083 ACLOT 73603.17 SF0.083 ACLOT 83603.17 SF0.083 ACLOT 93792.81 SF0.087 ACLOT 102275.68 SF0.052 ACLOT 112275.68 SF0.052 ACLOT 143792.81 SF0.087 ACLOT 133792.81 SF0.087 ACLOT 122275.68 SF0.052 ACLOT 152275.68 SF0.052 ACLOT 162275.68 SF0.052 ACLOT 123483.49 SF0.080 ACLOT 113618.79 SF0.083 ACLOT 103618.85 SF0.083 ACLOT 93618.87 SF0.083 ACLOT 83618.90 SF0.083 ACLOT 73618.92 SF0.083 ACLOT 63618.94 SF0.083 ACLOT 53618.96 SF0.083 ACLOT 43618.98 SF0.083 ACLOT 33588.49 SF0.082 ACLOT 23505.79 SF0.080 ACLOT 14088.78 SF0.094 ACS89°16'34"E88.52'(M)42.92'(M)S87°22'25"W 91.16'(M)48.18'(M) 38'(M) 38.06'(M)93.36'(M)38'(M)S87°22'25"W 95.24'(M)N02°37'38"W 5.53'(M)32.52'(M) 38'(M)95.24'(M)38'(M) 38'(M)95.24'(M)38'(M) 38'(M)95.23'(M)38'(M) 38'(M)95.23'(M)38'(M) 38'(M)95.23'(M)38'(M) 38'(M)95.23'(M)38'(M) 38'(M)95.23'(M)38'(M) 38'(M)S87°22'25"W 95.16'(M)N06°33'37"W 1.03'(M)36.97'(M) 37.10'(M) 37.19'(M)N89°16'34"W25.01'(M)58.49'(M)N87°22'25"E 94.82'(M)N02°37'35"W 122.92'(M)38'(M) 38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M)38'(M)94.82'(M)38'(M)40'(M)94.82'(M)40'(M)24'(M)94.82'(M)24'(M) 24'(M)94.82'(M)24'(M) 24'(M)94.82'(M)24'(M)40'(M)94.82'(M)40'(M) 40'(M)94.82'(M)40'(M)24'(M)94.82'(M)24'(M)24'(M) 24'(M)BLOCK 2BLOCK 1S02°37'35"E 1225.23'(M)S87°22'25"W 92.61'(M)S02°37'35"E 1302.74'(M) APPLE STREETLOT 1314866.41 SF0.341 AC79.84'(M)N87°17'50"E 175.97'(M)CURVE TABLEA TRACT OF LAND CONSISTING OF ALL OF LOT 13, BLOCK 4, ALL OF LOT 14, BLOCK 4,AND PART OF OUTLOT A, ALL IN THE ORCHARD SUBDIVISION, IN THE CITY OF GRANDISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED ASFOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 4, THE ORCHARDSUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMEDBEARING OF S89°16'34"E, ALONG THE SOUTH RIGHT OF WAY LINE OF 19TH STREET, ADISTANCE OF 175.64 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE INA COUNTER CLOCKWISE DIRECTION AND ALONG SAID SOUTH RIGHT OF WAY LINE OF19TH STREET, HAVING A DELTA ANGLE OF 93°21'13", HAVING A RADIUS OF 66.00 FEET,AND CHORD BEARING N44°02'31"E A CHORD DISTANCE OF 96.03 FEET; THENCES02°37'35"E A DISTANCE OF 1302.74 FEET; THENCE S88°27'25"W A DISTANCE OF 95.05FEET; THENCE S01°32'35"E A DISTANCE OF 40.60 FEET; THENCE S88°27'25"E ADISTANCE OF 62.00 FEET; THENCE N01°32'35"E A DISTANCE OF 20.00 FEET; THENCES89°55'46"W A DISTANCE OF 102.02 FEET TO A POINT BEING EXISTING SOUTHEASTCORNER OF 14TH STREET; THENCE N01°01'11"W, ALONG THE EAST RIGHT OF WAYLINE OF 14TH STREET, A DISTANCE OF 60.12 FEET TO THE SOUTHEAST CORNER OF LOT28, BLOCK 4, THE ORCHARD SUBDIVISION AND ALSO BEING THE NORTHEAST CORNEROF SAID 14TH STREET; THENCE N01°06'08"W, ALONG THE EAST LINE OF SAID BLOCK 4,THE ORCHARD SUBDIVISION, A DISTANCE OF 540.59 FEET TO THE NORTHEAST CORNEROF LOT 15, BLOCK 4, THE ORCHARD SUBDIVISION; THENCE N89°50'05"E, ALONG THENORTH LINE OF LOT 15, BLOCK 4, THE ORCHARD SUBDIVISION, A DISTANCE OF 86.95FEET TO THE NORTHWEST CORNER OF SAID LOT 15, BLOCK 4 AND ALSO BEING THEEAST RIGHT OF WAY LINE OF PEACH STREET; THENCE N00°25'16"E, ALONG SAID EASTRIGHT OF WAY LINE OF PEACH STREET, A DISTANCE OF 35.37 FEET TO A POINT OFCURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION ANDALONG SAID EAST RIGHT OF WAY LINE OF PEACH STREET, HAVING A DELTA ANGLE OF13°03'02", HAVING A RADIUS OF 330.00 FEET, AND CHORD BEARING N06°06'15"E ACHORD DISTANCE OF 75.00 FEET TO A POINT OF CONTINUED CURVATURE; THENCEAROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION AND ALONG SAID EASTRIGHT OF WAY LINE OF PEACH STREET, HAVING A DELTA ANGLE OF 08°24'17", HAVINGA RADIUS OF 330.00 FEET, AND CHORD BEARING N16°49'55"E A CHORD DISTANCE OF48.36 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISEDIRECTION AND ALONG SAID EAST RIGHT OF WAY LINE OF PEACH STREET, HAVING ADELTA ANGLE OF 07°16'12", HAVING A RADIUS OF 270.00 FEET, AND CHORD BEARINGN17°23'57"E A CHORD DISTANCE OF 34.24 FEET TO THE SOUTHWEST CORNER OF LOT12, BLOCK 4, THE ORCHARD SUBDIVISION; THENCE N87°19'45"E, ALONG THE SOUTHLINE OF SAID LOT 12, BLOCK 4, A DISTANCE OF 103.96 FEET TO THE SOUTHEASTCORNER OF LOT 12, BLOCK 4, THE ORCHARD SUBDIVISION; THENCE N06°33'37"W,ALONG THE EAST LINE OF SAID LOT 12, BLOCK 4, A DISTANCE OF 38.22 FEET TO THENORTHEAST CORNER OF SAID LOT 12, BLOCK 4 AND ALSO BEING THE SOUTHEASTCORNER OF LOT 11, BLOCK 4, THE ORCHARD SUBDIVISION; THENCE N02°37'38"W,ALONG THE EAST LINE OF SAID BLOCK 4, A DISTANCE OF 308.50 FEET TO THESOUTHEAST CORNER OF LOT 3, BLOCK 4, THE ORCHARD SUBDIVISION; THENCEN00°41'12"E, ALONG THE EAST LINE OF SAID BLOCK 4, A DISTANCE OF 118.76 FEET TOTHE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 332357.86SQUARE FEET OR 7.630 ACRES MORE OR LESS OF WHICH 1.960 ACRES IS NEWDEDICATED ROAD RIGHT-OF-WAY.I HEREBY CERTIFY THAT ON ______________________, 2022, I COMPLETED ANACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF A TRACT OF LANDCONSISTING OF PART OF OUTLOT A, THE ORCHARD SUBDIVISION, IN THE CITYOF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THEACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHEREINDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS ARE ASSHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TOKNOWN AND RECORDED MONUMENTS._______________________________________________________JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630FAX 308.384.8752TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801MEASURED DISTANCEMPROPERTY LINEFOUND CORNER (3/4" IRON PIPE) SET CORNER (5/8"x24" REBAR W/CAP)RECORDED DISTANCERPTHE ORCHARD SUB DISTANCEP1LINCOLN VIEW ESTATES SUB DISTANCENEW PROPERTY LINENEW SUBDIVISION LINEPOBMATCH LINE AGrand IslandCouncil Session - 1/24/2023Page 51 / 182 LOT 15, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 16, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 17, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 18, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 19, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 20, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 21, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 22, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 23, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 24, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 25, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 26, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 27, BLOCK 4THE ORCHARD SUB(NOT A PART)LOT 28, BLOCK 4THE ORCHARD SUB(NOT A PART)S02°37'35"E 1992.77'(M) 1992.33'(P)S89°32'18"E 219.98'(M) 220.06'(P)60.02'(P) 60.12'(M) N01°01'11"W N01°06'08"W 540.59'(M) 540.73'(P) S02°37'34"E 2073.12'(M) 2072.64'(P)OUTLOT ATHE ORCHARD SUB(NOT A PART)S00°25'16"W 286.88'(M)S89°36'09"E 101.32'(M)S00°25'16"W 286.88'(M)S89°36'09"E 101.32'(M)87.18'(P)86.95'(M)N89°50'05"WN00°25'16"E35.37'(M)35.37'(P)C4LOT 253603.17 SF0.083 AC0.052 ACLOT 162275.68 SF0.052 ACLOT 183792.81 SF0.087 ACLOT 193792.81 SF0.087 ACLOT 202275.68 SF0.052 ACLOT 212275.65 SF0.052 ACLOT 222275.65 SF0.052 ACLOT 243603.17 SF0.083 ACLOT 263603.17 SF0.083 ACLOT 273603.17 SF0.083 ACLOT 283603.17 SF0.083 ACLOT 293603.17 SF0.083 ACLOT 303603.17 SF0.083 ACLOT 233792.81 SF0.087 ACLOT 333603.17 SF0.083 ACLOT 323603.17 SF0.083 ACLOT 313603.13 SF0.083 ACLOT 343603.17 SF0.083 ACLOT 353691.55 SF0.085 ACLOT 284742.16 SF0.109 ACLOT 273766.87 SF0.086 ACLOT 263728.45 SF0.086 ACLOT 253690.03 SF0.085 ACLOT 243651.61 SF0.084 ACLOT 233613.19 SF0.083 ACLOT 223574.77 SF0.082 ACLOT 213536.35 SF0.081 ACLOT 203497.93 SF0.080 ACLOT 193459.50 SF0.079 ACLOT 183421.08 SF0.079 ACLOT 173382.66 SF0.078 ACLOT 163344.24 SF0.077 ACLOT 153427.65 SF0.079 AC24'(M)94.82'(M)24'(M)24'(M)94.82'(M)24'(M) 40'(M)94.82'(M)40'(M) 24'(M)94.82'(M)24'(M) 24'(M)94.82'(M)24'(M) 24'(M)94.82'(M)24'(M) 38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M) 40'(M)94.82'(M)40'(M) 38'(M)94.82'(M)38'(M) 38.00'(M)94.82'(M)38'(M) 38'(M)94.82'(M)38'(M) 38'(M) 38'(M)94.82'(M)39.82'(M) S02°37'35"EN01°32'35"W11.49'(M)N02°37'35"W 26.53'(M)N87°22'25"E 99.63'(M)49.61'(M)S89°59'42"W 100.94'(M)45.01'(M)98.62'(M)38'(M) 38.01'(M)97.61'(M)38'(M) 38.01'(M)96.60'(M)38'(M) 38.01'(M)95.59'(M)38'(M) 38.01'(M)94.58'(M)38'(M) 38.01'(M)93.57'(M)38'(M) 38.01'(M)92.56'(M)38'(M) 38.01'(M)91.55'(M)38'(M) 38.01'(M)90.53'(M)38'(M) 38.01'(M)89.52'(M)38'(M) 38.01'(M)88.51'(M)38'(M) 38.01'(M)N87°22'25"E 87.50'(M)38'(M) 38.01'(M) 39.41'(M) 39.42'(M)BLOCK 1S02°37'35"E 1199.53'(M) S02°37'35"E 1225.23'(M)N87°22'25"E 86.45'(M)S02°37'35"E 1302.74'(M)S88°27'25"W 95.05'(M)S01°32'35"E 40.60'(M)S88°27'25"W62.00'(M)N01°32'35"W20.00'(M)94.82'(M)40'(M)94.82'(M)40'(M)LOT 172275.68 SF0.052 ACAPPLE STREET14TH STREETS89°55'46"W 102.02'(M)LOT 1419533.98 SF0.448 ACN87°17'50"E 175.97'(M)114.65'(M)BLOCK 2LOT 9LINCOLN VIEWESTATES SUB(NOT A PART)MEASURED DISTANCEMPROPERTY LINEFOUND CORNER (3/4" IRON PIPE) FAX 308.384.8752TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801SET CORNER (5/8"x24" REBAR W/CAP)RECORDED DISTANCERKNOW ALL MEN BY THESE PRESENTS, THAT THE ORCHARD, LLC, BEING THE OWNERS OFTHE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED,PLATTED AND DESIGNATED AS "" OF ALLOF LOT 13, BLOCK 4, ALL OF LOT 14, BLOCK 4, AND PART OF OUTLOT A, ALL IN THEORCHARD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, ASSHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY DEDICATE THE ROADRIGHT OF WAY, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER: ANDHEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIRUSE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLICSERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO,AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACINGOTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCHEASEMENTS; AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLYDESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THEFREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNEDOWNERS AND PROPRIETORS.IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT________________, NEBRASKA,THIS ____ DAY OF ____________, 202__._______________________________WARD F. HOPPE, MEMEBERON THIS ____ DAY OF ______________________, 202___, BEFORE ME, A NOTARYPUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED WARD F. HOPPE,MEMEBER, THE ORCHARD, LLC, TO BE PERSONALLY KNOWN TO BE THE IDENTICALPERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THEEXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, IHAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT____________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN.MY COMMISSION EXPIRES ________________________________________NOTARY PUBLICMATCH LINE APTHE ORCHARD SUB DISTANCEP1LINCOLN VIEW ESTATES SUB DISTANCENEW PROPERTY LINENEW SUBDIVISION LINESUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OFHALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OFALDA, CAIRO, AND DONIPHAN, NEBRASKA._______________________________ __________CHAIRPERSON DATEAPPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKATHIS ____ DAY OF ______ , 2022._______________________________MAYOR_______________________________CITY CLERKOWNERS: THE ORCHARD LLCSUBDIVIDER: THE ORCHARD LLCSURVEYOR: OLSSONENGINEER: OLSSONNUMBER OF LOTS: 61Grand IslandCouncil Session - 1/24/2023Page 52 / 182 SUBDIVISION AGREEMENT THE ORCHARD THIRD SUBDIVISION Block 1 Lots 1-28 and Block 2 Lots 1-35 In the City of Grand Island, Hall County Nebraska The undersigned, THE ORCHARD, L.L.C., a Nebraska limited liability company, and THE ROW ORCHARD, LP hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A Tract of Land Consisting of All of Lot 13, Block 4, All of Lot 14, Block 4, and Part of Outlot A, All in The Orchard Subdivision, in the City of Grand Island, Hall County, Nebraska desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as ORCHARD THIRD SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such * This Space Reserved for Register of Deeds * Grand Island Council Session - 1/24/2023 Page 53 / 182 - 2 - subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said THE ORCHARD THIRD SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to pave Apple Street and 14th Street in accordance with plans and specifications approved by the City's Director of Public Works, and subject to the City's inspection. If the Subdivider fails to pave Apple Street and 14th Street, the City may create a paving district to perform such work. The Subdivider agrees to waive the right to object to the creation of any paving district for Apple Street and 14th Street where they abut the subdivision. 2.Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 4.Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon so that storm drainage is Grand Island Council Session - 1/24/2023 Page 54 / 182 - 3 - conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed Grand Island Council Session - 1/24/2023 Page 55 / 182 - 4 - with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 8.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as THE ORCHARD THIRD SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 9.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2023. THE ORCHARD, L.L.C. A Nebraska limited liability company, Subdivider By: ____________________________________ Ward F. Hoppe, Member THE ROW ORCHARD, L.P. A Nebraska limited liability company, Subdivider By: ____________________________________ Ward F. Hoppe, Member Grand Island Council Session - 1/24/2023 Page 56 / 182 - 5 - STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ward F. Hoppe, Member of The Orchard, L.L.C. a Nebraska limited liability company known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of the company. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ward F. Hoppe, Member of The Row Orchard, L.P., known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of the company. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 57 / 182 - 6 - STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2023-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 1/24/2023 Page 58 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-18 WHEREAS know all men by these presents, that “The Orchard, LLC, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “THE ORCHARD THIRD SUBDIVISION”, A tract of land consisting of all of Lot 13, Block 4, All of Lot 14, Block 4, and part of Outlot A, All in the Orchard Subdivision in the City of Grand Island, Hall County, Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of THE ORCHARD THIRD SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 59 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-6 #2023-19 - Approving the Certificate of Compliance with the Nebraska Department of Transportation for Maintenance Agreement No. 12; Calendar Year 2022 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 1/24/2023 Page 60 / 182 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:January 24, 2023 Subject:Approving the Certificate of Compliance with the Nebraska Department of Transportation for Maintenance Agreement No. 12; Calendar Year 2022 Presenter(s):Keith Kurz PE, Interim Public Works Director Background The City of Grand Island and the Nebraska Department of Transportation have had an agreement for the maintenance of state highways within the City limits dating back to 1970. Maintenance responsibilities for State highways within the corporate City limits are defined by state statute. The Nebraska Department of Transportation (NDOT) is responsible for the surface maintenance costs of the originally constructed highway lanes through a community and the City is responsible for the surface maintenance costs of any highway widening including parking, additional thru lanes, and dedicated turn lanes. NDOT performs snow removal on NE Highway 2, US Highway 281, US Highway 34, and the portion of US Highway 30 west of Johnstown Road. The City performs snow removal on US Highway 30 from Johnstown Road through town to the east City limits at Shady Bend Road. The statutes provide that the NDOT is to reimburse the City for work the City performs on NDOT’s highway lanes and the City is to reimburse NDOT for snow removal on State Highways within the City Limits. Discussion The maintenance agreement requires the City to certify that it has completed the maintenance work required by the agreement for the 2022 calendar year. The net result of this exchange of services is a payment by the Nebraska Department of Transportation to the City of Grand Island in the amount of $102,743.90. Grand Island Council Session - 1/24/2023 Page 61 / 182 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass a resolution authorizing the Mayor to sign the Certificate of Compliance. Sample Motion Motion to approve the Certificate of Compliance for Maintenance Agreement No. 12. Grand Island Council Session - 1/24/2023 Page 62 / 182 CERTIFICATE OF COMPLIANCE Maintenance Agreement No. 12 QE 2106 Supp Maintenance Agreement between the Nebraska Department of Transportation and the Municipality of Grand Island Municipal Extensions in Grand Island We hereby certify that all roadway snow removal and surface maintenance has been accomplished as per terms of the Maintenance Agreement specified above. As per Section 8d of the Agreement, we are submitting this certificate to District Engineer Wes Wahlgren, Department of Transportation, Grand Island, Nebraska. ATTEST: ______________ day of ______________________ , ______. City Clerk Mayor/Designee I hereby certify that all roadway snow removal and surface maintenance was performed as per the above listed agreement and payment for the same should be made. District Engineer, Department of Transportation For Office Use Only Agreement No.: Pay/Bill Code: Contractor No.: Amount: $ NDOT Form 508, January 2018 Grand Island Council Session - 1/24/2023 Page 63 / 182 City Maintenance Agreement Attachment B City of: Grand Island Date: 1/1/22 Surface Maintenance From Attachment “C”, it is determined that the State's responsibility for surface maintenance within the City limits is 48.24 lane miles. Pursuant to Sections 1d, 8c, 8d of the Agreement and to Attachment “C” made part of this Agreement through reference, the State agrees to pay to the City the sum of $2,530.00 per lane mile for performing the surface maintenance on those lanes listed on Attachment “C”. Amount due the City for surface maintenance: 52.78 lane miles x $2,530.00 per lane mile = $133,533.40. Snow Removal From Attachment “A”, it is determined that snow removal within City limits is the responsibility of the City. Pursuant to Section 8d of the Agreement and to Attachment “C” made a part of this Agreement through reference, the City agrees to pay to the State the sum of $665.00 per lane mile for performing snow removal on those lanes listed on Attachment “C”. Amount due the State for snow removal: 46.30 lane miles x $665.00 per lane mile = $30,789.50 Other (Explain) $133,533.40 - $30,789.50 = $102,743.90 due the CITY. NDOT Form 504, August 17 Grand Island Council Session - 1/24/2023 Page 64 / 182 ATTACHMENT C CITY OF GRAND ISLAND—2022 STATE OF NEBRASKA DEPARTMENT OF TRANSPORTATION RESPONSIBILITY FOR SURFACE MAINTENANCE OF MUNICIPAL EXTENSIONS NEB. REV. STAT. 39-1339 and NEB. REV. STAT. 39-2105 Description HWY NO. Reference Post Length in Miles Total Driving Lanes Total Lane Miles Responsibility From To State City West City Limits to Begin Four- Lane Hwy N-2 354.45 354.59 0.14 2 0.28 **0.28* Begin Four-Lane Hwy to End State Maint. N-2 354.59 356.09 1.50 4 6 **3.00* 3.00* West City Limits to Johnstown Rd. US-30 310.02 312.49 2.47 2 4.94 **4.94* Johnstown Rd. to Greenwich St. US-30 312.49 314.86 2.37 4 9.48 **4.74 4.74 Greenwich St to end of One-Way US-30 EB 314.86 316.06 1.20 3 3.6 **2.40 1.20 Greenwich St to end of One-Way US-30 WB 314.85 316.06 1.21 3 3.63 3.63 End of One-Way to NE Corporate Limits US-30 316.06 317.72 1.66 4 6.64 **3.32 3.32 SW City Limits/Wildwood Dr./N. Jct. W/281/Husker Hwy US-34 228.89 231.16 2.27 4 9.08 **9.08* US_281 Jct. 50' W of UPRR/Leave Corp. Limits US-34 231.16 231.65 0.49 2 0.98 **0.98* Re-enter Corp. Limits - Begin Channelized Int. for Locust St. US-34 231.95 232.76 0.81 2 1.62 **1.62* Begin to End Channelized Int. for Locust St. US-34 232.76 233.25 0.49 4 1.96 **0.98* 0.98* End Channelized Int. for Locust St. to East City Limits US-34 233.25 233.39 0.14 2 0.28 **0.28* Jct. 34/281 to Webb/281 US-281 67.45 67.94 0.49 4 1.96 **1.96* N. of Webb Rd to End Four Lane US-281 68.20 72.16 3.96 4 15.84 **15.84* End Four-Lane to Ref. Post Equation US-281 72.16 73.11 0.95 2 1.90 **1.90* Ref. Post Equation to Begin Four Lane US-281 73.78 74.07 0.29 2 0.58 **0.58* Begin Four Lane to North Corp. Limits US-281 74.07 74.29 0.22 4 0.88 **0.88* TOTAL: 20.66 69.65 52.78 16.87 **52.78 LANE MILES NDOT PAYS CITY FOR SURFACE MAINTENANCE *46.30 LANE MILES CITY PAYS NDOT FOR SNOW REMOVAL Grand Island Council Session - 1/24/2023 Page 65 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-19 WHEREAS, each year the City of Grand Island enters into a maintenance agreement with the State of Nebraska Department of Transportation with respect to the surface maintenance and snow removal of state highways within the corporate limits of Grand Island; and WHEREAS, the City has complied with all surface maintenance work for the calendar year 2022 in accordance with the agreement; and WHEREAS, upon receiving the City’s Certificate of Compliance, the State will reimburse the City for surface maintenance work performed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island has complied with the terms of Maintenance Agreement No. 12 for calendar year 2022; and the Mayor is hereby authorized and directed to execute the Certificate of Compliance for such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 66 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-7 #2023-20 - Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Transportation for Calendar Year 2023 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 1/24/2023 Page 67 / 182 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:January 24, 2023 Subject:Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Transportation for Calendar Year 2023 Presenter(s):Keith Kurz PE, Interim Public Works Director Background Each year the City and the Nebraska Department of Transportation enter into an agreement for the maintenance of Highways within the City Limits. The agreement for 2023 has been prepared. The content and scope of the agreement is the same as that of previous years. The certification that calendar year 2022 work was performed by the City will be presented at tonight’s City Council meeting. Discussion The maintenance responsibilities by statute are detailed in Exhibit A of the agreement. Calculations for payments are detailed in Exhibit B. Surface maintenance and snow removal responsibilities from an operational efficiency stand point are detailed in Exhibit C. The net result of this exchange of services for 2023 will be a payment to the City of $102,743.90. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass a resolution approving Maintenance Agreement No. 12 for calendar year 2023. Sample Motion Motion to approve Maintenance Agreement No. 12 for calendar year 2023. Grand Island Council Session - 1/24/2023 Page 68 / 182 AGREEMENT RENEWAL Maintenance Agreement No. 12 / QE2106 Maintenance Agreement between the Nebraska Department of Transportation and the Municipality of GRAND ISLAND Municipal Extensions in GRAND ISLAND We hereby agree that Maintenance Agreement No. 12 / QE2106 described above be renewed for the period January 1, 2023 to December 31, 2023. All figures, terms and exhibits to remain in effect as per the original agreement dated January 1, 2022, with Attachments B and C attached hereto. In witness whereof, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates indicated below. Executed by the City this ________ day of ______________________ , . ATTEST: City of City Clerk/Witness Mayor/Designee Executed by the State this _______ day of ______________________ , . ATTEST: State of Nebraska District Engineer, Department of Transportation NDOT Form 507, August 17 Grand Island Council Session - 1/24/2023 Page 69 / 182 City Maintenance Agreement Attachment B City of: Grand Island Date: 1/1/22 Surface Maintenance From Attachment “C”, it is determined that the State's responsibility for surface maintenance within the City limits is 48.24 lane miles. Pursuant to Sections 1d, 8c, 8d of the Agreement and to Attachment “C” made part of this Agreement through reference, the State agrees to pay to the City the sum of $2,530.00 per lane mile for performing the surface maintenance on those lanes listed on Attachment “C”. Amount due the City for surface maintenance: 52.78 lane miles x $2,530.00 per lane mile = $133,533.40. Snow Removal From Attachment “A”, it is determined that snow removal within City limits is the responsibility of the City. Pursuant to Section 8d of the Agreement and to Attachment “C” made a part of this Agreement through reference, the City agrees to pay to the State the sum of $665.00 per lane mile for performing snow removal on those lanes listed on Attachment “C”. Amount due the State for snow removal: 46.30 lane miles x $665.00 per lane mile = $30,789.50 Other (Explain) $133,533.40 - $30,789.50 = $102,743.90 due the CITY. NDOT Form 504, August 17 Grand Island Council Session - 1/24/2023 Page 70 / 182 ATTACHMENT C CITY OF GRAND ISLAND—2022 STATE OF NEBRASKA DEPARTMENT OF TRANSPORTATION RESPONSIBILITY FOR SURFACE MAINTENANCE OF MUNICIPAL EXTENSIONS NEB. REV. STAT. 39-1339 and NEB. REV. STAT. 39-2105 Description HWY NO. Reference Post Length in Miles Total Driving Lanes Total Lane Miles Responsibility From To State City West City Limits to Begin Four- Lane Hwy N-2 354.45 354.59 0.14 2 0.28 **0.28* Begin Four-Lane Hwy to End State Maint. N-2 354.59 356.09 1.50 4 6 **3.00* 3.00* West City Limits to Johnstown Rd. US-30 310.02 312.49 2.47 2 4.94 **4.94* Johnstown Rd. to Greenwich St. US-30 312.49 314.86 2.37 4 9.48 **4.74 4.74 Greenwich St to end of One-Way US-30 EB 314.86 316.06 1.20 3 3.6 **2.40 1.20 Greenwich St to end of One-Way US-30 WB 314.85 316.06 1.21 3 3.63 3.63 End of One-Way to NE Corporate Limits US-30 316.06 317.72 1.66 4 6.64 **3.32 3.32 SW City Limits/Wildwood Dr./N. Jct. W/281/Husker Hwy US-34 228.89 231.16 2.27 4 9.08 **9.08* US_281 Jct. 50' W of UPRR/Leave Corp. Limits US-34 231.16 231.65 0.49 2 0.98 **0.98* Re-enter Corp. Limits - Begin Channelized Int. for Locust St. US-34 231.95 232.76 0.81 2 1.62 **1.62* Begin to End Channelized Int. for Locust St. US-34 232.76 233.25 0.49 4 1.96 **0.98* 0.98* End Channelized Int. for Locust St. to East City Limits US-34 233.25 233.39 0.14 2 0.28 **0.28* Jct. 34/281 to Webb/281 US-281 67.45 67.94 0.49 4 1.96 **1.96* N. of Webb Rd to End Four Lane US-281 68.20 72.16 3.96 4 15.84 **15.84* End Four-Lane to Ref. Post Equation US-281 72.16 73.11 0.95 2 1.90 **1.90* Ref. Post Equation to Begin Four Lane US-281 73.78 74.07 0.29 2 0.58 **0.58* Begin Four Lane to North Corp. Limits US-281 74.07 74.29 0.22 4 0.88 **0.88* TOTAL: 20.66 69.65 52.78 16.87 **52.78 LANE MILES NDOT PAYS CITY FOR SURFACE MAINTENANCE *46.30 LANE MILES CITY PAYS NDOT FOR SNOW REMOVAL Grand Island Council Session - 1/24/2023 Page 71 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-20 WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into Maintenance Agreement No. 12 with the State of Nebraska Department of Transportation with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, this agreement requires annual renewal by both parties thereto; and WHEREAS, it is in the best interest of the City of Grand Island to approve Maintenance Agreement No. 12 to be effective January 1, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that Maintenance Agreement No. 12 between the City and the State of Nebraska Department of Transportation for the term January 1, 2023 through December 31, 2023 is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 72 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-8 #2023-21 - Approving Bid Award for 18th Street - Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 1/24/2023 Page 73 / 182 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:January 24, 2023 Subject:Approving Bid Award for 18th Street- Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8 Presenter(s):Keith Kurz PE, Interim Public Works Director Background On December 22, 2022 the Engineering Division of the Public Works Department advertised for bids for 18th Street- Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8. There were forteen (14) potential bidders for this project. This project is one of the connections to Diers Avenue, as part of the overall Claude Road extension from just north of Faidley Avenue to State Street. This project will allow for improvements to the Diers Avenue corridor intended to control access and improve traffic performance and safety. Discussion Two (2) bids were received and opened on January 17, 2022. The bids submitted are in compliance with the contract, plans and specifications. A summary of the bids is shown below. Bidder Exceptions Bid The Diamond Engineering Co. of Grand Island, Nebraska None $1,149,288.25 Elsbury Construction, LLC of Grand Island, Nebraska None $1,172,671.82 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - 1/24/2023 Page 74 / 182 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding the contract for 18th Street- Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8 to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,149,288.25. Sample Motion Move to approve the resolution awarding the contract for Project No. 2022-P-8 to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,149,288.25. Grand Island Council Session - 1/24/2023 Page 75 / 182 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 17, 2023 at 2:00 p.m. FOR: 18th Street – Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8 DEPARTMENT: Public Works ESTIMATE: $2,000,000.00 FUND/ACCOUNT: 21000001 PUBLICATION DATE: December 22, 2022 NO. POTENTIAL BIDDERS: 14 SUMMARY Bidder: Diamond Engineering Co. Elsbury Construction, llc Grand Island, NE Grand Island, NE Bid Security: Universal Surety Co. Universal Surety Co. Exceptions: None None Bid Price: $1,098,553.95 $1,127,711.69 Alternate Bid: $ 405,594.10 $ 402,398.68 cc: Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Coordinator City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent P2414 Grand Island Council Session - 1/24/2023 Page 76 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-21 WHEREAS, the City of Grand Island invited sealed bids 18th Street- Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on January 17, 2023 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $1,149,288.25; and WHEREAS, The Diamond Engineering Company’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2022/2023 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,149,288.25 for 18th Street- Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 77 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-9 #2023-22 - Approving Bid Award for Custer Avenue - 13th Street to State Street Roadway Rehabilitation; Project No. 2022-P-5 (Phase III) Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 1/24/2023 Page 78 / 182 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:January 24, 2023 Subject:Approving Bid Award for Custer Avenue- 13th Street to State Street Roadway Rehabilitation; Project No. 2022-P- 5 (Phase III) Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Custer Avenue- Faidley Avenue to 13th Street Roadway Rehabilitation; Project No. 2021-P-8 is for the rehabilitation of Custer Avenue. The project will improve the ride/pavement condition along this stretch of existing concrete curb and gutter roadway. The curb and gutter section will be removed and replaced in areas where it is in poor condition. This will speed construction and will not require any driveway, sidewalk or landscaping replacement. To lessen the impact on traffic this project has been broken into phases, which consist of: Phase I- Old Potash Highway to Faidley Avenue (done); Phase II- Faidley Avenue to 13th Street (done); Phase III- 13th Street to State Street; Phase IV- State Street to Forrest Street. On October 12, 2021, via Resolution No. 2021-270, City Council approved the bid award of Custer Avenue- Old Potash Highway to Faidley Avenue; Project No. 2019-P-13 (Phase I) to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,246,840.95. On January 25, 2022, via Resolution No. 2022-25, City Council approved the bid award of Custer Avenue- Faidley Avenue to 13th Street Roadway Rehabilitation; Project No. 2021-P-8 (Phase II) to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $962,102.75. On December 22, 2022 the Engineering Division of the Public Works Department advertised for bids for the third phase of Custer Avenue- 13th Street to State Street Roadway Rehabilitation; Project No. 2022-P-5; with the fourth phase to be bid later FY 2022/2023. There were twenty-one (21) potential bidders for this project. Grand Island Council Session - 1/24/2023 Page 79 / 182 Discussion One (1) bid was received and opened on January 17, 2023. The bid submitted is in compliance with the contract, plans and specifications. A summary of the bid is shown below. Bidder Exceptions Base Bid The Diamond Engineering Co. of Grand Island, Nebraska None $1,109,367.45 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding the contract for Custer Avenue- 13th Street to State Street Roadway Rehabilitation; Project No. 2022-P-5 (Phase III) to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,109,367.45. Sample Motion Move to approve the resolution awarding the contract for Project No. 2022-P-5 to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,109,367.45. Grand Island Council Session - 1/24/2023 Page 80 / 182 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 17, 2023 at 2:30 p.m. FOR: Custer Avenue – 13th Street to State Street Roadway Rehabilitation; Project No. 2022-P-5 DEPARTMENT: Public Works ESTIMATE: $1,700,000.00 FUND/ACCOUNT: 21000001 PUBLICATION DATE: December 22, 2022 NO. POTENTIAL BIDDERS: 21 SUMMARY Bidder: Diamond Engineering Co. Grand Island, NE Bid Security: Universal Surety Co. Exceptions: None Bid Price: $1,109,367.45 cc: Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Coordinator City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent P2415 Grand Island Council Session - 1/24/2023 Page 81 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-22 WHEREAS, the City of Grand Island invited sealed bids for Custer Avenue- 13th Street to State Street Roadway Rehabilitation; Project No. 2022-P-5 (Phase III), according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on January 17, 2023 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $1,109,367.45; and WHEREAS, The Diamond Engineering Company’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2022/2023 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,109,367.45 for Custer Avenue- 13th Street to State Street Roadway Rehabilitation; Project No. 2022-P-5 (Phase III) is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 82 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-10 #2023-23 - Approving Change Order #1 for PGS Bottom Ash System Upgrade Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/24/2023 Page 83 / 182 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:January 24, 2022 Subject:Approving Change Order #1 Platte Generating Station Bottom Ash System Upgrade Presenter(s):Timothy G. Luchsinger, Utilities Director Background The City of Grand Island Utilities Department at Platte Generating Station publicly requested proposals to upgrade the existing bottom ash handling system to comply with the changes in regulations for the Effluent Limit Guidelines Rule (ELG rule). Platte Generating Station uses a steam generator powered by coal combustion to generate power. Left over ash from the coal combustion falls to the bottom of the boiler and is removed by the bottom ash handling system. The water used to transport bottom ash can no longer be discharged without treatment. Engineering design and equipment procurement required to meet the ELG rule was bid and awarded by Council on December 14, 2021 to UCC Environmental of Waukegan, Illinois in the amount of $1,980,700.00 per Resolution 2021-342. Installation of the equipment was estimated between $1,700,000-$2,500,000 by UCC at the time of proposal, but a firm price could not be provided due to construction market volatility. This change order is to approve the installation of the equipment. Discussion The original contract provided engineering services and upgraded equipment supply. UCC Environmental has proposed a firm construction and erection installation cost of $2,163,776.00. This installation cost of $2,163,776.00 added to the initial bid of $1,980,700.00 will create a final contract cost of $4,144,476.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. Grand Island Council Session - 1/24/2023 Page 84 / 182 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 authorizing Change Order #1 with UCC Environmental of Waukegan, Illinois for the Platte Generating Station Bottom Ash System Upgrade for the addition of $2,163,776.00 to the contract price, for a total contract price of $4,144,476.00. Sample Motion Move to approve Change Order #1 from UCC Environmental in the amount of $2,163,776.00 for the Platte Generating Station Bottom Ash System Upgrade. Grand Island Council Session - 1/24/2023 Page 85 / 182 TO:UCC Environmental 2100 Norman Drive Waukegan, IL 60085 Caleb Thornburg PROJECT:Platte Generating Station Bottom Ash System Upgrade CHANGE ORDER 1 You are hereby directed to make the following change in your contract: 1 Additional payment per the attached spreadsheet. ADD: The original Contract Sum $1,980,700.00 Previous Change Order Amounts -$ The Contract Sum is increased by this Change Order 2,163,776.00$ The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date 4,144,476.00$ Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:_________________________________Date ________________________ Attest: ___________________________________________________________ Approved as to Form, City Attorney ACCEPTED:UCC Environmental By: _________________________________Date _________________________ $2,163,776.00 Platte Generating Station 1035 W. Wildwood Drive Grand Island, NE 68801 308/385-5468 Grand Island Council Session - 1/24/2023 Page 86 / 182 City of Grand Island Utilities Department C130834 General Work Contract - Change Order 520.00032 Platte Generating Station Bottom Ash System Upgrade Comments:Firm construction and erection installation of the Bottom Ash System Contract:$1,980,700.00 Change Order Request Description Amount 001 Construction and erection installation 2,163,776.00$ 002 003 004 005 006 007 008 009 010 011 012 013 014 015 017 018 019 020 021 023 024 028 029 030 Total 2,163,776.00$ Grand Island Council Session - 1/24/2023 Page 87 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-23 WHEREAS, at the December 14, 2021, Council meeting, UCC Environmental, was awarded the contact for the Platte Generating Station Bottom Ash System Upgrade in the amount of $1,980,700.00; and WHEREAS, it was estimated to cost $1,700,000.00-$2,500,000 for the equipment installation, but a firm price could not be set due to the construction market volatility; and WHEREAS, the actual cost for the installation will be an additional $2,163,776.00 for a final contract cost of $4,144,476.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with UCC Environmental, in the total amount of $4,144,476.00, is approved, and the Mayor is hereby authorized to sign the Change Order on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 88 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-11 #2023-24 - Approving Purchase of Ryder Park Playground Staff Contact: Todd McCoy Grand Island Council Session - 1/24/2023 Page 89 / 182 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:January 24, 2023 Subject:Approving Purchase of New Inclusive Playground at Ryder Park Presenter(s):Todd McCoy, Parks and Recreation Director Background The City was approached by students and staff from the Central Community College Occupational Therapy Class with the idea of raising funds to building a new community inclusive playground. After much discussion and excitement generated from community leaders, City staff, and the Community Foundation, the decision was made to move forward to raise money for the project proposed at Ryder Park. The location was chosen because Ryder Park is centrally located, has good access to parking and restrooms, and has potential to benefit from future park developments. The new playground is designed to be handicap accessible and serve children with a wide range of ability levels. The playground will be completely funded with private donations. Part of the fundraising plan is to include a $250,000 endowment to cover annual cost maintenance of the equipment. On July 27, 2021 City Council approved Resolution 2021-186 to add a new playground in Ryder Park. On January 11, 2022 City Council approved Resolution 2022-13 the Agreement with the Central Community College Foundation (CCCF) and the Greater Grand Island Community Foundation to raise funds and construct the playground. On April 12, 2022 City Council approved Resolution 2022-104 to name the proposed playground after Tom and Sue Pirnie because of their $200,000 gift and to recognize donors of $5,000 or more with onsite signage. On September 13, 2022 approved Resolution 2022-254 the Agreement Amendment so the City can help with fundraising efforts by applying for grants that require the owner’s submission. Grand Island Council Session - 1/24/2023 Page 90 / 182 Discussion CCCF has secured a total of $928,434.00 in cash and pledges to date. To keep the project on schedule for completion in 2023 it is necessary to order the equipment. The equipment specifications awarded under the Sourcewell Cooperative Buying Group contract meet the requirements for this project. Creative Sites, LLC of Omaha, Nebraska submitted a bid for the equipment in the amount of $1,236,356.00. Creative Sites is providing pricing under the Sourcewell Contract #010521-BUR and the Purchasing Manager has approved the contract and procurement process. Creative Sites tentatively anticipates the playground project to start in mid-July 2023 and estimates construction to take approximately 9-12 weeks. The City funded Ryder Park bathroom project will tentatively be completed in July and the parking lot improvement will be planned for November 2023 completion. Grand Island Council Session - 1/24/2023 Page 91 / 182 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 the resolution awarding a contract to Creative Sites, LLC of Omaha, Nebraska to furnish and install new playground equipment at Ryder Park. Sample Motion Move to approve the resolution authorizing the award of contract to Creative Sites, LLC for the purchase of new playground equipment for Ryder Park in the amount of $1,236,356.00. Grand Island Council Session - 1/24/2023 Page 92 / 182 Page 1 of 2 CONTRACT AGREEMENT THIS AGREEMENT made and entered into this ________ day of January, 2023, by and between Creative Sites, LLC from Omaha, Nebraska hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared for PIRNIE INCLUSIVE PLAYGROUND; and WHEREAS, the City, contracted with Central Community College Foundation (“CCCF”) for the design and construction of the Playground; and WHEREAS, CCCF agreed to raise all necessary funds for the construction of the Playground and remit same to the City; and WHEREAS, City solicited pricing from cooperative purchasing Sourcewell, Contractor has a valid contract with Sourcewell under contract #010521-BUR, and has duly selected said Contractor, for the sum or sums named in the contract #010521-BUR, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his, or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of One million two hundred thirty six thousand three hundred fifty six and no/cents Dollars $1,236,356.00 for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided. The parties understand and agree that CCCF shall deposit with the City the funds for construction of the Playground. The parties further understand and agree that should CCCF be unable to provide adequate funds to the City for payment of Contractor invoices, City reserves the right to immediately suspend any further work by Contractor until such time as adequate CCCF funds are deposited with the City. The decision to suspend, terminate or resume the construction of the Playground due to the unavailability of CCCF funding shall be at the sole discretion of the City. City shall not be liable for any delay damages of Contractor if CCCF funding is not available. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of the PIRNIE PARK INCLUSIVE PLAYGROUND. Grand Island Council Session - 1/24/2023 Page 93 / 182 Page 2 of 2 ARTICLE IV. That the contractor shall start work only after the contract is signed, the required insurance and bonds are approved and contractor receives a Notice to Proceed from the City, and that the Contractor shall complete the work by December 31, 2023. It is understood and agreed that time is the essence of the contract. ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the state of Nebraska. ARTICLE VI. City Code states that it is unethical for any person to offer, give or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. Contractor _____________________________ By ___________________________________Date _______________________ Title __________________________________ CITY OF GRAND ISLAND, NEBRASKA, By ____________________________________Date _______________________ Mayor Attest: ________________________________ City Clerk The contract, bonds and insurance requirements are in due form according to law and are hereby approved. ________________________________________Date ________________________ Attorney for the City Grand Island Council Session - 1/24/2023 Page 94 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-24 WHEREAS, the City was approached by students and staff from Central Community College Occupational Therapy Class with the idea of raising funds to build a new community inclusive playground in Ryder Park; and WHEREAS, on July 21, 2021 City Council approved Resolution 2021-186 to add a new playground in Ryder Park, on January 11, 2022 approved Resolution 2022-13 for the City Council to approve an agreement with the Central Community College Foundation, Inc. (CCCF) and the Greater Grand Island Community Foundation for fundraising of the Ryder Park playground, on April 12, 2022 approved Resolution 2022-104 for the City Council to approve the recognition of donors of $5,000 or more with onsite signage and on September 13, 2022 approved Resolution 2022-254 the Agreement Amendment so the City can help with fundraising efforts by applying for grants that require the owner’s submission; and WHEREAS, CCCF has secured a total of $928,434.00 in cash and pledges to date, and to keep the project on schedule for completion in 2023 it is necessary to order the equipment; and WHEREAS, the equipment specifications awarded under the Sourcewell Cooperative Buying Group contract meet the requirements for this project. Creative Sites, LLC of Omaha, Nebraska submitted a bid for the equipment to Sourcewell in compliance with the City’s procurement rules. Creative Sites is providing pricing under the Sourcewell Contract #010521-BUR in the amount of $1,236,356.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council approve Creative Sites, LLC of Omaha, Nebraska to furnish and install new playground equipment at Ryder Park in the amount of $1,236,356.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 95 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-12 #2023-25 - Approving Purchase of Bucket Truck for Parks Operations Staff Contact: Todd McCoy Grand Island Council Session - 1/24/2023 Page 96 / 182 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:January 24, 2023 Subject:Purchase of Bucket Truck for Parks Maintenance Division Presenter(s):Todd McCoy, Parks and Recreation Director Background The Parks Division budgeted this year to replace one (1) 1995 Chevy 3500 Cheyenne Bucket Truck. The replacement truck is necessary as the current unit is becoming less dependable and the new unit will be more efficient as it does not require down rigging. Discussion The equipment specifications awarded under the Sourcewell Cooperative Buying Group contract meet the requirements for the Parks Division. Altec Industries, Inc. of St. Joseph, Missouri submitted a bid for the truck with no exceptions in the amount of $155,669.00. The purchase will be funded from capital account 41044401-85625. Sourcewell Cooperative Buying Group Contract No. 110421-ALT One (1) Articulating Telescopic Aerial Truck $155,669.00 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 Grand Island Council Session - 1/24/2023 Page 97 / 182 Recommendation City Administration recommends that the Council approve the purchase of One (1) Articulating Telescopic Aerial Truck from Altec Industries, Inc. of St. Joseph, Missouri. The total purchase price is $155,669.00. Sample Motion Move to approve the purchase of a new bucket truck for the Parks Division in the amount of $155,669.00. Grand Island Council Session - 1/24/2023 Page 98 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-25 WHEREAS, the Parks Division of the Parks & Recreation Department for the City of Grand Island, budgeted this year to replace one (1) 1995 Chevy 3500 Cheyenne Bucket Truck; and WHEREAS, the Sourcewell Cooperative Buying Group (“Sourcewell”) has in place a supplier contract with Altec Industries, Inc., St. Joseph, Missouri under Sourcewell Contract No. 110421-ALT (the “Altec Industries Contract”) for one (1) new articulating telescopic aerial bucket truck AT37G; and WHEREAS, pursuant to Grand Island City Code §27-63, the City’s Purchasing Agent has determined that Sourcewell has procured the Altec Industries Contract using policies and procedures that meet or exceed the City’s procurement requirements; and WHEREAS, said equipment meets the needs and specifications of the City’s Parks and Recreation Department; and WHEREAS, the cost of the equipment under the Contract is $155,669.00 and funding for this equipment is included in the 2022-2023 capital budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase agreement for the acquisition of one (1) new articulating telescopic aerial bucket truck AT37G from Altec Industries, Inc. of St. Joseph, Missouri through the Sourcewell Contract No. 110421-ALT in the total amount of $155,669.00 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor and designee are, and shall be, authorized to execute all contracts and agreements necessary to effect such purchases. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 99 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-13 #2023-26 - Approving Preliminary Design of West Connector Trail Extension Staff Contact: Todd McCoy Grand Island Council Session - 1/24/2023 Page 100 / 182 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:January 24, 2023 Subject:Approve Preliminary Design Services for West Connector Trail Presenter:Todd McCoy, Parks and Recreation Director Background Extending the current trail system and connecting gaps was listed as a priority from public input in the Grand Island Metropolitan Area Bicycle and Pedestrian Master Plan. The Parks and Recreation Department is proposing to design the West Connector Trail Extension. The trail project will construct a trail from the intersection of North Road and Old Potash Hwy to the City Water Tower Park on Engleman Road. The new trail will be 10’ wide and approximately 1.4 miles long. Grand Island Council Session - 1/24/2023 Page 101 / 182 Discussion On November 2, 2022 the City advertised a Request for Qualifications (RFQ) for firms to provide a preliminary design of the West Connector Trail. Three (3) RFQ’s were received. Staff recommends contracting JEO Consulting Group, Inc. of Grand Island, Nebraska for preliminary design services. The contract amount for preliminary design is $29,900.00. City staff expects additional expenses for final design and construction management services not included in the initial proposed JEO agreement. Food and Beverage Tax funds will be utilized. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the agreement. 2.Take no action on the issue. Recommendation City Administration recommends that Council approve the agreement with JEO Consulting Group, Inc. of Grand Island, Nebraska for preliminary design services for the West Connector Trail. Sample Motion Move to approve the agreement with JEO to for preliminary design services for the West Connector Trail in the total contact amount of $29,900.00. Grand Island Council Session - 1/24/2023 Page 102 / 182 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR WEST CONNECTOR TRAIL EXTENSION RFP DUE DATE: November 29, 2022 at 4:00 p.m. DEPARTMENT: Parks & Recreation PUBLICATION DATE: November 2, 2022 NO. POTENTIAL BIDDERS: 4 PROPOSALS RECEIVED Olsson Alfred Benesch & Company Grand Island, NE Grand Island, NE JEO Consulting Group, Inc. Grand Island, NE cc: Todd McCoy, Parks & Recreation Director Patti Buettner, Park Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent P2409 Grand Island Council Session - 1/24/2023 Page 103 / 182 Page 1 of 2 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ________ between _______ (“Owner”) and JEO Consulting Group, Inc. (“Engineer”). Owner’s project, of which Engineer’s services under this Agreement are a part, is generally identified as follows: Grand Island West Connector Trail Extension (“Project”). JEO Project Number: 222153.00 Owner and Engineer further agree as follows: ARTICLE 1 - SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 - OWNER’S RESPONSIBILITIES 2.01 Owner Responsibilities A. Owner responsibilities are outlined in Section 3 of Exhibit B. ARTICLE 3 - COMPENSATION 3.01 Compensation A. Owner shall pay Engineer as set forth in Exhibit A and per the terms in Exhibit B. B. The fee for the Project is: C. The Standard Hourly Rates Schedule shall be adjusted annually (as of approximately January 1st) to reflect equitable changes in the compensation payable to Engineer. The current hourly rate schedule can be provided upon request. ARTICLE 4 - EXHIBITS AND SPECIAL PROVISIONS 4.01 Exhibits Exhibit A – Scope of Services Grand Island Council Session - 1/24/2023 Page 104 / 182 Page 2 of 2 Exhibit B – General Conditions 4.02 Total Agreement A. This Agreement (consisting of pages 1 to 2 inclusive, together with the Exhibits identified as included above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Owner: Engineer: JEO Consulting Group, Inc. By: By: Andrew Wilshusen Title: Title: Project Manager Date Signed: Date Signed: 01/04/2022 Address for giving notices: Address for giving notices: JEO Consulting Group, Inc. 308 West 3rd Street Grand Island, NE 68801 Grand Island Council Session - 1/24/2023 Page 105 / 182 Exhibit A: Page 1 of 3 SCOPE OF SERVICES: Exhibit A PROJECT DESCRIPTION: Grand Island, NE: The project will consist of approximately 7,600 linear feet of a 10’-wide concrete trail. The trail will extend from the southwest corner of Old Potash and North Road south, west to the City of Grand Island’s water tower. The trail is anticipated to run along the west and north side of the Morris Creek drainage way. This agreement is to conduct a preliminary design with an opinion of costs to help support the application for Transportation Alternatives Program (TAP) funding. 1 DESIGN PHASE 1.1 Provide Project Management throughout all Phase of this project, to include: 1.1.1 Coordination of all design disciplines including communication of all tasks and transfer of documents between disciplines to minimize errors. This effort shall include conducting bi-weekly internal meetings. 1.1.2 Provide timely and coordinated communication to and from the Owner for requests for information, providing progress updates, scheduling meetings, and receiving and providing feedback. 1.1.3 Provide oversight to ensure scope of services and schedule is met. 1.1.4 Work with disciplines to identify potential risks and how to mitigate those risks. 1.1.5 Review billed hours by design team and prepare invoice statements for Owner. 1.2 Attend and facilitate Initiation/Kick-off meeting with Owner (1 meeting). Meeting review to include: 1.2.1 Review the scope, schedule, and project requirements. 1.2.2 Collect additional information about the City of Grand Island’s Trail system and review the available data. 1.2.3 Review the proposed locations of the trail route. 1.2.4 Engineer will also ask for any specific requirements or concerns from the Owner about the project. 1.3 Engineer will schedule and obtain a topographic survey containing the following: 1.3.1 Survey the locations of all visible physical features (i.e.: concrete, asphalt, gravel, rock, driveways, sidewalks, trees, utility poles, valves, manholes, signs, drainage structures, curb stops, water meter pits, terrain profiles, etc.) within the proposed project limits. 1.3.2 Create an electronic drawing using AutoCAD illustrating elevations, site features, property boundaries, and existing utilities resulting from the surveys performed. 1.3.3 Collect available property pins and/or sections corners. 1.3.4 Collect ground physical elevations and features along the proposed trail alignment, extending 20’ on either side of the alignment. 1.4 Surveyor will make a “One Call” for utility locates to be marked in the project corridor and together with other survey data, will map existing site conditions within the electronic drawing. Grand Island Council Session - 1/24/2023 Page 106 / 182 Exhibit A: Page 2 of 3 Any public infrastructure shall be clearly identified in the field through the One Call for collection by JEO survey staff and incorporation into the electronic drawing. 1.5 Review of existing data and design requirements. 1.5.1 Includes one meeting with the consultant of the area developer 1.5.2 Review and incorporate existing CADD data. 1.6 Prepare 30% complete preliminary plans, to include: 1.6.1 Cover sheet and general location maps 1.6.2 Survey control sheets 1.6.3 Concrete trail paving plan and preliminary profile 1.6.4 Typical section of trail 1.7 Prepare a 30% complete opinion of probable construction cost. 1.8 Perform an internal quality assurance/quality control (QA/QC) review of the preliminary plans. 1.9 Conduct a review with the Owner to confirm the proposed layout, survey information, and opinion of probable construction cost. (One meeting) 1.10 Assisting with TAP application (No Charge to the City) 2 OWNER RESPONSIBILITIES 2.1 Provide timely review of documents or requests for information. 2.2 Provide access to property to conduct proposed services 2.3 Provide contact information for utility companies within the right-of-way along the project route. 2.4 Coordination with NDOT regarding TAP Funding. 3 FEE 3.1 JEO proposes to provide the services defined above for the fees defined below: Task Fee Design Phase (Lump Sum) $ 29,900.00 Total $ 29,900.00 4 PROGRESS PAYMENTS 4.1 JEO will bill for services completed near the end of each month. All invoices are due payable upon receipt and are considered delinquent after 30 days. 4.2 Invoices not paid within 30 days may be charged interest at the annual rate of 12% (1.0%/month). 4.3 Payments will be applied first to the interest then principal. 4.4 Work by JEO will cease if invoices have not been paid in full within 60 days and will not begin again until full payment with interest has been received. 5 CONTRACT TIME 5.1 JEO will work as expeditiously as possible, pending authorization from Owner, to complete the tasks in this scope of services. 5.2 Design Phase – 90 days from authorization to proceed. Grand Island Council Session - 1/24/2023 Page 107 / 182 Exhibit A: Page 3 of 3 6 EXCLUSIONS 6.1 Any work beyond preliminary design, with the exception of attending up to three (3) meetings facilitated by City staff to secure outside funding (TAP). 6.2 Design of any nature beyond the trail, inclusive of, but not limited to storm sewer and utility infrastructure 6.3 Land rights and ownership research, platting, or relates services 6.4 Floodplain, US Army Corps of Engineers Section 404, or other environmental permitting 6.5 Wetlands determination and mitigation 6.6 Traffic study 6.7 SWPPP preparation, administration, and inspections 6.8 Any permit fees associated with permit applications 6.9 Special meetings and meetings not outlined in the Scope of Services 6.10 Signing, marking, and traffic control plans 6.11 Electrical evaluation and design, including street lighting 6.12 Grant administration 6.13 Design beyond the 30% level 6.14 Bidding Services 6.15 Geotechnical Investigation 6.16 Construction services 6.17 Easement description preparation 6.18 Electrical distribution plat maps (existing and proposed) 7 REIMBURSABLE EXPENSES 7.1 Typical reimbursable expenses are included in the lump-sum and cover: mileage for trips required to complete the work defined above, long-distance phone calls, meals, other travel expenses, software, copies/prints, and faxes. 7.2 Other reimbursable expenses shall be billed at 110% of their cost. None are anticipated within this scope of services. 8 ADDITIONAL TERMS 8.1 The General Conditions are specified in Exhibit B. Grand Island Council Session - 1/24/2023 Page 108 / 182 Exhibit B JEO CONSULTING GROUP INC JEO ARCHITECTURE INC Page 1 of 2 – Revision 2 1. SCOPE OF SERVICES: JEO Consulting Group, Inc. (JEO) shall perform the services described in Exhibit A. JEO shall invoice the owner for these services at the fee stated in Exhibit A. 2. ADDITIONAL SERVICES: JEO can perform work beyond the scope of services, as additional services, for a negotiated fee or at fee schedule rates. 3. OWNER RESPONSIBILITIES: The owner shall provide all criteria and full information as to the owner’s requirements for the project; designate and identify in writing a person to act with authority on the owner’s behalf in respect to all aspects of the project; examine and respond promptly to JEO’s submissions; and give prompt written notice to JEO whenever the owner observes or otherwise becomes aware of any defect in work. Unless otherwise agreed, the owner shall furnish JEO with right-of-access to the site in order to conduct the scope of services. Unless otherwise agreed, the owner shall also secure all necessary permits, approvals, licenses, consents, and property descriptions necessary to the performance of the services hereunder. While JEO shall take reasonable precautions to minimize damage to the property, it is understood by the owner that in the normal course of work some damage may occur, the restoration of which is not a part of this agreement. 4. TIMES FOR RENDERING SERVICES: JEO’s services and compensation under this agreement have been agreed to in anticipation of the orderly and continuous progress of the project through completion. Unless specific periods of time or specific dates for providing services are specified in the scope of services, JEO’s obligation to render services hereunder shall be for a period which may reasonably be required for the completion of said services. If specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided, and if such periods of time or date are changed through no fault of JEO, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If the owner has requested changes in the scope, extent, or character of the project, the time of performance of JEO’s services shall be adjusted equitably. 5. INVOICES: JEO shall submit invoices to the owner monthly for services provided to date and a final bill upon completion of services. Invoices are due and payable within 30 days of receipt. Invoices are considered past due after 30 days. Owner agrees to pay a finance charge on past due invoices at the rate of 1.0% per month, or the maximum rate of interest permitted by law. If the owner fails to make any payment due to JEO for services and expenses within 30 days after receipt of JEO’s statement, JEO may, after giving 7 days’ written notice to the owner, suspend services to the owner under this agreement until JEO has been paid in full all amounts due for services, expenses, and charges. 6. STANDARD OF CARE: The standard of care for all services performed or furnished by JEO under the agreement shall be the care and skill ordinarily used by members of JEO’s profession practicing under similar circumstances at the same time and in the same locality. JEO makes no warranties, express or implied, under this agreement or otherwise, in connection with JEO’s services. JEO shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the owner shall not be responsible for discovering deficiencies therein. JEO shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in owner furnished information. 7. REUSE OF DOCUMENTS: Reuse of any materials (including in part plans, specifications, drawings, reports, designs, computations, computer programs, data, estimates, surveys, other work items, etc.) by the owner on a future extension of this project, or any other project without JEO’s written authorization shall be at the owner’s risk and the owner agrees to indemnify and hold harmless JEO from all claims, damages, and expenses including attorney’s fees arising out of such unauthorized use. 8. ELECTRONIC FILES: Copies of Documents that may be relied upon by the owner are limited to the printed copies (also known as hard copies) that are signed or sealed by JEO. Files in electronic media format of text, data, graphics, or of other types that are furnished by JEO to the owner are only for convenience of the owner. Any conclusion or information obtained or derived from such electronic files shall be at the user’s sole risk. a. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it shall perform acceptance tests or procedures within 30 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 30 day acceptance period shall be corrected by the party delivering the electronic files. JEO shall not be responsible to maintain documents stored in electronic media format after acceptance by the owner. b. When transferring documents in electronic media format, JEO makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by JEO at the beginning of the project. c. The owner may make and retain copies of documents for information and reference in connection with use on the project by the owner. d. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. e. Any verification or adaptation of the documents by JEO for extensions of the project or for any other project shall entitle JEO to further compensation at rates to be agreed upon by the owner and JEO. 9. SUBCONSULTANTS: JEO may employ consultants as JEO deems necessary to assist in the performance of the services. JEO shall not be required to employ any consultant unacceptable to JEO. 10. INDEMNIFICATION: To the fullest extent permitted by law, JEO and the owner shall indemnify and hold each other Grand Island Council Session - 1/24/2023 Page 109 / 182 Exhibit B JEO CONSULTING GROUP INC JEO ARCHITECTURE INC Page 2 of 2 – Revision 2 harmless and their respective officers, directors, partners, employees, and consultants from and against any and all claims, losses, damages, and expenses (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) to the extent such claims, losses, damages, or expenses are caused by the indemnifying parties’ negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of JEO and the owner, they shall be borne by each party in proportion to its negligence. 11. INSURANCE: JEO shall procure and maintain the following insurance during the performance of services under this agreement: a. Workers’ Compensation: Statutory b. Employer’s Liability i. Each Accident: $500,000 ii. Disease, Policy Limit: $500,000 iii. Disease, Each Employee: $500,000 c. General Liability i. Each Occurrence (Bodily Injury and Property Damage): $1,000,000 ii. General Aggregate: $2,000,000 d. Auto Liability i. Combined Single: $1,000,000 e. Excess or Umbrella Liability i. Each Occurrence: $1,000,000 ii. General Aggregate: $1,000,000 f. Professional Liability: i. Each Occurrence: $1,000,000 ii. General Aggregate: $2,000,000 g. All policies of property insurance shall contain provisions to the effect that JEO and JEO’s consultants’ interests are covered and that in the event of payment of any loss or damage the insurers shall have no rights of recovery against any of the insureds or additional insureds thereunder. h. The owner shall require the contractor to purchase and maintain general liability and other insurance as specified in the Contract Documents and to cause JEO and JEO’s consultants to be listed as additional insured with respect to such liability and other insurance purchased and maintained by the contractor for the project. i. The owner shall reimburse JEO for any additional limits or coverages that the owner requires for the project. 12. TERMINATION: This agreement may be terminated by either party upon 7 days prior written notice. In the event of termination, JEO shall be compensated by owner for all services performed up to and including the termination date. The effective date of termination may be set up to thirty (30) days later than otherwise provided to allow JEO to demobilize personnel and equipment from the site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble project materials in orderly files. 13. GOVERNING LAW: This agreement is to be governed by the law of the state in which the project is located. 14. SUCCESSORS, ASSIGNS, AND BENEFICIARIES: The owner and JEO each is hereby bound and the partners, successors, executors, administrators and legal representatives of the owner and JEO are hereby bound to the other party to this agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, with respect to all covenants, agreements and obligations of this agreement. a. Neither the owner nor JEO may assign, sublet, or transfer any rights under or interest (including, but without limitation, monies that are due or may become due) in this agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under this agreement. b. Unless expressly provided otherwise in this agreement: Nothing in this agreement shall be construed to create, impose, or give rise to any duty owed by the owner or JEO to any contractor, contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. c. All duties and responsibilities undertaken pursuant to this agreement shall be for the sole and exclusive benefit of the owner and JEO and not for the benefit of any other party. 15. PRECEDENCE: These standards, terms, and conditions shall take precedence over any inconsistent or contradictory language contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding JEO’s services. 16. SEVERABILITY: Any provision or part of the agreement held to be void or unenforceable shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the owner and JEO, who agree that the agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 17. NON-DISCRIMINATION CLAUSE: Pursuant to Neb. Rev. Stat. § 73-102, the parties declare, promise, and warrant that they have and will continue to comply fully with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.A § 1985, et seq.) and the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. § 48-1101, et seq., in that there shall be no discrimination against any employee who is employed in the performance of this agreement, or against any applicant for such employment, because of age, color, national origin, race, religion, creed, disability or sex. 18. E-VERIFY: JEO shall register with and use the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986, to determine the work eligibility status of new employees physically performing services within the state where the work shall be performed. Engineer shall require the same of each consultant. Grand Island Council Session - 1/24/2023 Page 110 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-26 WHEREAS, the City of Grand Island issued a Request for Qualifications (RFQ) for West Connector Trail Extension; and WHEREAS, three (3) request for qualifications were received; and WHEREAS, JEO Consulting Group, Inc. from Grand Island, Nebraska, submitted a proposal for such project in accordance with the Request for Qualifications; and WHEREAS, a contract amount of $29,900.00 has been negotiated for the West Connector Trail Extension; and WHEREAS, such project will be funded through the Food & Beverage Funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from JEO Consulting Group, Inc. from Grand Island, Nebraska for West Connector Trail Extension is hereby approved at a cost of $29,900.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 111 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-14 #2023-27 - Approving CDBG Sub-recipient Agreement with Central Nebraska Community Action Partnership Staff Contact: Amber Alvidrez Grand Island Council Session - 1/24/2023 Page 112 / 182 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting:January 24, 2023 Subject:Approving amendment to CDBG #2022-2 with Central Nebraska Community Action Partnership Presenter(s):Amber Alvidrez, Community Development Administrator Background In September of 2022, the City of Grand Island was awarded an annual allocation of $365,907.00 from the United States Department of Housing and Urban Development’s Community Development Block Grant Program. On August 9th, 2023 City Council approved the 2022-2023 Annual Action Plan, which included various projects throughout Grand Island, all of which benefit low to moderate income persons or areas. Each one of these projects requires a separate contract, which comes before City Council. Discussion The Community Development Division recommends awarding $25,000 of the CDBG annually allocated funds to the Central Nebraska Community Action Partnership (CNCAP) to implement an Emergency Payment program. CNCAP will use these funds in order to aid low to moderate income residents within the City of Grand Island. The main goal of this program will be to help residents of our community with one time aid to avoid homelessness. The residents served with the CDBG program will be those that currently do not meet the criteria of other programs offered by CNCAP. This program is open to all residents who reside within the corporate limits of Grand Island that find themselves in need of emergency aid for rent, mortgage and/or utilities to avoid eviction and/or the shut off of utilities. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 1/24/2023 Page 113 / 182 Recommendation City Administration recommends that the Council approves CDBG sub-recipient agreement #2022-2 with Central Nebraska Community Action Partnership and authorizes Mayor to sign all related documents. Sample Motion Move to approve the CDBG #2022-2 sub-recipient agreement with Central Nebraska Community Action Partnership. Grand Island Council Session - 1/24/2023 Page 114 / 182 1 SUBRECIPIENT CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ENTITLEMENT FUNDS SECTION I. RECITALS THIS AGREEMENT, made and entered into this 24th day of January, 2023 by and between the City of Grand Island ("City/Grantee,") and The Central Nebraska Community Action Partnership ("Sub recipient,") witnesseth: WHEREAS, the Grantee has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SECTION II. SCOPE OF SERVICE A. Activities The Sub recipient will be responsible for administering a CDBG funds in the form of Public Service program in a manner satisfactory to the City/Grantee and consistent with any standards required as a condition of providing the funds, and consistent with all provisions of this Agreement. Sub recipient warrants and represents it has the requisite authority and capacity to perform all terms and conditions on Sub recipients part to be performed hereunder. B. Program Delivery Central Nebraska Community Action Partnership shall use Twenty Five Thousand Dollars and 00/100 ($25,000.00) of Community Development Block Grant (CBDG) funds for cost associated with implementing an emergency housing and utility payment program as submitted in the application for Community Development Block Grant (CDBG) funds toward the goal of benefiting Low to moderate income persons within Grand Island. The Sub-recipient’s program will provide services to a minimum of 30 households. Fifty-one percent (51%) of these services will be provided to persons of low income (below 80% of average medium income). This program will provide aid to persons who are in need of rental, mortgage or utility payment assistance to avoid eviction, foreclosure or shut off of necessary utilities. Grand Island Council Session - 1/24/2023 Page 115 / 182 2 The major tasks the Sub recipient will perform include, but are not necessarily limited to the following: a. Create Emergency Rent/mortgage and utility Assistance program b. Services will be provided to low to moderate income persons within the City of Grand Island. c. Purchase any materials needed to implement the Emergency Rent/Mortgage and Utility Payment program. d. Obtain and complete all necessary documentation to verify income status for all persons who receive services. C. National Objective Compliance The Sub recipient certifies that the activity (ies) carried out under this Agreement will meet the following H.U.D. National Objective: Benefit low- and/or moderate-income persons. Failure by the Sub recipient to fulfill the National Objective may result in grant funds being disallowed and required to be returned to the City/Grantee. D. Level(s) of Performance & Accomplishment - Goals and Performance Measures a.The Sub-recipient’s goal is to create an Emergency Rent/mortgage and Utility Assistance program that will continue for a minimum of 1 years. The Sub- recipient is responsible to perform all administrative services necessary to administer the above mentioned program. b.The Sub-Recipient is to provide quarterly reports on achievements and program impact to include a.Number of persons served b.A summary of project progress c.Client Demographics Units of Service include: The Sub-recipient’s progress will be monitored by the amount of persons served. The Sub-recipient will benefit a minimum of 30 households. 16 households served must be low to moderate income (80 % AMI) and 14 households may be any income range. E. Project Description Type of Project: Low To moderate Income Benefit Project Location: City of Grand Island Service Area: City of Grand Island Project: 2022-2 Basic Eligibility Citation: 24 CFR 570.201 Grand Island Council Session - 1/24/2023 Page 116 / 182 3 Amount Funded: $25,000.00 F. Performance Monitoring The City/Grantee reserves the right to monitor and evaluate the progress and Performance of the Sub recipient to assure the terms of this agreement are being satisfactorily met in accordance with HUD, City/Grantee and other applicable monitoring and evaluating criteria and standards. Sub recipient shall cooperate with the City/Grantee relating to such monitoring and evaluation. The City/Grantee will monitor the performance of the Sub recipient against goals and performance standards as stated above. Substandard performance as determined by the City/Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub recipient within a reasonable 90 days of time after being notified by the City/Grantee, Agreement suspension or termination procedures will be initiated. G. Time of Performance The Sub-recipient shall perform the services set out above, and shall expend the Community Development Block Grant funding provided for above between January 24, 2023 and January 24, 2024. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub recipient remains in control of CDBG funds or other CDBG or CDBG assets, including program income. H. Budget The Sub-recipient shall use Twenty Five Thousand dollars &00/100 ($25,000.00) of Community Development Block Grant funds to provide services associated with the Emergency Rent/Mortgage and Utility Payment Assistance Program. In addition, the City/Grantee may require a more detailed budget breakdown than the one contained herein, and the Sub recipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City/Grantee. Any amendments to this budget must be approved in writing by the City/Grantee and Sub recipient. I. Compensation and Method of Payment If Sub recipient is not in default hereunder, and subject to City/Grantee's receipt of the U.S. Department of Housing & Urban Development Community Development Block Grant funds, and provided the Agreement and Scope of Service are eligible Expenditures of Community Development Block Grant funds, the City/Grantee agrees to pay the Sub recipient an amount not to exceed Twenty Five Thousand 00/100 Dollars ($25,000.00). Payments may be contingent upon certification of the Sub recipients’ financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. Grand Island Council Session - 1/24/2023 Page 117 / 182 4 a. Draw-down requests may be submitted to the Community Development Administrator. Draw-down requests must be in writing and accompanied by acceptable documentation supporting the draw-down amount. Documentation should include, at a minimum, the following information: 1) Invoice itemizing amounts requested; 2) Supporting documentation for each item; and 3) Payroll slips or time cards, if applicable. Additional documentation may be requested as needed for clarification. Payment requests that are submitted before the 10th day of the month will be processed in the same month and require City/Grantee Council approval prior to disbursal. J. Environmental Review An Environmental Review must be completed prior to the Sub recipient Committing or expending any Community Development Block Grant funds. The City of Grand Island will conduct the Environmental Review and provide documentation of the findings to the Sub-recipient upon its completion. The Sub recipient may not proceed with any services until receipt of written notification of the Environmental Review findings by the City/Grantee. If the Environmental Review requires mitigation, no funds may be expended until mitigation has been accomplished and certified as completed and meeting HUD minimum standards by an acceptable source to the City/Grantee. Documentation evidencing the Sub recipients’ completion of its responsibilities and compliance with the National Environmental Policy Act of 1969 (NEPA), and other provisions of federal law as specified in 24 C.F.R. Part 58 which furthers the purposes of the NEPA. K. Procurement Standards and Code of Conduct Documentation evidencing adoption of Procurement Standards and Code of Conduct equivalent to those established in 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR Part 570. L. Fair Housing Documentation that the Sub recipient has specifically provided a description of the actions they will take during the course of the grant to fulfill the requirements to affirmatively further fair housing. (Applicable to housing projects) M. Implementation Schedule CDBG Sub recipient is to complete and submit to the City/Grantee the Implementation Schedule form. Grand Island Council Session - 1/24/2023 Page 118 / 182 5 N. Sources and Uses of Funds (if applicable) not applicable O. Other Special Conditions Indenture of restrictive covenants, Davis Bacon sub recipient and contractor’s meeting, Davis Bacon regulations apply. P. Notices Notices required by this Agreement shall be in writing and delivered via United States Postal Service mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following agreement representatives: City/Grantee Sub-recipient: City of Grand Island Central Nebraska Community Action Partnership ATTN: Community Development Division Cheryl Holcomb 100 East First Street 2525 W. Old Lincoln Hwy Grand Island NE, 68801-1968 Grand Island NE, 68801 Telephone: (308)385-5444 ext. 212 Telephone:308-385-5500 Fax: (308) 385-5488 Fax:308-385-5504 SECTION III. GENERAL CONDITIONS A. General Compliance Any changes to the program goals, scope of services, schedule or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Sub-recipient and the City/Grantee. Changes to key Personnel assigned or their general responsibilities under this project are subject to notification and approval from the City/Grantee. Grand Island Council Session - 1/24/2023 Page 119 / 182 6 The Sub-recipient hereby agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including Subpart K of these regulations). The Sub-recipient also agrees to comply with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this agreement. The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “independent contractor” with respect to services to be performed under this Agreement. The City/Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker’s Compensation Insurance, as the Sub-recipient is an independent contractor. Sub-recipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. C. Hold Harmless Sub-recipient further agrees to indemnify, defend and hold harmless the City/Grantee, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties or attorney fees, arising from such injuries to persons, or damages to property, or based upon or arising out of the performance or non-performance of this Agreement by Sub recipient, or out of any violation of Sub recipient of any local, state, or federal statute, ordinance, rule or regulation. D. Worker’s Compensation The Sub recipient shall provide Workers’ Compensation Insurance coverage in the amount required by law, for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The Sub recipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City/Grantee. The Sub recipient shall comply with the bonding and insurance requirements of 2 CFR 200, as now in effect and as may be amended from time to time. F. City/Grantee Recognition Grand Island Council Session - 1/24/2023 Page 120 / 182 7 The Sub recipient shall ensure recognition of the role of the City/Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In addition, the Sub recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The City/Grantee or Sub recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City/Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City/Grantee or Sub recipient from its obligations under this Agreement. The City/Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City/Grantee and Sub recipient. SECTION IV. LIABILITY Sub recipient agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or non-performance of this Agreement by Sub recipient, or by the conditions created thereby. SECTION V. SUSPENSION OR TERMINATION FOR CAUSE In accordance with 2 CFR 200, as now in effect and as may be amended from time to time, the City/Grantee may suspend or terminate this Agreement if the Sub recipient materially fails to comply with any terms of this Agreement, which include but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; Grand Island Council Session - 1/24/2023 Page 121 / 182 8 4. Submission by the Sub recipient to the City/Grantee reports that are incorrect or incomplete in any material respect; or 5. Financial instability of the Sub recipient organization that will affect the abilities of the organization to carry out or complete the stated activities and scope of work. In the event of agency financial instability, a default or violation of the terms of this Agreement by the Sub recipient, or failure to use the grant for only those purposes set forth, the City/Grantee may take the following actions: A. Suspension for Cause After notice to the Sub recipient, the City/Grantee may suspend the Agreement and withhold any further payment or prohibit the Sub recipient from incurring additional obligations of grant funds, pending corrective action by the Sub recipient or a decision to terminate. B. Termination for Cause This Agreement may be terminated, in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, if the Sub recipient materially fails to comply with any term of the Agreement or applicable federal regulations. The City/Grantee may terminate the Agreement upon ten (10) days written notice, together with documentation of the reasons therefore, and after an opportunity for a hearing is afforded. The determination of the City/Grantee as to the cause of termination and the appropriateness therefore shall be final and binding upon both City/Grantee and Sub recipient. In the event projects are delayed, the Sub recipient shall notify the City/Grantee in writing, informing the City/Grantee of the issues surrounding the delay of the project. In cases where the project is not moving forward, the City/Grantee shall notify the Sub recipient of termination of the funding. In the event of termination, all finished or unfinished documents, data, studies and reports prepared by the Sub recipient under this Agreement shall, at the option of the City/Grantee, become its property and the Sub recipient shall be entitled to receive just and equitable compensation for satisfactory work completed on such materials for which compensation has not previously been paid. SECTION VI. TERMINATION FOR CONVENIENCE This Agreement may be terminated for convenience in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, by either the City/Grantee or the Sub recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City/Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City/Grantee may terminate the award in its entirety. Grand Island Council Session - 1/24/2023 Page 122 / 182 9 SECTION VII. TERMINATION OF CITY/GRANTEE'S OBLIGATIONS The City/Grantee's obligations under this Agreement will terminate in the event of suspension or non-receipt of Community Development Block Grant funds by the City/Grantee. SECTIONVIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Records of the Sub recipient and reimbursable expenses pertaining to the Scope of Services and records of accounts between the City/Grantee and the Sub recipient shall be kept on a generally recognized accounting basis. 1. Accounting Standards The Sub recipient agrees to comply with 2 CFR 200, as now in effect and as may be amended from time to time, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub recipient shall administer its program in conformance with 2 CFR 200, as now in effect and as may be amended from time to time. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation & Record Keeping 1. Records to be maintained The Sub recipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to: a) Record(s) providing a full description of each activity undertaken; b) Record(s) demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Record(s) required to determine the eligibility of activities; d) Record(s) required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Record(s) documenting compliance with the fair housing and equal opportunity components of the CDBG program; Grand Island Council Session - 1/24/2023 Page 123 / 182 10 f) Financial records as required by 24 CFR Part 570.502 and 2 CFR 200, as now in effect and as may be amended from time to time; g) Other records as necessary to document compliance with Subpart K of 24 CFR 570; and h) Real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the “changes in use” restrictions specified in 24 CFR 570.505, as applicable. 2. Retention The Sub recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years. The retention period begins on the date of submission of the City/Grantee’s Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Records for non- expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. 3. Client Data-if applicable The Sub recipient shall maintain client data demonstrating client eligibility for services provided. Such information shall be made available to City/Grantee monitors or their designees for review upon request. Such data shall include, but not be limited to: a) Client name; b) Client address; c) Members age or other basis for determining eligibility; d) Description of services provided; e) Dates services provided; f) Beneficiary information (ethnicity, income, sex, female head of household, elderly, disabled, etc.); and g) Residence Addresses. 4. Disclosure The Sub recipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City/Grantee’s or Sub recipients responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service Grand Island Council Session - 1/24/2023 Page 124 / 182 11 and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Sub recipient’s obligation to the City/Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City/Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub recipient has control over CDBG funds, including program income. All financial records pertaining to this Agreement upon completion shall remain the property of the City/Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub recipient shall immediately report to the City/Grantee all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Program income generally means gross income received by the Sub recipient, directly generated from the use of CDBG funds, with some exceptions which are detailed in 24 C.F.R. §570.500. Program income includes, but is not limited to: a) Payments of principal and interest on loans made using CDBG funds; b) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; c) Proceeds from the disposition of equipment purchased with CDBG funds; d) Interest earned on program income pending its disposition; and e) Interest earned on CDBG funds held in a revolving loan fund’s cash balance interest bearing account. The use of program income by the Sub recipient must be approved by the City/Grantee prior to such use and must comply with the requirements set forth at 24 CFR 570.504. The Sub recipient may retain and use program income funds only for the activity (ies) approved under this Agreement. Program income funds should be held in a non-interest bearing account. If program income funds are held in an interest bearing account, any interest earned on the program income funds must be returned to the City/Grantee on a monthly basis. Receipt and expenditures of program income funds shall be reported, in writing, at the time of receipt and expenditure, along with supporting documentation. Program income must be expended prior to drawing any remaining grant funds. In the event the Sub recipient desires to use the program income for some other activity, it must request and receive permission from the City/Grantee Grand Island Council Session - 1/24/2023 Page 125 / 182 12 before undertaking such a use. The City/Grantee will determine whether the proposed use meets the eligibility criteria of the regulations established by the CDBG funds, and notify the Sub recipient of either approval or disapproval. At conclusion of the Agreement period, or in the case of disapproval, all program income will be returned to the City/Grantee. 2. Payment Procedures Draw-downs for the payment of eligible expenses and general administration items shall be made against the line item budgets specified in the Scope of Service, and in accordance with performance. Payments shall be made upon presentation of invoices that Sub recipient certifies are true and correct copies of payments due on behalf of the Sub recipient for an activity covered by this Agreement and made in accordance and compliance with the Scope of Service. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub recipient, and not to exceed actual cash requirements. Payments will be adjusted by the City/Grantee in accordance with advance fund and program income balances available in the Sub recipient account. In addition, the City/Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the City/Grantee on behalf of the Sub recipient. Payment may be suspended by the City/Grantee in the event of nonperformance by the Sub recipient. Payments may be contingent upon certification of the Sub recipients financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. D. Procurement 1. Compliance The Sub recipient shall comply with current City/Grantee policies concerning the purchase of equipment and shall maintain inventory records of all nonexpendable property as defined by such policies as may be procured with funds provided herein. All program assets (unexplained program income, property, equipment, etc.) shall revert to the City/Grantee upon termination of this Agreement. a. OMB Standards The Sub recipient shall procure all materials, property, or services and then shall subsequently follow all Property Standards as set out in and in accordance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, including but not limited to the requirements covering utilization and disposal of property. b. Travel expenses Travel and related expenses for travel outside the city limits of the City of Grand Island Nebraska shall not be paid with funds provided under this Agreement without prior written approval from the City/Grantee. Grand Island Council Session - 1/24/2023 Page 126 / 182 13 E. Use & Reversion of Assets Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired or improved with Community Development Block Grant funds, in accordance with the Scope of Service, the use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub recipient shall transfer to the City/Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub recipients control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until thirty (30) years after expiration of this Agreement. Real property acquired or improved, in whole or in part, with funds under this Agreement between Seven Thousand and One Dollars ($7,001) and Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. 3. Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired, or improved, with Community Development Block Grant funds, in accordance with the Scope of Service, the Sub recipient shall return the personal asset or real property to the City/Grantee, or pay to the City/Grantee, a sum equal to its fair market value, less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for the acquisition of, or improvement to, the asset or property. The Sub recipient shall transfer to the City/Grantee any Community Development Block Grant funds on hand at the time of expiration of this Agreement and any accounts receivable of Community Development Block Grant funds. Sub recipient also hereby agrees to enter into an Indenture of Restrictive Covenants Agreement (“Indenture”) with the City/Grantee of City of Grand Island/Grantee at the time of real property purchase. In this Indenture, Sub recipient agrees to represent, warrant and covenant throughout the term of the Indenture that the land and/or facility purchased with CDBG funds will be used in accordance with Section 42 of the United States Code. Further, Sub recipient Grand Island Council Session - 1/24/2023 Page 127 / 182 14 agrees that the use of such property may not change from that for which the acquisition was made unless the Owner provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either (1) the new use of such property qualifies as meeting one of the national objectives in Volume 24 of the Code of Federal Regulations, Section 570.208 (24 CFR, § 570.208), or (2) if the Owner determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under 24 CFR, Section 570.208, it may retain or dispose of the property for the changed use if the Sub recipients CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. a) The Indenture of Restrictive Covenants shall terminate in the year designated in the Restrictive Covenant according to the terms stated in paragraph E above, based on the dollar amount of the funds granted, after the first day of the Compliance Period (such period being herein referred to as the “Compliance Period” or the “Extended Use Period”): b) Notwithstanding paragraph “a” above, the Compliance period for any building that is part of the Project shall terminate on the date the Project is acquired by foreclosure or transferred by a deed or other instrument in lieu of foreclosure unless the Secretary of the Treasury determines that such acquisition is part of an arrangement with Sub recipient a purpose of which is to terminate such Compliance Period. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub recipient for activities under this Agreement shall be: a. Transferred to the City/Grantee for the CDBG program, or b. Retained after compensating the City/Grantee (an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment). SECTION IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Sub recipient agrees to comply with: A. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); Grand Island Council Session - 1/24/2023 Page 128 / 182 15 B. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under (42 USC 5304(d)); and C. The requirements in 24 CFR 570.606(d) governing optional relocation policies. [The City/Grantee may preempt the optional policies.] The Sub recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Sub recipient also agrees to comply with applicable City/Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences. SECTION X. ASSURANCES The Sub recipient hereby agrees to use Community Development Block Grant funds for the purposes authorized by the City/Grantee. The Sub recipient further hereby agrees to comply with the assurances, attached hereto and incorporated herein which are required by the U.S. Department of Housing & Urban Development for all Community Development Block Grant projects. These include Federal Labor Standards requirements. SECTION XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub recipient hereby agrees to comply with all applicable state, local and civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub recipient hereby agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in (42 USC 5309 (a)) are still applicable. Sub-recipients shall comply with state and local civil rights laws proscribing housing discrimination based on sexual orientation or gender identity. 3. Land Covenants Grand Island Council Session - 1/24/2023 Page 129 / 182 16 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City/Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub recipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The City/Grantee shall provide the Sub recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Equal Opportunity 1. Approved Plan The Sub recipient hereby agrees that it shall be committed to carry out pursuant to the City/Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City/Grantee shall provide Affirmative Action guidelines to the Sub recipient to assist in the formulation of such program. The Sub recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women-and Minority-Owners Businesses (W/MBE) The Sub recipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms, “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51%) percent owned and controlled by minority group members or women. The Sub recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Sub recipient shall furnish and cause each of its own sub recipients or Grand Island Council Session - 1/24/2023 Page 130 / 182 17 subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City/Grantee, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Sub recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub recipient, state that it is an Equal Opportunity or Affirmative Action employer. 5. Subcontract Provisions The Sub recipient will include the provisions of paragraphs, XI. A., Civil Rights, and XI. B., Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 2. Labor Standards The Sub recipient hereby agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act and Related Acts as amended (40 USC 3141 et seq.), the provisions of Contract Work Hours and Safety Standards Act (40 USC 3701 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City/Grantee for review upon request. The Sub recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the City/Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by Grand Island Council Session - 1/24/2023 Page 131 / 182 18 state or local law, nothing hereunder is intended to relieve the Sub recipient of its obligation, if any, to require payment of the higher wage. The Sub recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended (12 USC 1701u), and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the City/Grantee, the Sub recipient and any of the Sub recipient’s sub recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided. The Sub recipient certifies and hereby agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Sub recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low income residents within the Grand Island Council Session - 1/24/2023 Page 132 / 182 19 service area or the neighborhood in which the project is located and to low-and very low-income participants in other HUD programs. The Sub recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Subcontracts The Sub recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability This Agreement shall not be assigned or transferred by the Sub recipient without the prior written consent of the City/Grantee; provided however, that claims for money due or to become due to the Sub recipient from the City/Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be promptly furnished in writing to the City/Grantee. 2. Subcontracts a. Approvals The Sub recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the City/Grantee prior to the execution of the agreement. b. Monitoring The Sub recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Sub recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Sub recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open Grand Island Council Session - 1/24/2023 Page 133 / 182 20 competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City/Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub recipient hereby agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engage in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub recipient hereby agrees to abide by the provisions of 2 CFR 200, as now in effect and as may be amended from time to time and 24 CFR 570.611, which include (but are not limited to) the following: a. The Sub recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds; b. No employee, officer or agent of the Sub recipient shall participate in the selection, or in the award, or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes but is not limited to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City/Grantee, the Sub recipient, or any designated public agency; and d. The Sub recipient covenants that neither it nor any member of its Board of Directors, officers, or employees presently have any interest in any project to be financed under the Scope of Service, and shall not acquire any interest therein which would conflict with the performance of the Scope of Service required under this Agreement or applicable statute, rule or regulation. Such a conflict would arise when: the employee, officer or agent; any member of their immediate family; their partner; or an organization which employs, or is about to employ, any of the above, has Grand Island Council Session - 1/24/2023 Page 134 / 182 21 a financial or other interest in the firm/household selected for award. The Sub recipients officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements during office tenure or for one year after the closeout of the grant. This stipulation must be included in all other contracts and subcontracts to this grant. 5. Lobbying The Sub recipient certifies, to the best of its knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Sub recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The Sub recipient shall require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and co-operative agreements) and that all Sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this Agreement results in any copyrightable material or inventions, the Grantee and/or City/Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize Grand Island Council Session - 1/24/2023 Page 135 / 182 22 others to use, the work or materials for governmental purposes. 7. Religious Activities The Sub recipient hereby agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. SECTION XII. ENVIRONMENTAL CONDITIONS A. Air and Water The Sub recipient hereby agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C., 7401, et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 308, and all regulations and guidelines issued thereunder; and 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub recipient shall assure that the activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Sub recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35.100 et seq. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, Grand Island Council Session - 1/24/2023 Page 136 / 182 23 risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Sub recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. SECTION XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XV. WAIVER The City/Grantee’s failure to act with respect to a breach by the Sub recipient shall not result in a waiver of its right to act with respect to subsequent or similar breaches. The failure of the City/Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. SECTION XVI. ENTIRE AGREEMENT The provisions set forth in Sections I-XVI, and all attachments of this Agreement constitute, the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall not be binding or valid. Grand Island Council Session - 1/24/2023 Page 137 / 182 24 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. Grantee: City of Grand Island, Nebraska Date _____________________________ By_____________________________________ Roger G. Steele, Mayor, City of Grand Island Attest: _______________________________________ CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________________________ Stacy R. Nonhof, Assistant City Attorney Sub-Recipient: Central Nebraska Community Action Partnership Date _____________________________ By____________________________________ Cheryl Holcomb, Executive Director Grand Island Council Session - 1/24/2023 Page 138 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-27 WHEREAS, the City was approached by students and staff from Central Community College Occupational Therapy Class with the idea of raising funds to build a new community inclusive playground in Ryder Park; and WHEREAS, on July 21, 2021 City Council approved Resolution 2021-186 to add a new playground in Ryder Park, on January 11, 2022 approved Resolution 2022-13 for the City Council to approve an agreement with the Central Community College Foundation, Inc. (CCCF) and the Greater Grand Island Community Foundation for fundraising of the Ryder Park playground, on April 12, 2022 approved Resolution 2022-104 for the City Council to approve the recognition of donors of $5,000 or more with onsite signage and on September 13, 2022 approved Resolution 2022-254 the Agreement Amendment so the City can help with fundraising efforts by applying for grants that require the owner’s submission; and WHEREAS, CCCF has secured a total of $928,434.00 in cash and pledges to date, and to keep the project on schedule for completion in 2023 it is necessary to order the equipment; and WHEREAS, the equipment specifications awarded under the Sourcewell Cooperative Buying Group contract meet the requirements for this project. Creative Sites, LLC of Omaha, Nebraska submitted a bid for the equipment to Sourcewell in compliance with the City’s procurement rules. Creative Sites is providing pricing under the Sourcewell Contract #010521-BUR in the amount of $1,239,356.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council approve Creative Sites, LLC of Omaha, Nebraska to furnish and install new playground equipment at Ryder Park in the amount of $1,236,356.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 139 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item G-15 #2023-28 - Approving Application for the Grand Island Fire Department to Apply for FY22 Assistance to Firefighters Grant to Purchase 70 P25 Compliant Radios Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 1/24/2023 Page 140 / 182 Council Agenda Memo From:Libby Finochiaro, Grants Administrator Meeting:January 24, 2023 Subject:Assistance to Firefighters FY22 Grant Application Presenter(s):Cory Schmidt, Fire Chief Background The Grand Island Fire Department is requesting to apply to the FY22 Assistance to Firefighters Grant for funding assistance for the purchase of seventy P-25 compliant radios. Discussion The radios being utilized by the City need to be replaced with P-25 compliant radios. The current Motorola XPR 7550 radios do not allow the fire department to communicate with the communities surrounding Grand Island. The process to talk to another department is to call into dispatch and have the call patched over to the correct department. This process creates communication delays and increases response times during critical events. The inability to quickly communicate is putting our staff and community at risk. The total cost of purchasing seventy P-25 compliant radios is $665,742.00. This grant will award up to $605,220.00 toward the radios with a local match of $60,522.00. The expenditures will occur in FY24. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the FY22 Assistance to Firefighters grant application and local matching fund of $60,522.00 for use in FY24. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the FY22 Assistance to Firefighters grant application and local matching fund of $60,522.00 for use in FY24. Sample Motion Move to approve the resolution authorizing the submittal of the FY22 Assistance to Firefighters grant application and local matching fund of $60,522.00 for use in FY24. Grand Island Council Session - 1/24/2023 Page 141 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney Approved as to Form ¤ ___________ TIME \@ "MMMM d, yyyy" January 17, 2023 ¤ City Attorney R E S O L U T I O N 2023-28 WHEREAS, the City of Grand Island Fire Department is applying to the FY22 Assistance to Firefighters grant for federal assistance to purchase P-25 compliant radios. WHEREAS, in order to communicate via radio with surrounding departments the Grand Island Fire Department must upgrade their current radios and purchase P-25 compliant radios; and WHEREAS, the cost for the purchase of the seventy P-25 compliant radios is $665,742.00 with $605,220.00 of that cost being requested in federal grant funding and $60,522.00 is requested in local match funding for FY24.; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the FY22 Assistance to Firefighters Grant application and $60,522.00 local match in FY24 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such renewal grant application on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. ______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 142 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item I-1 #2023-29 - Consideration of Request from Duysen Enterprises, LLC dba The Upper Deck, 2110 West 2nd Street for a Class “C” Liquor License and Liquor Manager Designation for Aaron Duysen, 1507 West 1st Street This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 1/24/2023 Page 143 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-29 WHEREAS, an application was filed by Duysen Enterprises, LLC dba The Upper Deck, 2110 West 2nd Street 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 December 31, 2022; such publication cost being $14.40; and WHEREAS, a public hearing was held on January 24, 2023 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 Aaron Duysen, 1507 West 1st Street, Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 144 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item I-2 #2023-30 - Consideration of Approving Letter of Support for Essential Air Service (EAS) to the Department of Transportation (DOT) Staff Contact: Michael Olson Grand Island Council Session - 1/24/2023 Page 145 / 182 Council Agenda Memo From:Mike Olson, AAE, Executive Director Meeting:January 24, 2023 Subject:Essential Air Service Recommendation Presenter(s):Mike Olson, AAE, Executive Director Hall County Airport Authority Background The Department of Transportation developed a program entitled Essential Air Service (EAS) several years ago to assure that smaller rural communities would be provided with passenger air service. The program provides subsidies to commercial air carriers to offset the cost of offering such service in areas where ridership cannot be to the level to achieve profitability. This program is intended to help small communities in economic development, community development and population stabilization. Hall County has benefited from this program over the last few years by assuring that the area continued flight service for citizens and businesses. Every two years the Department of Transportation asks for proposals from air carriers for the various EAS communities for the continuation of air service. A proposal from American Airlines was submitted for the Central Nebraska Regional Airport. A summary of the proposal is attached for City Council review. Discussion The Airport Authority Board, in a letter to Mayor Steele, is requesting concurrence from the City for the formal request to the Department of Transportation for the Essential Air Service. This is a requirement of the DOT on matters such as this. On January 18, 2023 the Hall County Airport Authority conducted a public meeting to discuss the bid for Essential Air Service to Grand Island, Nebraska. The Hall County Airport Authority is recommending American Airlines to the Department of Transportation (DOT) for air service for the Central Nebraska Regional Airport under the Essential Air Service Program. Grand Island Council Session - 1/24/2023 Page 146 / 182 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 accept the recommendation of the Hall County Airport Authority Board submitted by American Airlines and authorize the Mayor to send a letter to the Department of Transportation expressing support of such proposal. Sample Motion Move to accept the recommendation of the Hall County Airport Authority Board submitted by American Airlines and authorize the Mayor to send a letter to the Department of Transportation expressing support of such proposal. Grand Island Council Session - 1/24/2023 Page 147 / 182 Grand Island Council Session - 1/24/2023 Page 148 / 182 Grand Island Council Session - 1/24/2023 Page 149 / 182 Grand Island Council Session - 1/24/2023 Page 150 / 182 Grand Island Council Session - 1/24/2023 Page 151 / 182 Grand Island Council Session - 1/24/2023 Page 152 / 182 Essential Air Service Michael J. Olson, AAE Executive Director Hall County Airport Authority Grand Island Council Session - 1/24/2023 Page 153 / 182 Current Air Service Grand Island Council Session - 1/24/2023 Page 154 / 182 Essential Air Service Historical Perspective •Started in 1980 as a result of the Airline Regulation Act of 1978. •Assures small communities have air services albeit federally subsidized contract between DOT and Airline. Grand Island Council Session - 1/24/2023 Page 155 / 182 Essential Air Service •January 18, 2023 •Hall County Airport Authority Board adopted Resolution 23-02 •Recommending to the US Department of Transportation •American Airlines to provide continued Essential Air Service for Grand Island to DFW utilizing a 65-Seat CRJ-700 Regional Jet •Award is for two-years starting July 1, 2023 Grand Island Council Session - 1/24/2023 Page 156 / 182 Other Considerations: •Connectivity -Timing of Connections -Connections Available –Our top 20 destinations •Oversaturation of the market -Is proposed service the same as our neighboring airports? •Brand Loyalty •Air Fares •Cost of Proposal Essential Air Service Grand Island Council Session - 1/24/2023 Page 157 / 182 Grand Island Council Session - 1/24/2023 Page 158 / 182 Grand Island Council Session - 1/24/2023 Page 159 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-30 WHEREAS, the Central Nebraska Regional Airport has been working diligently to improve the air service options available to central Nebraskans and to increase the number of enplanements from the Central Nebraska Regional Airport; and WHEREAS, on January 18, 2023, the Hall County Airport Authority Board approved Resolution #23-02 authorizing a recommendation to the Department of Transportation to allow American Airlines to provide 12 weekly round trips from Central Nebraska Regional Airport in Grand Island, Nebraska (GRI) to Dallas/Fort Worth International Airport (DFW) in Dallas/Fort Worth, Texas; and WHEREAS, the recommendation would serve more passengers in central Nebraska, and would be the best use of federal Essential Air Service subsidies, and WHEREAS, the City of Grand Island supports the efforts to increase affordable, convenient options for air travel for central Nebraska; and WHEREAS, increased air traffic to serve central Nebraska would be a valuable asset to the community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor and City Council of the City of Grand Island hereby pledge their full support, endorsement, and cooperation with the efforts of the Hall County Airport Authority in submitting a recommendation to the Department of Transportation seeking Essential Air Service improvement funding to allow American Airlines to provide 12 weekly round trip nonstop flights to Dallas/Fort Worth International Airport in Dallas/Fort Worth, Texas. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to send a letter to the Department of Transportation expressing support of such proposal. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 160 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item I-3 #2023-31 - Consideration of Approving City Council Study Session Schedule for 2023 Staff Contact: Laura McAloon Grand Island Council Session - 1/24/2023 Page 161 / 182 Council Agenda Memo From:Laura D. McAloon, City Attorney Meeting:January 24, 2023 Subject:2023 Study Session Schedule Presenter(s):Laura D. McAloon, City Attorney Background Prior to September 27, 2005, Study Sessions were held every first and third Tuesday of the month pursuant to City Code. By Ordinance 9009, the City Council amended City Code and discontinued the mandatory Study Sessions on first and third Tuesday. Under current City Code §2-4: The City Council may hold a meeting to be referred to as a "Study Session" as needed and at the discretion of the City Council. Study sessions will be public meetings held at the time and place to be determined by the Council for which notice will be published pursuant to Nebraska statutory requirements. Study sessions shall be conducted to facilitate discussion between members of the Council and shall not be subject to formal parliamentary procedure. No motion, action, or vote of any kind shall be taken on any matter during a Study Session, except upon a motion to recess or to adjourn. Discussion City Administration recommends the advance scheduling of Study Sessions for the remainder of calendar year 2023 for the 1st and 3rd Tuesday at 7:00pm. This will enable Councilmembers, the public and City staff to plan for presentation of topics and attendance in advance. If not needed, the scheduled Study Sessions can be canceled through public notice from the Clerk. The Administration is not recommending Study Sessions on July 4 (legal holiday) or during the months of November and December when the Council’s regular meetings are scheduled for the 1st and 3rd Tuesday due to the holidays. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 1/24/2023 Page 162 / 182 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 staff recommends adoption of the resolution approving a schedule for 2023 City Council Study Sessions. Sample Motion Move to approve Resolution 2023-31 adopting the 2023 City Council Study Session schedule. Grand Island Council Session - 1/24/2023 Page 163 / 182 Approved as to Form ¤ ___________ 1/20/2023 ¤ City Attorney R E S O L U T I O N 2023-31 WHEREAS, the Mayor and City Council of the City of Grand Island desire to establish a schedule for study session meetings during calendar year 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the following schedule of City Council study sessions for 2023 is hereby approved: 7:00 p.m. in Council Chambers on the 1st and 3rd Tuesdays of the months of February through October, except July 4 and except during the months of November and December. BE IT FURTHER RESOLVED, the Mayor and City staff are hereby authorized and directed to take all actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 164 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item I-4 #2023-32 - Consideration of Approving Police Portable Radio Purchase Proposal Staff Contact: Kevin Denney Grand Island Council Session - 1/24/2023 Page 165 / 182 Council Agenda Memo From:Kevin Denney, Police Chief Meeting:January 24, 2023 Subject:Police Portable Radio Purchase Proposal Presenter(s):Kevin Denney, Police Chief Jim Duering, Police Captain Background The Police Department has budget authority of $150,000 under Capital expenditures to replace current portable radios purchased in 2013 and 2014. Changes in community radio projects and funding have created three purchase options, two of which would require additional funding. Discussion The Police Department has budget authority of $150,000 under Capital Outlay for the purchase of portable radio systems. The Department’s last purchase of portable radios took place in 2013 and 2014 and existing portable radio communications are past practical service life, and have created police function and safety concerns. These radios are out of warranty, and no longer supported by the manufacturer, leading to a situation of third party repairs and parts outsourcing to regain function after failure, which is increasingly frequent. The replacement of aging equipment has been in a state of limbo while discussion of a multi-million dollar City/County P25 compliant State Radio System build out has been taking place, but as that project has stalled we believe we can no longer wait on purchasing a portable radio solution. Changes in funding alternatives for the larger project have also created potential changes in funding necessary to complete our purchase. Additionally, as surrounding communities change to a more modern P25 compliant radio system, additional options may be necessary to retain inter-agency emergency communication capabilities. For this reason, we believe there are three alternatives, differing in purchase cost, future cost, and operational considerations. All alternatives fall under Nebraska State Bid contract number 14534 OC, and offer the ability to be purchased and supported locally Grand Island Council Session - 1/24/2023 Page 166 / 182 from Platte Valley Communications who support current radio communications for the Police Department. NOTE: “P25 Compliant” is a unit capable of future upgrade with additional costs required. “P25 Capable” is a radio capable of communication on a P25 system without future upgrade. Option 1: Quantity 75 Motorola MotoTrbo R7 UHF Portable Radios with battery upgrade, speaker mic, earpiece, and charger. PROS: Purchase Cost. This solution is the closest to a direct replacement of our existing radio system. Operational Considerations. This solution ads secure radio-to-radio communication capability to current radio solutions. CONS: Future Cost. This is a single band option, which cannot be upgraded for future P25 capable or compliant radio solution growth. There is a commercial trade-in program, which means a limited amount of money spent on this option might be recoverable in the event of future movement to the Statewide Radio System (SRS). Operational Considerations: This solution also does not address current inter- agency communication issues with agencies who have already gone to the Statewide Radio System (SRS) to include Kearney, Buffalo County, and the Nebraska State Patrol, with whom we hold operational MOU’s and work in conjunction with on a routine basis. Some of these interactions take place during ongoing emergency situations. Additionally, the secure radio-to-radio communications are not compatible with the secure communication capabilities of P25 Compliant Radio Options, limiting the ability to purchase multiple different radio solutions. Unit Cost: $1744.76 Programming: $3562.50 TOTAL COST: $134,419.50 Option 2: Quantity 75 Motorola APX6000 model 1.5 P25 Compliant Radios (Analog Equipped) with speaker mic, encryption key, charger, and earpiece. PROS: Purchase Cost. It is more than the Analog R7 Solution but offers a more affordable purchase price for a P25 compliant radio. Future Cost. Option 2 can be upgraded for approximately $1200 per radio to a future P25 radio system, which is still likely a better future investment than the trade-in option. Operational Considerations. This solution ads secure radio-to-radio communication capability to our existing radio system. CONS: Purchase Cost. Option 2 is still considerably more expensive than the R7 option. Future Cost: An additional $99,219.00 would be necessary to upgrade to any future P25 system (install upgrade costs of $1132.92 per radio plus $14,250.00 in programming cost) Grand Island Council Session - 1/24/2023 Page 167 / 182 Operational Considerations. This is the least desirable option operationally. The APX6000, while being P25 complaint, is a single band solution. This means it is an all or nothing option. We can operate on analog for the time being, but loose communication capabilities with agencies currently using the SRS system. If we migrate to the SRS, we would lose the ability to communicate with any agency still using an analog system. For this reason, Option 2 is the least desirable solution from an operations, and emergency response perspective. Unit Cost: $3536.96 Programming:$3262.50 TOTAL COST:$268,534.50 Option 3: Quantity 75 APX8000 model 1.5 P25 Capable Radios (analog and P25 equipped) with speaker mic, encryption key, charger, and earpiece. PROS: Future Cost. This solution is P25 Capable, meaning the department would not incur future portable radio costs in the event the City / County migrated to the SRS during the lifespan of these radios. Operational Considerations. This solution is a multi-band solution, meaning it can operate on our current analog radio system, and on existing and future p25 radio systems including the SRS. This means we do not lose any emergency inter-agency radio communications before or after any current radio system migration. This also resolves existing inter-communication issues if we pay a subscription fee to the existing SRS. It also ads secure radio-to-radio communication capability to our existing radio system. CONS: Purchase Cost. This is solution represents the largest up front purchase cost. Future Cost. Although nominal, there is a $132 dollar annual subscription fee per radio to operate on the SRS until such time as the City / County would build adequate infrastructure to support this system locally. This can be managed on an ‘as needed’ basis, as not all radios would need to be active on this system at all times. Unit Cost:$7111.39 Programming:$14,250.00 TOTAL COST: $547,604.25 Timeline Considerations: Historically, large purchases of multiple units have been budgeted in phases to minimize the impact on individual fiscal year budgets. However in this instance, the combination of operational budget cuts and potential large impact radio projects have put off these purchases longer than is practical to do a phased purchase due to operational and safety concerns. Additional inter-operability issues between existing radios and the more modern solutions further compound this problem. Grand Island Council Session - 1/24/2023 Page 168 / 182 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Option 1 2.Move to approve Option 2 3.Move to approve Option 3 4.Refer the issue to a Committee 5.Postpone the issue to future date 6.Take no action on the issue Recommendation City Administration recommends that the Council approve Option 3 to approve the purchase of 75 APX8000 model 1.5 portable radios, supporting equipment, and programming for a total cost of $547,281.00. Sample Motion Move to purchase portable radio solution option 3 for $547,604.25. Grand Island Council Session - 1/24/2023 Page 169 / 182 QUOTE-1996838 GRAND ISLAND POLICE 12/29/2022 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote(“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner toanyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are theproperty of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. Grand Island Council Session - 1/24/2023 Page 170 / 182 12/29/2022 GRAND ISLAND POLICE 111 PUBLIC SAFETY DR GRAND ISLAND, NE 68801 Dear Jim Duering, Motorola Solutions is pleased to present GRAND ISLAND POLICE with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide GRAND ISLAND POLICE with the best products and services available in the communications industry. Please direct any questions to Mike Hoffman at mikeh@pvcneb.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Mike Hoffman Motorola Solutions Manufacturer's Representative QUOTE-1996838 Grand Island Council Session - 1/24/2023 Page 171 / 182 Billing Address: GRAND ISLAND POLICE 111 PUBLIC SAFETY DR GRAND ISLAND, NE 68801 US Quote Date:12/29/2022 Expiration Date:02/27/2023 Quote Created By:Mike Hoffmanmikeh@pvcneb.com End Customer: GRAND ISLAND POLICE Jim Duering jduering@gipolice.org 308-385-5400 Contract: 32517 - NEBRASKA ADMINSERVICES CONTRACT #14534 OC Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 8000 Series APX8000 1 H91TGD9PW6AN APX 8000 ALL BAND PORTABLE MODEL 2.5 75 $7,108.00 $4,975.60 $373,170.00 1a QA01648AA ADD: HW KEY SUPPLEMENTAL DATA 75 $6.00 $4.20 $315.00 1b Q806CB ADD: ASTRO DIGITAL CAI OPERATION 75 $567.00 $396.90 $29,767.50 1c Q361AN ADD: P25 9600 BAUD TRUNKING 75 $330.00 $231.00 $17,325.00 1d H301CN DEL: DELETE BELT CLIP/ BASIC CARRY 75 -$10.00 -$7.00 -$525.00 1e QA05507AA DEL: DELETE 7/800 MHZ BAND 75 -$800.00 -$560.00 -$42,000.00 1f Q887AU ADD: 5Y ESSENTIAL SERVICE 75 $227.00 $227.00 $17,025.00 1g H38BS ADD: SMARTZONE OPERATION 75 $1,650.00 $1,155.00 $86,625.00 1h Q629AH ENH: AES ENCRYPTION AND ADP 75 $523.00 $366.10 $27,457.50 2 PMMN4069AL MICROPHONE,IMPRES RSM, 3.5MM JACK, IP55 75 $143.64 $104.86 $7,864.50 QUOTE-1996838 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 Grand Island Council Session - 1/24/2023 Page 172 / 182 Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 3 HLN6875A BELT CLIP 3 INCH 75 $14.04 $9.83 $737.25 4 NNTN8860ATAA TAA CHARGER, SINGLE- UNIT, IMPRES 2, 3A, 115VAC, US 75 $205.20 $143.64 $10,773.00 5 RLN4941BXL RX ONLY EXTRA LOUD EARPIECE W/TRANSLUCENT TUBE 75 $91.80 $64.26 $4,819.50 Product Services 6 LSV00Q00202A DEVICE PROGRAMMING 75 $190.00 $190.00 $14,250.00 Grand Total $547,604.25(USD) Notes: ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax,sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added toinvoices. QUOTE-1996838 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 Grand Island Council Session - 1/24/2023 Page 173 / 182 Purchase Order Checklist Purchase Order Checklist Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/ Contract Number PO Date Vendor = Motorola Solutions, Inc. Payment (Billing) Terms/ State Contract Number Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone # Tax Exemption Status Signatures (As required) Grand Island Council Session - 1/24/2023 Page 174 / 182 QUOTE-1998185 GRAND ISLAND POLICE 12/30/2022 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote(“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner toanyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are theproperty of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. Grand Island Council Session - 1/24/2023 Page 175 / 182 12/30/2022 GRAND ISLAND POLICE 111 PUBLIC SAFETY DR GRAND ISLAND, NE 68801 Dear Jim Duering, Motorola Solutions is pleased to present GRAND ISLAND POLICE with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide GRAND ISLAND POLICE with the best products and services available in the communications industry. Please direct any questions to MICHAEL EPLEY at michael.epley@pvcneb.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, MICHAEL EPLEY Motorola Solutions Manufacturer's Representative QUOTE-1998185 Grand Island Council Session - 1/24/2023 Page 176 / 182 Billing Address: GRAND ISLAND POLICE 111 PUBLIC SAFETY DR GRAND ISLAND, NE 68801 US Quote Date:12/30/2022 Expiration Date:02/28/2023 Quote Created By:MICHAEL EPLEYmichael.epley@pvcneb.com End Customer: GRAND ISLAND POLICE Jim Duering jduering@gipolice.org 3083855400 Contract: 32517 - NEBRASKA ADMINSERVICES CONTRACT #14534 OC Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 6000 Series APX6000 1 H98QDD9PW5BN APX6000 UHF R1 MODEL 1.5 PORTABLE 75 $3,213.00 $2,249.10 $168,682.50 1a QA01648AA ADD: HW KEY SUPPLEMENTAL DATA 75 $6.00 $4.20 $315.00 1b H842AU ADD: SINGLE UNIT PACKING 75 $0.00 $0.00 $0.00 1c Q361AR ADD: P25 9600 BAUD TRUNKING 75 $330.00 $231.00 $17,325.00 1d H38BT ADD: SMARTZONE OPERATION 75 $1,320.00 $924.00 $69,300.00 1e H301CN DEL: DELETE BELT CLIP/ BASIC CARRY 75 -$10.00 -$7.00 -$525.00 1f Q806BM ADD: ASTRO DIGITAL CAI OPERATION 75 $567.00 $396.90 $29,767.50 1g Q887AU ADD: 5Y ESSENTIAL SERVICE 75 $227.00 $227.00 $17,025.00 1h Q629AK ENH: AES ENCRYPTION AND ADP 75 $523.00 $366.10 $27,457.50 QUOTE-1998185 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 Grand Island Council Session - 1/24/2023 Page 177 / 182 Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 2 PMMN4060BSP01 AUDIO ACCESSORY- REMOTE SPEAKER MICROPHONE,AUDIO ACCESSORY-REMOTE SPEAKER MIC, PSM IP55 WITH 3.5MM JACK RX 24IN 75 $177.12 $129.30 $9,697.50 3 NNTN8860A CHARGER, SINGLE-UNIT, IMPRES 2, 3A, 115VAC, US/NA 75 $169.56 $118.69 $8,901.75 4 HLN6875A BELT CLIP 3 INCH 75 $14.04 $9.83 $737.25 5 RLN4941BXL RX ONLY EXTRA LOUD EARPIECE W/TRANSLUCENT TUBE 75 $91.80 $64.26 $4,819.50 Product Services 6 LSV00Q00202A DEVICE PROGRAMMING 75 $190.00 $190.00 $14,250.00 Grand Total $367,753.50(USD) Notes: ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax,sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added toinvoices. QUOTE-1998185 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 Grand Island Council Session - 1/24/2023 Page 178 / 182 Purchase Order Checklist Purchase Order Checklist Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/ Contract Number PO Date Vendor = Motorola Solutions, Inc. Payment (Billing) Terms/ State Contract Number Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone # Tax Exemption Status Signatures (As required) Grand Island Council Session - 1/24/2023 Page 179 / 182 Platte Valley Communications 3820 ARCH AVE GRAND ISLAND, NE 68803 (308) 382-6212 TO:WWW.PVCNEB.COM DATE: 12/29/22 We are pleased to submit the following bid: Quote (service and materials) nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn Quote prepared for:Grand Island Police Dept Jim Duering Job Description:Radio and equipment quote 12% Nebraska Contract Discount Quote prepared by:Mike Email mikeh@pvcneb.com MATERIALS QUANTITY DESCRIPTION UNIT PRICE TOTAL 75.0 MOTOTRBO R7 UHF PORTABLE 1390.33 $1,744.76 $130,857.00 RM780 SPEAKER MIC 172.80 LI-ION 2850T BATTERY UPGRADE 89.83 STANDARD CHARGER INCL EXTRA LOUD EARPIECE W/TRANSLUCENT TUBE 91.80 5 YEAR ESSENTIAL SERVICE WARRANTY Materials total:$130,857.00 SERVICE HOURS DESCRIPTION CHARGES TOTAL 1.0 PROGRAMMING FREQUENCIES AND SETTING UP ID'S $3,562.50 $3,562.50 Price valid until: 30 days from above date Quote does not include sales tax Total:$134,419.50 Grand Island Council Session - 1/24/2023 Page 180 / 182 Approved as to Form ¤ ___________ January 20, 2023 ¤ City Attorney R E S O L U T I O N 2023-32 WHEREAS, the Police Department for the City of Grand Island is experiencing communication issues with existing stock of Motorola portable radios; and WHEREAS, the proposed radio solution purchase of Motorola APX 8000 model 1.5 multi-band radios increased secure and inter-agency communications, as well as resolving communication issues from existing radios; and WHEREAS, purchasing radios from the State contract holder under state contract 14534 OC meets all statutory bid requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, approve the purchase of quantity 75 Motorola APX 8000 Model 1.5 multi-band radios and programing for the quoted state bid price of $547,604.25 from State contract holder, Platte Valley Communications of Grand Island, Nebraska, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2023. _______________________________________ Roger G.Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/24/2023 Page 181 / 182 City of Grand Island Tuesday, January 24, 2023 Council Session Item J-1 Approving Payment of Claims for the Period of January 11, 2023 through January 24, 2023 The Claims for the period of January 11, 2023 through January 24, 2023 for a total amount of $7,181,073.54. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 1/24/2023 Page 182 / 182